Policies & Legal Notices at NetBox

Acceptable Use Agreement

By joining NetBox , you get a number of services, including a permanent address on the Internet, mail forwarding, and various options aimed at making e-mail more secure and useful. Joining us also implies a number of obligations on both you and us at NetBox.

Following is a long and windy document outlining the obligations and rights we each have. This is the basic guideline for reference. It was written up by lawyers, so it is a bit windy and not always clear to the mortal man, but it is important that you read it so we all know the ground rules.

If you have any comments, questions, or suggestions, please feel free to drop a line to P_O_Master@NetBox.com so we can make our service even better.

In exchange for fees, NetBox agrees to provide our customers ("you") with fixed email addresses and services associated with your NetBox e-mailbox ("Services"). These services include remailing, forwarding, and storing of email as you instruct (for a full description of current services, see NBServcs.txt). This Subscription Agreement outlines the responsibilities you assume in using the Services.

The basic service provided by NetBox is a fixed, long term e-mail address on the Internet. Subject to the terms of this Subscription Agreement, through this address, NetBox agrees to forward mail you send and receive through your e- mailbox according to your instructions. Check with services@netbox.com or the NetBox Home Page at http://www.netbox.com for a complete list of currently available services and new services.

3.0 Fee Charges

3.1 You will be charged for the Services in accordance with the Netbox Fee Schedule. You will receive sixty (60) days prior notice of any increase or decrease in such fees. The current Fee Schedule is available from sales@netbox.com or the NetBox Home Page for your review prior to signing up for the Services. Payment may be by credit card, personal check, or wire transfer.

In the case of credit card payments, all charges that you incur for the use of the Services will be debited to the credit card number you provide. If this credit card number expires or if NetBox is otherwise unable to debit valid charges to this credit card, NetBox will notify you of this problem and terminate your access to the Services within thirty (30) days of such notice, unless you provide NetBox with an alternative method of payment acceptable to NetBox, in its sole discretion, within such thirty (30) day period.

3.2 Payment for setting up your account will be due at time of registration. Payments for on-going services will be based on the services selected and billing dates for your account. Value-added services, such as disk space in addition to the base, will be billed monthly based on your billing date. If payment is made by a credit card, your account will automatically be charged. Payment shall be due ten (10) days after the end of the calendar month in which the Services are provided. The charge for Services provided for part of the month will be charged on a pro-ratabasis. NetBox shall have the right to round charges less than one cent ($0.01) to the next highest cent. Upon termination, all charges shall be due immediately.

4.0 Content and Confidentiality

4.1 NetBox has no control the content of the information passing through NetBox accounts. NetBox does not (i) represent or endorse the accuracy or reliability of any opinion, advice or statement made through a NetBox account, (ii) assume any liability for any harassing, offensive or obscene material distributed through a NetBox account, or (iii) assume any liability for any material distributed through a NetBox account which is distributed in violation of any third party's copyright or other intellectual property rights.

4.2 NetBox will not intentionally monitor or disclose any private e-mail messages unless required by law, regulation, or court order to do so. NetBox will use reasonable efforts to maintain the confidentiality of your NetBox, but you acknowledge that third parties may attempt to breach the confidentiality of your NetBox mailbox which NetBox can not reasonably or economically protect against.

5.1 The Services may only be used for lawful purposes. You are expressly prohibited from using the Services to transmit any unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane, hateful, or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law. You may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of such right holder.

5.2 The use of the Services to transmit certain kinds of information (including without limitation, computer software and other technical data received abroad or by foreign nationals within the United States) may violate export control laws and regulations of the United States, no matter where that information originates. The entire burden of complying with such laws and regulations rests with you.

5.3 You agree to provide NetBox with accurate and complete registration information, including your address and credit card information (if applicable) and to notify NetBox of any changes to this information within thirty (30) days of any change.

5.4 You agree not to assign, or otherwise transfer, your account or the rights under it, delegate your obligations, or resell the Services. Any attempt to do so is void.

5.5 You are responsible for the results obtained from the use of the Services.

5.6 You agree to keep confidential your password and not to share the account with others, and you acknowledge that you are responsible for all use and charges resulting from access to the Services with your password.

5.7 You agree to respect the privacy and confidentiality of NetBox users by not using any program or process intended to discover passwords, take others' mail, or deencrypt others' information.

5.8 You agree to comply with all applicable laws, regulations, or conventions including those related to data privacy, international communications, and exportation of technical or personal data.

5.9 You agree to pay charges for all usage of the Services you or others incur for use of your NetBox account. If NetBox does not receive the full amount of your account balance within thirty (30) days of invoice date, NetBox may suspend all of the Services.

5.10 You agree to provide NetBox with the identification reasonably requested by NetBox when requesting password reset, forwarding options or in connection with other security related matters.

5.11 You acknowledge and agree that this industry is new and NetBox may need to amend the terms of this Subscription Agreement as the industry evolves. Accordingly, you agree that, upon thirty (30) days posting in your NetBox e-mailbox, NetBox may modify or amend the terms of this Subscription Agreement. Such changes shall become effective immediately upon expiration of such notice period. If you do not wish to be bound by such new terms, you may terminate this Agreement.

NetBox users are expected to follow common Internet acceptable use practices as determined by NetBox in its sole discretion. This means you must refrain from using the Services for activities such as, but not limited to, the transmission of unsolicited advertising, junk mail, and chain letters. If such use is brought to NetBox's attention, NetBox reserves the right to suspend or terminate the Services following two (2) days prior notice to you.

The use of the Services assumes that you have read and agree to the terms in this Subscription Agreement. Unless otherwise provided in this Subscription Agreement, NetBox reserves the right to suspend or terminate the Services, upon thirty (30) days prior written notice to you, if NetBox, in its sole discretion, believes you are using the Services to engage in conduct which interferes with other NetBox subscribers' use of the Services, is harmful to other NetBox subscribers, NetBox, or third parties, or is otherwise in violation of this Subscription Agreement.

8.1 YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER NETBOX, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT WILL BE OBTAINED BY USING THE SERVICES.

8.2 THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS. NETBOX MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, AND NETBOX EXPRESSLY EXCLUDES ANY WARRANTY OF NON- INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.

You agree to defend, indemnify and hold harmless NetBox, its officers, directors, employees and agents (the "Indemnified Parties") from any claims and expenses, including reasonable attorney's fees, related to any breach of this Subscription Agreement by use of your account or in connection with the placement or transmission of any message, information, software or other content using the Services. The Indemnified Parties agree to give you written notice of any such claim, action or demand within a reasonable time. You agree that the Indemnified Parties shall be defended by attorneys of their choice at your expense, and that you will advance the costs of such litigation, in a reasonable fashion, from time to time. The failure to abide by this provision shall be considered a material breach of this Subscription Agreement and shall permit NetBox to terminate the Services.

10.1 IN NO EVENT WILL NETBOX'S LIABILITY TO YOU, REGARDLESS OF THE FORM OF CLAIM OR ACTION, EXCEED A SUM EQUAL TO THE AGGREGATE AMOUNTS PAID TO NETBOX DURING THE LAST TWELVE (12) MONTH PERIOD PURSUANT TO THIS SUBSCRIPTION AGREEMENT.

10.2 In the event that any portion of this Subscription Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the term shall remain in full force and effect.

10.3 Paragraph headings are provided for reference and convenience only and shall have no effect on the construction or interpretation of this Subscription Agreement.

10.4 The failure of either party to enforce performance by the other party of any provision of this Agreement shall not be construed as a waiver of any other provision or right.

10.5 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts of laws.

10.6 You may cancel the Services at any time. Your only remedy with respect to any dissatisfaction with any term, rule, policy or practice of NetBox in operating the Services, or any change in the applicable fees, is to terminate this Subscription Agreement by delivering notice to NetBox, which shall be effective the date NetBox receive such notice.

10.7 Any notice required or permitted under this Subscription Agreement shall be given in writing and shall be delivered by e-mail or regular mail to NetBox at the address set forth below, and to you at the address provided to us when you register for the Services. You hereby consent to notification by e-mail at your NetBox address.

10.8 Sections 3.0 ("Fee Charges"), 5.0 ("Your Responsibilities")), 8.0 (The BIG PRINT"), 9.0 ("Indemnification"), 10.0 ("Miscellaneous"), 11.0 ("Consequential Damages Waiver") and 12.0 ("Arbitration") shall survive termination or expiration of this Subscription Agreement.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL NETBOX OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD,COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO NETBOX'S RECORDS, PROGRAMS OR SERVICES.

Any controversy or claim between the parties arising out of or related to this Agreement shall be settled by arbitration before a single arbitrator under the then current rules of the American Arbitration Association. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in any court having jurisdiction thereof. The arbitration shall be held in San Francisco, California.