The following are the terms and conditions for use of the free web-based e-mail service, the online POP-based e-mail reader service, and any other service to be offered by E-MailAnywhere™ in the future. These services are provided to individuals who are eighteen (18) years of age or older and to minors with parental permission to apply for and maintain an account with E-MailAnywhere™. Please take the time to review this document carefully. By completing the registration process and indicating that you have read and agreed to the Terms of Service Agreement ("TOS"), you are stating that you are eligible to receive these services and that you agree to be bound by all the terms and conditions set forth in the TOS Agreement. This document was last updated on August 16th, 2000.

PRIVACY
It is E-MailAnywhere's policy to respect your privacy. Please review our Privacy Statement to learn more about our policies and practices regarding your privacy while using our services.

ACCEPTABLE USE POLICY
The services provided by E-MailAnywhere™ are intended for individuals and is for personal use only. Any unauthorized commercial use or resale of the services provided is expressly prohibited. You are responsible for providing E-MailAnywhere™ with complete and accurate information during the registration process. You are responsible for abiding by all local, national and international laws and regulations. Furthermore you agree to be solely responsible for all acts and omissions carried out under your username and password, including the content of your transmissions sent through our service. By using E-MailAnywhere™'s services, you agree to not engage in any inappropriate use of our services, which include, but are not limited to the following:

• Create a false identity for the purpose of misleading others.
• Use the service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any other duplicative or unsolicited e-mail messages.
• Interfere with another user's enjoyment of this service or other similar services.
• Collect any information about others without their prior consent.
• Attempt to gain unauthorized access to E-MailAnywhere™'s service, other accounts, computer systems and networks connected to the service through any means.
• Publish, distribute or disseminate any materials deemed to be inappropriate, profane, indecent, defamatory, infringing, obscene or unlawful by applicable law or regulations.
• Transmit or upload any materials intended to defame, harass, threaten, abuse, stalk or otherwise harm other individuals.
• Transmit or upload any harmful materials such as viruses or any other malicious programs.
• Transmit or upload any material that violate intellectual property laws, trademark and copyright laws or rights of privacy unless you own or control or own the rights to the material or have obtained the necessary permission to do so.

ABUSE
E-MailAnywhere™ does not tolerate abuse of our services. E-MailAnywhere™ reserves the right to terminate any account, which it believes, in its sole discretion, is using E-MailAnywhere™'s e-mail system to transmit spam or other unsolicited commercial messages. You agree to be held liable for any damages incurred by the abuse of our e-mail system. Please report suspected abusers to abuse@e-mailanywhere.com.

LINKS TO THIRD PARTIES
E-MailAnywhere™ provides links to third party web sites for your convenience and enjoyment. E-MailAnywhere™ does not control any content contained in these linked sites and thus takes no responsibility for any content contained in these linked sites. The presence of such links on E-MailAnywhere™'s web site does not in any way imply endorsement of the linked site or any association with the linked site's operators.

LIMITATION OF LIABILITY
E-MailAnywhere™ shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the service, unauthorized access or tampering of data, any data sent or not sent, any data received or not received, or any transaction through the service. The limitation of liability is covered by the fullest extent permitted by applicable law but not limited to negligence. E-MailAnywhere™ is not liable for any contents or the conduct of its members.

DISCLAIMER OF WARRANTY
E-MailAnywhere™ provides its services on an "as is" basis without any expressed or implied warranties or conditions. E-MailAnywhere™ does not guarantee that its services are offered in a timely, secure, or error-free manner. To the fullest extent permitted by applicable law, E-MailAnywhere™ disclaims all warranties and conditions, express or implied, including but not limited to merchantability, merchantable quality, correspondence to description and fitness for a particular purpose.

INDEMNIFICATION
You agree to indemnify and hold E-MailAnywhere™, its parents, subsidiaries, affiliates, officers and employees harmless from any claim, demand, or damage including reasonable attorney's fees asserted by any third party due to or arising out of your use of or conduct on our offered services.

TERMINATION
E-MailAnywhere™ has the authority to terminate all or part of our offered services with or without cause at any time. E-MailAnywhere™ may terminate your account if you violate the letter or spirit of the terms and conditions outlined in the TOS Agreement. E-MailAnywhere™ may terminate your account for inactivity, which is defined as failing to log in to your account for an extended period of time. This extended period of time is defined as ninety (90) days. If you wish to terminate your account voluntarily, your only recourse is to discontinue the usage of E-MailAnywhere™'s offered services. Upon termination of your account, your right to use that account immediately ceases, and E-MailAnywhere is freed from all further obligations to maintain the content in your account or to forward messages to and from third party service providers.

PROPRIETARY RIGHTS
All content, including but not limited to text, images, graphics, software, code or other material contained in E-MailAnywhere™'s web site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use provided that you keep all copyright and proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content made available through E-MailAnywhere™'s offered services and all its related web sites, including all code and software.

MODIFICATIONS TO TERMS OF SERVICE AGREEMENT
E-MailAnywhere™ reserves the right to change or modify the TOS Agreement at any time. In the event of a change or modification to the TOS Agreement, E-MailAnywhere™ will notify you by posting an updated version of the TOS Agreement on this web site. You are responsible for regularly reviewing the TOS Agreement. Continued use of E-MailAnywhere™'s services after any such changes or modifications shall be taken as your acceptance to be bound by the terms and conditions set forth in the modified TOS Agreement.

LANGUAGE
It is the express will of the parties that this TOS Agreement and all related documents are drawn out in English. Il est le souhait des groupes que cet accord et tous documents relatés sont écrit dans Anglais.