SilverSky® COMMERCIAL EMAIL AND MESSAGING SERVICES

USER TERMS AND CONDITIONS

Welcome to our email and messaging services (the “Services”). We provide the Services to you on the following Terms and Conditions, which will constitute a valid, electronic agreement between you and us for your use of the Services.

By clicking on the appropriate button to indicate your acceptance, by paying for, or using the Services, you agree to use the Services consistent with these Terms and Conditions and with all applicable laws and regulations. You may not modify these Terms and Conditions. We may modify these Terms and Conditions from time to time. If we do, we will notify you by posting the amended Terms and Conditions on the Services. Please read these Terms and Conditions carefully. You are responsible for regularly reviewing these Terms and Conditions. If any terms contained herein conflict with any terms contained on our website, these Terms and Conditions control.

A. RULES FOR USING THE SERVICES

1. YOUR RESPONSIBILITIES. You are solely responsible for the content of your messages. You acknowledge that we are not responsible or liable, and do not control, the content of messages sent through the Services. You are not permitted to transmit messages on the Services that (a) infringe on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy; (b) violate any law, statute, ordinance or regulation; (c) are defamatory, trade libelous, threatening, unlawfully harassing, indecent, abusive, obscene, or contain child pornography; (d) contain viruses or other similar harmful or deleterious programming routines; (e) damage, disable, overburden or impair the Services or any other party’s use of the Services; or (f) contain links to any sites that do or are. In addition, you are not permitted to harvest email addresses through the Services or falsify header information in the messages you send. Complaints regarding email abuse should be sent to abuse@silversky.com.

2. SPAMMING IS PROHIBITED. You may not use the Services to send spam, either directly or indirectly, or that in any way violates our Anti-Spam Policy located at the following URL: http://www.silversky.com/anti-spam-policy. We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes sending any form of email that can be interpreted as junk email or bulk email that the recipient has not specifically requested from you. We may, at our sole option, deploy automatic spam filters that may temporarily block or permanently terminate emails sent to or by you without delivering them. We reserve the right to take any and all legal and technical remedies to prevent you from sending spam. If you send any spam, we may penalize you by terminating your mailbox and through any other remedies we may have available to us.

3. RULES RELATING TO MINORS. If you are under the age of 18 you may not use the Services without the consent of a parent. If you are under the age of 13, you may not use the Services. If you are age 18 or older, you warrant to us that you are at least 18 years old, that all information you submit to us is true and verifiable (including your credit card account information, if any), you agree to pay all fees, charges, taxes and assessments arising out of your use of the Services.

B. OUR PRIVACY POLICY

1. PRIVACY OF YOUR MAILBOX AND MESSAGES. We consider your registration data, payment information and the content of all of your messages to be private. Email messages that you send through our Services will be received with your name and Internet Protocol (IP) address contained within the header of your message. We will not intentionally monitor or disclose any of your messages or registration data unless we believe in good faith that we are required to do so (i) to enforce these Terms and Conditions, (ii) by law, (iii) to defend us in any action, or (iv) to protect our property. Additionally, you agree to respect the privacy and confidentiality of others. Since privacy is a function of your password, we encourage you to change your password frequently and to not share it with anyone.

2. PRIVACY OF YOUR REGISTRATION DATA. Additional information about our privacy policy can be found at the following URL: http://www.silversky.com/privacy-policy. You understand that we may disclose statistics about our users’ registration information in connection with our marketing activities, but we will only disclose such information in the aggregate.

C. ABOUT THE SERVICES

1. ALLOWED USE. You acknowledge that only you are authorized to use your mailbox and/or messaging Services. You agree not to resell the Services and you agree to be fully liable for the use of your mailbox and/or messaging Services, including any unauthorized use by a third party. You agree to notify us immediately if you become aware of any unauthorized use of your Services.

2. CANCELLING YOUR MAILBOX. If we provide your mailbox and your mailbox is cancelled for any reason, all email, including any attachments will automatically be deleted. We may or may not notify you before we terminate your mailbox for violation of these Terms and Conditions. If we terminate your mailbox, we may not reinstate it, in our sole discretion.

D. OTHER PROVISIONS

1. PROPRIETARY RIGHTS. We may provide you with content such as text, software, music, sound, photographs, graphics, video or other material which may be protected by copyrights, trademarks, or other intellectual property rights and laws. You may use this material only as expressly authorized by us or our partners and you may not copy, transmit or create derivative works of such material without express authorization.

You acknowledge and agree that you may not upload, post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject you to personal liability or criminal prosecution.

If you believe that a copyrighted work has been infringed by a user of our Services, please click here.

Upon our receipt of notice of a claimed copyright infringement containing the above information, we will promptly remove the allegedly infringing material from the Services. We will have no liability to any user of the Services for the removal of any such material.

2. INDEMNIFICATION. You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand or damage, including reasonable attorneys’ fees, caused by or arising out of claims made against us based upon the use of the Services.

3. SURVIVAL OF TERMS AND CONDITIONS. You must adhere to these Terms and Conditions for so long as you are using the Services. The following provisions of these Terms and Conditions will survive any termination: Rules for Using the Services, Our Privacy Policy, Indemnification and Other Provisions.

4. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAY CHANGE THE FEATURES OR FUNCTIONALITY OF THE SERVICES AT ANY TIME, IN OUR SOLE DISCRETION. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

5. LIMITATION OF LIABILITY. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, NOR FOR INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Some States do not allow the limitation of liability so the foregoing may not apply to you.

YOU ALSO AGREE THAT YOUR SOLE REMEDY UNDER THIS AGREEMENT IS CANCELLATION OF YOUR SERVICES.

6. MISCELLANEOUS. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Colorado without giving effect to principles of conflict of laws. You agree to submit to the exclusive jurisdiction of the courts located in the county of El Paso in the State of Colorado. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. We may assign these Terms and Conditions, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sub-license your rights, if any, under these Terms and Conditions. Our failure to act with respect to your breach does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between you and us. These Terms and Conditions and all documents relating hereto have been drafted and will be interpreted in English.

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