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![]() Legal informationThe Redmail e-mail services, bulletin board services, chat areas, news groups, forums, groups, personal web pages, calendars, photo albums, file cabinets and/or other message or Internet facilities designed to enable you to communicate with others (collectively, "Internet Services"). You agree to use the Internet Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Internet Service. By way of example, and not as a limitation, you agree that when using a Internet Service, you will not:
Redmail has no obligation to monitor the Internet Services. However, Redmail reserves the right to review materials posted to a Internet Service and to remove any materials in its sole discretion. Redmail reserves the right to terminate your access to any or all of the Internet Services at any time, without notice, for any reason whatsoever. Redmail reserves the right at all times to disclose any information as Redmail deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Redmail's sole discretion. Always use caution when giving out any personally identifiable information about yourself or your children in any Internet Service. Redmail does not control or endorse the content, messages or information found in any Internet Service and, therefore, Redmail specifically disclaims any liability with regard to the Internet Services and any actions resulting from your participation in any Internet Service. Managers and hosts are not authorized Redmail spokespersons, and their views do not necessarily reflect those of Redmail. Materials uploaded to the Internet Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
(b) Client Warranties. Client represents and warrants that (i) Client has the power and authority to enter into and perform its obligations under this Agreement; (ii) Client Content does not and shall not contain any materials, advertising or services that are inaccurate or that infringe on or violate any applicable law, regulation or right of a third party, including without limitation export laws, or that otherwise constitute Impermissible Content, and that Client owns the Client Content or otherwise has the right to place the Client Content on the Web Site, and (iii) Client has obtained all authorization necessary for hypertext links from the Web Site to other third party web sites. Should Client receive notice of a claim regarding the Web Site, Client shall promptly provide Host with written notice of such claim. (c) Disclaimer of Warranty. HOST (NOR ITS LICENSORS) MAKES ANY WARRANTIES HEREUNDER, EXPRESS OR IMPLIED, AND DISCLAIMS AND EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND USAGE OF TRADE AND COURSE OF DEALING. CLIENT ACKNOWLEDGES THAT THE SOFTWARE AND HOSTING SERVICES ARE PROVIDED "AS IS," AND CLIENT UNDERSTANDS THAT IT ASSUMES ALL RISKS REGARDING USE, QUALITY AND PERFORMANCE (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH UNINTERRUPTED ACCESS TO HOSTING SERVICES). WITHOUT LIMITING THE FOREGOING, CLIENT SPECIFICALLY ACKNOWLEDGES THAT HOSTING SERVICES MAY BE PERIODICALLY UNAVAILABLE DUE TO SERVICING, MAINTENANCE, OR OTHER CAUSES.
(b) Equitable Relief. Client acknowledges that Host will be irreparably harmed by any material breach by Client of the material provisions of this Section 7 and Sections 2(b) and 2(c). Therefore, in addition to any other remedies that Host may have, Host shall be entitled to an injunction, issued by any court having jurisdiction, restraining any such violation of such Sections or specific performance, if applicable. Client hereby waives, with respect to any future such dispute related to such Sections, any defense based on the argument that Host will not be irreparably harmed by a material breach or that Host has available to it an adequate remedy at law for such breach. (c) Limitations. THE TOTAL LIABILITY, IF ANY, OF HOST (OR ITS LICENSORS) FOR DAMAGES RELATING TO THE SOFTWARE AND HOSTING SERVICES SHALL NOT EXCEED THE TOTAL PAYMENTS MADE BY CLIENT TO HOST FOR HOSTING SERVICES DURING THE MOST RECENT TWELVE (12) MONTH PERIOD. REGARDLESS OF THE FORM OF ACTION, HOST SHALL NOT BE LIABLE FOR SPECIAL, PUNITIVE, CONSEQUENTIAL, COLLATERAL, INCIDENTAL OR ANY OTHER INDIRECT LOSS OR DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS AND DAMAGES RELATING TO LOSS OF DATA, DOWN TIME, TRANSACTION ERRORS OR OTHER LOSSES TO CLIENT OR ANY OTHER PERSON) ARISING OUT OF THIS AGREEMENT OR THE USE OR DISTRIBUTION OF THE SOFTWARE OR HOSTING SERVICES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
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