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name papa .com
WebMail end user license agreement
This name papa .com WebMail End User License Agreement ('Agreement') is by and between name papa .com ('name papa .com'), an Arizona Corporation, and you, your heirs, assigns, agents and contractors ('You') and is effective upon electronic execution. This Agreement sets forth the terms and conditions of Your use of the name papa .com WebMail Software ('WebMail'). Your use of WebMail constitutes Your agreement to all such terms and conditions. By using WebMail, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which name papa .com may establish from time to time. You may view the latest version of this Agreement online.

1. software and service details

The Software

name papa .com grants You a non-exclusive license to use WebMail for the purpose of retrieving, viewing, composing, and sending electronic mail and for other such electronic mail purposes as are ordinary and customary. You are free to use WebMail on any computer, but not on two or more computers at one time.

You may customize or modify the appearance of WebMail as provided and allowed by the instructions. You may not otherwise alter or modify the Software. You are not authorized to combine WebMail with any other software program, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon WebMail.

The Services

By using WebMail, You agree to be bound by name papa .com's Email Services User Agreement. name papa .com explicitly reserves the right to terminate Your license if it comes to name papa .com's attention that You are using WebMail for objectionable activities, including sending unsolicited email or SPAM; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; or activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; activities designed to harm minors in any way.


2. name papa .com's rights

name papa .com retains all rights to this Software. WebMail and any copies that You are authorized to make are the intellectual property of name papa .com. The source code and its organization are the exclusive property of name papa .com and WebMail is protected by copyright, including United States Copyright Law. You agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. Except as expressly stated in Section I above, this Agreement does not grant you and rights in WebMail and all rights are reserved by name papa .com.

name papa .com reserves the right to:

  1. Modify Pricing through email notification.
  2. Terminate Your license for unsolicited, commercial e-mailing; illegal access to other computers or networks (i.e. hacking); distribution of Internet Viruses or like destructive activities; and other activities whether lawful or unlawful that we determine harmful to subscribers, operations, and reputation.
  3. Terminate Your license if the contents of Your email result in or are the subject of, legal action or threatened legal action, against name papa .com or any of its affiliates or partners, regardless of whether or not such legal action or threatened legal action is eventually determined to be with or without merit. The decision to terminate Your license shall be done solely by name papa .com, and in doing so, name papa .com shall not be required to consider the merits of legal action or whether threatened legal action will actually come to pass.

3. liability & indemnification
name papa .com provides WebMail 'as is' and without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose. In no event shall name papa .com be liable for any loss of profits, loss of business, loss of data, unsecured transactions, interruption of business, or for indirect special, incidental, or consequential damages of any kind, even if name papa .com has been advised of the possibility of such damages arising from any defect or error in the Software. You shall indemnify, defend by counsel reasonably acceptable to name papa .com, protect and hold name papa .com harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or relating to Your use of WebMail.

4. severability
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

5. venue; waiver of trial by jury

This agreement shall be deemed entered into the state of Arizona. the laws and judicial decisions of Maricopa county, Arizona, shall be used to determine the validity, construction, interpretation and legal effect of this agreement. You agree that any action relating to or arising out of this agreement, shall be brought in the courts of Maricopa county, Arizona.

You agree to waive the right to trial by jury in any proceeding that takes pace relating to or arising out of this agreement.


6. notices
You agree that all notices (except for notices concerning breach of this Agreement) from name papa .com to You may be posted on our web site. Notices concerning breach will be sent either to the email or postal address You have on file with name papa .com. In either case, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to name papa .com shall be made either by email, facsimile, or mailed to the address we provide on our Web site, or first class mail to our address below.

Revised: 9/02/2005
Copyright © 2002 - 2005 All Rights Reserved.