MilitaryEmail.com

TERMS OF SERVICE

1.	ACCEPTANCE OF TERMS

Welcome to Militaryemail.com. MilitaryEmail and its subsidiaries provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.militaryemail.com/terms.do. In addition, when using particular Militaryemail.com services, you and Militaryemail.com shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

2.	DESCRIPTION OF SERVICE

Militaryemail.com currently provides Military Consumers with access to email access and related services (the "Service").  Militaryemail.com may offer different levels of the Service to different users (each a "Service Level").  Certain Service Levels may include advertisements and these advertisements are necessary for Militaryemail.com to provide the Service.  You also understand and agree that certain Service Levels may include certain communications from Militaryemail.com, such as service announcements and administrative messages, and that these communications are considered part of Militaryemail.com membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the then current Service, including the release of new Militaryemail.com services, shall be subject to the TOS.

You understand and agree that the Service is provided "AS-IS" and that MilitaryEmail and its subsidiaries assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings and you assume all risks of using the Services.

You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

For purposes of this TOS, "Military Consumers" shall mean persons: (a) actively serving in any branch of the United States Armed Forces: (b) otherwise classified as United States military personnel by a federal agency or United States government; or (c) who are career retired United States military personnel (i.e., such personnel serving at least 20 years in the United States military).  The Service is intended for Military Consumers only.  If you are not a Military Consumer and cannot show, to Militaryemail's satisfaction, that you are a Military Consumer, Militaryemail reserves the right to: (i)  terminate the Service to you in accordance with this TOS; and/or (ii) continue to provide you the Service and assess a fee of $100.00 per month in addition to Militaryemail.com's standard Service fees for each month you have received the Service and for each month Militaryemail.com continues to provide you the Service.

3.	YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MilitaryEmail has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MilitaryEmail has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4.	LICENSE TO THE SERVICE CONTENT AND SOFTWARE

MilitaryEmail and its subsidiaries grant to you a personal, nonsublicensable, nonexclusive license to access and use the Service. Title to and ownership of the service shall be and at all times remain in MilitaryEmail, its subsidiaries or its Service providers.  As part of the Service, you will have access to information, communications, photos, text, video, graphics, music, sounds, images and other material and services posted onto the Service by us or third party service providers ("Service Providers") and designated for your use (collectively, "Content").  We grant to you a personal, nonsublicensable, nonexclusive license to download one copy of Content from the Service to a single computer for purposes of viewing and browsing.  All other use of the Content, including but not limited to, modification, publication, transmission, participation in the transfer or sale of, reproduction, creation of derivative works from, distribution, performance, display, incorporation into another web site, mirroring the Service, or in any other way exploiting any of the Content, in whole or in part, is prohibited.  The Content is owned by MilitaryEmail and its subsidiaries and its licensors, vendors and Service Providers and is protected by United States and foreign intellectual property laws.  Unauthorized use of the Content may violate copyright, trademark and other laws.

License to Software.  We grant you a personal, non-exclusive, non-transferable license to use the software on the Militaryemail.com Web Site ("Software") in accordance with the terms of this Agreement.  You may only use the Software in object code form on a server controlled by us and in connection with your use of the Service.  This license does not confer upon you any right to copy the Software or to use it on computers other than a server controlled by us.  You may not sublicense the Software.  You may not reverse engineer, decompile, disassemble, modify, adapt, translate, create derivative works of, copy, distribute, or transfer the Software.  You may not use Web pages or parts of Web pages generated by the Software, other than content that originates from and is proprietary to you, on any server other than the servers controlled by us without our express written agreement.  You also acknowledge that the Software is intended for access and use by means of web-browsing software, and that Militaryemail.com does not commit to support any particular browsing platform.  We reserve the right at any time to revise and modify the Software, to release subsequent versions of it, and to alter its features, specifications, capabilities, functions, and other characteristics, without notice to you.  If any of the Software is accompanied by an end user license agreement, then use of such Software will be governed by the terms of that license agreement.

5.	MILITARYEMAIL.COM PRIVACY STATEMENT

Registration Data and certain other information about you is subject to our Privacy Statement.  For more information, see our full Privacy Statement at http://www.militaryemail.com/privacy.do

6.	MEMBER ACCOUNT, FEES, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Militaryemail.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MilitaryEmail and its subsidiaries will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you acknowledge that you could be held liable for losses incurred by MilitaryEmail and its subsidiaries or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

For access to and use of the Service, you shall pay all fees and charges in accordance with the Membership Fee Schedule.

We ask that you provide us with your credit card information for payment, and all charges you incur for use of the Service will be charged to the credit card number you provide.  If we do not receive payment from the card issuer, you shall pay us all amounts due upon demand.  We may take commercially reasonable actions to validate your credit card.

You shall pay any taxes, including personal property taxes or sales taxes, resulting from your use of the Service.  You shall pay all attorney and collection fees arising from our efforts to collect any past due amounts from you to the extent allowed by law.

7.	MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, messages or other materials ("User Material") are the sole responsibility of the person from which such User Material originated.  This means that you, and not Militaryemail.com, are entirely responsible for all User Material that you email or otherwise make available via the Service.  Militaryemail.com does not control the User Material posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such User Material.  You understand that by using the Service, you may be exposed to User Material that is offensive, indecent or objectionable.  Under no circumstances will MilitaryEmail and its subsidiaries be liable in any way for any User Material, including, but not limited to, for any errors or omissions in any User Material, or for any loss or damage of any kind incurred as a result of the use of any User Material emailed or otherwise made available via the Service.

You agree to not use the Service to:

a.	Email or otherwise make available any User Material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b.	Harm minors in any way;
c.	Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Material transmitted through the Service;
d.	Email or otherwise make available any User Material that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e.	Email or otherwise make available any User Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.  In the event you become aware of any User Material that may infringe on the Rights of any party, please report such User Material pursuant to the procedure set out in Section 21, below;
f.	Email or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that are designated for such purpose;
g.	Email or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
h.	Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
i.	Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
j.	"Stalk" or otherwise harass another; or
k.	Collect or store personal data about other users.

You acknowledge that Militaryemail.com does not pre-screen User Material, but that Militaryemail.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any User Material that is available via the Service.  Without limiting the foregoing, Militaryemail.com and its designees shall have the right to remove any User Material that violates the TOS or is otherwise objectionable.  You agree that you must evaluate, and bear all risks associated with, the use of any User Material, including any reliance on the accuracy, completeness, or usefulness of such User Material.

You acknowledge and agree that Militaryemail.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Militaryemail.com, its users and the public.

Militaryemail.com is not affiliated with the United States Government or any branch of the United States Armed Forces and is not intended for use in connection with the transmission or storage of confidential or classified information.

8.	INDEMNITY

You agree to indemnify and hold Militaryemail, its subsidiaries and affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Material you make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

9.	NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

10.	GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that MilitaryEmail and its subsidiaries may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, and the maximum disk space that will be allotted on Militaryemail.com's servers on your behalf. You agree that MilitaryEmail and its subsidiaries have no responsibility or liability for the deletion or failure to store or deliver any messages and other communications or other User Material maintained or transmitted by the Service. You acknowledge that Militaryemail reserves the right to log off and otherwise terminate accounts that are inactive for an extended period of time. You further acknowledge that Militaryemail reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice to you.

11.	MODIFICATIONS TO SERVICE

MilitaryEmail and its subsidiaries reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that MilitaryEmail and its subsidiaries shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12.	TERMINATION

You agree that MilitaryEmail and its subsidiaries may, under certain circumstances and without prior notice, immediately terminate your Militaryemail.com account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity. Termination of your Militaryemail.com account includes (i) removal of access to all offerings within the Service (ii) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (iii) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Militaryemail 's sole discretion and that Militaryemail shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

13.	DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MilitaryEmail and its subsidiaries shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

14.	LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Militaryemail.com has no control over such sites and resources, you acknowledge and agree that MilitaryEmail and its subsidiaries are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MilitaryEmail and its subsidiaries shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

15.	MILITARYEMAIL.COM'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MilitaryEmail, its subsidiaries or its Service Providers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

You may not violate or attempt to violate the security of the Service or use the Service to violate the security of other web sites by any method, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any member or user of the Service, host or network, including, without limitation, by submitting a virus to the Service, overloading, "flooding," "spamming," "mailbombing," or "crashing," (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any packet header of Militaryemail.com or its Service Providers or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We may investigate violations of this Agreement and may involve and cooperate with law enforcement authorities in prosecuting users and members of the Service and others who are involved in such violations.

16.	DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a.	YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MILITARYEMAIL AND ITS SUBSIDIARIES 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.

b.	MILITARYEMAIL AND ITS SUBSIDIARIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

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

d.	NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MILITARYEMAIL.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

17.	LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MILITARYEMAIL AND ITS SUBSIDIARIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MILITARYEMAIL OR ITS SUBSIDIARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.  IN ANY EVENT, MILITARYEMAIL AND ITS SUBSIDIARIES'S TOTAL AGGREGATE LIABILITY TO YOU ARISING FROM ANY CLAIMS, WHETHER BASED ON CONTRACT, TORT OR WARRANTY, SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU FOR THE SERVICES FOR THE SIX MONTHS' PRECEDING THE CLAIM.

18.	EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS MENTIONED ABOVE MAY NOT APPLY TO YOU.

We have no obligation to screen communications in advance and are not responsible for screening or monitoring material posted by users or members. If we are notified of communications or materials that allegedly do not conform to this Agreement, we may investigate that allegation and determine in good faith and in our sole discretion whether to modify, remove, or request the removal of the communication. We may also terminate the account of the responsible member or take such other action as we deem fit. We have no liability or responsibility to users or members for performance or non-performance of such activities.

We do not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or members or endorse any opinions expressed by users or members. You acknowledge that any reliance on material posted on the Web Site will be at your own risk.

19.	TERMINATION AND NOTICE

You may terminate your membership at any time by contacting Support through the "Help" link in your account. Upon termination, your access to the Service will be terminated. You are responsible for all Membership Fees and activity under your account that have accrued up to the time that your account is deactivated.

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

20.	TRADEMARK INFORMATION

Militaryemail.com, the Militaryemail.com logo, MilitaryEmail, 'One Email, One Mission, One Community' other Militaryemail.com logos and other product and service names and trademarks are the property of MilitaryEmail and its subsidiaries or its Service Providers (the "Militaryemail.com Marks"). Without MilitaryEmail's prior permission, you agree not to display or use in any manner, the Militaryemail.com Marks.

21.	GENERAL INFORMATION

The TOS constitute the entire agreement between you and MilitaryEmail and its subsidiaries and governs your use of the Service, superceding any prior agreements between you and MilitaryEmail and its subsidiaries. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and MilitaryEmail and its subsidiaries shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions. You and MilitaryEmail and its subsidiaries agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Jackson. The failure of MilitaryEmail and its subsidiaries to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. 
The section titles in the TOS are for convenience only and have no legal or contractual effect.

22.	VIOLATIONS
MilitaryEmail and its subsidiaries respect the intellectual property of others and reserves the right, in its sole discretion, to remove, take down or delete material transmitted to Militaryemail.com by any electronic means that MilitaryEmail or its subsidiaries believes may infringe on the Rights of others. 
If you believe that Militaryemail.com has been used to infringe your copyrighted work, please notify Militaryemail.com as soon as the allegedly infringing activity comes to your attention. This notice is issued pursuant to the Online Copyright Infringement Liability Limitation Act (OCILLA). 
Notice of an infringement or any other any violations of the TOS to questions@militaryemail.com.