Jaguar Enhanced Mail Terms of Service


1. ACKNOWLEDGMENT AND ACCEPTANCE OF JAGUR ENHANCED MAIL TERMS OF SERVICE

Welcome to the Jaguar Enhanced Mail service (the "Service"), owned and operated by Jaguar Technology LLC (Jaguar), a service through which registered Jaguar Enhanced Mail users can pay for enhanced mail services such as anti-spam, anti-virus, and POP access as well as other features.

For clarity, Jaguar Enhanced Mail is a "Service" as defined in the Jaguar Enhanced Mail Terms of Service. Jaguar can update and change the Agreement from time to time without notice to you. The Service is provided to you under the terms and conditions of these Jaguar Enhanced Mail Terms of Service. The latest version of the Jaguar Enhanced Mail Terms of Service may be found at www.jaguartech.com/terms/MAIL_TOS.html

BY CLICKING ON THE "I ACCEPT" BUTTON, YOU AGREE
TO BE BOUND BY THIS AGREEMENT, SO PLEASE READ THE TERMS AND
CONDITIONS CAREFULLY.

3. PAYMENT TERMS.

3.1 You agree to pay for the Jaguar Services on time and in full.

3.2 You agree that all billing information you provide corresponds to an account that you are authorized to use. We are permitted to charge your account in order to collect payment for the Jaguar Services.

3.3 If any payment is more than 14 days overdue, you will cease to have the privileges reserved for paying users of the Jaguar Services for which you have registered and subscribed (although you will continue to be bound by your obligations under this Agreement).

3.4 You agree to pay an annual amount for Jaguar Enhanced Mail at the then current fee for the level of Service you choose on the date or billing. You will be automatically billed the then-current fee for that Service at the commencement of each renewal year. Fees may not be credited towards other services. Please note, unless Jaguar provides express notice otherwise, payment for the Service is non-refundable.

4. TERM AND TERMINATION.

4.1 The Service is provided on a year-to-year basis commencing on the date that you sign up for the Service. The Service will be automatically renewed on the anniversary of that sign-up date each year and the Service will be automatically renewed at the then-current fee. Jaguar will send you an email reminder notice prior to the end of the term. If you choose to cancel the Service at any time, your cancellation will take effect at the end of your billing cycle and your Jaguar mailbox will terminated. Please note that when your Jaguar mailbox is terminated, new emails will not be delivered.

4.2 Jaguar may, but has no duty to, immediately terminate the Service if you are past 14 days due on your most recent billing cycle or if Jaguar, in its sole discretion, concludes that you are engaged in fraudulent or illegal activities, or are engaged in activities that may damage the rights of Jaguar or others.

4.3 In addition, Jaguar may immediately terminate the Service if you fail to abide by the terms of this Agreement. Termination of the Service may result in the deactivation or
deletion of your Jaguar Mail account, and the forfeiture and relinquishment of all files you have accrued in your Jaguar mailbox.

5. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. JAGUAR 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.
JAGUAR MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, INCLUDING BUT NOT LIMITED TO THE PERFORMANCE OF ANY ANTI-SPAM OR ANTI-VIRUS RELATED TECHNOLOGY, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (VI) JAGUAR SHALL NOT BE RESPONSIBLE IN ANY WAY FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY EMAIL OR EMAIL CONTENTS.

6. LIMITATION OF LIABILITY.

JAGUAR SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF JAGUAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL JAGUAR BE LIABLE TO YOU FOR ANY AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE RELEVANT JAGUAR SERVICES DURING THE THREE MONTHS PRECEDING ANY INCIDENT THAT IS THE SUBJECT OF COMPLAINT OR ANY TERMINATION. THESE LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE JAGUAR SERVICES, FROM RELIANCE ON THE JAGUAR SERVICES, FROM INABILITY TO USE THE JAGUAR SERVICES, FROM LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF EMAIL, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE JAGUAR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS TO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. INDEMITY AND RELEASE

You agree to indemnify Jaguar, its affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from: (a) your use or misuse of the Jaguar Services, (b) any alleged violation of this Agreement, or; (d) from any person's use of any account or password you maintain with any portion of Jaguar Services, regardless of whether such use is authorized by you.

8. RESERVATION OF RIGHTS

Jaguar Enhanced Mail Plus and its benefits are offered at the discretion of Jaguar, and Jaguar has the right to modify or discontinue, temporarily or permanently, the
Service, in whole or in part for any reason, at its sole discretion, with or without notice to you. You agree that Jaguar will not be liable to you or any third-party for any modification or discontinuance of the Service.

9. INVALIDITY OF SPECIFIC TERMS

If any provision of these terms or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.

10. LOCATION OF LAWSUIT, CHOICE OF LAW

The Terms of Service, which apply to your use of the Services, provide that both you and Jaguar agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Baltimore, MD, USA. The Jaguar Enhanced Terms of Service, the relationship between you and Jaguar shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions.