ACCEPTANCE OF TERMS

Welcome to SaniMail™! SaniMail™ ("SaniMail") provides its service to you subject to the SaniMail terms and conditions of service ("TOS") as contained in this document or as they may be amended or updated by SaniMail from time to time. You can review the most current version of the TOS at any time by clicking on the appropriate button within SaniMail. To acknowledge that you are eligible for an account and that you agree to be bound by the TOS as presently in effect and as they may from time to time be amended or updated, click the "I accept" button and complete the registration process.

1. DESCRIPTION OF SERVICE

Subject to the limitations, terms and conditions described in the TOS, SaniMail is providing you with the capability to receive filtered electronic mail via the SaniMail system (the "Service").

If you have a child under the age of 18 who accesses the Service, you agree to be responsible for your child's usage. By clicking the "I accept" button, you confirm that you are over the age of 18 and you agree to indemnify, defend and hold SaniMail and Email Science harmless from any liability directly or indirectly related to the use of the Service by your children or any child given access to the Service by you.

2. YOUR CONDUCT

SaniMail respects the privacy of its users. SaniMail will not disclose any personal information about you or your usage of the SaniMail Service, including its contents, without your prior consent, except as follows: (i) if such disclosure is necessary in order to comply with legal requirements, (ii) if such disclosure is necessary to protect the rights or property of SaniMail, (iii) if such disclosure is necessary to enforce the SaniMail Terms of Service, (iv) if such disclosure is necessary to protect the interests of SaniMail users or others.

You (and not SaniMail) are entirely responsible for all information that you email or otherwise transmit using the Service and for all information that is emailed or otherwise transmitted to you using the Service. You are solely responsible for obtaining (or for verifying that it is unnecessary to obtain) the right to use, transmit, copy, retain or record information which you use, transmit, copy, retain or record using the Service, including data, text, software, music, sound, photographs, graphics, video, messages or other materials (sometimes herein collectively referred to as "Information"). SaniMail does not guarantee the accuracy, integrity or quality of any Information and does not control the Information posted via the Service. You understand that by using the Service, you may be exposed to Information that may be offensive, indecent or objectionable. Under no circumstances will SaniMail be liable in any way for any Information, including, but not limited to, any errors or omissions in any Information, or any loss or damage of any kind incurred as a result of the use of any Information emailed or transmitted via the Service.

You agree not to attempt to gain unauthorized access to the Service, other accounts, computer systems or networks through password mining or any other means. You agree not to use the Service to cause harm to any person, to "stalk" or otherwise harass any person, or to collect or store personal data about other users;. You agree not to 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, or intentionally or unintentionally violate any local, state, national or international law.

You acknowledge and agree that SaniMail may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that preservation or disclosure is reasonably necessary to enforce TOS; to comply with legal requirements, to protect the rights, property, or personal safety of SaniMail, its users and the public; and to respond to claims that any Information violates the rights of others.

You understand that the technical processing and transmission of the Service, including your Information, may involve transmissions over various networks, and that your Information may be changed to conform and adapt to technical requirements of connecting networks or devices.

3. PRIVACY POLICY

The SaniMail privacy policy is incorporated into the TOS by reference. The current SaniMail privacy policy follows:

SaniMail respects the privacy of its users. SaniMail will not disclose any personal information about you or your usage of the SaniMail Service, including its contents, without your prior consent, except as follows: (i) if such disclosure is necessary in order to comply with legal requirements, (ii) if such disclosure is necessary to protect the rights or property of SaniMail, (iii) if such disclosure is necessary to enforce the SaniMail Terms of Service, (iv) if such disclosure is necessary to protect the interests of SaniMail users or others.

4. MESSSAGE STORAGE, DELIVERY AND OTHER LIMITATIONS

Certain parts of your email messages may not be processed due to space constraints or inbound or outbound message limitations. You understand that the Service is provided "as is" and without any warranties that the purpose or use you intend will be allowed by applicable technological limitations, legal requirements or SaniMail procedures or policies. The amount of email storage space per user is limited. You agree that SaniMail is not responsible or liable for deletion or failure to store messages or other Information.

5. YOUR ACCOUNT, PASSWORD AND SECURITY

Once you complete the Service sign-up process you will be asked to choose a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or using your account. If there is any unauthorized use of your password or account or any other breach of security, you agree to immediately notify SaniMail. You agree to exit out of your account and log off of the SaniMail Service at the end of each session. SaniMail cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

6. COMPLIANCE WITH LAWS

Recognizing the global nature of the Internet, you agree to comply with all local, state, national and international rules regarding online conduct and acceptable Information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical and other data to and from any applicable jurisdiction, including the United States, the country in which you reside, the country from which Information originated, and the country to which Information is sent, directed or received.

7. RESALE OF SERVICE PROHIBITED

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

8. USE AND STORAGE

You acknowledge that SaniMail may establish general practices, rules, regulations and limitations concerning use of the Service, including without limitation the maximum number of days that email messages, or other Information 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, the maximum disk space that will be allotted on SaniMail servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. SaniMail has no responsibility or liability for the deletion or failure to store any messages and other communications or other Information maintained or transmitted by the Service. SaniMail reserves the right to log off or terminate accounts, including accounts that are inactive for a defined period of time.

9. MODIFICATIONS TO SERVICE

SaniMail reserves the right from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. SaniMail also reserves the right to change the TOS or any rules, regulations, general practices, limits and procedures at any time, in its sole discretion, with or without notice. You are responsible for regularly reviewing the TOS. Continued use of the Service after any changes shall constitute your consent to such changes. You agree that SaniMail shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Service.

10. TERMINATION

You agree that SaniMail, in its sole discretion, may terminate your password, your account (or any part thereof) or your use of the Service, and remove and discard any messages, files or other Information within the Service, for any reason, including, without limitation, for lack of use or if SaniMail believes that you have violated or acted inconsistently with the letter or spirit of the TOS or any other rule or regulation from time to time established by SaniMail. SaniMail may immediately deactivate or delete your account and all related Information and files in your account and/or bar any further access to such files or the Service. Further, you agree that SaniMail shall not be liable to you or any third party for any termination of your access to the Service. SaniMail reserves the right to terminate your e-mail address in the event that the SaniMail rights to use the related domain names or email addresses terminate or expire, in which case you may receive a replacement SaniMail email address.

11. SaniMail 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 information contained in advertisements or exhibited on the Service is or may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

SaniMail grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through an interface that is provided by SaniMail for use in accessing the Service.

12. SERVICES RELATING TO FINANCIAL MATTERS

If you receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, you acknowledge that the Service and all of such Information are provided for informational purposes only, and no Information included in or obtained through the Service is intended for trading or investing purposes. SaniMail shall not be responsible or liable for the accuracy, usefulness or availability of any Information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such Information.

13. TITLE

You agree that SaniMail (or the sponsors or other content providers) shall have and retain all title, ownership rights, and intellectual property rights in all content and material that is part of, contained in, or accessed through the Service, and provided by SaniMail, its sponsors or any other content providers. You acknowledge and agree that certain college, university, celebrity, public figure, entertainment property, business, company, product, service, organization or team contained within SaniMail addresses may represent protected copyrights, trademarks, service marks or other intellectual property rights. All rights are reserved to and for the benefit of the owner of such copyright, trademark, service mark or other intellectual property right.

14. INDEMNIFICATION

You agree to indemnify, defend and hold SaniMail and its licensors, licensees, parents, subsidiaries, affiliates, network partners, officers and employees ("Affiliated Parties"), harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service, the violation of the Agreement by you, or infringement by you or another user of the Service using your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material transmitted or received by you or using your Computer.

15. NOTICE

Any notice required under the TOS shall be given as follows: Notice from you to SaniMail shall be in writing and shall be made either via email or certified mail; Notice from SaniMail to you shall be in writing and shall be made either via email, certified mail or may be posted on the user login section of the SaniMail web site.

16. DISCLAIMERS AND LIMITATIONS OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SaniMail EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
   
2. SaniMail MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
   
   
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE TO BE SOLEY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL.
   
   
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SaniMail OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
   
   
5. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SaniMail OR ITS LICENSEES, LICENSORS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SaniMail SERVICE, THE PERFORMANCE OF THE SaniMail SERVICE, OR DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFIT, BUSINESS STOPPAGE, LOSS OF DATA OR BUSINESS INFORMATION, COMPUTER DAMAGE, OR OTHER DAMAGES. SaniMail AND ITS LICENSEES, LICENSORS AND RESELLERS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR UNAUTHORIZED ACCESS TO OR CHANGES MADE TO YOUR TRANSMISSIONS OR DATA, OR ANY AND ALL OTHER COMMERICAL DAMAGES OR LOSSES. IN NO EVENT WILL SaniMail BE LIABLE FOR ANY DAMAGES IN EXCESS OF WHAT SaniMail RECEIVED FROM YOU FOR THE SaniMail SERVICE. TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU, BUT INSTEAD A SUBSTITUTE LIMITATION OF LIABILITY SHALL BE SUBSTITUTED THAT IS AS SIMILAR TO THE FOREGOING AS POSSIBLE, BUT THAT IS LEGALLY PERMISSIBLE UNDER APPLICABLE LAW.

17. INFRINGEMENT

You represent that the User I.D. selected by you, when used alone or combined with any other term, concept, reference or term, including a second or third level domain name, does not and will not interfere with the rights of any third party and is not being selected for any unlawful purpose. You acknowledge and agree that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, SaniMail may immediately suspend the use of your SaniMail email address, and you will indemnify, defend and hold SaniMail harmless, in accordance with the indemnification provisions of the TOS, from any claim or demand against SaniMail that arises out of such selection. You acknowledge and agree that neither SaniMail nor any of its licensors or licensees shall be liable to you in the event SaniMail is ordered or required, as a result of a court order or legal settlement, or contractual requirement with any person, to desist from using or permitting the use of a particular domain name as part of a SaniMail email address. You hereby expressly waive any claim against SaniMail as a result of such action.

18. SEVERABILITY

If any provision hereof shall at any time be held to be void, invalid or unenforceable, such provision shall be construed as severable and shall not in any way affect or render void, invalid or unenforceable any other provision of the TOS, and the TOS shall be carried out as if such void, invalid or unenforceable provision were not part of the TOS.

19. ACTION LIMIT

You and SaniMail agree that any cause of action arising out of or related to the Service or arising under or pursuant to the TOS must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

20. NO WAIVER

No failure on the part of SaniMail to exercise, and no delay by SaniMail in exercising, any right, power or provision hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by SaniMail of any right, power or provision hereunder preclude the exercise by SaniMail of that or any other right, power or provision.

21. SaniMail SUCCESSORS AND ASSIGNS

The TOS shall be binding upon and inure to the benefit of SaniMail, its licensees and licensors (including advertisers) and any SaniMail successor or assign.

22.HEADINGS

The headings contained herein are for convenience of reference only and shall not affect the meaning or interpretation of the TOS or any provision thereof.

28. ENTIRE AGREEMENT

This TOS contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written, relating to the subject matter hereof.

23. GOVERNING LAW

The TOS shall be governed by and construed in accordance with the laws of the State of Texas applicable to agreements executed and performed wholly within the State of Texas. Any cause of action brought hereunder shall be brought in the courts of competent jurisdiction in Taylor County, Texas.