Terms and Conditions

Please read these terms and conditions of use (the "Terms of Use") carefully before using this site. These terms of Use are legally binding on you. If you do not agree with all of these terms, do not access or otherwise use this site or any information contained on this site. Your use of this site shall be deemed to be your unconditional agreement to follow and be bound by each of the terms set forth below.

We reserve the right to update or modify these Terms of Use at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms of Use as changed. For this reason, we encourage you to review these Terms of Use whenever you use this Site. These terms were last revised on March 20, 2006.

1. OWNERSHIP

This web site located on the World Wide Web at www.skymail.net (the "Site") is the copyrighted property of Pacific DataVision, Inc. ("PDV") and/or its various third party providers and distributors. Except as expressly permitted, none of the software, content or data found on this Site may be reproduced, republished, distributed, sold, leased, subleased, transferred, transmitted, published or modified without the express written permission of PDV and/or its third party providers and distributors. SkyMail is a registered service mark of Pacific DataVision, Inc. In addition, any other trademarks, logos and service marks displayed on this Site (collectively, the "Trademarks") are the registered and/or common law trademarks of PDV, its affiliates, and various third parties. Nothing contained on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the prior written permission of PDV or such other party that may own the Trademarks.

2. SERVICES AGREEMENT

Any products or services offered by PDV shall be made available only pursuant to an agreement between PDV and you or your employer. Subscribers to the SkyMail family of services will enter into a Subscriber License Agreement that will contain terms in addition to these Terms of Use. In the event of any conflict between these Terms of Use and the Subscriber License Agreement, the terms of the Subscriber License Agreement shall control.

3. RESTRICTIONS ON USE

You will not, and will not permit or assist others to,
(a) reverse engineer, de-compile, disassemble, or otherwise attempt to derive the source code form or structure of any software or content contained on this Site;
(b) assign, share, timeshare, sell, rent, lease, or otherwise transfer the software or content contained on this Site.
(c) E-mail or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(d) E-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation,
(e) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Your use of the software and content contained on this Site may be subject to restrictions set forth in one or more license agreements between PDV and third party providers and distributors. All rights not expressly granted to you herein are reserved to PDV or the third party providers and distributors. There are no implied rights.

4. PASSWORD ACCESS

Access to this Site or to certain portions of this Site may be restricted to authorized Subscribers who have a valid password. If you are an authorized user of the Site, you agree that you are entirely responsible for maintaining the confidentiality of your password or your employees’ passwords and account information, if any, and agree to notify PDV if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities which occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify PDV of any unauthorized use of your account or any other breach of security in relation to the Site known to you.

5. SUBMISSIONS

You acknowledge that you are responsible for all information and material that you submit on this Site (each a "Submission"), and that you, and not PDV, will have full responsibility for each such Submission. Unless otherwise explicitly stated herein, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You agree that PDV shall be free to use and disseminate all Submissions on an unrestricted basis for any applicable purpose.

6. PRIVACY POLICY

Your privacy is important. PDV uses commercially reasonable efforts to respect and protect your privacy. It is PDV’s policy not to sell or rent any personally identifiable information about you to any third party. However, PDV does aggregate information and disclose information in the aggregate to third parties for marketing, promotional and other purposes. By way of example and not of limitation, such aggregate information may include statistics concerning pages searched, click through advertisements, number of visits to the Site, from which domains users arrive to the Site, territories in which Site users are located, which browsers are preferred by Site users, popular days and times for using the Site, etc. Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described herein. By way of example, we may be compelled under law to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. For additional information, please refer to PDV’s full Privacy Statement at www.privacyURLgoesHere.com.

7. EXCLUSION OF WARRANTY

Your use of the site is at your sole risk. The site is provided to you on an "as is" and "as available" basis. PDV and any third party providers and distributors make no warranty of any kind regarding this site and/or any materials provided on this site. PDV and any third party providers and distributors do not warrant the accuracy, completeness, currency or reliability of any of the software, content or data found on this site and such parties expressly disclaim all warranties and conditions, implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific rights, which vary from state to state. The disclaimers in this paragraph are a material part of our agreement to provide the site to you.

8. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, PDV assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site or your downloading of any materials, data, text, images, video or audio from the site. In no event shall PDV or any third party providers or distributors be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort (including negligence), strict liability, or otherwise.

9. INDEMNIFICATION

You shall defend and indemnify PDV and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by you or on your behalf in excess of the liability described herein or by third parties as a result of your use of this Site.

10. GOVERNING LAW

This Agreement and its performance shall be governed by the laws of the State of California, United States of America, without regard to its conflict of laws provisions.

11. TERMINATION OF USAGE

PDV may terminate or restrict your access to all or part of the Site pursuant to the Subscriber License Agreement or in the event that you violate any of the Terms of Use.

12. SEVERABILITY

These Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

13. MISCELLANEOUS

Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. PDV’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

14. HEADINGS

The headings used in these Terms of Use are included for convenience only and do not limit or otherwise affect these Terms of Use.

15. ENTIRE AGREEMENT

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