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Sure Mail's Terms of Service

Sure Mail™ furnishes to the Customer, this quality email hosting service, conditional to this Customer Terms of Service. This agreement represents the complete agreement and understanding between Sure Mail (tm) and the account holder (hereinafter called the Customer) and supersedes any other written or oral agreement. Upon notice published online via the Sure Mail (tm) Website, Sure Mail (tm) may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered. It is of the full responsibility of the Customer to stay current with any changes or conditions set forth in this Terms of Service agreement.


Updated December 21, 2006, 10.13 AM EST.

1. SURE MAIL (tm) HAS A ZERO-TOLERANCE POLICY TO ANY FORM OF SPAM. ANY SURE MAIL (tm) CUSTOMER THAT SENDS SPAM EITHER BY EMAIL OR BY ANY OTHER MEANS WILL HAVE HIS ACCOUNT CLOSED PERMANENTLY AND NO REFUND WILL BE ISSUED. Spamming is defined by Sure Mail (tm) as sending 500 or more emails a day from the same email address. If a Sure Mail (tm) customer wishes to send e-mails to selected prospective customers, he can provided he or she uses compatible permission-based email software. Only use this Sure Mail™ approved link for that purpose and we will accept your email campaigns without any problems. Furthermore, if a prospective customer elects to cancel the sending of any emails in the future, a Sure Mail (tm) client will have to abide by that and stop sending emails to that person immediately. For more information on permission-based email marketing and it's added benefits, please click here.

2. Sure Mail (tm) makes no warranties of any kind, whether expressed or implied, for the service it is providing. Sure Mail (tm) also disclaims any warranty of merchantability or fitness for a particular purpose. Sure Mail (tm) will not be responsible for any damages, directly or indirectly that the customer could suffer in the case of any outage. This includes, but is not limited to, loss of email data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties, power disturbances, Acts of God and acts of war.

3. Services provided to the Customer by Sure Mail (tm) may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any U.S. Federal or state regulation or international law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. Sure Mail (tm) reserves the right to completely shutdown the email service of any individual, organization or company, or to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.

4. Customer agrees to defend, hold harmless and expeditiously indemnify Sure Mail (tm) from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Policy and resulting from the Customer's use of the service.

5. Sure Mail (tm) accounts cannot be transferred or used by anyone other than the subscriber. Customers may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this Policy, except in the case of Sure Mail (tm)'s virtual servers or dedicated servers.

6. Sure Mail (tm) reserves the right to cancel any service for any reason without prior notice. In case of cancellation, unused fees may be returned to the subscriber on a pro-rata basis. Fees for setup and the first month's service are not refundable. If a customer re-registers after Sure Mail (tm)'s cancellation of the account without Sure Mail's written consent, Sure Mail (tm) will cancel Customer's account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts due will be immediately payable.

7. If applicable, setup fees are not refundable under any conditions.

8. At the time of account cancellation, a Cancellation Code will be provided. If accounts are billed in error after the Cancellation date, credits will only be issued with a valid Sure Mail (tm) Cancellation Code. If cancellation is done in writing, it will be the responsibility of the Customer to contact Sure Mail (tm) for the Cancellation Code.

9. Additionally, CUSTOMER agrees not to utilize any of Sure Mail (tm)'s email hosting services, equipment or email addresses once account has been cancelled.

10. Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware") and services which send unsolicited advertisements.

11. Sure Mail (tm) requires that its agreements be made with a person who is qualified to contract. As such, Customer or subscriber must be over the age of eighteen (18) years, or must be of legal age in his or her country of residence. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. Sure Mail (tm) cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age, or of legal age in their country of residence.

12. Customer shall ensure that its use of Sure Mail (tm)'s network services shall not disrupt Sure Mail (tm), its associated networks or equipment forming part of the systems. In instances in which an excessive amount of system resources are utilized by a subscriber, Sure Mail (tm) reserves the right to place CPU process limits on the Customer's account or any other necessary means to prevent disruption of service to other customers. Customers shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any Sure Mail (tm) user or to any directly or indirectly attached network. Use of Sure Mail (tm)'s connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by Sure Mail (tm) shall be considered a breach of this Policy and may result in the complete cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of Sure Mail (tm)'s services, Sure Mail (tm)'s equipment or any email address hosted on any Sure Mail (tm)'s family of networks located all over the world.

13. Customer warrants that any material submitted on the Sure Mail (tm) email system does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. Sure Mail (tm) fully reserves the right to remove any and all materials which infringe on any copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.

14. If Sure Mail (tm) becomes aware of material that could be infringing on a third party's copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer's materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible. With this information in-hand, Sure Mail (tm), at its discretion, may, at any time deny access to the challenged material of Customer.

15. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.

16. For all new domain names registered by Sure Mail (tm) and for the benefit of the Customer, there will always be a one-year non-refundable period for said domain. If a Customer wishes to cancel his email service with Sure Mail (tm) at any time during the service year, the Customer's domain name cannot be reimbursed and will be deducted from any amounts owed to the Customer. Currently, all new domain name registrations and/or annual renewals carry a $25 a year charge.

17. All sales are final. If a customer wishes to cancel his Sure Mail (tm) service for any reason, he will be able to cancel it but any money paid in advance cannot be refunded.

18. Transferring your domain to another email provider does NOT constitute canceling your Sure Mail (tm) account. You must notify Sure Mail (tm) with a 30-day written and signed notice to formally cancel your account with Sure Mail (tm) to avoid further charges. The Customer must then ask for a confirmation email from Sure Mail (tm) in order to validate that the domain transfer has been acknowledged.

19. On occasion, Sure Mail (tm) may have a need to communicate with its customers through email issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the customer to check email sent to the primary login email address on the account.

20. It is the responsibility of the customer to contact Sure Mail (tm) of any changes to their account, such as phone number, address, credit card information, etc. Customers will be required to provide verification for security purposes authorizing them to make any changes to that account.

21. It is strictly forbidden to post, write or display any messages of hate or to display cartoons, photos or images that may be offending to specific groups, religions, nationalities or beliefs. If Sure Mail (tm) encounters such violations it will immediately and PERMANENTLY disable any accounts and without any warning. There is never any refunds in any of these cases.

22. Customer will completely exonerate Sure Mail (tm) of any possible legal or court fines to any violations perpetrated by any action taken by the customer. If a court levies or charges a fine to Sure Mail (tm) for any customer misconduct or in violation to this Terms of Service, Sure Mail (tm) will automatically countersue the customer for the full amount of the fine, all related court costs, all related attorney costs, all related travel costs, plus the expenses it has encurred in relation to such fines and to defend itself.

The management of Sure Mail (tm).

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