TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO.

Welcome to Mailshell.com ("Mailshell"). The following terms and conditions of use and any amendments thereto (the "Terms") apply exclusively to your access to, and use of, the Mailshell.com service and any related services offered by Mailshell (the "Service"). These Terms may be changed in the future without further notice, and your continued use of the Service following any such changes constitutes your acceptance of the new terms. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Mailshell.com for products, services or otherwise.

The Service is available to U.S. residents who are least 13 years of age and who can form legally binding contracts under applicable law. If you have any question regarding the use of this Service, please refer first to our Help Section. All other questions or comments about the Service should be directed to support@mailshell.com.

1. Privacy Policy

Mailshell believes strongly in protecting user privacy. Users of this Service should refer to our Privacy Policy for information about how Mailshell uses and collects information.

You agree that Mailshell may access and disclose information about you or your use of the Service when Mailshell deems necessary or appropriate to comply with the law or legal process, to protect Mailshell's systems and customers, or to ensure the integrity and operation of Mailshell's business and systems. Such disclosure may include, without limitation, user profile information (e.g., name, e-mail address, etc.), IP address and traffic information, usage history, and posted content. Mailshell's right to disclose any such information shall govern over any terms of Mailshell's Privacy Policy.

2. Access Restriction & Password Security

Mailshell reserves the right to deny in its sole discretion any user access to Mailshell.com, the Service or any portion thereof without notice. You are responsible for safeguarding the confidentiality of your password(s) and user name(s) issued to you by Mailshell, and for any use or misuse of your account or the Service resulting from any third party using a password or user name issued to you.

3. Order and Payment Information

If you use the Service to order a fee-based service, such as our Premium Service, payment must be received by Mailshell prior to Mailshell's acceptance of an order. Mailshell may need to verify information you provide before it accepts an order, and may cancel or limit an order any time after it has been placed, including but not limited to the event that a service is listed at an incorrect price due to typographical or other error.

You agree to pay the fee that is published on the Mailshell.com site and in effect at the time you initiate your order for a particular service. All fees are charged in U.S. dollars. Mailshell may change its fees at any time.

The Premium Service comes with a 30-day money-back guarantee, applicable to transactions placed after May 10, 2002. This means that if you are a new user, you can receive a full refund to your credit card within 30 days of your order date by deleting your account; if you are an existing free user who has upgraded, you can receive a refund within 30 days of your order date by either deleting your account or reverting to your free account. After 30 days have elapsed, fees become nonrefundable. Domain registration fees are always nonrefundable, and Mailshell cannot guarantee that a domain name it believes to be available for registry and/or purchase will, in fact, be available for registry upon a user's request. Users will not be charged for unavailable domain names.

If you have opted to renew a service automatically, it will be renewed 1 year from your order date at the then-current rate. If you cancel, your domain will remain registered until the end of the billing cycle. You will receive notice and further instructions via email near the end of your billing cycle.

In ordering services through the Service, you agree to provide only true, accurate, and complete information, and agree to update that information to keep it true, accurate, current and complete. Mailshell shall have the right to terminate your use of the Service if it has reasonable grounds to believe you have provided false, inaccurate, or incomplete information. You agree that if you are ordering services on behalf of a company, that you have sufficient authority to bind that company to the Terms.

4. No "Spamming"

Users shall not use the Service for chain letters, junk mail, "spamming" or any use of distribution lists to any person who has not given specific permission to be included in such a process. An email advertisement which is (a) addressed to a recipient with whom the initiator does not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("spam" or "spamming") is strictly prohibited by Mailshell. If any user uses the Service for spam, Mailshell reserves the right to immediately terminate that user's access to the Service and to seek appropriate legal recourse as necessary. If any user believes that others are using the Service for spam, please contact Mailshell at support@mailshell.com.

5. User Conduct

Mailshell reserves the right, but does not assume the responsibility, to monitor or review user conduct on the Service. Use of the Service is subject to all applicable local, state, national and international laws and regulations. You agree: (1) to comply with U.S. law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; and (3) not to interfere or disrupt networks connected to the Service.

In using the service, you agree not to:

1. Harvest or otherwise collect information about others, including without limitation names and e-mail addresses, without their consent;



2. Transmit through the Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;



3. Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the Service;



4. Transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;



5. Interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services;



6. Advertise or offer to sell or buy any goods or services for any non-personal purpose;



7. Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;



8. Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;



9. Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;



10. Use or attempt to use another's account, service or system without authorization from Mailshell.com, or create or use a false identity on this Service; or



11. Engage in any other conduct which, in Mailshell's sole discretion, is considered unauthorized or objectionable.
6. Proprietary Rights

You acknowledge and agree that any material, including but not limited to text, compilations, graphics, software, music, sound, photographs, video, or other material contained or distributed on or through the Service, by Mailshell, its advertisers or other third parties ("Content"), is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not use or distribute any Content received through the Service without the authorization of the content owner, except for your personal, non-exclusive use. You agree not to modify, copy, reproduce, republish, upload, post, transmit, sell or distribute Content available through the Service, including code and software, in violation of applicable copyright and other intellectual property laws.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MAILSHELL SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.

You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. export restrictions.

7. Trademarks

Mailshell and the Mailshell logo are trademarks of Mailshell, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Mailshell. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Mailshell, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Mailshell. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

8. Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Mailshell, or postings on this Service, are non-confidential and shall become the sole property of Mailshell. Mailshell shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Mailshell, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

9. Linking

You may not use, frame or utilize framing techniques to enclose any Mailshell trademark, logo or other proprietary information, including the images found at this Service, the content of any text, or the layout/design of any page or form contained on a page, without Mailshell's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing any Mailshell name, trademark, or product name without Mailshell's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Mailshell or any third party.

Mailshell makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites accessible by hyperlink from this Service, or Web sites linking to this Service. The linked sites are not under the control of Mailshell, and Mailshell is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Mailshell is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by or between Mailshell and any third party.

10. Third Party Content & Services

Mailshell may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. Mailshell does not monitor, and has no control over, any Third Party Content or third party Web sites. Mailshell does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Mailshell does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content.

When leaving the Mailshell site, you should be aware that Mailshell's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Your use of these links and Third Party Content contained therein is at your sole risk.

11. Copyright Policy & Copyright Agent

Mailshell may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Mailshell may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.

If you believe that Mailshell or any user of our site has infringed your copyright in any material way, please notify Mailshell's Copyright Agent, and provide the following information:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.



2. An identification of the copyrighted work claimed to have been infringed.



3. An identification of the material that you claim is infringing so that we may locate it on the Service.



4. Your address, telephone number, and email address.



5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.



6. A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.

Mailshell's Copyright Agent can be reached at copyright@mailshell.com, or by mail at:



Mailshell.com Inc.
695 Fifth St. #3
San Francisco, CA 94107
12. No Resale

You agree not to resell or make any commercial use of the Service without Mailshell's express written consent.

13. Indemnification

You agree to indemnify and hold harmless Mailshell, its parents subsidiaries, affiliates, officers, employees and agents, from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Service, your violation of these Terms, or your violation of any rights of a third party. These obligations will survive any termination of the Terms or of your relationship with Mailshell.

14. Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THIS SERVICE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MAILSHELL AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SERVICE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT MAILSHELL DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SERVICE. EXCEPT AS OTHERWISE AGREED IN WRITING, MAILSHELL AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT, SERVICES OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SERVICE.

MAILSHELL DOES NOT MAKE ANY WARRANTY THAT THIS SERVICE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. MAILSHELL ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF MAILSHELL, ITS AFFILIATES, ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS.

MAILSHELL DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEB SITE WILL BE MAINTAINED.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The terms of this section survive any termination of the Terms.

15. Limitation Of Liability

UNDER NO CIRCUMSTANCES INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL MAILSHELL OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING MAILSHELL.COM OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE PURCHASE OF ANY SERVICES FROM MAILSHELL OR THE USE OR INABILITY TO USE MAILSHELL OR ANY CONTENT PROVIDED BY OR THROUGH THIS SERVICE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF MAILSHELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MAILSHELL'S LIABILITY TO YOU FOR ANY CAUSE OF ACTION WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MAILSHELL FOR ANY SERVICES SUPPLIED BY MAILSHELL THROUGH YOUR USE OF THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

The terms of this section survive any termination of the Terms.

16. Termination

Notwithstanding any of these terms and conditions of use, Mailshell reserves the right, without notice and in its sole discretion, to terminate your use of this Service, to change or eliminate any of the services we provide, and to block or prevent future access to and use of this Service. If your account is terminated for violation of these Terms, you will not be entitled to any refunds. Should you object to these Terms or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue your use of the Service and terminate your account.

17. Severability

If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

The terms of this section survive any termination of the Terms.

18. Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the United States and the State of California, without resort to conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of the state of California; provided, however that either party may elect to settle any litigation in any way arising out of or relating to these Terms by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. If elected, such arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

The terms of this section survive any termination of the Terms.

19. Modification & Amendments

Mailshell reserves the right to amend at any time any policies governing this Service, including these Terms and Mailshell's Privacy Policy, by posting the amended terms and providing notice of such amendments. The amended terms shall be effective upon posting. If you do not accept the amended terms, you should cease using this Service.

20. General

The Terms constitute the entire agreement between Mailshell and you with respect to your use of the Service. Any failure by Mailshell to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect. These Terms will be binding on, inure to the benefit of and be enforceable against you and Mailshell and their respective successors and assigns.

The terms of this section survive any termination of the Terms.