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Terms of Service


ACCEPTANCE OF TERMS

AKAPOST Inc. ("akapost") welcomes you. Akapost provides its service to you subject to the following Terms of Service. BY USING THIS SERVICE YOU INDICATE YOUR ACCEPTANCE OF THE TERMS OF USE SET OUT HEREIN. Akapost reserves the right to change the terms, conditions, and notices, including but not limited to the charges associated with the use of the Akapost Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the Akapost Services constitutes your agreement with Akapost to all such terms, conditions, and notices.

LAWFUL USE

As a condition of your use of the Akapost Services, you will not use the Akapost Services for any purpose that is unlawful or prohibited by these terms. You may not use the Akapost Services in any manner that could damage, disable, overburden, or impair any Akapost Service(s) or interfere with any other party's use of any Akapost Service(s). You may not attempt to gain unauthorized access to any Akapost Services, other accounts, computer systems or networks connected to any Akapost Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Akapost Services.

USE OF SERVICES

Akapost provides e-mail forwarding services designed to enable you to communicate with others without revealing your true email address. The Service will temporarily store or "spool" your email messages until they are forwarded to the specified real email address. AKAPOST certifies that this service does not log or archive the content of email messages, unless the Customer explicitly permits AKAPOST to do so for testing, debugging or spam review purposes.

You agree to use the Services only to post, send and receive messages and material that are proper. You will not:

Use the forwarding Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial). Use any material or information, including images or photographs, which is made available through the Akapost Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

You agree that Akapost may establish limits concerning use of any Akapost Service offered on an Akapost Web Site, including without limitation the maximum number of days that e-mail messages will be retained by any Akapost Service, the maximum number of e-mail messages that may be sent from or received by an account on any Akapost Service, the maximum size of an e-mail message that may be sent from or received by an account on any Akapost Service, the maximum disk space that will be allotted on Akapost's servers on your behalf, and the maximum number of times and duration you may access any Akapost Service in a given period of time.

You agree that Akapost has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Akapost Service. You acknowledge that Akapost reserves the right to log off accounts that are inactive for an extended period of time without notice.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

Akapost will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Akapost or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

TERMINATION/ACCESS RESTRICTION

Akapost reserves the right, in its sole discretion, to terminate your access to any or all Akapost Services at any time, without notice. Akapost shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party. Provisions set forth below in the sections entitled "No Warranty; Limitation of Liability" and "Indemnity" shall survive termination. Refunding of fees paid to Akapost by subscriber for loss of service due to violation of these terms is solely at the discretion of Akapost.

SUBSCRIPTION FEE

The effective date of for-fee subscriptions will be no earlier than the date and time of the creation of the subscription by the subscriber, and no later than the date and time which funds are received by AKAPOST from the subscriber or any payment processing services used in the transaction. All fees paid are non-refundable. Any requests for refunds must be made in writing and AKAPOST reserves sole discretion on the decision to grant or deny a refund.

LIABILITY DISCLAIMER

USE OF AKAPOST's SERVICES AND SYSTEM AND THE INTERNET IN GENERAL IS AT SUBSCRIBER'S SOLE RISK. AKAPOST DOES NOT WARRANT THAT ITS SERVICES AND SYSTEM WILL BE UNINTERRUPTED, ERROR FREE, FREE FROM UNAUTHORIZED INTRUSION, OR THAT AKAPOST'S SERVICES OR SYSTEM WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY; NOR DOES AKAPOST MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE OR SYSTEM OR THE INTERNET IN GENERAL. AKAPOST'S SERVICES AND SYSTEM ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL AKAPOST BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS. WITHOUT LIMITING THE FOREGOING, AKAPOST WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ALL OR ANY PART OF AKAPOST'S SYSTEM OR SERVICES, RELIANCE BY ANY PERSON ON INFORMATION OBTAINED THROUGH AKAPOST'S SERVICE OR THE INTERNET, DELETION OR LOSS OF FILES OR E-MAIL, VIRUSES, ANY DELAY OR FAILURE OF PERFORMANCE, OR UNAUTHORIZED ACCESS TO RECORDS OR FILES. THE MAXIMUM LIABILITY OF AKAPOST TO ANY SUBSCRIBER OR SUBSCRIBER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND, INCLUDING DUE TO AKAPOST'S NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER OR SUBSCRIBER TO AKAPOST DURING THE SIX MONTH PERIOD PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO EVERY SUBSCRIBER.

INDEMNITY

The subscriber agrees to indemnify and hold harmless AKAPOST, its directors, officers, shareholders, employees and its other subscribers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of subscriber's account or the subscriber's Web Site whether or not authorized.

GENERAL INFORMATION

This agreement is governed by the laws of the State of California without regard to its conflict of law provisions. You and Akapost agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, California. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Akapost will not be liable to you for any breach of these Terms of Use, which arise because of any circumstances that Akapost cannot reasonably be expected to control. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Akapost with respect to the Akapost Services.


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