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Terms of Service

MINUS SPAM TERMS OF SERVICE AGREEMENT

LAST REVISION: May 1, 2004

PLEASE READ THIS MINUS SPAM TERMS OF SERVICE AGREEMENT CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I’M READY TO CAN-THE-SPAM" BUTTON, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Minus Spam Terms of Service Services Agreement (the "Agreement") governs the provision of the Services (as defined below) by Minus Spam LLC ("Minus Spam") to you. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Minus Spam reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this site (minusspam.com). Minus Spam will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Web site. Your use of the Services following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Minus Spam encourages you to review this Agreement whenever you visit the Minus Spam Web site to make sure that you understand the terms of the Services provided to you. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Minus Spam for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Services. If you would like to print this Agreement, please click the print button on your browser toolbar.

I. THE SERVICE

(a) Description. The Services include the blocking of emails from persons sending email to you ("Senders") prior to verification by Minus Spam (the "Services"). Minus Spam will send one or more emails to Senders using your email address to verify and, if necessary, to re-verify Senders. Minus Spam will use commercially reasonable efforts to block emails sent to you by unverified Senders during the Term (as defined below); provided, however, that Minus Spam makes no such representation or warranty to you if you elect not to pay the Fee (as defined below) following the conclusion of the Trial Period (as defined below). Minus Spam reserves the right, without liability to you or any other third party, to modify or discontinue, temporarily or permanently, in whole or in part, the Services without notice.

(b) Free Trial Period. Minus Spam will provide the Services to you for a fifteen (15) day period free of charge (the "Trial Period"). The Trial Period will begin on the date you complete the registration process and end on the 15th day after that date.

(c) Fees. Upon the conclusion of the Trial Period, Minus Spam will bill your credit card on file without notice for a Semi-annual fee (the "Fee") and if no credit card is on file Minus Spam will notify you that the Trial Period has ended and will ask you whether you would like continue the Services for a Semi-annual fee (the "Fee"). Minus Spam accepts American Express, Visa or MasterCard. If, at any time thereafter, you fail to pay any amount under this Agreement when due or are otherwise in breach or default under this Agreement, Minus Spam may, in its sole discretion, and without prejudice to its other rights, immediately terminate your use of the Services. Late payments hereunder will accrue interest at the rate of one and one half percent per month or the highest rate allowed by applicable law, whichever is lower.

(d) Agreement Term. The term of this Agreement (the "Term") will begin on the date on which you elect to continue the Services for the Fee. Minus Spam's provision of the Services to you will continue for a 3-month or 1-year period, depending on the term you elected upon sign up, from the beginning of the Term unless earlier terminated under Article VII or as set forth below. The Services shall be automatically renewed thirty (30) days prior to the end of the Term (hereafter, the "Renewal Date") for a successive 3-month or 1-year period, depending on the term you elected upon sign up, unless earlier terminated by you or Minus Spam under Article VII or as set forth below. The renewal Fee will be equal to Minus Spam's Fee for Services then in effect for the renewal Term. If the Fee for the renewal Term is different from the Fee you had previously been charged for the Services, you will be notified seven (7) days prior to the Renewal Date and will be given the opportunity to discontinue the Services as of the Renewal Date. If you choose to discontinue the Services following the beginning of the Term, then you will not be charged for the Services on or after the Renewal Date and this Agreement may thereafter be terminated at the option of either Minus Spam or you. In order for your termination to be effective, you must provide notice by contacting Minus Spam Customer Support. Minus Spam is hereby expressly authorized to charge your credit card on the Renewal Date an amount equal to the renewal Fee unless you terminate the Services at the time you are notified of a change in the Fee, if any, or as provided in Article VII below. In the event you change your credit card information (e.g., credit card number or expiration date) or cancel the credit card on file with Minus Spam, you will (1) promptly advise Minus Spam of the same and provide an updated credit card that can be charged by Minus Spam, and (2) pay any amount due Minus Spam for the Services.

(e) Termination of Agreement Following Trial Period. If you decline to continue the Services following the Trial Period, then the Term will not begin and you will not be charged for the Services. However, this Agreement will otherwise remain in effect and you agree to abide by its terms and conditions until such time as either you or Minus Spam terminates this Agreement. If you wish to terminate this Agreement following the Trial Period, you must contact Minus Spam Customer Support as mentioned in paragraph (d).

(e) Taxes. All payments required by this Agreement are exclusive of all national, state, municipal or other governmental excise, sales, value-added, use, taxes and similar taxes now in force or enacted in the future, all of which you will be responsible for and will pay in full (other than taxes on Minus Spam's net income).

II. YOUR REGISTRATION AND ACCOUNT

(a) Registration Obligations. In consideration for access to the Services, and to establish a Services account, you must provide Minus Spam with certain information ("Registration Data") requested on the registration form; inquiries marked "required" must be answered, and any other request for information may be left blank. You agree that the Registration Data you provide: (1) is true, accurate, current and complete, and (2) will be maintained and updated by you to keep it true, accurate, current and complete. Minus Spam reserves the right to terminate your use of the Services and refuse to provide you with any and all current or future use of the Services if Minus Spam, in its sole discretion, determines that any of your Registration Data is untrue, inaccurate, not current or incomplete.

(b) Account Security. You will select a user name and password and will receive an account number upon completing the registration process. You are responsible for maintaining the confidentiality of your user name and password and account number and are fully responsible for all activities, charges and/or liabilities that occur under your user name and password or account number whether or not authorized by you. You will immediately notify Minus Spam of any unauthorized use of your user name and password or account or any other breach of security. Minus Spam cannot, and will not, be liable for any loss or damage arising from your failure to comply with this section.

III. YOUR RESPONSIBILITIES AND ACKNOWLEDGMENTS

(a) Compliance With Laws, Regulations and Requirements. You will not use the Services for illegal purposes but will abide by and comply with (1) all applicable local, state, national, and international laws and regulations in your use of the Services (including laws regarding the transmission of technical data exported from the United States), and (2) all requirements, procedures, policies and regulations of networks connected to the Services.

(b) Non-Interference. You will not interfere with or disrupt (a) the use and enjoyment of the Services by other users; or (b) the Services or servers or networks connected to the Services (including, without limitation, any attempt to gain unauthorized access to other computer systems or networks connected to the Services).

(c) Resale of the Service. You will not resell the Services or the use of or access to the Services.

(d) Terms and Conditions of Use Policy. You will abide by the current Minus Spam "Terms and Conditions Of Use" policy set forth on the Minus Spam Web site at minusspam.com.

(e) Report of Abuse. You will report any violations of the terms of this Agreement by other users of the Services of which you become aware by contacting Minus Spam at abuse@minusspam.com.

(f) All Undesired EMails May Not Be Blocked. You acknowledge that the Services are not guaranteed to block all undesired email from Senders and that you may continue to receive such emails. Further, you understand and acknowledge that despite the exercise of commercially reasonable efforts on the part of Minus Spam, your emails may be delayed or inadvertently lost.

IV. MINUS SPAM PROPRIETARY RIGHTS

All content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in vendor or other sponsor advertisements or information presented to you as part of the Services, may be protected by intellectual property or other proprietary rights and laws. You are permitted to use this material and information only as expressly authorized by Minus Spam or its advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Minus Spam in each instance.

V. YOUR ACCESS TO VENDORS; THIRD PARTY LINKS; ACCOUNT ACCESS

(a) Third Party Links. Minus Spam is not responsible in any way for, and does not guaranty the availability of, any email from or links to third party Web sites and resources which may be accessed through the Minus Spam Web site. In addition, Minus Spam does not endorse and is not responsible or liable for any content, advertising, goods or services, or other materials available on or from such Web sites or resources. Minus Spam will 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, advertising, goods or services, or other materials on or available from such Web sites or resources.

(b) Infringer Policy. If you believe that any material available through the Minus Spam Web site infringes upon any copyright you own or control, or that any link on the Minus Spam Web site directs users to another Web site that contains material that you own or control, you may file a notification of such infringement by email legal@minusspam.com.

VI. YOUR PRIVACY

Minus Spam believes strongly in protecting user privacy and providing you with notice of Minus Spam's use of data, including personal identifying information, collected on the Minus Spam Web site. Please refer to the current Minus Spam Privacy Statement for information regarding how Minus Spam uses and collects information set forth on the Minus Spam Web site at minusspam.com.

VII. TERMINATION

(a) By Minus Spam. Minus Spam may terminate this Agreement or any part of the Services at any time in the event you breach any obligation hereunder, fail to respond within ten (10) calendar days to an inquiry from Minus Spam concerning the accuracy or completeness of the information referred to in Article II of this Agreement, or if Minus Spam determines in its sole discretion that you have violated this Agreement. [Please refer to the current version of the Minus Spam Acceptable Use Policy set forth on the Minus Spam Web site at http://www.minusspam.com.]

(b) By Notice Prior to End of Term. Either party may terminate this Agreement by giving thirty (30) days' notice prior to the conclusion of the Term. In this case, the termination will take effect at the conclusion of the Term. In order for your termination to be effective, you must provide notice by completing the "Termination of Service" form found on the Minus Spam Web site at minusspam.com. Minus Spam will cease charging your credit card, if applicable, upon the effective date of the termination.

(c) Effect of Termination. You will not receive any refund for payments already made by you as of the date of termination. If termination of this Agreement is due to your breach hereunder, you will bear all costs of such termination, including any reasonable costs Minus Spam incurs in closing your account. You will pay any and all costs incurred by Minus Spam in enforcing your compliance with this Article. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. Upon termination for any reason or upon your failure to continue past the Trial Period, regardless of whether a subsequent termination occurs, Minus Spam may delete all or part of the information related to you on the Services.

VIII. INDEMNITY

You will release, indemnify, defend and hold harmless Minus Spam, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement, (2) the Services or your use of such Services, (3) any intellectual property or other proprietary right of any person or entity, (4) your violation of any of the provisions of this Agreement, or (5) any information or data you supplied to Minus Spam, including, without limitation, any misrepresentation in your Registration Data, if applicable. When Minus Spam is threatened with suit or sued by a third party, Minus Spam may seek written assurances from you concerning your promise to indemnify Minus Spam; your failure to provide those assurances may be considered by Minus Spam to be a material breach of this Agreement. Minus Spam will have the right to participate in any defense by you of a third-party claim related to your use of any of the Services, with counsel of Minus Spam's choice at its expense. Minus Spam will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Minus Spam against any claim, but you must receive Minus Spam's prior written consent regarding any related settlement. The terms of this Article will survive any termination or cancellation of this Agreement.

IX. DISCLAIMER OF WARRANTIES

(a) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MINUS SPAM EXPRESSLY DISCLAIMS 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 WITH RESPECT TO THE SERVICES, ANY RESULTS OBTAINED THROUGH THE SERVICES AND ANY GOODS OR SERVICES OBTAINED ON OR THROUGH THE SERVICES.

(b) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MINUS SPAM MAKES NO WARRANTY:

(1) THAT THE SERVICES WILL SUCCESSFULLY BLOCK ALL UNDESIRED EMAIL;

(2) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

(3) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED;

(4) REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SERVICES;

(5) REGARDING ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICES (DOWNLOADING OR ACCESS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA); OR

(6) THAT THE SERVICES WILL NOT CAUSE YOUR EMAILS TO BE DELAYED OR INADVERTENTLY LOST.

(c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MINUS SPAM OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

X. LIMITATION OF LIABILITY

(a) MINUS SPAM'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY SERVICES PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID DURING THE TERM.

(b) MINUS SPAM WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES IN ANY MANNTER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE SERVICES; (2) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; (3) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; OR (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF MINUS SPAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c) MINUS SPAM WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

(d) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

XI. NOTICES AND ANNOUNCEMENTS

You authorize us to notify you of information that Minus Spam deems is of potential interest to you. Notices and announcements may include commercial emails and other notices describing changes, upgrades, new products and services or other information pertaining to Internet security or to enhance your identity on the Internet and/or other relevant matters. All notices must be sent either in writing (including email, but only to the extent expressly provided herein). All written notices to Minus Spam shall be delivered to Minus Spam LLC, Attention: Legal, 3923 28th Street SE, Grand Rapids MI 49512-1805. All notices to you will be delivered to your mailing address or email address as provided in your account information (as updated by you pursuant to this Agreement). Minus Spam may also provide notices of changes to this Agreement or any other matter by displaying notices to you generally on the Minus Spam Web site. All notices delivered in writing hereunder must be sent by either overnight courier or certified mail, return receipt requested.

XII. AGREEMENT TO BE BOUND

By applying for the Services through Minus Spam's online registration process or otherwise, or by using the Services, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.

XIII. GENERAL

(a) Entire Agreement. This Agreement comprises the entire agreement among you and Minus Spam and supersedes any prior agreements pertaining to the subject matter contained herein.

(b) Effect of Waiver. The failure of Minus Spam to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect.

(c) Governing Law and Jurisdiction. This Agreement will be governed by the laws of the State of Michigan without regard to its conflict of law principles to the contrary. Neither party will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default under this Agreement, or otherwise arising under or by reason of this Agreement, other than in the state or federal courts located in Kent County, State of Michigan. Each party hereby irrevocably consents to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. Each party hereby waives any rights to trial by jury claim arising out of this Agreement and any related documents.

(d) Statute of Limitation. 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 Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

(e) Heading. The section headings and titles in this Agreement are for convenience only and have no legal or contractual effect.

(f) Force Majeure. Neither party will be deemed in default hereunder, nor will it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this section (i) will give the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) will take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this paragraph extends for a period in excess of thirty (30) days in the aggregate, Minus Spam may immediately terminate this Agreement.

(g) Survival. In the event this Agreement terminates as provided herein, Articles I, II, III, IV, VII, VIII, IX, X, XII and XIII of this Agreement will survive such expiration or termination.

I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.

Minus Spam Terms of Services Agreement