TERMS OF USE

Paidmail Web site Terms of Use and Notices

Last Updated: October 2002

AGREEMENT BETWEEN YOU AND THE Paidmail

The Paidmail Web Site and Mail Service is made up of various Web sites and Web pages operated by the Paidmail, Canada or its affiliates (collectively, the "Paidmail Web Sites"). This Terms of Use and Notices applies to the Paidmail Web Site and Paidmail Mail Service and does not apply to the content of third parties.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Paidmail SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE Paidmail SITES/SERVICES AND TO THE INFORMATION THEREIN. Paidmail AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Paidmail SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE Paidmail 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.

Paidmail 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 Paidmail SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Paidmail 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 Paidmail 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 Paidmail SITE/SERVICE. YOU SPECIFICALLY AGREE THAT Paidmail 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 Paidmail IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN Paidmail SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL Paidmail 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 Paidmail SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE Paidmail 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 Paidmail SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE Paidmail SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Paidmail 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 Paidmail SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Paidmail SITES/SERVICES.

CONSUMER DISCLOSURES AND CONSENTS FOR ELECTRONIC INFORMATION

Disclosure to Receive All Information in Electronic Form

ALL INFORMATION THAT Paidmail IS REQUIRED BY LAW TO SEND TO YOU REGARDING THE SUBSCRIPTIONS, SERVICES AND OTHER ITEMS PROVIDED TO YOU UNDER THIS AGREEMENT, INCLUDING ANY BILLING AND PAYMENT INFORMATION (COLLECTIVELY REFERRED TO AS "REQUIRED INFORMATION"), AND ANY OTHER INFORMATION PROVIDED TO YOU FROM Paidmail, WILL BE PROVIDED TO YOU IN ELECTRONIC FORM ONLY. Paidmail WILL PROVIDE ALL REQUIRED INFORMATION TO YOU IN ELECTRONIC FORM EITHER: (1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFY DURING YOUR SIGN-UP FOR SUBSCRIPTIONS, SERVICES OR OTHER ITEMS UNDER THIS AGREEMENT; (2) BY ACCESS TO A Paidmail WEB SITE THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE; OR, (3) TO THE EXTENT PERMISSIBLE BY LAW, BY ACCESS TO A Paidmail WEB SITE THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE.

Consent to Receive All Information in Electronic Form

YOU AGREE THAT BY ACCEPTING THE TERMS IN THIS AGREEMENT, YOU CONSENT TO RECEIVE REQUIRED INFORMATION, AND ANY OTHER INFORMATION PROVIDED TO YOU FROM Paidmail, SOLELY BY ELECTRONIC COMMUNICATION. YOU ALSO CONFIRM THAT YOUR COMPUTER SATISFIES THE HARDWARE AND SOFTWARE REQUIREMENTS STATED ABOVE FOR RECEIVING, ACCESSING, DISPLAYING, PRINTING, AND STORING COPIES OF SUCH REQUIRED INFORMATION, AND YOU CONFIRM THAT YOU HAVE PROVIDED Paidmail A CURRENT E-MAIL ADDRESS FOR RECEIVING REQUIRED INFORMATION.

YOU MAY WITHDRAW YOUR CONSENT OR UPDATE YOUR E-MAIL ADDRESS BY SENDING AN EMAIL TO MAILSERVICE/engineering AND FOLLOWING THE INSTRUCTIONS WITHIN. HOWEVER, IF YOU CHOOSE TO WITHDRAW THIS CONSENT, Paidmail MAY TERMINATE YOUR BILLING ACCOUNT AND ANY SUBSCRIPTIONS, SERVICES OR OTHER ITEMS PROVIDED TO YOU UNDER THIS AGREEMENT.

You hereby irrevocably consent to Paidmail to manage, cancel and charge for this service.

Terms and Conditions

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By signing up and actively using the Paidmail Mail Service program you agree to all terms and conditions set forth in this agreement. Paidmail Mail Service may, at any time, choose to edit, add and/or delete portions of this agreement and impose changes without prior notification of its members. Members will be informed of any and all changes to this policy via an email to their primary contact email address provided upon signing up with Paidmail Mail Service. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the Paidmail Mail Service program following our posting of a change in policy notice or new agreement on our site will constitute binding acceptance to the change.

Responsibility of Members:

• You must be 18 years of age or older. Minors must have parental consent to participate in this program.
• Our program is open to both US and International members and is void where prohibited by local governing laws.
• You agree to and must use your own name and email address in the sign-up process and may not assume a false identity. You may not signup multiple times with different email addresses.
• Your computer must not be shared with another individual that has an existing Paidmail Mail Service account. You will use your email address / password combination to access your account, it is your responsibility to keep this information confidential, you may change this information by logging into your Paidmail Mail Service account and pressing the change information link.
• Any solicitation of advertisers for a confirmation email for purposes of receiving credit in your account will be grounds for immediate termination. You are solely responsible for any and all use of your Paidmail Mail Service account including authorization by you to any third party individual who may use your account. Should any instances of fraud, system abuse, or any type of activity deemed to be inappropriate or illegal by Paidmail Mail Service be detected it may result in member termination and possible legal action.
• You must maintain your email account that you used when signing up Paidmail Mail Service. You agree to receive email advertising from Paidmail Mail Service, unlimited per day. In the event your email account on file becomes closed or blocked for 7 (seven) or more days to messages from Paidmail Mail Service your account will be terminated and you will forfeit all prior earnings. In the event your email account on file is full for 7 (seven) consecutive days your account will be terminated and you will forfeit all prior earnings.
• You should receive and read and enter code for at least 3 paid mail per month. Otherwise Paidmail Mail service can close your account
• You can not signup multiple times for the same mail address.

Relationship of the Parties:

• You and Paidmail Mail Service are independent contractors, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and Paidmail Mail Service.
• You understand that you do not have authority to make or accept any offers or make any representations on behalf of Paidmail Mail Service. You may not make any statement, whether on your site or otherwise, that would contradict anything in this section. You are solely responsible for the reporting and payment of any taxes for money earned while using the Paidmail Mail Service program.

Payments:

• Members may earn by receiving paid-emails and entering their member ID and mail code pair in the area on the web site provided by Paidmail Mail Service.
• Members may earn by referring new members to the Paidmail Mail Service program.
• Members will earn $0.01 of each earned mail by their direct referrals up to 4 levels.
  Members will be paid via check. Paidmail Mail Service will pay members when their balance reaches $100 (after the deduction of the payment costs) and they request payment. Check processing fee $10
• Each redeem requires at least $1.5 on personal earnings. Payments will be made within 45 days or a reasonable time after.
• There will be no earning for the mails that are read after the expiration day.
• You will get %10 of the net profit of each campaign you referred.
• The Advertisers will be refunded of the unused balance of the campaign on the expiration date. There will be no refund for the campaigns without expiration date. Expiration date can not exceed 1 year from the date campaign is launched.
• Campaign mails will be selected starting form the lowest charge mail in ascending charge order.

Spam:

You may not promote your referral links through unsolicited emailing (i.e. SPAMMING), newsgroup postings, or any other method of mass communication. Failure to comply will result in immediate termination of your membership with Paidmail Mail Service and may result in legal prosecution. Paidmail Mail Service strictly enforces anti-spamming laws. Spamming is a federal crime. Any member caught spamming will not only have their account terminated immediately and lose any past, present and future earnings, but shall also be held liable for Spamming as we shall cooperate with any authorities and investigations that may arise from the Spamming incident. Paidmail Mail Service may charge up to per spam email sent. Multiple signups shall be grounds for immediate termination of all involved accounts. Signing up multiple times from the same computer also constitutes fraud. Paidmail Mail Service will file charges for recovery of any earnings received from multiple signups.