SPAM ARREST TERMS OF
SERVICE AGREEMENT
LAST REVISION: November 25, 2008
PLEASE
READ THIS SPAM ARREST TERMS OF SERVICE AGREEMENT CAREFULLY. BY COMPLETING THE
REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU AGREE TO BE BOUND
BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Spam Arrest
Terms of Service Services Agreement (the "Agreement") governs the provision of
the Services (as defined below) by Spam Arrest LLC ("Spam Arrest") to you. This
Agreement includes, and incorporates by this reference, the policies and
guidelines referenced below. Spam Arrest reserves the right to change or revise
the terms and conditions of this Agreement at any time by posting any changes or
a revised Agreement on this site (spamarrest.com). Spam Arrest will alert you
that changes or revisions have been made by indicating on the top of this
Agreement the date it was last revised. The changed or revised Agreement will be
effective immediately after it is posted on this Web site. Your use of the
Services following the posting of any such changes or of a revised Agreement
will constitute your acceptance of any such changes or revisions. Spam Arrest
encourages you to review this Agreement whenever you visit the Spam Arrest Web
site to make sure that you understand the terms of the Services provided to you.
This Agreement does not alter in any way the terms or conditions of any other
written agreement you may have with Spam Arrest for other products or services.
If you do not agree to this Agreement (including any referenced policies or
guidelines), please immediately terminate your use of the Services. If you would
like to print this Agreement, please click the print button on your browser
toolbar.
I.
THE
SERVICE
(a) Description. The Services include the blocking of emails from persons
sending email to you ("Senders") prior to verification by Spam Arrest and all
related services connected therewith (the "Services"). Spam Arrest will send one
or more emails to Senders using your email address to verify and, if necessary,
to re-verify Senders. Spam Arrest will send one or more emails to Senders using
your email address to verify and, if necessary, to re-verify Senders. Spam
Arrest will use commercially reasonable efforts to block emails sent to you by
unverified Senders during the Term (as defined below); provided, however, that
Spam Arrest shall not provision Services to you if you elect not to pay the Fee
(as defined below) following the conclusion of the Trial Period (as defined
below). Spam Arrest reserves the right, without liability to you or any other
third party, to modify or discontinue, temporarily or permanently, in whole or
in part, the Services without notice. In order to facilitate Spam Arrest's
provisioning of the Services to you, YOU HEREBY GRANT SPAM ARREST A
NON-EXCLUSIVE, ROYALTY-FREE LICENSE TO ACCESS THE EMAIL SERVER YOU DESIGNATE IN
YOUR REGISTRATION DATA (DEFINED BELOW) AND COPY ANY EMAILS WITHIN SUCH SERVER
AND TRANSFER THEM TO SPAM ARREST SERVERS.
(b) Free Trial Period. Spam Arrest will provide the Services to you for a
thirty (30) day period free of charge (the "Trial Period"). The Trial Period
will begin on the date you complete the registration process and end on the 30th
day after that date.
(c) Fees. Upon the conclusion of the Trial Period, Spam Arrest will bill
your credit card on file without notice for a Monthly fee (the "Fee") and if
no credit card is on file Spam Arrest will notify you that the Trial Period has
ended and payment is due. Spam Arrest accepts American Express, Visa, Discover Card or
MasterCard. If, at any time thereafter, you fail to pay any amount under this
Agreement when due or are otherwise in breach or default under this Agreement,
Spam Arrest may, in its sole discretion, and without prejudice to its other
rights, immediately terminate your use of the Services. In addition to the
foregoing, if you fail to pay any amount under this Agreement when due, you will
be charged a $7.50 late fee. Late payments hereunder will accrue interest at the
rate of one and one half percent per month or the highest rate allowed by
applicable law, whichever is lower.
(d) Agreement Term. The term of this Agreement (the "Term") will begin on
the date you click on the "I Accept/ I Agree" button during the registration
process. Notwithstanding the foregoing, Subsection (c) of this Agreement will
only apply beginning on the date on which you elect to receive the Services for
the Fee, or if applicable, the date the Trial Period expires. Spam Arrest's
provision of the paid Services to you will continue for a six-month period
following the date you are charged for the Services unless earlier terminated
under Article VII or as set forth below. The Services shall be automatically
renewed thirty (30) days prior to the end of the Term (hereafter, the "Renewal
Date") for a successive term of the previous term length unless earlier terminated by you or
Spam Arrest under Article VII or as set forth below. The renewal Fee will be
equal to Spam Arrest's Fee for Services then in effect for the renewal Term. If
the Fee for the renewal Term is different from the Fee you had previously been
charged for the Services, you will be notified seven (7) days prior to the
Renewal Date and will be given the opportunity to discontinue the Services as of
the Renewal Date. If you choose to discontinue the Services following the
beginning of the Term, then you will not be charged for the Services on or after
the Renewal Date and this Agreement may thereafter be terminated at the option
of either Spam Arrest or you. In order for your termination to be effective, you
must provide notice by submitting the Cancellation Request Form as this is the only method permitted to cancel the service for security purposes. Spam Arrest is
hereby expressly authorized to charge your credit card on the Renewal Date an
amount equal to the renewal Fee unless you terminate the Services at the time
you are notified of a change in the Fee, if any, or as provided in Article VII
below. In the event you change your credit card information (e.g., credit card
number or expiration date) or cancel the credit card on file with Spam Arrest,
you will (1) promptly advise Spam Arrest of the same and provide an updated
credit card that can be charged by Spam Arrest, and (2) pay any amount due Spam
Arrest for the Services.
(e) Termination of Agreement Following Trial Period. If you decline to
continue the Services during the Trial Period, you will not be charged for
the Services. However, you will be charged for Fees to use the Service until
such time as either you or Spam Arrest terminates this Agreement. If you wish to
terminate this Agreement during the Trial Period, you must submit the Cancellation Request Form as this is the only method permitted to cancel the service for security purposes, as mentioned in paragraph (d).
(f) Taxes. All payments required by this Agreement are exclusive of all
national, state, municipal or other governmental excise, sales, value-added,
use, taxes and similar taxes now in force or enacted in the future, all of which
you will be responsible for and will pay in full (other than taxes on Spam
Arrest's net income).
(g) Unverified Message Fee. The first 100,000 unverified email messages stored per month are included with the service, after this a fee of $0.25 per 1000 messages will be charged on the 1st day of the month for the previous months usage. Unverified Messages
are messages stored in your Unverified Message Folder during a given month.
(h) Mail Storage Fee Every subscription includes 1GB (1000MB) of Mail Storage Quota. Should you exceed the mail storage allotment, there is a fee of $1.50 per additional GB per month, with a minimum charge of $1.50. You will be notified by email when your account reaches 95% of its storage limit -- this will allow interested parties to take the necessary steps to prevent exceeding the established Mail Storage Quota. The notification email process is simply a courtesy, and does not relieve clients of the responsibility for monitoring their own storage use.
II.
YOUR
REGISTRATION AND ACCOUNT
(a) Registration Obligations. In consideration for access to the
Services, and to establish a Services account, you must provide Spam Arrest with
certain information ("Registration Data") requested on the registration form;
inquiries marked "required" must be answered, and any other request for
information may be left blank. You agree that the Registration Data you provide:
(1) is true, accurate, current and complete, and (2) will be maintained and
updated by you to keep it true, accurate, current and complete. Spam Arrest
reserves the right to terminate your use of the Services and refuse to provide
you with any and all current or future use of the Services if Spam Arrest, in
its sole discretion, determines that any of your Registration Data is untrue,
inaccurate, not current or incomplete.
(b) Registry Information Download. As part of the registration process
and once you have completed the information specified in (a) above, Spam
Arrest's software automatically collects certain information from your computer
(including your Internet address, browser type, operating software, computer
language and email type and other computer registry information). You will allow
the Spam Arrest software to obtain this information and not to manipulate or
falsify such information.
(c) Account Security. You will select a user name and password and will
receive an account number upon completing the registration process. You are
responsible for maintaining the confidentiality of your user name and password
and account number and are fully responsible for all activities, charges and/or
liabilities that occur under your user name and password or account number
whether or not authorized by you. You will immediately notify Spam Arrest of any
unauthorized use of your user name and password or account or any other breach
of security. Spam Arrest cannot, and will not, be liable for any loss or damage
arising from your failure to comply with this section.
III.
YOUR
RESPONSIBILITIES AND ACKNOWLEDGMENTS
(a) Compliance With Laws, Regulations and Requirements. You will not use
the Services for illegal purposes but will abide by and comply with (1) all
applicable local, state, national, and international laws and regulations in
your use of the Services (including laws regarding the transmission of technical
data exported from the United States), and (2) all requirements, procedures,
policies and regulations of networks connected to the Services.
(b) Non-Interference. You will not interfere with or disrupt (a) the use
and enjoyment of the Services by other users; or (b) the Services or servers or
networks connected to the Services (including, without limitation, any attempt
to gain unauthorized access to other computer systems or networks connected to
the Services).
(c) Resale of the Service. You will not resell the Services or the use of
or access to the Services. This restriction does not apply to either the API or Enterprise products.
(d) Terms and Conditions of Use Policy. You will abide by the current
Spam Arrest "Terms and Conditions Of Use" policy set forth on the Spam Arrest
Web site at spamarrest.com.
(e) Report of Abuse. You will report any violations of the terms of this
Agreement by other users of the Services of which you become aware by contacting
Spam Arrest at
abuse@spamarrest.com.
(f) Contacting
Senders. You acknowledge that Spam Arrest may contact any Senders (including
prior Senders listed in your email server or inbox) on your behalf in order to
facilitate the provisioning of the services.
(g) All Undesired
E-Mails May Not Be Blocked. You acknowledge that the Services are not
guaranteed to block all undesired email from Senders and that you may continue
to receive such emails. Further, you understand and acknowledge that despite the
exercise of commercially reasonable efforts on the part of Spam Arrest, your
emails may be delayed or inadvertently lost.
(h) Account
Disputes and Unacceptability of Chargebacks. If you have a question about
charges made to your account, please contact Spam Arrest immediately. You may
request that Spam Arrest refund charges to your charge, credit or debit cards.
Spam Arrest will review such request and respond within five (5) business days.
However, you acknowledge and agree that chargebacks requested through your
issuing bank are an unacceptable charge dispute resolution method. If you
dispute the credit card charge that Spam Arrest charges for its services, Spam
Arrest reserves the right to suspend your account as soon as Spam Arrest is
informed of it. You agree to immediately pay to Spam Arrest any chargebacks of
amounts originally charged to your charge, credit or debit cards, as well as for
fees incurred by Spam Arrest for such chargebacks. Your responsibility for
chargebacks and related fees will continue even if you have received the funds,
and/or closed your account. Any chargeback fees, past due fees and costs will be
sent to collections. If Spam Arrest's collection efforts fail, unpaid debts may
be reported to the State of Washington, all available credit reporting agencies
and Internet fraud databases.
IV.
SPAM
ARREST PROPRIETARY RIGHTS
All content, including but not limited to text, software, music, sound,
photographs, graphics, video, or other material contained in vendor or other
sponsor advertisements or information presented to you as part of the Services,
may be protected by intellectual property or other proprietary rights and laws.
You are permitted to use this material and information only as expressly
authorized by Spam Arrest or its advertisers, and may not copy, reproduce,
transmit, distribute, or create derivative works of such content or information
without express written authorization from Spam Arrest in each instance.
V.
YOUR
ACCESS TO VENDORS; THIRD PARTY LINKS; ACCOUNT ACCESS
(a) Third Party Links. Spam Arrest is not responsible in any way for, and
does not guaranty the availability of, any email from or links to third party
Web sites and resources which may be accessed through the Spam Arrest Web site.
In addition, Spam Arrest does not endorse and is not responsible or liable for
any content, advertising, goods or services, or other materials available on or
from such Web sites or resources. Spam Arrest will not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such content, advertising, goods
or services, or other materials on or available from such Web sites or
resources.
(b) Infringer Policy. If you believe that any material available through
the Spam Arrest Web site infringes upon any copyright you own or control, or
that any link on the Spam Arrest Web site directs users to another Web site that
contains material that you own or control, you may file a notification of such
infringement with Spam Arrest's Designated Agent. Please refer to the "Copyright
Policy" and "Notice and Procedure for Notifying Designated Agent of Claims of
Copyright Infringement" set forth on the Spam Arrest Web site at spamarrest.com.
VI.
YOUR
PRIVACY
Spam Arrest believes strongly in protecting user privacy and providing you with
notice of Spam Arrest's use of data, including personal identifying information,
collected on the Spam Arrest Web site. Unless required to provide the
Services to you, Spam Arrest will not disclose your personal identifiable
information to third parties without your express permission. Additionally, Spam
Arrest will not disclose your email address, or the email addresses of
individuals sending you emails, to direct marketers. Please refer to the
current Spam Arrest Privacy Statement for information regarding how Spam Arrest
uses and collects information set forth on the Spam Arrest Web site at
spamarrest.com.
VII.
TERMINATION
(a) By Spam Arrest. Spam Arrest may terminate this Agreement or any part
of the Services at any time in the event you breach any obligation hereunder,
fail to respond within ten (10) calendar days to an inquiry from Spam Arrest
concerning the accuracy or completeness of the information referred to in
Article II of this Agreement, or if Spam Arrest determines in its sole
discretion that you have violated this Agreement. [Please refer to the current
version of the Spam Arrest Acceptable Use Policy set forth on the Spam Arrest
Web site at http://spamarrest.com.]
(b) By Notice Prior to End of Term. Either party may terminate this
Agreement by giving thirty (30) days' notice prior to the conclusion of the
Term. In this case, the termination will take effect at the conclusion of the
Term. In order for your termination to be effective, you must provide notice by
completing the "Termination of Service" form found on the Spam Arrest Web site
at spamarrest.com. Spam Arrest will cease charging your credit card, if
applicable, upon the effective date of the termination.
(c) Effect of Termination. You will not receive any refund for payments
already made by you as of the date of termination. If termination of this
Agreement is due to your breach hereunder, you will bear all costs of such
termination, including any reasonable costs Spam Arrest incurs in closing your
account. You will pay any and all costs incurred by Spam Arrest in enforcing
your compliance with this Article. Upon termination, you shall destroy any copy
of the materials licensed to you hereunder and referenced herein. Upon
termination for any reason or upon your failure to continue past the Trial
Period, regardless of whether a subsequent termination occurs, Spam Arrest may
delete all or part of the information related to you on the Services.
VIII.
INDEMNITY
You will release, indemnify, defend and hold harmless Spam Arrest, and any of
its contractors, agents, employees, officers, directors, shareholders,
affiliates and assigns from all liabilities, claims, damages, costs and
expenses, including reasonable attorneys' fees and expenses, of third parties
relating to or arising out of (1) this Agreement or the breach of your
warranties, representations and obligations under this Agreement, (2) the
Services or your use of such Services, (3) any intellectual property or other
proprietary right of any person or entity, (4) your violation of any of the
provisions of this Agreement, or (5) any information or data you supplied to
Spam Arrest, including, without limitation, any misrepresentation in your
Registration Data, if applicable. When Spam Arrest is threatened with suit or
sued by a third party, Spam Arrest may seek written assurances from you
concerning your promise to indemnify Spam Arrest; your failure to provide those
assurances may be considered by Spam Arrest to be a material breach of this
Agreement. Spam Arrest will have the right to participate in any defense by you
of a third-party claim related to your use of any of the Services, with counsel
of Spam Arrest's choice at its expense. Spam Arrest will reasonably cooperate in
any defense by you of a third-party claim at your request and expense. You will
have sole responsibility to defend Spam Arrest against any claim, but you must
receive Spam Arrest's prior written consent regarding any related settlement.
The terms of this Article will survive any termination or cancellation of this
Agreement.
IX.
DISCLAIMER
OF WARRANTIES
(a) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. SPAM ARREST EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, ANY RESULTS OBTAINED THROUGH
THE SERVICES AND ANY GOODS OR SERVICES OBTAINED ON OR THROUGH THE SERVICES.
(b) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPAM ARREST MAKES NO
WARRANTY:
(1) THAT THE SERVICES WILL SUCCESSFULLY BLOCK ALL UNDESIRED EMAIL;
(2) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE;
(3) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO
THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR
THAT DEFECTS IN THE SERVICES WILL BE CORRECTED;
(4) REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE
SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SERVICES;
(5) REGARDING ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF OR FROM THE SERVICES (DOWNLOADING OR ACCESS 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 SUCH MATERIAL
AND/OR DATA); OR
(6) THAT THE SERVICES WILL NOT CAUSE YOUR EMAILS TO BE DELAYED OR INADVERTENTLY
LOST.
(c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPAM
ARREST OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY
STATED HEREIN.
(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME
OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
X.
LIMITATION
OF LIABILITY
(a) SPAM ARREST'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN
EQUITY, OR OTHERWISE, WITH RESPECT TO ANY SERVICES PROVIDED UNDER THIS AGREEMENT
AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID
DURING THE TERM.
(b) SPAM ARREST WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES IN
ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO
USE THE SERVICES; (2) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; (3)
ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICES; OR (4) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA THROUGH THE SERVICES, INCLUDING BUT NOT
LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF
SPAM ARREST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) SPAM ARREST WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION,
SUSPENSION OR TERMINATION OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES,
WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT,
NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
(d) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
XI.
NOTICES
AND ANNOUNCEMENTS
You authorize us to notify you of information that Spam Arrest deems is of
potential interest to you. Notices and announcements may include commercial
emails and other notices describing changes, upgrades, new products and services
or other information pertaining to Internet security or to enhance your identity
on the Internet and/or other relevant matters. All notices must be sent either
in writing (including email, but only to the extent expressly provided herein).
All written notices to Spam Arrest shall be delivered to Spam Arrest LLC,
Attention: Legal, 7683 SE 27th Street PMB 273 Mercer Island WA 98040. All
notices to you will be delivered to your mailing address or email address as
provided in your account information (as updated by you pursuant to this
Agreement). Spam Arrest may also provide notices of changes to this Agreement or
any other matter by displaying notices to you generally on the Spam Arrest Web
site. Either of us may change Spam Arrest's respective address by written notice
delivered to the other party. All notices delivered in writing hereunder must be
sent by either overnight courier or certified mail, return receipt requested.
XII.
AGREEMENT
TO BE BOUND
By applying for the Services through Spam Arrest's online registration process
or otherwise, or by using the Services, you acknowledge that you have read and
agree to be bound by all terms and conditions of this Agreement and documents
incorporated by reference.
XIII.
LEGAL
ACTIONS AGAINST SENDERS OF UNSOLICITED COMMERCIAL E-MAIL (SPAMMERS).
(a) Assignment of
Claims. You hereby assign to Company any and all actual or potential
actions, claims, liabilities, debts, causes of action, and damages, known or
unknown, suspected or unsuspected, you are entitled to on account of or arising
out of a Sender forwarding unsolicited commercial e-mail to the e-mail address
you provided to Spam Arrest ("Claims"). It is understood that this assignment
includes, but is not limited to, any claims arising out of a Sender's violation
of RCW 19.190.020, and any other similar federal, state, or local statute,
law, regulation or case law.
(b) Power of
Attorney. You hereby irrevocably designate and appoint Spam Arrest and its
duly authorized officers and agents, as your agent and attorney-in-fact with
full power of substitution to act for and on your behalf and instead of you, to
execute and file any such document or documents and to do all other lawfully
permitted acts to further the purposes of Spam Arrest pursuing the Claims.
(c) Cooperation.
Spam Arrest shall have full responsibility for, and shall control all aspects of
any Claims, including, but not limited to, selecting legal counsel of its
choice. You agree to cooperate with Spam Arrest and execute all lawful papers
and instruments, to make all rightful oaths and declarations and to provide
consultation and assistance as may be necessary for Spam Arrest to pursue and
maintain any Claims. The costs and expenses of any Claims (including attorneys'
fees) shall be borne by Spam Arrest.
(d) Awards.
Any award paid by third parties as a result of such Claims (whether by way of
settlement or otherwise) shall be applied first to reimburse Spam Arrest for all
costs and expenses incurred by Spam Arrest with respect to the Claims (including
attorneys' fees) and after such reimbursement if any funds shall remain from
such award, they shall be allocated equally between you and Spam Arrest.
XIV.
GENERAL
(a) Entire Agreement. This Agreement comprises the entire agreement among
you and Spam Arrest and supersedes any prior agreements pertaining to the
subject matter contained herein.
(b) Effect of Waiver. The failure of Spam Arrest to exercise or enforce
any right or provision of this Agreement will not constitute a waiver of such
right or provision. If any provision of this Agreement is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of this Agreement remain in full force
and effect.
(c) Governing Law and Jurisdiction. This Agreement will be governed by
the laws of the State of
Washington
without regard to its conflict of law principles to the contrary. Neither party
will commence or prosecute any suit, proceeding or claim to enforce the
provisions of this Agreement, to recover damages for breach of or default under
this Agreement, or otherwise arising under or by reason of this Agreement, other
than in the state or federal courts located in King County, State of Washington.
Each party hereby irrevocably consents to the jurisdiction and venue of such
courts in connection with any action, suit, proceeding or claim arising under or
by reason of this Agreement. Each party hereby waives any rights to trial by
jury claim arising out of this Agreement and any related documents.
(d) Statute of Limitation. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or related to
use of the Services or this Agreement must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
(e) Heading. The section headings and titles in this Agreement are for
convenience only and have no legal or contractual effect.
(f) Force Majeure. Neither party will be deemed in default hereunder, nor
will it hold the other party responsible for, any cessation, interruption or
delay in the performance of its obligations hereunder due to earthquake, flood,
fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor
strike, lockout, or boycott, provided that the party relying upon this section (i)
will give the other party written notice thereof promptly and, in any event,
within five (5) days of discovery thereof and (ii) will take all steps
reasonably necessary under the circumstances to mitigate the effects of the
force majeure event upon which such notice is based; provided further, that in
the event a force majeure event described in this paragraph extends for a period
in excess of thirty (30) days in the aggregate, Spam Arrest may immediately
terminate this Agreement.
(g) Survival. In the event this Agreement terminates as provided herein,
Articles III, IV, V, VI, VII, VIII, IX, X, XII, XIII and XIV of this Agreement
will survive such expiration or termination.
I HAVE READ AND
UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS
AND CONDITIONS.
Spam Arrest Terms of Services Agreement
