Subscriber Agreement

T his Agreement (the "Agreement") sets forth the terms and conditions under which SurfBuddies, together with any SurfBuddies affiliate and/or distribution partner, agrees to provide the SurfBuddies.NET email account hosting service (hereinafter the "Service") to you. By completing the registration and using the Service, you (i) agree that your use of the Service is bound by the terms of this Agreement . If you do not agree with the foregoing, you may not use the Service. This Agreement takes effect on the date on which you accept this Agreement, and continues until your subscription is terminated.

SurfBuddies reserves the right to modify the terms of this Agreement or prices for the Service and may discontinue or revise any or all other aspects of the Service in its sole discretion at any time by posting changes online. Your continued use of the Service after changes are posted constitutes your acceptance of this Agreement as modified by the posted changes. The updated, online version of this Agreement shall supersede any prior version of this Agreement that may have been included in any software or related materials provided by SurfBuddies.

Topical Index

1. Your subscription

2. Payment Terms

3. Acceptable Use Policy

4. Posting to SurfBuddies

5. Links to Third Party Web Sites

6. Monitoring and Removal of Content

7. Privacy

8. No Spam or Other Unsolicited Bulk E-mail

9. Termination and Surviving Obligations

10. Disclaimer of Warranties and Limitation of Liability

11. Indemnifications

12. Management of Network

13. Copyright and Trademark Notices

14. Governing Law and Jurisdiction

15. Miscellaneous

16. How to Contact SurfBuddies

1. Y our Subscription. Your subscription entitles you to use the Service. Your subscription is personal to you, you agree not to assign, transfer, resell or sublicense your rights as a subscriber unless specifically allowed by this Agreement. You agree that you are solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach results from your use of the Service or by another using your computer. You agree to contact SurfBuddies immediately upon the occurrence of any change in the status of your account (e.g., change in individuals authorized to use your account) for the purpose of updating your account information.

   Back to TOP
   
   

2. Payment Terms. You agree to pay all monthly fees and installation charges, including applicable franchise fees, taxes, customer service fees, late fees and door collection fees. Monthly fees will be billed one month in advance. If payment is not received by the due date, late fees and/or collection charges may be assessed and the Service may be terminated. You may be required to pay a reconnect fee and/or a security deposit in addition to all past due charges before the Service is reconnected.

   Back to TOP
   
   

3. Acceptable Use Policy. You agree to use the Services strictly in accordance with the Acceptable Use Policy located at http://www.surfbuddies.com/ which may be modified by SurfBuddies from time to time, and which is incorporated herein by reference and made a part of this Agreement.

4. Back to TOP
   
   

5. Posting to SurfBuddies. You are solely responsible and liable for all material that you email, transmit or otherwise make available via the Service. SurfBuddies does not claim ownership of material you email or make available via the Service. 

   Back to TOP
   
   

6. Links to Third Party Web Sites. In your use of the Service and/or SurfBuddies Web sites, you may encounter various types of links that enable you to visit Web sites operated or owned by third parties ("Third Party Site(s) "). These links are provided to you as a convenience and are not under the control or ownership of SurfBuddies . The inclusion of any link to a Third Party Site is not (i) an endorsement by SurfBuddies of the Third Party Site, (ii) an acknowledgement of any affiliation with its operators or owners, or (iii) a warranty of any type regarding any information or offer on the Third Party Site. Your use of any Third Party Site is governed by the various legal agreements and policies posted at that Web site.

   Back to TOP
   
   

7. Monitoring and Removal of Content. SurfBuddies is under no obligation to monitor the Services. However, SurfBuddies reserves the right at all times and without notice to remove, restrict access to, or make unavailable, any content on its servers that it considers, in its sole discretion, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, and to monitor, review, retain and/or disclose any content or other information in SurfBuddies' possession about or related to you, your use of the Services or otherwise as SurfBuddies deems necessary to satisfy any applicable law, regulation, legal process, or governmental request.

   Back to TOP
   
   

8. Privacy. You agree that SurfBuddies may collect and disclose information concerning you and your use of the Service in the manner and for the purposes set forth herein and in SurfBuddies' Privacy Policy. Please read the SurfBuddies Privacy Policy available at http://www.surfbuddies.com/ .

   Back to TOP
   
   

9. No Spam or Other Unsolicited Bulk E-mail. SurfBuddies may immediately terminate any subscriber account that it determines, in its sole discretion, is transmitting or is otherwise connected with any "spam" or other unsolicited bulk e-mail. In addition, if actual damages cannot be reasonably calculated, you agree to pay SurfBuddies liquidated damages of five dollars (U.S. $5.00) for each piece of "spam" or unsolicited bulk e-mail transmitted from or otherwise connected with your account. Otherwise you agree to pay SurfBuddies' actual damages, to the extent such actual damages can be reasonably calculated. SurfBuddies reserves the right to block, reject or remove what it considers in its sole discretion to be "spam" or other unsolicited bulk e-mail from the Service.

   Back to TOP
   
   

10. Termination and Surviving Obligations. Either party may terminate this Agreement at any time without cause by providing the other party with no less than twenty-four (24) hours written notice of such termination. In the event of termination by you, you must notify SurfBuddies by a non-electronic written submission. E-mail submissions shall not constitute effective notice. In the event of termination by SurfBuddies, SurfBuddies may notify you of such termination by electronic or other means. In those cases where you elect annual prepayment terms, you agree and understand that the calculation of any refund for unused Service will be based upon the normal rate for the Service and not upon the discounted annual prepayment rate.

    You expressly agree that upon termination of this Agreement: (i) You will pay SurfBuddies in full for your use of any Service up to the later of the effective date of termination of this Agreement or the date on which the Service and has been You agree to pay SurfBuddies on a pro-rated basis for any use by you of any Services for a part of a month. (ii) SurfBuddies is authorized to delete any files, programs, data and e-mail messages associated with such account.

    Back to TOP
    
    

11. D isclaimer of Warranties and Limitation of Liability. You expressly agree that SurfBuddies is not responsible or liable for any content, act or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another's rights including, without limitation, privacy and intellectual property rights. THE SERVICE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. NEITHER SURFBUDDIES, NOR ITS AFFILIATES OR ANY OF ITS SUPPLIERS OR LICENSORS, EMPLOYEES OR AGENTS WARRANT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL MALICIOUS AGENTS. SURFBUDDIES DOES NOT WARRANT THAT ANY DATA OR ANY FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE HEREBY EXCLUDED AND DISCLAIMED. SURFBUDDIES AND ITS EMPLOYEES, REPRESENTATIVES AND AGENTS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES, ARISING DIRECTLY OR INDIRECTLY, FROM THE INSTALLATION OR USE, OF THE SERVICE, OR SURFBUDDIES' PROVISION OF TECHNICAL SERVICE AND SUPPORT FOR THE SERVICE; EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE SURFBUDDIES TECHNICIAN OR CUSTOMER SERVICE REPRESENTATIVE, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR DAMAGES, REGARDLESS OF WHETHER OR NOT SURFBUDDIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, SURFBUDDIES' CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEEDING TWELVE MONTH PERIOD. YOU HEREBY RELEASE SURFBUDDIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. SURFBUDDIES IS ALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT. Your sole and exclusive remedy under this Agreement are as expressly set forth herein. Some states do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.

    Back to TOP
    
    

12. Indemnification. You agree to indemnify and hold SurfBuddies , its parents, subsidiaries, members, affiliates, officers and employees, harmless from any claim, demand, or damage, including costs and reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on SurfBuddies . SurfBuddies will notify you within a reasonable period of time of any claim for which SurfBuddies seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to SurfBuddies' interests, as reasonably determined by SurfBuddies.

    Back to TOP
    
    

13. M anagement of Network. SurfBuddies reserves the right to manage its network for the greatest benefit of the greatest number of subscribers including, without limitation, the following: rate limiting, rejection or removal of ?spam? or otherwise unsolicited bulk email, traffic prioritization, and protocol filtering. You expressly accept that such action on the part of SurfBuddies may affect the performance of the Service. SurfBuddies reserves the right to enforce limits on specific features of the Service including, without limitation, e-mail storage maximums.

    Back to TOP
    

14. Copyright and Trademark Notices. Copyright(c) 2002 - 2011 SurfBuddies. All rights reserved. Materials available on SurfBuddies Web sites are protected by copyright law. SurfBuddies is a trademark of SurfBuddies. SurfBuddies and other SurfBuddies services referenced herein are either actual service marks or registered service marks of SurfBuddies. All other trademarks and service marks are the property of their respective owners.

    Back to TOP
    
    

15. Governing Law and Jurisdiction. This Agreement shall be exclusively governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of laws provisions. All disputes arising out of or related to this Agreement and the Service must be brought in a federal or state court located in the state of California. You consent to the personal jurisdiction of such courts located in the state of California. You waive all rights to bring any claim, suit or proceeding more than one (1) year after the date the cause of action arose.
    
    

    Back to TOP
    
    

16. Miscellaneous. This Agreement constitutes the entire agreement and understanding between the parties with respect to its subject matter and supersedes and replaces any and all prior written or oral agreements. In the event that any portion of this Agreement is held to be unenforceable, the 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 its provisions shall remain in full force and effect. Nothing contained in this Agreement shall be construed to limit SurfBuddies' rights and remedies available at law or in equity. SurfBuddies' failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. This Agreement may not be assigned or transferred by you. This Agreement is freely assignable by SurfBuddies to third parties.

    Back to TOP
    
    

17. How to Contact Us. For any questions regarding this Subscriber Agreement, billing or other, please contact SurfBuddies at one of the following:

    E-mail:
    

    U.S. Mail: Visit http://www.surfbuddies.com/ and check under "Contacts" 

    Back to TOP