Terms of Service

Terms of Service

The following terms and conditions constitute the full and complete Agreement between the user and NETDEXIA.COM COMPANY (hereinafter known as "NetDexia.com"). Use of the NetDexia.com Hosted Email, Spam Filtering, Support Services, and/or any NetDexia.com software acknowledges the user's Agreement to be bound by these terms. The terms outlined below replace any previous agreements or negotiations between the user and NetDexia.com, whether made orally or in written form, including statements made at any time by any NetDexia.com representative.

1. Email Services

In accordance with the terms of the Agreement, NetDexia.com agrees to provide spam filtering and email hosting services (collectively referred to as "Email Services"), according to the plan selected and activated by the user. NetDexia.com has the right to change, amend, and/or otherwise alter the services it provides without giving the user prior notice. The user also agrees to receive periodic updates and services. The terms of service for Email Services are set forth in Appendix A.

2. Domain Registration Services

The registration of domain names for users are governed by the NetDexia.com Registrant Agreement and Uniform Domain Name Dispute Resolution Policy ("UDRP Policy"). The terms of the Registrant Agreement and UDRP Policy are incorporated into this agreement as set forth on the following web pages:

Registrant Agreement: http://www.netdexia.com/legal/registrant-agreement.shtml
UDRP Policy: http://www.netdexia.com/legal/udrp.shtml

3. Payment of Fees

3.1 The following fees are charged when applicable and are subject to change with 14 days notice.

Services Fees

Domain Registration Fees

Product Fee

3.2 NetDexia.com reserves the right to give special offers which may or may not be more favourable than the terms into which the user originally entered. Any such offers shall not affect the existing rights and responsibilities of each party.

3.3 NetDexia.com charges periodic service fees which may be refundable as further defined elsewhere in this document. Depending upon the services ordered, NetDexia.com may charge the user for Domain Registration Fees, and reserves the right to make the charges upon notice to the user. Furthermore, NetDexia.com has the right to alter, amend or delete charges at its sole discretion. NetDexia.com further reserves the right to institute new services and charge fees with regards to the new services as it deems appropriate.

3.4 Payment of Fees: The following forms of payment are accepted: credit card (American Express, Visa, Mastercard, Discover), personal check, cashier's check, money order, bank draft, wire transfer or PayPal.

3.5 Payment by credit card

3.5.1. Before the user's account is activated, the user agrees to allow NetDexia.com to charge their credit card the agreed-upon service fee, along with any installation charges, registration fees, or any other charges further defined in this service agreement. The user further authorizes NetDexia.com to charge his or her credit card for all period fees either at a reasonable amount of time before, or at the beginning of, the period. The user will keep NetDexia.com or any of its billing partners apprised of valid credit card information for the purpose of paying NetDexia.com's fees as these fees come due. Refusal to pay any charge or portion thereof will be grounds for account suspension and/or termination at NetDexia.com's sole discretion, as described in Paragraph 8.

3.6 Payment by check

3.6.1 To pay by check, the user must submit a check in either U.S. or Canadian dollars drawn against a bank in either the U.S. or Canada. Until the amount of the check has cleared that particular bank, NetDexia.com is not obligated to initiate service. Unless the user hass established a credit account with NetDexia.com, when any subsequent fees are involved, payment is due and payable as soon as the invoice is received. In no instance is payment due later than the expiration of the last day of the previous period without regard to invoice. It is the user's responsibility to be certain that NetDexia.com receives the payment. If a check or any portion thereof is refused, rejected or returned for any reason, an administration fee of $25.00 will be assessed to the user. Furthermore, refusal, rejection or return of any such check or any portion thereof is grounds for account suspension and/or termination at NetDexia.com's sole discretion as described in Paragraph 8.

3.6.2 In order to avoid any service interruptions, it is recommended that the user submit payment to NetDexia.com in advance of the current period expiration date so that it reaches NetDexia.com before the renewal.

3.7 Refunds of fees are only made for pre-paid service fees beyond the renewal date after the Agreement is terminated (see paragraph 8.1). Refunds are pro-rated based on the number of days for which service remains as of the renewal date. NetDexia.com may also grant other refunds under circumstances it deems appropriate without waiving any other rights.

3.8 Payment by Wire Transfer

3.8.1 The user agrees to reimburse NetDexia.com all service charges incurred to receive wire payments. Wire transfers made in excess of the amount due are non refundable. The excess payment will be applied as a credit to the user's account which can be used for future services.

4. License

NetDexia.com grants the user a non-exclusive, limited, personal, non-transferable license to use the NetDexia.com Email Hosting and Spam Filtering Service for the term of the agreement, pursuant to the terms and conditions set forth in this agreement.

5. Acceptable Use

NetDexia.com strictly enforces the following terms of acceptable use set forth in this paragraph. The user agrees to maintain his or her actions in full accordance with these terms and failing to comply is cause for immediate suspension and possible termination under Paragraph 8.

5.1 The user will not violate the laws, regulations, ordinances or other such provisions of any applicable Federal, Provincial, or Municipal government.

5.2 The user agrees not to harm minors or perform any activity which could cause this kind of harm.

5.3 The user will not undertake any action which encourages or constitutes any threat of harm to any person or property.

5.4 The user will not send any advertisements, commonly known as spam. The following actions regarding spam are prohibited:

Spam includes but is not limited to bulk mailing of commercial advertisements, informational announcements, charity requests, petitions, and political or religious emails. These messages may only be sent to people who have specifically asked for them.

Forging, altering or removing electronic mail headers - any domain that sends stealth spam will be terminated without warning and without refund.

Sending "mail bombs" - defined as sending numerous copies of the same or similar messages with the intent to disrupt a server or account.

Spamming newsgroups - most newsgroups will not tolerate spam, and inappropriate postings may be grounds for account cancellation. Sending a spam message to different off-topic newsgroups is unethical.

Harassment or intimidation of others via email - harassment may include language, frequency of messages or the size of messages. A single unwelcome message may be considered harassment. If the user is asked to stop sending mail to a receiver, the user must do so immediately.

Providing spamware - Spamware is any type of software used to send spam or to gather email addresses for the purpose of sending spam. The user is also prohibited from placing links to such software on their site. To do so means the removal of or cancellation of the account.
Using the service of another provider, including but not limited to, the use of third-party address lists to promote a web site hosted by or through NetDexia.com. This is called spamvertising and this Agreement will treat this as if the spam was sent through the NetDexia.com servers.

5.5 The user will not make any type of inappropriate communication to any Newsgroup, Mailing List, Chat Room or Internet Forum.

5.6 The user is prohibited from making or attempting unauthorized access of any NetDexia.com account. This policy holds for the NetDexia.com customer accounts as well.

5.7 The user is prohibited from infringing upon any copyright, trademark, patent, trade secret, or other proprietary right of any third party including but not limited to the unauthorized copying of copyrighted material, the digitization of and distribution of photos from magazines and books, or any other copyrighted material and the unauthorized transmittal of copyrighted software.

5.8 The user will not collect or attempt to collect personally identifiable information or any person or entity without their express written consent. Records of this written consent must be kept throughout the terms of the Agreement and for three years thereafter.

5.9 The user will not undertake any action that could be or is potentially harmful to the NetDexia.com server structure.

5.10 The user will not sublease their account or offer free space to other clients unless the user has purchased a designated plan to do so.

5.11 The following uses of the account are prohibited.

Accounts cannot provide material that is grossly offensive, including blatant expressions of racism, hatred or bigotry.

Accounts cannot promote or provide instructional information about illegal activities or promote physical harm against a group or individual.

Accounts cannot be used to transmit material that exploits children under the age of 18.

Accounts cannot infringe upon any copyright, trademark, patent, trade secret, or other proprietary right of any third party including but not limited to the unauthorized copying of copyrighted material, the digitization of and distribution of photos from magazines and books, or any other copyrighted material and the unauthorized transmittal of copyrighted software.

Accounts cannot distribute information regarding creating and/or sending viruses, worms, Trojan Horses, pinging, flooding, mailbombing, or denial of service attacks, or anything that disrupts other clients' ability to use the network or any connected system.

Accounts cannot advertise, transmit or make available any software product that is designed to violate this Agreement including spam initiation software, initiation of pinging, flooding, mail bombing, denial of service or software piracy.

5.12 The user will not abuse our SMTP mail server. Abuse is defined in Appendix A

6. Term

The initial period of this Agreement shall be one (1) month with automatic renewal for additional months after the expiration of the initial term. NetDexia.com reserves the right to accept pre-payment of renewal periods and may occasionally offer incentives for such pre-payment. The term of the Agreement will however, remain one (1) month.

7. Ownership of Intellectual Property and Confidentiality

7.1 The user acknowledges that all right and title to any NetDexia.com intellectual property - which includes but is not limited to NetDexia.com customer service and maintenance tools - remains the property of NetDexia.com. The user has no right, title or interest therein. The user also agrees that he or she will not provide access to these services to any third party. Further, the user agrees not to assist any third party in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, license, distribute, market or otherwise dispose of any portion of the NetDexia.com services. NetDexia.com retains any and all rights or titles to any engineering, coding, programming or customer service work or other modification of the NetDexia.com service.

7.2 During the term of this agreement, the user will likely have access to certain information and materials relating to the NetDexia.com business, customers, software technology, and marketing which are treated as confidential (hereinafter "Confidential Information"). The user agrees to at all times during the term of this Agreement and otherwise as set forth in this Agreement to (a) hold this information in confidence and not disclose or reveal it to any person or entity without the express prior written consent of NetDexia.com; and (b) not to use or disclose any confidential information for any purpose at any time other than pursuant to the user's rights under the Agreement for the purpose intended. The user's obligation to protect confidential information will continue for as long as the information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement if the confidential information involved is not a trade secret.

8. Suspension and Termination

8.1 Suspension - At the sole discretion of NetDexia.com, for any reason outlined in this Agreement, or in the event the user breaches any term of this Agreement including but not limited to Section 4 (Payment policy) and Section 3 (Acceptable Use Policy), NetDexia.com may deactivate the user's account by deactivating any access by the user or by web users to any information posted by the user on their NetDexia.com account. Suspension shall specifically include the disabling of the user's domain and/or access to information or data related to the breach. In the event of any such suspension, the user will be notified and given an opportunity to correct such a breach. In the event that it is not corrected in ten (10) days the account may be terminated. Service charges will continue to accrue on suspended accounts as if they were not suspended. The user is responsible for any charges during such a period of suspension.

8.2 Termination - This Agreement in its entirety will remain in full force and effect until it is terminated. Termination includes the removal of any and all of the user's information from the NetDexia.com servers. Such information or data may or may not be made available to the user after such a termination. This Agreement may be terminated either (a) after a suspension period or (b) by either party upon 30 days notice in advance of a renewal period for any reason.

8.3 In the event of termination, there will be no refund provided to the user. In addition, NetDexia.com may charge the user an additional termination fee not to exceed $100.00 at its discretion. This fee will not affect the rights of NetDexia.com to recover losses, damages, indemnity, defense costs, collection costs, and/or attorneys fees or other costs of any kind that may be applicable under laws of the Province of Ontario.

8.4 In the event of any termination any services fees paid in advance beyond the next renewal date following the notice period will be refunded to the user. This refund will not include any installation fees, Domain Registration fees or other fees which are all non-refundable.

9. Survival

Sections 2, 3, 4, 7, 8, 10, 11, 12, 14, 15, 16, 17, and 18 shall survive the termination of this Agreement and shall remain in full effect after any such termination.

10. Notice

10.1 NetDexia.com will send any notice to the user via email at the address provided by the user to NetDexia.com at the beginning of the Agreement or as NetDexia.com is subsequently advised. Notice to the user at this email address is deemed sufficient regardless of the user's receipt of such email. If the user wishes to update the email address, NetDexia.com should be contacted by email through the following address: clients@NetDexia.com.net.

10.2 Any notice from the user to NetDexia.com shall be made via certified mail to the following address:

NETDEXIA.COM COMPANY

11. Warrantees and Limitations

11.1 NetDexia.com will make every reasonable effort to ensure the operation of the NetDexia.com service. However, due to many events that are beyond the control of NetDexia.com, NetDexia.com does not in any way warrant or otherwise guarantee the availability of the NetDexia.com system or servers and is in no way responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues, due either to the active or passive negligence of NetDexia.com.

11.2 THE NetDexia.com SERVICE IS PROVIDED ON AN "AS-IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

11.3 In general, NetDexia.com has no control over information contained on the Internet. Information obtained from the user over the Internet may be inaccurate, offensive, or in some cases even illegal. NetDexia.com accepts no responsibility for what the user receives from the Internet. The user must verify the accuracy, legality, and ownership of the information received on the Internet, as well as the reputation of the individuals with whom they may deal. NetDexia.com provides no warrantee for any goods or services that are obtained over the Internet nor the compatibility of any such services with the NetDexia.com system.

11.4 The user waives any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is actually infringing.

11.5 THE TOTAL REMEDY AVAILABLE TO THE USER AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICES FEES PAID BY THE USER TO NetDexia.com IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEMDY. IN NO EVENT SHALL NetDexia.com BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, OR LOSS OF BUSINESS S THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.

12. Assignment

This Agreement is not transferable or assignable except that NetDexia.com may assign its rights hereunder to anyone or any entity who shall become a principle owner or shareholder of NetDexia.com. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.

13. Force Majeure

14. Indemnity

14.1 The user agrees to fully indemnify and defend and hold harmless NetDexia.com from any and all third party claims, causes of action, demands, costs, damages, including both direct and consequential damages, specifically including attorneys fees, and costs, expert fees and costs and mediation and/or arbitration fees, and costs incurred (whether paid or not) as the result of any breach or claim of breach of this Agreement or negligence whether active or passive or any negligence of NetDexia.com in any way related to the user's use of the service or any portion thereof.

14.2 The user agrees to fully defend and indemnify and hold harmless NetDexia.com from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property of any third party which is in any way related to the user's NetDexia.com account or any part thereof. Choice of counsel remains exclusively that of NetDexia.com.

14.3 The user agrees that upon assignment of a user ID and password that the account information will remain confidential and the user assumes all responsibility of any loss, theft or other destruction of any data as the result of any access to the user's account via the use of the user ID. The user further agrees to defend and indemnify and hold NetDexia.com from any and all third party claims, causes of action, demands, NetDexia.com costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential user ID and Password information. Choice of counsel remains that of NetDexia.com.

15. Choice of Law

This Agreement is interpreted under the laws of the Province of Ontario without regard to any conflict of law provisions. Any action between the parties to this agreement for the breach of the agreement or any action or claim in any way relating thereto shall be venued in the Courts of the Province of Ontario, Regional Municipality of Peel. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defence of any kind related to jurisdiction or venue.

16. No Agency

NetDexia.com is not the agent, partner or joint venturer in any respect of the user.

17. Severability

If any term, clause or provision hereof is ruled by a court of competent jurisdiction to be invalid, such invalidity shall not affect the validity or operation of any other term, clause or provision, and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

18. Amendment

NetDexia.com may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the NetDexia.com web site in place of the old. Each and every such amendment shall become effective immediately for all pre-existing and future accounts.

Appendix A

In consideration of the mutual promises herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

TERMS OF SERVICE
NETDEXIA.COM COMPANY (here in referred to as “NetDexia.com”) provides its email services to the end user (“you”, “your”), subject to the terms of service set out in this agreement ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.netdexia.com/. In addition, when using particular NetDexia.com services, you are subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
DESCRIPTION OF SERVICE
Your payment obligations with regard to the Service are as set out in your subscription application.
(a) NetDexia.com currently provides users with access to the email service with the functionality described in your subscription application (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that neither NetDexia.com nor its suppliers assume responsibility for the timeliness, deletion, mis-delivery, non-delivery or failure to store or accurately store, any user communications, addresses or personalization settings.
(b) You are responsible for obtaining access to the Service and that access may involve fees to NetDexia.com or third party fees (such as Internet NetDexia.com or airtime charges).
(c) You must provide and are responsible for all equipment necessary to access the Service.
CERTAIN SUBSCRIPTION OBLIGATIONS
You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's subscription form ("Subscription Data"); and (b) promptly update the Subscription Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or NetDexia.com or its suppliers have reasonable grounds to suspect this, NetDexia.com or its suppliers have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof), including any transition rights.
NetDexia.com is concerned about the safety and privacy of all its users, particularly minors. For this reason, if you wish to allow anyone else access to the Service, you should assist them in setting up any relevant accounts and supervise their access to the Service. Allowing anyone access, means s/he will be able to access all components of the Service. As the subscriber, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below), which may be delivered to you, are appropriate for any person to whom you allow access.
NETDEXIA.COM PRIVACY POLICY
Subscription Data and certain other information about you is subject to our Privacy Policy attached as Exhibit 1.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You may receive a password and account designation upon completing the Service's subscription process. You are responsible for maintaining their confidentiality, and for all activities that occur under your password or account. You agree to (a) immediately notify NetDexia.com of any unauthorized use of your password or account or any other breach of security, and (if applicable); and (b) exit from your account at the end of each session. NetDexia.com, and its suppliers, cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
MEMBER CONDUCT
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), transmitted over the Service, by you or others using your account are your responsibility. You, and not NetDexia.com, are entirely responsible for all Content that you, or others to whom you provide access, send, post, or otherwise make available via the Service. NetDexia.com does not control the Content made available via the Service and, as such, does not guarantee the accuracy, integrity, quality or appropriateness of such Content for any particular viewer. By using the Service, you may be exposed to Content that is offensive, indecent or objectionable, including spam, or which may contain viruses, and other destructive elements. Under no circumstances will NetDexia.com or its suppliers be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use or viewing of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use (or permit others to use) the Service to:
(a) send, post, email, transmit or otherwise make available (collectively “send”) any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) send any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, without limitation, inside information, proprietary and confidential information);
(f) send any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
(g) send any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation, or otherwise violate our abuse policy attached as Schedule B;
(h) send any material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local, provincial, state, national or international law, including, but not limited to, rules, orders and regulations having the force of law;
(k) violate applicable laws regarding transmission of technical data exported from the country in which you reside;
(l) take any action that imposes an unreasonable or disproporionately large load on the NetDexia.com or its suppliers; or
(m) "stalk" or otherwise harass another.
You agree NetDexia.com and its suppliers do not, and NetDexia.com agrees it, and its suppliers, shall not without cause, pre-screen Content, but shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service, including without limitation any Content that violates the TOS or is otherwise objectionable. You agree to evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content, and acknowledge that you may not rely on any Content created by, or submitted to, NetDexia.com.
You agree NetDexia.com (or its suppliers) may preserve and disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of NetDexia.com, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
INDEMNITY
You agree to indemnify and hold NetDexia.com, and its suppliers, and NetDexia.com’s and its suppliers’ affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
GENERAL PRACTICES REGARDING USE, STORAGE AND SERVICE MODIFICATION
You agree that NetDexia.com or its suppliers: a) may establish general practices and limits concerning use of the Service, including without limitation, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time; b) have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service; c) reserve the right to log off accounts that are inactive for an extended period of time; d) reserve the right to change these general practices and limits at any time, in its or their sole discretion, with or without notice; e) reserve the right at any time and from time to time to modify, temporarily or permanently, the Service (or any part thereof) with or without notice; f) may supply any or all of the Software or Service on its own behalf, or as a sublicensor or reseller on behalf of a third party supplier, and may substitute such third party suppliers without notice; g) may quarantine suspected messages; h) may modify any domain and user settings with or without notice, including without limitation, altering settings so that spam or bulk email is denied, rather than being quarantined, to avoid space capacity issues which jeopardize the technical or economic viability of the services offered, or the system used to implement the services; i) will not permit open relay(ie third party relay of email messages); shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service which may occur for routine maintenance, routine or extraordinary repairs, or the need to respond to a virus or other attack on the system or using the system.
TERMINATION AND SUSPENSION
You agree that NetDexia.com, in its sole discretion, may (or may instruct its suppliers to), suspend or terminate your password, account (or any part thereof) or use of the Service, remove and discard any Content within the Service, deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service, discontinue providing the Service, or any part thereof, with or without notice if NetDexia.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS, and have not either cured the breach (if curable) or provided a satisfactory undertaking to NetDexia.com or the applicable authorities, within five (5) business days of receiving a notification of the breach, or for maintenance purposes. Further, you agree that NetDexia.com shall not be liable to you or any third-party for any termination or suspension of your access to the Service.
DEALINGS WITH THIRD PARTIES
Your interaction with third parties, including (without limitation): participation in promotions of, advertisers found on or through the Service, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties, and that NetDexia.com and its suppliers shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the presence of such third parties on the Service.
NETDEXIA.COM'S PROPRIETARY RIGHTS
You agree the Service and any necessary software used in connection with it ("Software" contain proprietary and confidential information protected by applicable intellectual property and other laws, including but not limited to copyright, and trade and service mark protections, and is owned by NetDexia.com or its suppliers. NetDexia.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer, provided you do not (and do not allow any third party to) reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software or Service, copy, modify, rent, lease, loan, sell, distribute, or create derivative works of or based on, the Service or the Software, in whole or in part, or use modified versions of the Software, including (without limitation) to obtain unauthorized access to the Service. You agree not to access the Service by any means other than through the interfaces provided by or through NetDexia.com for use in accessing the Service.
DISCLAIMER OF WARRANTIES, REPRESENTATIONS AND CONDITIONS
(a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NETDEXIA.COM AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) NETDEXIA.COM AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SERVICE OR SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL TRANSMITTED, RECEIVED, DOWNLOADED OR OTHERWISE OBTAINED OR SENT, THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE OPENING, DOWNLOAD OR SENDING OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NETDEXIA.COM OR ITS SUPPLIERS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
(e) YOU ACKNOWLEDGE THAT: A) AS VIRUSES ARE FREQUENTLY CREATED AND DISTRIBUTED, THE ANTIVIRUS COMPONENT OF THE SERVICE IS INTENDED TO DETECT ONLY SPECIFIC KNOWN VIRUSES AND SOME UNKNOWN VIRUS BEHAVIOR PATTERNS. THERE IS NO WARRANTY THAT THE SERVICE WILL DETECT ALL VIRUSES PRESENT ON OR SENT TO YOUR COMPUTER SYSTEM, NETWORK OR EMAIL SERVER; YOUR RESPONSIBILITIES INCLUDE TO ENSURE YOU HAVE SUFFICIENT BACK-UP SYSTEMS IN PLACE; AND B) AS PURVEYORS OF SPAM ARE CONSTANTLY SEEKING TO EVADE SYSTEMS DESIGNED TO BLOCK BULK EMAIL (ALSO KNOWN AS SPAM OR JUNK EMAIL), AND AS A USER MAY NOT WISH ALL BULK EMAIL TO BE BLOCKED, THE BULK EMAIL COMPONENT OF THE EMAIL SERVICE WILL NOT DETECT OR BLOCK ALL BULK EMAIL, AND MAY ADDITIONALLY BLOCK EMAIL WHICH YOU DID NOT WISH TO HAVE BLOCKED. THERE IS NO WARRANTY THAT THE SERVICE WILL BLOCK ALL BULK EMAIL, OR ONLY BLOCK THE BULK EMAIL YOU DESIRE TO BE BLOCKED.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NETDEXIA.COM AND ITS SUPPLIERS, SHALL NOT BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES (EVEN IF NETDEXIA.COM OR ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. LIABILITY FOR DIRECT DAMAGES SHALL BE LIMITED TO A MAXIMUM OF THE FEES YOU HAVE ALREADY PAID TO NETDEXIA.COM FOR THE MONTH IN WHICH THE EVENT GIVING RISE TO THE LIABILITY OCCURRED.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions bar limitation or exclusion of certain warranties, representations and conditions or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of this Agreement may not apply to you.
NOTICE
Notices to you may be made via email, fax, courier or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
TRADEMARK INFORMATION
Without NetDexia.com's prior permission, you agree not to display or use in any manner, the NetDexia.com’s or its suppliers’ trademarks or service marks.
GENERAL INFORMATION
Your subscription form (e.g. covering your term, method of payment, price etc.) and this TOS, constitute the entire agreement between you and NetDexia.com and govern your use of the Service, superseding any prior agreements between you and NetDexia.com related to email services. Additional terms and conditions may apply when you use other services (such as domain name registration services), third-party content or software. The TOS and the relationship between you and NetDexia.com shall be governed by the laws of the province of Ontario and where applicable, the federal laws of Canada, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Mississauga, Ontario, Canada. The failure of NetDexia.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS and schedules are for convenience only and have no legal or contractual effect.

Exhibit 1 – Privacy Policy

Please read the following to learn more about our Email Service privacy policy.
What this Privacy Policy Covers:

This Privacy Policy covers NetDexia.com's treatment of personally identifiable information that NetDexia.com collects when you are on the NetDexia.com site, register for, or use, the Service, and NetDexia.com’s review of the Content you send or receive.
This policy does not apply to the practices of companies that NetDexia.com does not own or control, or to people that NetDexia.com does not employ or manage.

(a) Information Collection

NetDexia.com collects personally identifiable information when you register for a NetDexia.com account.
Information Sharing and Disclosure
Except as required by law, NetDexia.com will not sell or rent your personally identifiable information to anyone without your consent.
NetDexia.com will send personally identifiable information about you to other companies or people when:
We have your consent to share the information;
We need to share your information to provide the product or service you have requested;
We need to send the information to companies who work on behalf of NetDexia.com to provide a product or service to you. (Unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us.);
We respond to subpoenas, court orders or legal process; or
We find that your actions violate the TOS or any of our usage guidelines for specific products or services.

(b) Security

Your NetDexia.com Account Information is password-protected for your privacy and security.
In certain areas NetDexia.com uses industry-standard SSL-encryption to protect data transmissions.
Changes to this Privacy Policy
NetDexia.com may edit this policy from time to time. If we make any substantial changes we will notify you by posting a prominent announcement on our pages.
Exhibit 2 to EULA - Abuse Policy

Internet Abuse – Any type of Internet Abuse, including what is commonly referred to as Spam is strictly forbidden.
Internet Abuse includes, but is not limited to the following:

Sending a unsolicited chain letter or letters that market a product or service;
Sending any unsolicited emailings exceeding twenty-five (25) email recipients;
Using the service in any manner so as to harass, threaten, abuse, embarrass, or cause distress, unwanted attention or discomfort to any person or entity;
Using the service in violation of the law, in aid of any unlawful act or to interfere with the use and operation of our network.
In the event of Internet Abuse event or complaint, the offending email account will be suspended and the Domain Admin will be notified.
In the event, a second Internet Abuse event or complaint occurs within a period of thirty (30) days, the entire domain will be suspended and the Domain Admin will be notified.