Mail-Block.com Terms of Service - Updated on August 17, 2005 Note: All users are bound by these Terms of Service. Mail-Block Corporation ("Mail-Block.com") agrees to provide you ("User") with those services ("Service") set forth on the Application subject to User's compliance with the terms and conditions below. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. Warranty Disclaimer THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED. Mail-Block Corporation exercises no control whatsoever over the content of the information passing through Mail-Block.com's system. Use of any information obtained via Mail-Block.com is at User's risk. Neither Mail-Block Corporation nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does Mail-Block Corporation make any warranty as to the results from use of the Service. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY MAIL-BLOCK CORPORATION, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER MAIL_BLOCK CORPORATION NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL MAIL-BLOCK CORPORATION, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT MAIL-BLOCK CORPORATION IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, MAIL-BLOCK CORPORATION'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM. If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of Mail-Block Corporation in operating the Service, User's sole and exclusive remedy is to discontinue using the Service. Indemnification Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold Mail-Block Corporation, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by Mail-Block Corporation, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify Mail-Block Corporation in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and Mail-Block Corporation shall confer as to and agree on the legal counsel(s) to be selected in any such defense. Age Limit User represents to Mail-Block.com that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18. Sexually Explicit Materials User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. Mail-Block Corporation has no control over and accepts no responsibility whatsoever for such materials. Port 25 Restrictions User understands that port 25 is restricted for all outgoing mail servers. User must send mail through our mail server when connected to the network. Prohibited Uses User may not: restrict or inhibit any other user from using and enjoying the Internet; post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations; post on web space provided any sexually explicit materials or materials that may be offensive. post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component; post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto; send unsolicited advertising or promotional materials to other network users (See section titled "MESSAGING"); allow users to run Maillist, Listserv or any form of auto-responds from User's account; run or activate processes while User is not logged in; violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity; or violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account. Mail-Block.com has no obligation to monitor the Service. However, User agrees that Mail-Block.com has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Mail-Block.com will not intentionally monitor or disclose any private e-mail message unless required by law. Mail-Block Corporation reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. Mail-Block Corporation reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of Mail-Block Corporation following payment of a reconnection charge, to be determined by Mail-Block Corporation in its sole and absolute discretion. Messaging User agrees to limit their use of the Mail-Block.com service, specifically regarding the use of Mail-Block.com's electronic (e-mail) services, to the following restrictions: Unauthorized Use of Relay Servers User agrees that any unauthorized use of any e-mail server located throughout the Internet for the purposes of relaying or distributing messages is prohibited. Fraudulent Addressing User agrees that the purposeful distribution of any e-mail message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered, is prohibited. User may not purposefully misrepresent the origination information of any e-mail messages sent while using the Mail-Block.com service. Transmission of unsolicited e-mail or promotional material. Users of Mail-Block.com's services are restricted from using any of our Services or Resources for the purpose of transmitting unsolicited or promotional material including but not limited to, any material which can be commonly referred to as SPAM. The violation of this restriction will result in a ten dollar penalty for each e-mail address for which the unsolicited or promotional material was sent. All costs associated with the collection of this fee will be the responsibility of the violator. In addition, Mail-Block Corporation reserves the right to prosecute the user for breach of this contract and the violating user acknowledges they have purposefully and intentionally damaged Mail-Block Corporation's brand and image in the marketplace. The violator agrees to pay any and all legal costs incurred by Mail-Block Corporation associated with each violation. Fraudulent Content User agrees to be held responsible for the distribution of fraudulent materials. VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. Intended Use The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law. Payments/Billing All Prepay plans paid by credit card automatically renew at the same rate unless customer cancels the service on or before the expiration date of the account. To prevent a delay in service due to outdated credit card information, all credit cards process 10 days prior to the actual anniversary date. Mail-Block.com will notify customer of the renewal and confirm the amount charged. Check Payments: accounts paid by check are held inactive until customer's check is processed and funds are received by Mail-Block Corporation (checks are made out to Mail-Block Corporation, 1104 H Beville Rd, Daytona Beach, FL 32114). Accounts paid by check are nonrefundable after the first thirty days. Refund Policy Account cancellations and refund requests should be made at least two days prior to billing date. Cancellations and refund requests made after are effected on the next billing date. There are additional charges for wrongful charge backs and bounced checks: Wrongful charge back filed -- An additional $25 administrative fee on top of the amount charged back. Bounced Check -- An additional $29 service fee on top of the amount to be paid. Policies/Procedures Customer agrees to abide by policies and procedures published on Mail-Block.com's website. Mail-Block Corporation reserves the right to change these policies and procedures at anytime. No System Backup Mail-Block.com does not and will not perform system backups on any User's e-mail account(s). Mail-Block.com shall not be held responsible for any lost e-mail data, e-mail attachments, or any e-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, Mail-Block.com will not provide historical data, to any party for any reason, regarding any system or Internet activity. Mail-Block.com does not and will not perform system backups on any web sites. Mail-Block.com shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, Mail-Block.com will not provide historical data, to any party for any reason, regarding any system or Internet activity. Failure to Comply With Terms and Conditions Mail-Block.com may deny User access to all or part of the Service without notice if User engages in any conduct or activities that Mail-Block.com in its sole discretion believes violates any of the terms and conditions in this Agreement. If Mail-Block.com denies User access to the Service because of such a violation, User shall not have the right (1) to access through Mail-Block.com any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through Mail-Block.com, and Mail-Block.com shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification. Miscellaneous User agrees to notify Mail-Block Corporation if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to Mail-Block.com. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. Mail-Block Corporation's failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. Mail-Block Corporation may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Mail-Block Corporation shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of Mail-Block.com. Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming Mail-Block Corporation as the defendant, shall be proper only in a venue determined by Direct Pop.net. In any action between Mail-Block.com and User to enforce any of the terms of this Agreement, Mail-Block Corporation shall be entitled to recover expenses, including reasonable attorney's fees. This Agreement constitutes the entire agreement between User and Mail-Block.com with respect to the Service.

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