SOFTHOME PROFESSIONAL EMAIL SERVICE AGREEMENT 1. ACKNOWLEDGMENT AND ACCEPTANCE OF SERVICE AGREEMENT SoftHome provides to you ("User" or "you") one or more services ("Service"). Service is provided under the terms and conditions of this SoftHome Professional Email Service Agreement ("Agreement") and any operating rules or policies that may be published by SoftHome. The Agreement comprises the entire agreement between User and SoftHome and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "ACCEPT" BUTTON OR BY PAYING FOR THE SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT. There may be several versions of this document. This one is designated Version 1. 2. INCORPORATED DOCUMENTS Several documents are incorporated in this Agreement by reference. In some cases, where a version number is specified herein, a specific version of the document is thereby incorporated. In other cases a document is specified without a version number; in such cases, the most recent version of the document shall always apply, even if it has changed since you entered into this Agreement. All documents incorporated are available from the web address http://SoftHome.net/policy/ . You should familiarize yourself with them before agreeing to this document. 3. DESCRIPTION OF SERVICE SoftHome provides User with an email address, which can be accessed via the Internet. User must (1) provide all equipment, including a computer and communication device, necessary to utilize these services; (2) provide for own access to the Internet and pay any service fees associated with such access. A. Service Elements 1. SoftHome provides electronic mail service for User using the email address registered by User. 2. SoftHome will not contract to deliver email advertisements to User via Service. SoftHome may notify you of changes and additions to its products and services via the Service. 3. SoftHome will not add advertisements to email messages sent by User or sent to User, provided User follows instructions on how to send and receive messages with the Service. For example, User may be required to use different servers than those provided for users of other SoftHome services. 4. The Service supports the POP3 protocol for retrieval of email. 5. The Service supports the SMTP protocol for sending of email. 6. The Service supports a web-based email client for sending and viewing of email. B. Limitations on Service SoftHome imposes operational limits on your use of the Service based on the package purchased. Each package has limits, as defined in the specific Service limitations page http://SoftHome.net/services/email.html Exceeding these or other limitations can result in temporary loss of service or difficulty in using the Service. 1. Storage quota is a limit on the total size of messages and total number of messages SoftHome will store on your behalf at any one time. During the Service period SoftHome will not reduce the storage quota below an amount agreed at the beginning of the Service term. 2. Bandwidth quota is a limit on the total number of bytes transfered on your behalf by SoftHome in a month. Once you exceed the bandwidth quota for a month, SoftHome may refuse to handle your messages for the remainder of the month, or until you purchase a higher bandwidth quota. 3. Other operational limits may apply. SoftHome assumes no responsibility for the deletion of or failure to store email messages. SoftHome assumes no responsibility for the integrity of User's data. C. Restrictions on Service Regardless of specific restrictions, SoftHome retains the right, at SoftHome's sole discretion, to determine whether or not User's conduct is consistent with the letter and spirit of the Agreement and may terminate Service if a User's conduct is found to be inconsistent. 1. No Advertising. User may not use Professional Email service for sending advertisements or for collecting responses to advertisements. This includes, but is not limited to, all forms of spam, unsolicited email, chain letters, junk email, bulk email, dropboxes, broadcast messages and address harvesting. 2. Acceptable Use Policy. User will abide by SoftHome's Acceptable Use Policy. The SoftHome Acceptable Use Policy is available at http://SoftHome.net/policy/aup.html . The most recent version applies at all times. 3. Violation of any of these restrictions is sufficient Cause to cancel User's Service, and is done so at SoftHome's sole discretion. 4. Your Liability. Cancellation of Service does not release you from any civil and/or criminal penalties that may apply to your behavior. SoftHome retains the right to collect compensatory and punitive damages. D. Cause Violation of any restriction noted herein or posted on the Service website is deemed sufficient Cause for cancelation of Service. 4. Payment A. The Service is available on an annual basis, beginning on the date that you accept this Service Agreement. B. We may automatically renew the Service for additional terms and charge your credit card account for each successive term unless you notify us 10 days prior to the end of your term, either by filling out the appropriate form on our website (http://SoftHome.net/) or by calling our Customer Service Department at the telephone number on our website. Upon renewal, the most recent Version of this Agreement will apply. C. You hereby authorize us to charge your credit card account or other payment method in advance, for the full price of the Service for one term. You acknowledge and agree that we may, in our sole discretion, change the Fee Schedule at any time, provided that we will only apply any changes in the Fee Schedule to charges for future service intervals. D. Refunds 1. You will not be entitled to a refund of the service fee or any portion thereof in the event we cancel the Service for Cause. 2. You will not be entitled to a refund of the service fee or any portion thereof because you have not used the Service. 3. You will not be entitled to a refund of the service fee or any portion thereof because you cancel the Service. 4. If SoftHome cancels your Service without Cause, SoftHome will refund a prorata share of the service fee. E. Termination for Payment Default SoftHome, in its sole discretion, may suspend or terminate Service if you default in your payment. A payment default means that your credit card company denies the charge to your credit card account. We will provide you with notice of any payment default by email, when possible. You will have five (5) days to remedy a payment default by updating your credit card account information through our Customer Service Department by telephone. For payment methods other than credit card, equivalent provisions apply for any condition resulting in non-payment. You are responsible for any service fees resulting from non-payment. 5. SELF PROTECTION SoftHome may take any steps it deems necessary to prevent or remedy abuse of its rights, property or resources by you or by any other party. 6. OUTSOURCING SoftHome retains the right to engage another entity to provide any portion of the Service. 7. TERMINATION Either User or SoftHome may terminate the Service with or without cause at any time and effective immediately. SoftHome shall not be liable to User or any third party for termination of Service. Should User object to any terms or conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately: (1) discontinue use of the Service and (2) notify SoftHome of termination. Upon termination of the Service, User's right to use the Service immediately ceases. User shall have no right and SoftHome shall have no obligation thereafter to forward any unread or unsent messages to User or any third party. Nor will SoftHome have any obligation to retain any data or message related to the account. SoftHome may recycle an email address three (3) months after termination of its associated account. 8. RULES RELATING TO MINORS If you are under the age of 18 you may not use the Service without the consent of your parent or guardian. If you are age 18 or older you warrant that you are at least 18 years old, that all information that you submit to SoftHome is true and verifiable (including your credit card account information), and you agree to pay all fees, charges, taxes and assessments arising out of your use of the Service. 9. SURVIVAL OF TERMS AND CONDITIONS You must adhere to the the terms of this Service Agreement for so long as you are using the Service. The following provisions of this Service Agreement will survive any termination: No Advertising, Acceptable Use Policy, Your Liability, Rules Relating to Minors, Privacy Policy, and Indemnification. 10. MODIFICATIONS TO SERVICE AGREEMENT SoftHome may change the terms and conditions of the Agreement from time to time. Upon any change in the terms and conditions of the Agreement, SoftHome will notify you by sending you email with the subject "Change of Service Agreement Notice." If you agree to be bound by the changes, you must follow the acknowledgement instructions in the email message within one (1) week. Non-compliance constitutes termination of the Service. Your continued use of the Service constitutes your affirmative: (1) acknowledgment of the Agreement and its modifications; and (2) agreement to abide and be bound by the Agreement and its modifications. SoftHome shall not be liable to User or any third party should SoftHome exercise its right to modify or discontinue the Service. 11. PRIVACY POLICY A. Mailbox Email is private correspondence between the sender and the recipient. It is SoftHome's policy to respect the privacy of its Users. SoftHome will not monitor, edit, or disclose the contents of a User's private communications unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on SoftHome; (2) protect and defend the rights or property of SoftHome; or (3) act under exigent circumstances to protect the personal safety of its users or the public. User acknowledges and agrees that certain technical processing of email messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the Service; (4) filter spam; or (5) conform to other similar requirements. B. Registration Data Privacy for Professional Email The same privacy applies to your individual registration data as applies to your mailbox. SoftHome may disclose statistics about our aggregate registration information in connection with our marketing activities. C. Your Role in Privacy and Security You agree to respect the privacy and confidentiality of others. Since your privacy is a function of your password, we encourage you to change your password frequently and to not share it with anyone. You acknowledge that only you are authorized to use your account. You agree to not resell or otherwise transfer the Service. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You agree to immediately notify SoftHome of any unauthorized use of your account or any other breach of SoftHome security known to you. Such notification does not obligate SoftHome in any way. 12. DISCLAIMER OF CONTENT User acknowledges and agrees that SoftHome neither endorses the contents of any User communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. 13. DISCLAIMER OF WARRANTIES USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SOFTHOME 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. SOFTHOME MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SOFTHOME MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOFTHOME MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM SOFTHOME OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 14. LIMITATION OF LIABILITY SOFTHOME SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SOFTHOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. 15. INDEMNIFICATION You agree to defend, indemnify and hold SoftHome, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand or damage, including reasonable attorneys' fees, caused by or arising out of claims made against us based upon your use of the Service. 16. LAWS The Agreement shall be governed by and construed in accordance with the laws of the state of Colorado, excluding its conflict of law provisions. Colorado is a state in the United States of America. User and SoftHome agree to submit to the exclusive jurisdiction of the courts of the state of Colorado. If any provision(s) of the Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. SoftHome's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SoftHome in writing. User and SoftHome agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.