Utopia Systems, Inc.TERMS OF USE

Utopia Web Mail

TERMS OF USE and NOTICES

AGREEMENT BETWEEN USER AND UTOPIA SYSTEMS, INC, (“Utopia”)

Utopia Web Mail is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Utopia Web Mail Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Utopia Web Mail Service included within the Utopia Systems Network may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms").

Additionally, the Utopia Web Mail Sites may themselves contain additional terms, codes of conduct or guidelines that govern use of services, including without limitation, particular features or offers.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

UTOPIA will not, under any circumstances share any public or private information about its customers with any party outside of UTOPIA. If it were to become necessary to do so, the customer in question would be notified and asked for approval.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If a particular Utopia Web Mail Site/Service requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Utopia immediately of any unauthorized use of your account or any other breach of security. Utopia will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Utopia or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

MODIFICATION OF THESE TERMS OF USE

Utopia reserves the right to change the terms, conditions, and notices under which the Utopia Web Mail Sites/Services are offered, including but not limited to the charges associated with the use of the Utopia Web Mail Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the Utopia Web Mail Sites/Services constitutes your agreement to all such terms, conditions, and notices.

PAYMENT TERMS

You will be charged for services in accordance with Utopia’s Fee Schedule. You will receive sixty (60) days prior notice of any increase or decrease in such fees. The current fee schedule is available from http://www.utopiasystems.com/outlook/services.htm for your review prior to signing up for services offered. Payment may be by credit card or check and in some cases, wire transfer.

In the case of credit card payments, all charges that you incur for the use of our services will be debited to the credit card number you provide. If this credit card number expires or if Utopia is otherwise unable to debit valid charges to this credit card, Utopia’s will notify you of this problem and terminate your access to the Services within thirty (30) days of such notice, unless you provide Utopia with an alternative method of payment acceptable to Utopia, in its sole discretion, within such thirty (30) day period.

Payment for setting up your account will be due at time of registration. Payments for on-going services will be based on the services selected and billing dates for your account. Value-added services, such as disk space in addition to the base, will be billed monthly based on your billing date. If payment is made by a credit card, your account will automatically be charged. Payment shall be due ten (10) days after the end of the calendar month in which the Services are provided. The charge for services provided for part of the month will be charged on a pro-rate basis. Upon termination of service, all outstanding charges shall be due immediately.

PERSONAL AND COMMERCIAL USE LIMITATION

Unless otherwise specified, the Utopia Web Mail Sites/Services are for your personal and commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Utopia Web Mail Sites/Services.

LINKS TO THIRD PARTY SITES

The Utopia Web Mail Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Utopia and Utopia is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Utopia is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Utopia responsible if the Linked Site is not working appropriately. Utopia is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Utopia of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the Utopia Web Mail Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Utopia shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Utopia Web Mail Sites/Services, you will not use the Utopia Web Mail Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Utopia Web Mail Sites/Services in any manner which could damage, disable, overburden, or impair any Utopia Web Mail Site/Service(s) (or the network(s) connected to any Utopia Web Mail Site/Service(s)) or interfere with any other party's use and enjoyment of any Utopia Web Mail Site/Service(s). You may not attempt to gain unauthorized access to any Utopia Web Mail Site/Service, other accounts, computer systems or networks connected to any Utopia Web Mail Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Utopia Web Mail Sites/Services.

USE OF SERVICES

The Utopia Web Mail Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Collaboration Services"). You agree to use the Collaboration Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Collaboration Service. By way of example, and not as a limitation, you agree that when using a Collaboration Service, you will not:

Use the Collaboration Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.

Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Collaboration Service specifically allows such messages.

Download any file posted by another user of a Collaboration Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Collaboration Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Collaboration Service.

Harvest or otherwise collect information about others, including e-mail addresses.

Violate any applicable laws or regulations.

Create a false identity for the purpose of misleading others.

Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an Utopia Web Mail Site/Service(s) or other user or usage information or any portion thereof.

Utopia has no obligation to monitor the Collaboration Services. However, Utopia reserves the right to review materials posted to a Collaboration Service and to remove any materials in its sole discretion. Utopia reserves the right to terminate your access to any or all of the Collaboration Services at any time, without notice, for any reason whatsoever.

Utopia reserves the right at all times to disclose any information as Utopia 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 Utopia's sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Collaboration Service. Utopia does not control or endorse the content, messages or information found in any Collaboration Service and, therefore, Utopia specifically disclaims any liability with regard to the Collaboration Services and any actions resulting from your participation in any Collaboration Service. Managers and hosts are not authorized Utopia spokespersons, and their views do not necessarily reflect those of Utopia.

Materials uploaded to a Collaboration 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.

MATERIALS PROVIDED TO UTOPIA OR POSTED AT ANY SITE

Utopia does not claim ownership of the materials you provide to Utopia (including feedback and suggestions) or post, upload, input or submit to any Utopia Web Mail Site/Service or its associated services for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Utopia, its affiliated companies and necessary contingencies permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Utopia is under no obligation to post or use any Submission you may provide and Utopia may remove any Submission at any time in its sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

SOFTWARE AND CONTENT AVAILABLE THROUGH THE UTOPIA WEB MAIL SITES/SERVICES

All content and software (if any) that is made available to view and/or download in connection with the Utopia Web Mail Sites/Services, excluding content and/or software that may be made available by end-users through a Collaboration Service, ("Software") is owned by and is the copyrighted work of Utopia and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a license agreement, Utopia Corporation hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular Utopia Web Mail Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE UTOPIA WEB MAIL SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE UTOPIA WEB MAIL SITES/SERVICES AND TO THE INFORMATION THEREIN. UTOPIA AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE UTOPIA WEB MAIL SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE UTOPIA WEB MAIL SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

UTOPIA CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE UTOPIA WEB MAIL SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. UTOPIA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT UTOPIA SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN UTOPIA WEB MAIL SITE/SERVICE. YOU SPECIFICALLY AGREE THAT UTOPIA IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT UTOPIA IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN UTOPIA WEB MAIL SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL UTOPIA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE UTOPIA WEB MAIL SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE UTOPIA WEB MAIL SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE UTOPIA WEB MAIL SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE UTOPIA WEB MAIL SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF UTOPIA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE UTOPIA WEB MAIL SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE UTOPIA WEB MAIL SITES/SERVICES.

GENERAL TERMS REGARDING USE AND STORAGE

You agree that Utopia may establish limits concerning use of any service offered on a Utopia Web Mail Site, including without limitation, the maximum number of days that e-mail messages will be retained by the service, the maximum number of e-mail messages that may be sent from or received by an account on the service, the maximum size of an e-mail message that may be sent from or received by an account on the service, the maximum disk space that will be allotted on Utopia's servers on your behalf, and the maximum number of times and duration you may access the service in a given period of time.

You agree that Utopia has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the service. You acknowledge that Utopia reserves the right to delete accounts that are inactive for an extended period of time.

UTOPIA MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SERVICE CONTACT: webmaster@utopiasystems.com

TERMINATION/ACCESS RESTRICTION

Utopia reserves the right, in its sole discretion, to terminate your access to any or all Utopia Web Mail Sites/Services and the related services or any portion thereof at any time, without notice.

Utopia may also terminate or suspend your access to Utopia Web Mail Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Utopia.

Utopia shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

SPAM; DAMAGES

Utopia will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Utopia liquidated damages of $3 (US Currency) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Utopia's actual damages, to the extent such actual damages can be reasonably calculated.

GENERAL

This agreement is governed by the laws of the State of Delaware, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in New Castle County, Delaware, U.S.A. in all disputes arising out of or relating to the use of the Utopia Web Mail Sites/Services. Use of the Utopia Web Mail Sites/Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Utopia as a result of this agreement or use of the Utopia Web Mail Sites/Services. You agree to indemnify and hold Utopia, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Utopia Web Mail Sites/Services. Utopia reserves the right to disclose any personal information about you or your use of the Utopia Web Mail Sites/Services, including its contents, without your prior permission if Utopia has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Utopia or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Utopia's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Utopia's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Utopia Web Mail Sites/Services or information provided to or gathered by Utopia with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Utopia with respect to the Utopia Web Mail Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Utopia with respect to the Utopia Web Mail Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

Rev. November 2001