As used throughout the following Agreement, the term "Service Provider" shall refer to Assorted, Ltd, the party providing paid POP email at http://www.assorted.com; the term "Service" refers to the paid POP email provided by Service Provider at http://www.assorted.com; the terms "we," "our," and "us" refer to Service Provider where applicable; the terms "you" and "your" refer to those utilizing the Service. The following provisions are the terms and conditions that govern your use of our Service at http://www.assorted.com.

1. Privacy Policy. Our privacy policy is incorporated into this agreement by reference. Please review our privacy policy at http://www.assorted.com/legal/privacy.php for more information about our policies and practices regarding your privacy while using our services.

2. Use of Service.The Service provided by us is intended for individual and business use. Any unauthorized commercial use or resale of the Service provided is expressly prohibited. You are responsible for providing us with complete and accurate information during the registration process. You are responsible for abiding by all local, national and international laws and regulations. Furthermore, you agree to be solely responsible for all acts and omissions carried out under your username and password, including the content of your transmissions sent through our Service. By using our Service, you agree to not engage in any inappropriate use, which includes, but is not limited to the following:

• Transmitting any content that is directed to inciting or producing imminent conduct that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable and is likely to produce such conduct;
• Harming others in any way;
• Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
• Forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the Service;
• Transmitting any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Transmitting any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or "pyramid schemes;"
• Transmitting any material that contains software viruses 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;
• Interfering with or disrupting our Service or servers or networks connected to the Service, or disobeying any requirements, procedures, policies or regulations of networks connected to the Service;
• Intentionally or unintentionally violating any applicable local, state, national or international law;
• Stalking or otherwise harassing another;
• Collecting or storing personal data about other users;
• Promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals.

If you are suspected of violating these restrictions in any way, we reserve the right to monitor, review, and disclose any information as necessary to satisfy any applicable law, regulation, legal process or government request.

3. Abuse of Service. We reserve the right to terminate any account, which we believe, in our sole discretion, is using our Service to transmit spam or other unsolicited commercial messages. You agree to be held liable for any damages incurred by the abuse of our Service. Please report suspected abusers to legal@assorted.com.

4. Links To Third Parties. We may provide links to third party web sites for your convenience and enjoyment. We do not control any content contained in these linked sites, and thus, we assume no responsibility for any content contained in these linked sites. The presence of such links site does not in any way imply our endorsement of the linked site or any association with the linked site’s operators.

5. Limitation of Liability.YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (A) ANY ACT OR OMISSION BY YOU OR YOUR AGENT (WHETHER AUTHORIZED OR UNAUTHORIZED); (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SERVICE; (C) THE NON-DELIVERY OR MISDELIVERY OF DATA INVOLVING OUR SERVICE; (D) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHERMORE, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

6. Disclaimer of Warranties. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF OUR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN OUR SERVICE WILL BE CORRECTED. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY OR OTHERWISE OF OUR SERVICE. YOU FURTHER AGREE THAT WE PROVIDE OUR SERVICES TO YOU ON AN "AS-IS," "AS-AVAILABLE" BASIS. NEITHER WE NOR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL HAVE ANY LIABILITY TO YOU FOR ANY FAILURE OR DELAY TO MAINTAIN OR PROVIDE TO YOU OUR SERVICE.

7. Indemnification. You agree to indemnify and hold Service Provider, our parents, subsidiaries, affiliates, officers and employees harmless from any claim, demand, or damages, including reasonable attorney's fees asserted by any third party due to or arising out of your use of or conduct on our Service.

8. Termination. We reserve the right to terminate all or part of our Service with or without cause at any time. Furthermore, we may terminate your account if you violate any of the terms and conditions outlined in this Agreement. If you wish to terminate your account voluntarily, your only recourse is to discontinue the usage of our Service. Upon termination of your account, your rights to use that account immediately cease, and we are freed from all further obligations to maintain the content in your account or to forward messages to and from third party service providers.

9. Modifications. We reserve the right to change or modify this Agreement at any time. In the event of a change or modification to this Agreement, we will notify you by posting an updated version of this Agreement on our web site at http://www.assorted.com. You are responsible for regularly reviewing this Agreement. Continued use of our Service after any such changes or modifications shall be taken as your acceptance to be bound by the terms and conditions set forth in the modified Agreement.

10. Entire Agreement. This Agreement constitutes the complete understanding between the parties and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, each party agrees that such provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. If necessary to effect the intent of the parties, the parties shall negotiate in good faith to amend this Agreement to replace the unenforceable language with enforceable language that reflects such intent as closely as possible.

11. Choice of Law / Venue. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE CAYMAN ISLANDS, WITHOUT REGARD TO ANY CONFLICT OF LAWS PROVISIONS. ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT OR TO YOUR OR YOUR AGENT'S USE OF OUR SERVICE SHALL BE BROUGHT EXCLUSIVELY IN THE COURTS OF THE CAYMAN ISLANDS.