EMUmail License 


1.	Terms of Service for Use of the EMUMAIL

	1.1.	Definitions. "EMUMAIL" is the online e-mail service operated by EMUMAIL, Inc.
		"You" or "User" means each person who uses the EMUMAIL service.
	1.2.	Agree to Comply. The User is required to read and agree to this Agreement the 
		first time the User accesses EMUMAIL. Other than the first access to EMUMAIL 
		for the purpose of reading this Agreement, by using EMUMAIL, the User agrees 
		to comply with all the terms and conditions set forth in this Agreement. The 
                right to use EMUmail is personal to the User and may not be transferred to 
		any other person or entity. The User is responsible for all of their use and 
		for ensuring that anyone who uses this service along with the User fully 
		complies with the terms and conditions of this Agreement.
	1.3.	Future Changes. EMUMAIL shall have the right to modify or stop providing its 
		service, or any of its features at any time. This right to modify or stop 
		providing service shall be completely unlimited. EMUMAIL shall not be 
		obligated to provide any advance notice of its intention to modify or stop 
		providing its service.
	1.4.	Modification of this Agreement. At any time, EMUMAIL shall have the right to 
		change, modify, add to, or delete from this Agreement, or any part of this 
		Agreement, or to impose new conditions including, but not limited to, adding 
		fees or charges for use. At EMUMAIL's option, any changes, modifications, 
		additions, or deletions to this Agreement may be effective immediately. 
		EMUMAIL may provide notice of such changes, modifications, additions, or 
		deletions by any means in	its sole and absolute discretion. These may 
		include, but are not limited to, posting on the EMUMAIL web site, e-mail or by 
		any other means by which the User gets notice of such changes. If the User 
		uses EMUMAIL after such notice of a change to this Agreement, that use shall 
		be deemed an acceptance by the User of such changes, modifications, additions 
		or deletions. 

2. 	Lawful Purposes.

	2.1.	The User agrees to use EMUMAIL for lawful purposes only.
	2.2.	The User shall not use EMUMAIL to transmit any material which:
		2.2.1.	Violates the rights of others;
		2.2.2.	Infringes the intellectual property rights of others;
		2.2.3.	Is threatening, abusive, vulgar, obscene, or profane;
		2.2.4.	Is libelous, slanderous, or otherwise defamatory; or
		2.2.5.	Violates the right of privacy or publicity of others.
	2.3. 	The User shall not use EMUMAIL to violate any contractual provision with the 
		User's e-mail service provider.
	2.4.	The User shall not use EMUMAIL to violate any contractual provision of the 
		online service provider from which the User is using EMUMAIL to access the 
		User's e-mail.
	2.5.	The User shall not use EMUMAIL in a way which encourages others to commit a 
		criminal offense or gives rise to civil liability or otherwise violates any 
		law.
	2.6.	The User shall not use EMUMAIL to send unsolicited advertising with respect to 
		products, services, or other commercial purposes.

3. 	No Warranties.

	3.1.	THE USER EXPRESSLY AGREES THAT THE USER'S USE OF EMUMAIL IS AT THE USER'S SOLE 
		RISK. THE USER UNDERSTANDS AND EXPRESSLY AGREES THAT EMUMAIL DOES NOT WARRANT 
		THAT EMUMAIL'S SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.
	3.2.	EMUMAIL is provided on an "As Is" basis without warranties of any kind or 
		nature, either expressed or implied. EMUMAIL EXPRESSLY DISCLAIMS ANY WARRANTIES 
		OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FI TNESS FOR A PARTICULAR 
		PURPOSE. This disclaimer does not apply if applicable law makes such a 
		disclaimer improper.

4. 	Limitation of Liability. 

	4.1.	Under absolutely no circumstances of any kind or nature shall EMUMAIL its 
		directors, shareholders, employees, officers, or assigns be responsible for any 
		damages or injuries caused by any failure of performance, error, omission, 
		interruption, deletion, defect, delay in operation or transmission, computer 
		virus, communication line failure, theft or destruction or unauthorized access 
		to, alteration of, or use of information, whether for breach of contract, 
		tortious behavior, negligence, or under any other cause of action.
	4.2.	EMUMAIL shall not be responsible for any damages including, but not limited to, 
		direct, indirect, incidental, special, consequential or punitive damages 
		arising out of the use of, or inability to use, EMUMAIL.

5. 	Indemnification. The User agrees to defend, indemnify, and hold harmless EMUMAIL, its 
	affiliates and their respective directors, officers, employees and agents from and 
	against all claims and expenses including attorney's fees arising out of the use of 
	EMUMAIL by the User.

6.	Miscellaneous.

	6.1.	Entire Agreement. This Agreement contains the sole and entire agreement between 
		the parties with respect to the subject matter of this Agreement and supersedes 
		any and all other prior written or oral agreements between them. 
	6.2.	Binding Effect. This Agreement shall be binding upon and inure to the benefit of 
		the parties and their respective heirs, legal representatives, administrators, 
		successors, and assigns.
	6.3.	No Waiver. Nothing contained in this Agreement shall cause the failure of EMUmail 
		to insist upon strict compliance with any covenant, obligation, condition or 
		agreement contained in this Agreement to operate as a waiver of, or estoppel 
		with respect to, any such covenant, obligation, condition or agreement. Waiver by 
		EMUmail of any breach of any provision of this Agreement shall not be considered 
		as nor constitute a continuing waiver or waiver of any other breach of any
		provision of this Agreement.
	6.4.	Attorney's Fees. In the event of litigation between the parties to enforce the 
		provisions of or with respect to this Agreement, the prevailing party shall be 
		entitled to reimbursement for reasonable attorney's fees and costs at trial and 
		on appeal.
	6.5.	Captions. Captions contained in this Agreement are inserted only as a matter of 
		convenience or for reference and in no way define, limit, extend, or describe the 
		scope of this Agreement or the intent of any provision of this Agreement.
	6.6.	Construction. In the construction of this Agreement, whether or not so expressed, 
		words used in the singular or in the plural, respectively, include both the 
		plural and the singular and the masculine gender includes the feminine and neuter 
		genders.
	6.7.	Governing Law. This Agreement and the interpretation of its terms shall be 
		governed by the laws of the State of Massachusetts, without regard to its 
		conflicts of laws rules.
	6.8.	Jurisdiction and Venue. The parties consent to the exclusive jurisdiction of the 
		Massachusetts state courts and agree that exclusive venue shall lie in Suffolk 
		County, Massachusetts.
	6.9.	Enforceability. If any provision of this Agreement shall be held invalid or 
		unenforceable by any court of competent jurisdiction or as a result of future 
		legislative action, such holding or action shall be strictly construed and shall 
		not affect the validity or effect of any other provision of this Agreement.


To purchase a commercial license go to 
http://emumail.com

or call

EMUmail
(617)868-9277
