SpamToad: terms and conditions

Disclaimers and Limitation on Liability.

(A) DISCLAIMER OF WARRANTIES. THE CONTENTS OF THIS SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED "AS IS," AND xlr8 Technologies, LLC MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. xlr8 Technologies, LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

(B) DISCLAIMER OF ACCURACY. xlr8 Technologies, LLC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. THIS SITE COULD CONTAIN TYPOGRAPHICAL ERRORS OR TECHNICAL INACCURACIES. xlr8 Technologies, LLC RESERVES THE RIGHT TO ADD TO, CHANGE OR DELETE ITS CONTENT OR ANY PART THEREOF WITHOUT NOTICE. ANY PRICE OR AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. ADDITIONALLY, THIS SITE MAY CONTAIN INFORMATION PROVIDED BY THIRD PARTIES, WHICH INCLUDES, WITHOUT LIMITATION, THE DOCUMENTS AND SOFTWARE. xlr8 Technologies, LLC MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION. xlr8 Technologies, LLC IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY INFORMATION PROVIDED BY SUCH THIRD PARTIES.

(C) LIMITATION ON LIABILITY. NEITHER xlr8 Technologies, LLC NOR ANY OF ITS MEMBERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN, WHICH INCLUDES, WITHOUT LIMITATION, THE MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE ANY CLAIM AGAINST xlr8 Technologies, LLC FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.

3. Links to Third Party Sites. Any other web sites that are accessible via any link on this Site are not under the control of xlr8 Technologies, LLC. xlr8 Technologies, LLC is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. xlr8 Technologies, LLC provides the linked sites to you only as a convenience and the inclusions of any such link on the Site does not imply xlr8 Technologies, LLC endorsement of the site, the organization operating such site, nor any products or services of that organization. Your linking to any off-site pages or other sites is entirely at your own risk.

4. Governing Law; Venue for any Proceedings. Any action, proceeding, dispute, claim or controversy arising out of or relating to this Site or these Terms and Conditions, or any xlr8 Technologies, LLC services offered on or accessed via the Site, shall (i) be governed by North Carolina State law and controlling U.S. federal law, without application of any choice of law rules and (ii) be subject to the exclusive jurisdiction of the courts of the State of North Carolina located in Wake County or of the United States District Court of the District of North Carolina, and you hereby submit to the jurisdiction of said courts.

5. Complete Agreement; Changes to the Terms and Conditions. These Terms and Conditions represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. xlr8 Technologies, LLC shall have the right to revise and modify the Terms and Conditions at any time by posting the revised Terms and Conditions on the Site. Any use of the Site after such posting shall be deemed to constitute acceptance of the revised Terms and Conditions by the user.

6. Indemnification. You agree to defend, indemnify, and hold harmless xlr8 Technologies, LLC its officers, directors, employees, members, agents and affiliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of the Terms and Conditions. xlr8 Technologies, LLC shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

7. Termination. xlr8 Technologies, LLC reserves the right to immediately terminate your access and use of the Site, or any services, in the event of any conduct by you or through your account which xlr8 Technologies, LLC, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of the Terms and Conditions. Without limiting the foregoing, accounts that generate excessive SPAM will be terminated immediately. Excessive SPAM is considered to be a constant flood of SPAM messages which may cause a lag or damage to xlr8 Technologies, LLC network. Also, accounts that become delinquent (overdue payments by 14-days) will be terminated. Upon termination, you agree to cease all use of this Site and xlr8 Technologies, LLC services.

8. Cancellation: You (the customer) may cancel service at anytime. Accounts cancelled up to one day before the next billing cycle will not be charged for the following month. Cancellations are not pro-rated so there are no refunds for unused portions of the month in which you cancel.

9. Definition of a 'User': Each email address (including email aliases) designated to receive mail at yourdomain.com is considered to be one 'User'.

10. Mailbox Filtering: Provides protection for one 'User' (email address) only.

11. Sub-Domains, Alias Domains, Second-Level Domains: Sub-Domains, Alias Domains and Second Level Domains are all considered FQDN's (Fully Qualified Domain Names). Each FQDN is considered to be a separate domain and will be treated as a separate account. xlr8 Technologies, LLC definition of an 'Entire Domain' covers every email address within your FQDN (except forwarded mail - see next paragraph).

12. Forwarded Mail: Mail that is forwarded to your FQDN on a permanent or consistent basis will not be filtered and in most cases will be rejected by xlr8 Technologies, LLC. Forwarding is not allowed from any domain that does not have an account with xlr8 Technologies, LLC.

12. Questions. Please contact us with any questions you have about these Terms and Conditions.