ForeverMail
Terms and Conditions Agreement

1. Acknowledgment and Acceptance of Terms and Conditions

The ForeverMail Service ("ForeverMail" or the "Service"), owned and operated by Digital Footprints International, LLC ("DFI"), is provided to you ("Customer") under the terms and conditions of this ForeverMail Terms and Conditions Agreement (the "Agreement") and any operating rules or policies that may be published by DFI. The Agreement comprises the entire agreement between Customer and DFI and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "SUBSCRIBE" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT.

 2. Description of Service

ForeverMail is an electronic mail ("e-mail") forwarding and URL redirection (also called forwarding) service provided by Digital Footprints International, LLC, Steilacoom, WA, USA. It provides the customer with one or multiple unique e-mail address(es) ("ForeverMail Address") and one or multiple unique URLs ("ForeverMail URL"). E-mail sent to a ForeverMail Address is automatically forwarded to the e-mail account(s) designated by the Customer. Location requests sent to a ForeverMail URL are automatically redirected to the URL designated by the Customer.

Customer must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the Internet; (2) provide for own access to the Internet; (3) provide necessary software to be able to connect to the Internet; (4) have an established and functional e-mail account accessible from the Internet; and, (5) for URL redirection, have an established and functional URL location connected to the Internet.

In consideration for this Service, Customer agrees to: (1) pay the appropriate subscription fees in a timely manner, (2) provide certain current, complete, and accurate information about Customer as prompted to do so by the Service and (3) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data ("Registration Data").

If any information provided by Customer is inaccurate or if subscription fees are not paid in a timely manner, DFI retains the right to terminate Customer's subscription and rights to use ForeverMail without prior notice.

 3. Fees & Charges

ForeverMail is a subscription service. Customer agrees to pay all subscription fees and other charges within thirty (30) days of initial invoice date. If payment is not received in a timely manner, DFI may terminate Customer's account without prior notice.

DFI maintains a strict no-refund policy. Customer is not entitled to a refund of payment under any circumstances.

Current subscription fees and other charges are published on the ForeverMail website. Customer agrees to pay the fees and charges as published on the date of initial subscription or renewal.

 4. Customer's Responsibility

Customer is solely responsible for the contents of his or her transmissions through ForeverMail.

Customer's use of ForeverMail is subject to all applicable local, state, national and international laws and regulations.

Customer agrees: (1) not to use ForeverMail for illegal purposes; (2) not to interfere or disrupt networks connected to ForeverMail; and (3) to comply with all regulations, policies and procedures of networks connected to ForeverMail.

ForeverMail makes use of the Internet to send and receive messages; therefore, Customer's conduct is subject to Internet regulations, policies and procedures. Customer agrees not to use ForeverMail in conjunction with chain letters, pyramid schemes, spamming, or harassment. Spamming includes, but is not limited to, the sending of unsolicited advertising, promotional material, or other forms of solicitation to any person who has not given specific permission to be included in such a process. DFI reserves the right to determine when a Customer has violated any of these policies.

DFI may, at its sole discretion, immediately terminate Customer's ForeverMail service without refund and without prior notice, should that Customer's conduct fail to conform with the terms and conditions of this Agreement.

 5. Copyrights

As the Customer, you are responsible for determining the legal status of any intellectual property you use, duplicate and/or transmit/receive through ForeverMail. Customer agrees not to violate copyright laws by using or transferring copyrighted works through our system or by causing them to be transferred or stored without the permission of the copyright holder. Customer agrees to accept all liability and responsibility for any violation of copyright laws.

 6. Privacy Policy

E-mail is private correspondence between the sender and the recipient.

It is DFI's policy to respect the privacy of its Customers. Therefore DFI will not monitor, edit, or disclose the contents of a Customer's private communications and Registration Data 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 DFI; (2) protect and defend the rights or property of DFI; or (3) act under exigent circumstances to protect the personal safety of its members or the public.

Customer acknowledges and agrees that DFI neither endorses the contents of any Customer 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.

Customer acknowledges and agrees that certain technical processing of e-mail 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 ForeverMail; or (4) conform to other similar requirements.

 7. Customer Account Security

Customer chooses a secret identifier and an account. Customer is entirely responsible if Customer does not maintain the confidentiality of Customer's secret identifier and account. Furthermore, Customer is entirely responsible for any and all activities which occur under Customer's account. Customer may change Customer's secret identifier at any time by following instructions available on the ForeverMail website.

Customer agrees to notify DFI immediately of any unauthorized use of Customer's account or any other breach of security known to Customer.

 8. Account Termination

Use of ForeverMail that violates any of the rules and regulations in this agreement is grounds for termination. DFI reserves the right to terminate without refund and without prior notice any Customer in its sole discretion.

 9. Disclaimer of Warranties

CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

DFI 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.

DFI MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES DFI 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.

CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACQUISITION OF SUCH MATERIAL AND/OR DATA.

DFI 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 CUSTOMER FROM DFI 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.

 10. Limitation of Liability

CUSTOMER AGREES THAT DFI 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 MESSAGES NOT RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF DFI 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.

 11. Indemnify and Hold Harmless

Customer agrees to indemnify and hold DFI, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Customer's use of ForeverMail, the violation of this Agreement by Customer, or the infringement by Customer, or other user of the Service using Customer's computer, of any intellectual property or other right of any person or entity.

 12. Termination

Either Customer or DFI may terminate the Service without refund with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party. DFI shall not be liable to Customer or any third party for termination of Service.

Should Customer object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with ForeverMail in any way, Customer's only recourse shall be to immediately: (1) discontinue use of ForeverMail; (2) terminate ForeverMail subscription; and (3) notify DFI of termination.

Upon termination of ForeverMail, Customer's right to use ForeverMail immediately ceases. Customer shall have no right and DFI shall have no obligation thereafter to forward any unread or unsent messages to Customer or any third party.

 13. Notice

All notices to a party to this agreement shall be in writing and shall be made either via e-mail or conventional mail. DFI may broadcast notices or messages through the Service to inform Customer of changes to the Agreement, the Service, or other matters of importance; such broadcasts shall constitute notice to Customer.

 14. Governing Law

The Agreement shall be governed by and construed in accordance with the laws of the state of Washington, excluding its conflict of law provisions.

Customer and DFI agree to submit to the exclusive jurisdiction of the courts of the state of Washington.

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 and the other provisions shall remain in full force and effect.

DFI's failure to exercise or enforce any right or provision or any other right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DFI in writing.

Customer and DFI agree that any cause of action arising out of or related to ForeverMail 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.