TVMail.com registers requests for specific names on a first come, first served basis. We do not determine if the use of a name may infringe on the right of a third party. Consequently, as an express condition and a material inducement for the grant of a request to register a name for an email address you are responsible for all legal liability in connection with its use.

AGREEMENT

The TVMail Service (as defined below), owned and operated by TVMail.com, a division of International Dog Productions, Inc. D/B/A Cool-URL Communications, a California corporation ("TVMail"), is provided to you ("you" or "User") under the terms and conditions of this TVMail License Agreement (this "Agreement") and any operating rules or policies that may be published by TVMail on its website from time to time or sent to you be email. This Agreement comprises the entire agreement between TVMail and User and supersedes all prior agreements between the parties regarding the subject matter contained herein. YOU MUST AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT ANY MODIFICATION OR CHANGES. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

2. DESCRIPTION OF SERVICE.

TVMail operates, markets and services an online computer email service (the "Service"); and User desires to license the use of an email address ("Address"). TVMail is licensing to User on a non-exclusive basis for the term described below the use of the Address. TVMail may terminate the User's use of the Address under certain circumstances as provided below.

3. MODIFICATIONS TO TERMS OF SERVICE

TVMail may change the terms and conditions of this Agreement from time to time. Upon any change in the terms and conditions of this Agreement, TVMail will notify you by posting the changes on its website. User's continued use of the Service constitutes an affirmative: (1) acknowledgment by you of this Agreement and its modifications; and (2) agreement by you to abide and be bound by this Agreement and its modifications.

4. MODIFICATIONS TO SERVICE

TVMail reserves the right to modify or discontinue the Service with notice to you. TVMail shall not be liable to you or any third party should TVMail exercise its right to modify or discontinue the Service.

5. TERM OF AGREEMENT.

The term of this Agreement shall be one year beginning today. Either party may terminate the Agreement by giving written notice by mail or email of their intent to terminate, not less than thirty (30) days prior to the first year anniversary of this Agreement. On the anniversary hereof, this Agreement shall automatically be renewed on an annual basis, according to the same terms and conditions herein including any subsequent alterations or modifications, unless prior notice of cancellation was given.

Time is of the essence and User's failure to send such notice of cancellation shall result in TVMail charging your annual fee to the credit card you have provided to TVMail. In the event TVMail is unable to charge your annual fee to the credit card you have provided to TVMail (or if you paid by check), TVMail will send you an email informing you of such failure, and if you do not make such annual payment by 3:00 p.m. Pacific Standard Time on the fifteenth (15th) day following such notice, TVMail shall automatically terminate your Services and you will lose your Address without any further notice or action by either party.

6. PRIVACY POLICY

Email is private correspondence between the sender and the recipient.

It is TVMail's policy to respect the privacy of its User's. Therefore, TVMail will not monitor, edit, or disclose the contents of a User''s private communications unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on TVMail; (2) protect and defend the rights or property of TVMail; or (3) act under exigent circumstances to protect the personal safety of its user's or the public.

You acknowledge and agree that TVMail neither endorses the contents of any User communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.

You acknowledge and agree that certain technical processing of email messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements.

7. USER'S REPRESENTATIONS AND COVENANTS.

1. You represent that you are at least eighteen (18) years old.
2. Your statements in the registration application are true and you have the right to use the name you requested for your email address;
3. The use of your email name does not interfere with or infringe the rights of any other person with respect to any trademark, service mark, trade name, company name, individual likeness or other intellectual property rights or any other rights; and
4. You will not use the name for any unlawful purpose including, without limitation, tortuous interference with contracts or prospective business advantage, unfair competition, injuring the reputation of another, or for the purpose of confusing or misleading any person or individual.
5. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. You agree: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.
6. The Service makes use of the Internet to send and receive certain messages; therefore, User's conduct is subject to Internet regulations, policies and procedures. User will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
7. You agree not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
8. You acknowledge and agree that the statements, representations, agreements and covenants set forth herein are reasonable and necessary to induce TVMail to assign and license an email address to you.

8. THE COST AND FEES OF SERVICES.

User agrees to pay in accordance to the prices published for licensing the use of TVMail's email addresses. Payment shall be made by check or credit card. User hereby expressly authorizes TVMail or its agent Cool-URL Communications to charge User's credit card for all fees hereunder, including any renewal periods, without further notice or authorization.

9. DISCLAIMER OF WARRANTIES

USER EXPRESSLY AGREES THAT USE OF THE SERVICE AND THE INTERNET IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TVMAIL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

TVMAIL MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES TVMAIL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS MADE AS TO THE SUITABILITY OR APPLICABILITY OF THIS COMMUNICATION SERVICE FOR ANY PURPOSE WHATSOEVER.

USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

TVMAIL MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM TVMAIL OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10. LIMITATION OF LIABILITY

TVMAIL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF TVMAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TVMAIL'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE AMOUNT PAID FOR YOUR MONTHLY ACCESS TO SUCH SERVICE.

YOU AGREE THAT ANY CAUSE OF ACTION ARIRSING OUT OF OR RELATING TO THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. INDEMNIFICATION

You agree to indemnify and hold harmless TVMail, its parents, subsidiaries, affiliates, officers and employees, from any claim, demand, expense, liability, including, but not limited to, reasonable attorneys' fees and other expenses of litigation, incurred due to or arising out of User's use of the Service, the breach of this Agreement by User, or the infringement by User, or other user of the Service using User's computer, of any intellectual property or other right of any person or entity.

12. TERMINATION

You agree TVMail.com shall have the right to withdraw or suspend an email name or address from use and registration of its Service upon TVMail.com's good faith determination that User's use of the registered name in its email address violates the rights of a third person. TVMail may, at its sole discretion, immediately terminate Service should User's conduct fail to conform with the terms and conditions of this Agreement.

Should User object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate using the Service; and (3) notify TVMail of termination.

Upon termination of the Service, User's right to use the Service immediately ceases. User shall have no right and TVMail will have no obligation thereafter to forward any unread or unsent messages to User or any third party.

13. DECISIONS REGARDING EMAIL NAME

Applicant acknowledges and agrees that TVMail may act as a arbiter of disputes arising out of the registration and use of any name or email address.

14. PROPRIETARY RIGHTS

User acknowledges it is not purchasing any goods or products, but is merely licensing a specific Address during the term of this Agreement. At all times and for all purposes hereunder, TVMail shall retain the exclusive ownership of all Addresses and it's rights to the use of any internet domain names utilized as the common group portion of the Address. In the event this Agreement is terminated for any reason, User shall not have any continuing rights, title or interests in such Address or name.

15. NO RESALE OR COMMERCIAL USE OF THE SERVICE

User's right to use the Service is personal to User. User agrees not to resell or make any commercial use of the Service, without the express consent of TVMail. User acknowledges that the rights to the use of any Address assigned by TVMail, shall be made for the sole benefit of User. User shall not sell, assign, sub-lease or allow a third party to use its Address, such action will be considered a material breach of this agreement, resulting in its immediate termination.

16. CHOICE OF LAW.

This Agreement shall be interpreted and enforced pursuant to the laws of the State of California. In the event of a dispute, the parties agree and consent that any action shall be brought in Los Angeles, California. Specifically, the parties agree Los Angeles is a proper venue and hereby waive any objections or defenses to such jurisdiction and venue. In the event either party retains legal counsel to enforce any of the provisions of this Agreement, the party against whom judgment is rendered shall pay all reasonable expenses, costs and attorneys fees incurred by the other party.

17. MISCELLANOUS.

This Agreement constitutes the entire agreement between the parties and supersedes any and all prior agreements, written or oral. Provided, however the statements, representations, terms and conditions contained in the email ADDRESS REGISTRATION APPLICATION are incorporated herein and are made a part of this agreement as if they were set forth in their entirety herein. Further, TVMail may revise or amend this Agreement at any time, and such revisions or amendments shall become effective immediately upon notifying you by email of the revised or amended terms. If any revision or amendment to these terms are unacceptable, you may terminate this Agreement and receive a refund of the unused portion of your annual fee. Your failure to send notice of cancellation and the continued use of this Service following your receipt of notice of any revision or alteration shall be conclusive evidence of your consent and acceptance of the new terms and conditions.

If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions hereof shall remain in full force and effect.

TVMail's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TVMail in writing.