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Anything Email, a Division of the Equala Communications Group, Inc., ("Anything Email") shall provide e-mail products and services ("the Anything Email Service") to you ("User") under the terms and conditions of this Anything Email User Agreement ("the Agreement"). USER UNDERSTANDS AND ACKNOWLEDGES THAT USER IS ENTERING INTO AN AGREEMENT WITH ANYTHING EMAIL AND NOT THE WEB SITE WITH WHOM ANYTHING EMAIL HAS ASSOCIATED TO BRING YOU THIS SERVICE. BY COMPLETING THE REGISTRATION PROCESS AND BY CLICKING ON THE "ACCEPT" BUTTON YOU ARE AGREEING TO BECOME A PARTY TO THIS AGREEMENT WITH ANYTHING EMAIL AND TO THE TERMS AND CONDITIONS HEREIN AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ANY APPLICABLE ASSOCIATE STATEMENT ACCESSIBLE FROM THE LOGIN PAGE OF THIS E-MAIL SITE. ALL ANYTHING EMAIL SERVICES ARE PROVIDED ONLINE. PERSONS UNDER 13 MAY NOT SIGN UP FOR THE ANYTHING EMAIL SERVICE AT THIS TIME. 

Acceptable Use Policy

The following policy governs the use of the Anything Email Service by User. User will comply with the terms and spirit of the Agreement.
(a) User shall not use the Anything Email Service for spamming. Spamming includes, but is not limited to (1) the bulk sending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients, (2) the sending of junk mail, (3) the use of distribution lists that include people who have not given specific permission to be included in such distribution process, (4) posting commercial ads to USENET newsgroups that do not permit it, (5) posting articles containing binary encoded data to a non-binary newsgroups, (6) excessive and repeated posting off-topic messages to newsgroups, (7)excessive and repeated cross-posting, (8) e-mail harassment of another Internet user or users, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive, and (9) the e-mailing of age- inappropriate communications or content to anyone under the age of 18. Anything Email shall make reasonable attempts to respond to complaints made by User regarding the receipt of spam or other harassing e-mail or, in the case of a User under the age of 18, complaints from such User or from such User's parent or guardian regarding the receipt of spam, other harassing e-mail, or e-mail containing any age-inappropriate communications or content. 
(b) User shall not use the Anything Email Service in a manner that violates any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol. User shall not attempt to interfere in any way with Anything Email networks or network security, or attempt to use the Anything Email Service to gain unauthorized access to any other computer system. 
(c) User shall at all times provide Anything Email with accurate information. User shall immediately notify Anything Email of any security breach in or unauthorized use of User's account. User shall not interfere in any way with another User's use of, or Anything Emailís provision of the Anything Email Service. User shall not resell, rent, lease, grant a security interest in, or make commercial use of the Anything Email services without the express written consent of Anything Email. (d) User agrees to use Anything Email e-mail addresses containing the names of colleges, universities, celebrities, entertainment properties, businesses, or teams for personal use only and not for any commercial purpose. 
(e) User agrees not to transfer e-mail address for gain or otherwise. Transfer of such email address will result in termination of contract with end user.

Privacy Policy

Review our privacy policy at  www.anythingemail.com/docs/privacy.html

Title


Title, ownership rights, and intellectual property rights in all content and material that is part of, contained in, or accessed through the Anything Email Service, and provided by either Anything Email or sponsors or any other content provider shall remain the sole property of Anything Email and/or its sponsors or any other content provider. User acknowledges and agrees that certain college; university, team, celebrity or business names contained within Anything Email e-mail addresses may represent protected trademarks and service marks. The copyrights, trademark, service mark and patent laws and treaties protect such content and materials.

Indemnification

User agrees to indemnify and hold Anything Email and its licensors, parents, subsidiaries, affiliates, network partner sites, officers and employees ("Affiliated Parties"), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Anything Email Service, the violation of the Agreement by User, or the infringement by User, or by any other user of the Anything Email Service using User's 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 contained in any User communications. 
Disclaimer of Warranty

ANYTHING EMAIL EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE ANYTHING EMAIL SERVICE. THE ANYTHING EMAIL SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE PERFORMANCE OF, OR ARISING OUT OF THE USE OF THE ANYTHING EMAIL SERVICE IS BORNE BY USER. ANYTHING EMAIL MAKES NO WARRANTY REGARDING ANY GOODS, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE USE OF THE ANYTHING EMAIL SERVICE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO USER AND USER MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ANYTHING EMAIL OR ITS LICENSORS OR RESELLERS BE LIABLE TO USER 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 ANYTHING EMAIL SERVICE, THE PERFORMANCE OF ANYTHING EMAIL SERVICE, OR DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFIT, BUSINESS STOPPAGE, LOSS OF DATA OR BUSINESS INFORMATION, COMPUTER DAMAGE, OR DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR CHANGES MADE TO USER'S TRANSMISSIONS OR DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL ANYTHING EMAIL BE LIABLE FOR ANY DAMAGES IN EXCESS OF WHAT ANYTHING EMAIL RECEIVED FROM USER FOR THE ANYTHING EMAIL SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO USER.

Storage

Anything Email assumes no responsibility for the deletion or failure to store, deliver or timely deliver messages. Without limiting the foregoing sentence, Anything Email may, from time to time and without notice, set limit(s) on the number of messages a member may send, store, or receive through the service, and Anything Email retains the right to delete any emails above such limit(s) without any liability whatsoever, and User hereby releases Anything Email from any such liability. Any notice provided by Anything Email to Users in connection with such limit(s) shall not create any obligation to provide future notification regarding any change(s) to such limit(s).

Infringement

User represents that the user id selected by the User, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and is not being selected for any unlawful purpose. User acknowledges and agrees that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, Anything Email may immediately suspend the use of such Anything Email e-mail address, and User will indemnify and hold Anything Email harmless, in accordance with the Indemnification section above, for any claim or demand against Anything Email that arises out of such selection. User acknowledges and agrees that neither Anything Email nor any of its licensors shall be liable to User in the event Anything Email is ordered or required, as a result of a court order or legal settlement, or contractual requirement with any licensor, to desist from using or permitting the use of a particular domain name as part of a Anything Email e-mail address. If as a result of such action, User loses an e-mail address, the User's sole remedy shall be the receipt of a replacement Anything Email e-mail address. 

Modification

Anything Email reserves the right to modify the Anything Email Service as described in the Agreement and on the site, and to change the terms and conditions of the Agreement at any time, without notice. Continued use of the Anything Email Service after such modifications shall be deemed an acceptance by the User to be bound by the terms of the modified Agreement. 

Termination

Anything Email Service may be terminated for any reason, in whole or in part, effective immediately, by either Anything Email at any time without notice and without any liability whatsoever, and User hereby releases Anything Email from any such liability. Upon termination, User's right to use the Anything Email Service immediately ceases, and Anything Email is not obligated to forward any unread or unsent messages to User or any third party. Anything Email shall not be liable to User or any third party for termination of the Anything Email Service. In the case of a terminated paid Anything Email Service ("Premium Service"), upon written request to Anything Email, User shall receive at Anything Email's option, either i) reimbursement of the pro-rata portion of the amount paid for the period remaining on User's account for the terminated Premium Service; or ii) credit for another Premium Service equivalent to the pro-rata portion of the amount paid for the period remaining on User's account for the terminated Premium Service. There shall be no reimbursement or credit if the Anything Email Service is terminated due to User's violation of the terms of this Agreement. Anything Email reserves the right to terminate User's e-mail address in the event that Anything Email's rights to use certain domain names or e-mail addresses terminate or expire. In addition, Anything Email retains the right, at Anything Email's sole discretion, to terminate any and all parts of the Anything Email Service provided to User, without refunding User for any annual fees paid but not yet accrued, if it determines that User has failed to comply with any of the terms of the Acceptable Use Policy. If Anything Email determines that User has failed to comply with any of the terms of the Acceptable Use Policy above, Anything Email shall, if and when it deems it appropriate, (1) facilitate criminal prosecution against such User by referring User's spamming activity to the appropriate legal authorities, and (2) bring a civil action against such User, who shall be liable to Anything Email for any direct, indirect, special, incidental, or consequential damages incurred by Anything Email as a result of User's spamming or other prohibited activity.

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 this Agreement, and this Agreement shall be carried out as if such void, invalid or unenforceable provision were not part of this Agreement.

Action Limit

User and Anything Email agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

No Waiver

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

Anything Email Successors and Assigns

This Agreement shall be binding upon and inure to the benefit of any Anything Email successor companies or assigns. 

Headings

The headings in this Agreement are for convenience only and shall not affect the meaning or interpretation of this Agreement or any provision thereof.

Entire Agreement

This Agreement 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. 

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to agreements executed and performed wholly within the State of Florida.





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The Equala Communications Group, Inc. All Rights Reserved.
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