HostingDude.com Hosted Microsoft Email End User License Agreement
This Hosted Microsoft Email End User License Agreement ("Agreement") is by and between HostingDude.com ("HostingDude.com" ), a/an individual, and you, your heirs, assigns, agents and contractors ("You") and is effective upon electronic execution. This Agreement sets forth the terms and conditions of Your use of the Hosted Microsoft Email Service ("Service"). Your use of Service constitutes Your agreement to all such terms and conditions. By using Service, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with the HostingDude.com Universal Terms of Service and any new, different or additional terms, conditions or policies which HostingDude.com may establish from time to time. Such Agreements may be found here.
1. Service Details
Your Use of the Services
HostingDude.com has no obligation to monitor Your use of the Services. However, HostingDude.com reserves the right to review materials You publish using the Services and to remove any materials in its sole discretion. HostingDude.com reserves the right to terminate your access to the Services at any time, without notice, for any reason whatsoever.
HostingDude.com reserves the right at all times to disclose any information as HostingDude.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HostingDude.com's sole discretion.
The Software
In connection with our provision of the Service, we may provide to you, via download, CD, other media, or other delivery method, the use of certain software which is owned by HostingDude.com or its third party licensors, providers and suppliers, and which may be provided free or for a fee (the “Software”). We reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of or for use with the Service and for no other purpose. The Software may be accompanied by an end user license agreement from HostingDude.com or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes an end user license agreement unless you first agree to the terms and conditions of the end user license agreement.
Specific Software Terms of Use
You may not remove, modify or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Software. You may not reverse engineer, decompile or disassemble the licensed product, except and only to the extent that such activity is expressly permitted by applicable law. THE SOFTWARE IS PROVIDED AS-IS AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL HostingDude.com OR ITS LICENSORS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, UNSECURED TRANSACTIONS, INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF HostingDude.com OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM ANY DEFECT OR ERROR IN THE SOFTWARE. You shall indemnify, defend by counsel reasonably acceptable to HostingDude.com, protect and hold HostingDude.com and its licensors harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or relating to Your use of Software.
The Services
By using Service, You agree to be bound by HostingDude.com Universal Terms of Service. HostingDude.com explicitly reserves the right to terminate Your license if it comes to HostingDude.com's attention that You are using Service for objectionable activities, including sending, storing or any activities associated with unsolicited email or SPAM; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; or activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; activities designed to harm minors in any way.
You agree to be bound by HostingDude.com's general policies and limits concerning use of the Service, including without limitation the maximum number of days that email messages or other content may be retained, the maximum number of email messages that may be sent from or received by an account, the maximum size of any email message that may be sent from or received by an account, the maximum disk space that will be available for use. You will not use the Service to back up a hosting account, store videos, other large files or media not intended for emailing, or any other uses in violation of HostingDude.com's policies, as may be updated from time to time.
2. HostingDude.com 's Rights
HostingDude.com reserves the right to:
Modify Pricing through email notification.
Terminate Your license for unsolicited, commercial e-mailing; illegal access to other computers or networks (i.e. hacking); distribution of Internet Viruses or like destructive activities; and other activities whether lawful or unlawful that we determine harmful to subscribers, operations, and reputation.
Terminate Your license if the contents of Your email result in or are the subject of, legal action or threatened legal action, against HostingDude.com or any of its affiliates or partners, regardless of whether or not such legal action or threatened legal action is eventually determined to be with or without merit. The decision to terminate Your license shall be done solely by HostingDude.com, and in doing so, HostingDude.com shall not be required to consider the merits of legal action or whether threatened legal action will actually come to pass.
Terminate Your license if Your use is in violation of this Agreement or any HostingDude.com policy.
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