Residential Email - Terms and Conditions

Acceptance of Agreement. This Agreement constitutes the entire agreement between you and Residential Email™ and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Website and/or Service. Residential Email™ may, from time to time and in its sole discretion, modify this Agreement. In such a case, Residential Email™ will post a copy of the amended Agreement on the Website. If you do not fully agree to any amended Agreement, your only remedy is to stop using the Website and/or cancel your Residential Email™ Email Service account ("Account"). The latest Agreement will be posted on the Website, and you should review the Agreement prior to using the Website and/or Service. By your continued use of the Website and/or Service, you hereby agree to all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for any updates and/or changes. If you utilize the Service in a manner inconsistent with this Agreement, Residential Email™ may terminate your access to the Service, block your future access to the Service and/or seek such additional relief available to us.

Description of Service. Residential Email™ is providing the Subscriber with access to and email account containing such features as 20 megabytes of storage, custom filtering, email forwarding, and Junk Mail Filtering. Unless explicitly stated otherwise, any new feature that augments or enhances the current Service shall be subject to the Terms Of Service. The Subscriber understands and agrees that the Service is provided "AS-IS", and that Residential Email assumes no responsibility for the timeliness, deletion, miss-delivery, non-delivery, or failure to store any user communications or personalization settings. In addition, the Subscriber must provide all the equipment necessary to provide the appropriate connectivity for email services, including a computer and modem, or other access device(s). Unless explicitly stated otherwise, any future Features available to Subscribers that augment or enhance the current Service shall be subject to this Agreement. In order to access and/or use certain Features, you must obtain telephone, Internet and/or e-mail service and pay any service fees associated with such services. In addition, you must supply all equipment necessary to access such services including, without limitation, a personal computer, modem, telephone and/or other access device at your sole cost and expense. You understand and agree that Residential Email™ is not responsible or liable in any manner whatsoever for your inability to access and/or use the Service or any associated functionality. Notwithstanding anything contained herein to the contrary, you understand and agree that Residential Email™ reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You further understand and agree that Residential Email™ shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. You acknowledge that Residential Email™ may establish general practices and limits concerning use of the Service including, without limitation, the: (a) maximum number of days your Account transaction information will be retained by the Service; (b) maximum number of email messages that may be sent from or received by an Account; (c) maximum length and/or size of any messages that may be sent from or received by an Account; (d) maximum disk space that will be allotted on our servers for your Account. You agree to take no actions that impose an unreasonable or disproportionately large load on the resources of Residential Email™ (as determined solely by Residential Email™ in light of the load imposed by other Subscribers). You agree that the unsolicited distribution of commercial email messages ("Junk Messages") through the Service is prohibited and Residential Email™ may, in its sole discretion, with or without notice to you, use technology intended to eliminate delivery of such Junk Messages.

Subscriber ACCOUNT, PASSWORD AND SECURITY: To obtain an Account and become a Subscriber, you must first submit your registration to Residential Email™ for approval. Residential Email™ reserves the right, in its sole discretion, to deny an Account to anyone and for any reason, whatsoever. In addition, Residential Email™ retains the right to discontinue providing the Service to any Subscriber for any reason or no reason. If Residential Email™ denies you an Account, you are ineligible for any Promotion that Residential Email™ may offer. The registration data that you must supply to obtain an Account includes, without limitation, your full name, e-mail address, mailing address, telephone number, password and payment-related information for billing purposes (collectively, "Registration Data"). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary to maintain it in an up to date and accurate fashion.

You must have the authority to incur charges to a local telephone bill to obtain an Account. Residential Email™ will verify and approve all Accounts in accordance with its standard verification procedures. If you are approved for an Account, Residential Email™ will notify you of same via e-mail. This activation e-mail will be sent to the e-mail address that you supplied in your Registration Data, and will contain complete Service operating instructions and customer service contact information. In addition, the activation e-mail will contain your new email address (assigned by Residential Email™), temporary User Id and password (collectively, the "Login"). You will have the option to change your login after the first time you login. You must keep this Login strictly confidential. For security reasons, Residential Email™ will not release a password for any reason, other than to the applicable Subscriber, except as may be specifically required by law or court order. You agree that you will not authorize and/or permit others to use your Account and Residential Email™ shall not be responsible for any unauthorized use of your Account. Please be advised that you are solely responsible for all activities that occur with respect to your Login. Furthermore, unauthorized use of the Service is a breach of this Agreement, a violation of applicable law and subject to your obligations of indemnification as set forth in Section 11, hereinbelow. Although Residential Email™ has no obligations arising therefrom, you agree to immediately notify Residential Email™ of any unauthorized use of your Login and/or Account. You may use your Account only for so long as you remain a customer in good standing. You agree that you continue to be responsible to Residential Email™ for any and all charges resulting from the use of your Account, even after your Account is terminated.

Pricing and Billing of the Service. You agree to be bound by the pricing and billing practices of Residential Email™ in effect at any given time. All charges are payable in United States currency and are exclusive of any value added tax, sales tax or other taxes, except as required by law. All charges billed by Residential Email™ will appear on your local telephone bill. However, Residential Email™ and your local telephone company are not affiliated. In connection with receiving an Account, we will bill you a monthly charge of $14.95. All charges associated with your Account will be billed on your local telephone bill on the ESBI bill page on behalf of "Residential Email™". Residential Email™ reserves the right to change its pricing and/or billing practices whenever necessary, in its sole discretion. If Residential Email™ deems the change to be material, we will make reasonable efforts, such as sending you an e-mail or posting at the Website, to notify you of such change. Failure to use the Service does not constitute a basis for refusing to pay any of the monthly charges. So long as your Account is open, you will be billed, and you will pay, all applicable charges.

Eligibility for the Program.

You represent that you are a legal resident of the United States, of at least eighteen (18) years of age.
You may maintain only one (1) Account under the Program.
The Program is available only through the Website. In order to receive the privileges and benefits of membership in the Program, you must have working Internet access and a valid Program Account. Residential Email™ is not responsible for your inability to connect to the Internet, log onto the Website or access the Program or Program Account.
In order to receive the privileges and benefits of membership in the Program, You must be logged into your Program Account and access and transact with Affiliated Merchants (defined below) through the Website. Any transactions not recorded by an Affiliated Merchant as originating from the Website will not be credited to your Account.
Machines, algorithms, scripts or automated processes may not be used to obtain or accumulate benefits under the Program. Residential Email™ reserves the right to cancel the Account and/or Program membership of any person that it deems, in its sole discretion, to be engaging in any such prohibited conduct, or in any conduct that may be perceived as fraudulent in any way. Residential Email™ reserves the right to pursue any and all remedies at law and in equity associated with such prohibited conduct to the fullest extent available under the law.

Member Obligations Under the Program:

You are responsible for keeping your Registration Data complete, accurate and current. In the event that your Registration Data is not complete, accurate and current at the time of payment of any reward, you forfeit any rewards that you may have accrued to date. Furthermore, Residential Email™ is not responsible for any rewards sent to an incorrect address due to incomplete, inaccurate or outdated information provided by you. Residential Email™ reserves the right to terminate any Account and/or membership in the Program if the Member cannot be reached at the e-mail address provided.
You are responsible for keeping your e-mail address, password, account number and other Account information confidential. Residential Email™ is entitled to act on any and all instructions received under your password as a Member and in connection with your Account. Residential Email™ is not responsible for any credits or debits posted to your Account by any third party that may have accessed your Account, or for any losses or liabilities incurred through third party use of your password and/or Account.
You are responsible for reviewing your Account balance and activity on a regular basis and for checking to ensure that all credits and debits have been made properly. All questions or disputes regarding the Program, including, without limitation, questions or disputes regarding eligibility for the Program, eligibility of rewards for accrual or redemption, or the proper crediting or debiting of rewards in your Account, must be submitted in writing no earlier than thirty (30) days and no later than sixty (60) days after the applicable qualifying transaction to Residential Email™ by using the Support email or by mailing to: Customer Service, Residential Email™, 701 North Green Valley Parkway, Suite # 200, Henderson, NV 89074. We may require that you send us a copy of the electronic purchase receipt along with your inquiry so that we may investigate any discrepancy. All interpretations of the terms of this Agreement shall be at Residential Email´s sole and exclusive discretion. Residential Email™, in its sole discretion, shall have final authority in determining the resolution of any and all disputes. In the event that an error is made by Residential Email™, your sole remedy shall be the credit of the disputed reward to your Program Account.

Determination of Program Rewards:

As a Member, you will be credited, subject to the terms and conditions of this Agreement, with a cash-back reward in an amount equal to a certain percentage of a Qualified Purchase (defined below) made by you at one of the online merchants affiliated with Residential Email™ ("Affiliated Merchant").
The applicable percentage reward with respect to each Affiliated Merchant will be the percentage posted on the Website at the time of the Qualified Purchase. The percentage reward may be changed by Residential Email™ or the Affiliated Merchant from time to time with or without notice.
The reward amount will be calculated based upon the net purchase amount of the Qualified Purchase, which is defined as the total amount paid to the Affiliated Merchant (exclusive of any tax, gift wrapping, shipping, handling, promotional credits, returns, cancellations and transaction fees), or as the Affiliated Merchant defines on its respective website, whichever is less. All Affiliate Agreements as they relate to their applicable affiliate programs with Residential Email™ and which reside on the Affiliated Merchant´s websites are hereby incorporated into this Agreement by reference.
For example, if a specific Affiliated Merchant specifies a percentage reward of 1% and you have made a net purchase of $100.00 worth of goods at that merchant through a Program link, then you would be entitled to earn a reward of $1.00 in your Account.
A purchase made by you through an Affiliated Merchant will be deemed a "Qualified Purchase" and will be eligible to earn a reward only if it satisfies all of the following conditions:
1. Cookies (including, where applicable, third party cookies) must be enabled on your web browser;
2. You must have initiated the purchase by clicking on the Affiliated Merchant´s link that appears on the Website and have successfully connected to the Affiliated Merchant´s website as a result of that click;
3. You must complete the purchase during the same Program session immediately following the initial click-through to the Affiliated Merchant´s website; and
4. The Affiliated Merchant must record the purchase as originating from the Website.
In order to ensure that your purchase is tracked correctly, Residential Email™ may, at any time, route your request for a merchant website through specific links. Any alteration of these links will invalidate your purchase from being deemed a "Qualified Purchase."
The determination of whether or not a purchase made through an Affiliated Merchant is a "Qualified Purchase" is at the sole and exclusive discretion of Residential Email™. Residential Email™ is not responsible for tracking problems resulting from incorrect usage of the Program and/or Website, disabled cookies, computer issues resulting from third party software or unknown causes, merchant errors or omissions or any other failure of tracking mechanisms.
Some purchases are not eligible for accrual or payment of rewards. Examples of ineligible purchases include, but are not limited to: prescriptions; transactions substantially completed by telephone; purchases that are picked up at a warehouse or store location; monthly deliveries that are not paid in advance through the Program; and gift certificates, unless otherwise specified by Residential Email™ or the applicable Affiliated Merchant.
All Accounts are subject to review by Residential Email™. Necessary adjustments, including, without limitation, adjustments for returns, cancellations and any other events, may be applied to your Account at any time with or without notice by Residential Email™ at its sole discretion. If you do not agree with an Account adjustment, your sole recourse will be to terminate your membership in the Program.
Depending on the tax laws of your jurisdiction, you may be taxed on your accrual of rewards under the Program. You will be solely responsible for any and all tax liability incurred in connection with your participation in and your accrual and/or redemption of rewards under the Program.

When do I get my Cash Back Bank Check? Every three (3) months Residential Email™ will send a cash-back bank check made payable to you and mailed to the mailing address provided to Residential Email™ at the time of your Program registration for only those purchases posted during the previous quarter ("Purchase Posted Period") as set forth herein below. Your cash-back bank check will be mailed in accordance with the disbursement date set forth herein below ("Disbursement Date"). In order to receive your cash-back bank check, you are obligated to accumulate a minimum of Twenty Dollars ($20.00) in your Account throughout any applicable Purchase Posted Period. If you have earned less than Twenty Dollars ($20.00) in your Account during any Purchase Posted Period, Residential Email™ will not provide you with your cash-bank check until the following cash-back bank check Disbursement Date for the next applicable Purchase Posted Period. Since we are sending you your cash-back bank check through the mail, please ensure that your address and name information is accurate. If you need to edit your Account information, please click here.

Purchase Posted Period:	Disbursement Date:
January 1st - March 31st	May 15th
April 1st - June 30th	August 15th
July 1st - September 30th	November 15th
October 1st - December 31st	February 15th

All cash-back amounts shown in your Account are approximate figures, are subject to certain adjustments, as provided hereinbelow, and may not accurately reflect the actual amounts due and owing to you. Not all cash-back rewards for each Qualified Purchase will be credited to your Account in real-time, as delays commonly occur while Affiliated Merchants process, confirm and finalize the underlying transactions that give rise to the cash-back reward. Similarly, details regarding Qualified Purchases and the associated cash-back rewards are not available on the My Account page for all Affiliated Merchants on a real-time basis and, as such, there may be reporting delays on some Qualified Purchases and associated cash-back rewards.
An Affiliated Merchant may request that Residential Email™, or Residential Email™ may on its own initiative, debit your Account with an amount equal to a cash-back reward previously credited to your Account where: (i) a return or cancellation has been made with respect to an applicable Qualified Purchase; (ii) there is an instance of a duplicate, fraudulent or incomplete entry or other similar error with respect to a Qualified Purchase; (iii) there are Qualified Purchases that do not comply fully with the terms of this Agreement, including where the applicable non-complying Qualified Purchases is not the result of your action, omission and/or failure to comply with the terms and conditions of this Agreement; (iv) there is non-receipt of payment from, or refund of payment to, the customer that entered into the subject Qualified Purchase; or (v) there is any failure on your part to comply with the terms and conditions of this Agreement and/or the applicable Affiliated Merchant�s specifications (collectively referred to as a "Chargeback"). Chargebacks requested by a Merchant in accordance with this Section 7(m) may be applied up to forty-five (45) days after the applicable cash-back reward was earned ("Chargeback Period"). An Affiliated Merchant may request that the payment of a cash-back reward be postponed for one (1) Purchase Posted Period where the Affiliated Merchant has a product return policy that allows the customer to return the product during the Chargeback Period or beyond. The number and/or amount of Qualified Purchases, cash-back rewards and debits for Chargebacks, as calculated by Residential Email™, shall be final and binding on you.

Disbursement of Program Rewards:

Accrued rewards will be disbursed to Members on a quarterly basis, on or about the first day of February, May, August and November. In order for accrued rewards to be eligible for payment on the above dates, the applicable Qualified Purchase(s) must occur at least forty-five (45) days prior to the payment date. Rewards accrued for Qualified Purchases that occur less than 45 days prior to the payment date will be disbursed on the following scheduled payment date.
Residential Email™ is not responsible for lost mail or any other event beyond its control that would result in your not receiving a reward disbursement check.
In the event that an Affiliated Merchant withholds any portion of the fees payable to Residential Email™ in connection with a Qualified Purchase by you, Residential Email™ reserves the right to withhold an equivalent amount from the reward credited to your account for such purchase.
Rewards accrued, earned or granted under the Program may not be assigned or transferred to any third party except as is expressly permitted in writing by Residential Email™. The assignment, sale, barter, transfer, lending, exchange or pooling of any rewards, other than by Residential Email™, is expressly prohibited. Accrued rewards do not constitute property and are not transferable upon death, in connection with a domestic relations matter, or otherwise by operation of law. Any rewards assigned, sold or otherwise transferred in violation of this Agreement may be confiscated or cancelled. Any violator of the foregoing restrictions is subject to account termination, deduction and/or cancellation of rewards, and/or liability for damages, litigation and/or transaction costs.
Residential Email™ is not responsible for the products or services offered by Affiliated Merchants. Residential Email™ does not warrant, guarantee or make any representations regarding the quality of, or accuracy of advertisements for, any merchandise, products or services offered or provided by Affiliated Merchants or suppliers in conjunction with the Program. Residential Email™is not responsible for changes to or discontinuance of any Affiliated Merchant’s participation in the Program, any Affiliated Merchant withdrawal from the Program, or any effect on accrual of rewards caused by such changes, discontinuance or withdrawal. Residential Email™ is not responsible for changes to or discontinuance of any special offer or coupon at an Affiliated Merchant website. It is your responsibility to verify that all specials or coupons are valid. If you use specials or coupons that are not listed on the Website, you may not be eligible to receive Program rewards on your purchases.

Availability of Online Coupons:

Residential Email™ may also make available special coupon codes or promotional offers to Members. Residential Email™ is not responsible for the redemption or expiration of such coupons and offers, or any errors or omissions in connection therewith. You are responsible for ensuring that any required discount, special pricing, or promotional offer code is present in the checkout process of an Affiliated Merchant. Residential Email™ is not responsible for compensating a Member that fails to enter any such code or is unaware that he/she must enter a coupon code during the checkout process in order to obtain an additional discount before making a purchase.
Coupon codes and special offers obtained outside of the Website may nullify a reward for a particular merchant. Residential Email™ reserves the right to cancel any reward because of coupon codes or special offers that are obtained from third party sources other than the Website.
All coupon codes and special offers on the Website are subject to change or cancellation at any time, with or without notice. Residential Email™ has no control over the validity or legality of any coupons or other offers made by Affiliated Merchants, the ability of Affiliated Merchants to complete the sales in accordance with the coupons or offers, or the quality, merchantability or fitness for a particular purpose of the goods offered by Affiliated Merchants. In the event that you have a dispute with an Affiliated Merchant in any way relating to the Program or the use of information relating to an Affiliated Merchant contained on the Website, you agree to waive and release Residential Email™ from any and all claims, demands, actions, liabilities, damages, losses, costs and expenses, known and unknown, disclosed and undisclosed, relating to such dispute.

Termination/Cancellation. You agree that Residential Email™, in its sole discretion, may terminate your Account (or any part thereof) and remove and/or discard any of your email messages within the Service, for any reason whatsoever, including, without limitation: (a) if Residential Email™ believes that you are in breach of the Agreement; (b) if you provide incomplete, inaccurate or untrue Registration Data to Residential Email™; or (c) if Residential Email™ decides to discontinue offering the Service. You may cancel your Account at any time. Upon cancellation, you shall have no further right to use the Service and Residential Email™ will have no obligation to forward any unsent, unread and/or stored email messages to you or any third party. You understand and agree that cancellation of your Account is your sole right and remedy with respect to any dispute with Residential Email™. Upon any termination and/or cancellation of the Service and/or your Account, your license grant as set forth herein shall immediately terminate.

Rescission Period. If you cancel your Account within 72 hours from the date/time displayed on your activation e-mail ("Rescission Period") by calling our toll free customer service number at (800) 430-6314 or canceling at the Website by going to http://www.residentialemail.com/cancel.cfm, we will not charge the monthly fee to your telephone bill and your Account will be canceled (Rescission Period for Sprint customers is 7 days). If you do not cancel within the Rescission Period, you will be billed the monthly fee of $14.95, until such time that you cancel, or we terminate, your Account. After the Rescission Period, you may cancel your Account at any time and not incur any future charges to your telephone bill. However, we will not refund any fees previously paid up to the date of cancellation or termination and you remain liable for any and all unpaid charges billed by Residential Email™ to your local telephone bill. If you cancel your Account within the Rescission Period, you are ineligible for any Promotion.

License Grant. As a visitor to the Website and/or Subscriber of the Service, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website (and its associated content) and/or the Service, respectively, in accordance with this Agreement. Residential Email™ may terminate this license at any time for any reason, whatsoever. You may use the Website and/or Service on one computer for your own personal, non-commercial use. No part of the Website and/or Service may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website and/or Service, Website content or any portion thereof. Residential Email™ reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website and/or Service. You may not take any action that imposes an unreasonable or disproportionately large load on the Residential Email™ infrastructure. As a Website visitor, your license is provided solely for access to the Website in order to obtain information about the Service and to register for an Account. Website visitors are not authorized to access any content and/or data available to Subscribers.

Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Website and/or Service is protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution and/or publication by you of any part of the Website and/or Service is strictly prohibited. You do not acquire ownership rights to any content, document, software, services and/or other materials downloaded, previewed and/or viewed at or through the Website and/or Service. The posting of information and/or material at the Website and/or Service by Residential Email™ does not constitute a waiver of any right in such information and/or materials.

Privacy Policy. Use of the Website and/or Service is subject to our Privacy Policy, which is hereby incorporated into, and made part of, this Agreement. We reserve the right, and you authorize us, to use and assign all information regarding your Website and/or Service use and any and all other personal information provided by you in any manner consistent with our Privacy Policy. To view our Privacy Policy, click here.

Indemnification. You agree to indemnify and hold Residential Email™, its parents, subsidiaries and affiliates, and each of their respective Subscribers, officers, directors, employees, agents, co-branders and/or other partners, harmless from any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website and/or Service; (b) your breach of this Agreement; (c) your violation of any rights of another Subscriber, individual and/or entity; and/or (d) your violation of any laws, rules or regulations prohibiting transmission of unsolicited voice mail.

Disclaimer of Warranties. THE WEBSITE AND/OR SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, RESIDENTIAL EMAIL™ MAKES NO WARRANTY THAT: (A) THE WEBSITE AND/OR SERVICE WILL MEET YOUR REQUIREMENTS: (B) THE WEBSITE AND/OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND/OR SERVICE WILL BE ACCURATE OR RELIABLE; AND (D) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. RESIDENTIAL EMAIL™ ASSUMES NO RESPONSIBILITY FOR THE DELETION OF, OR FAILURE TO STORE, EMAIL MESSAGES AND ANY OTHER PERSONALIZATION SETTINGS IN RELATION TO THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RESIDENTIAL EMAIL™, OR THROUGH OR FROM THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. THE WEBSITE AND/OR SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. RESIDENTIAL EMAIL™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING TELECOMMUNICATIONS SERVICE AND/OR THE EMAIL PRODUCT.

Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT RESIDENTIAL EMAIL™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RESIDENTIAL EMAIL™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW. YOUR SOLE REMEDY UNDER THIS AGREEMENT IS THE CANCELLATION OF YOUR ACCOUNT. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF RESIDENTIAL EMAIL™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR THE SERVICE IN THE SINGLE MONTH PRIOR TO THE DATE THAT THE CAUSE OF ACTION ACCRUED. YOU HEREBY RELEASE RESIDENTIAL EMAIL™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION 14. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THIS WEBSITE AND/OR SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

Third Party Websites. The Website may provide, and/or third parties may provide, links to other Internet websites and/or resources. Because Residential Email™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that Residential Email™ is not responsible for the availability of such third party websites and/or resources. Furthermore, Residential Email™ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising there from.

Injunctive Relief. You agree that any unauthorized use of the Website and/or Service would result in irreparable injury to Residential Email™ for which money damages would be inadequate. In such event, Residential Email™ shall have the right, in addition to other remedies available to it pursuant to this Agreement, to immediate injunctive relief against you and/or any unauthorized user. Nothing contained in this Agreement shall be construed to limit remedies available pursuant to statutory, or other claims that Residential Email™ may have under separate legal, authority.

Legal Warning. Any attempt by any individual, whether or not an Residential Email™ Subscriber, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of this Website and/or Service, is a violation of criminal and civil law and Residential Email™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

Miscellaneous. This Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of this Agreement, or the breach of same by either party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement is personal between you and Residential Email™ and governs your use of the Website and/or Service, superseding any and all prior and/or contemporaneous agreements between you and Residential Email™. This Agreement is not transferable and any attempt by you to rent, lease, sublicense, assign or transfer any of the rights, duties and/or obligations here under is void at its inception. To the extent that anything in or associated with the Website and/or Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of this Agreement.

Customer Service. If you have any questions or want to cancel your Account, please contact our customer service department toll-free at (800) 430-6314.