Terms of Service

1. MEMBERSHIP AGREEMENT

The following Terms of Service (referred to as "TOS" or "Member Agreement") are between you, and The Eventhorizon Group (The Eventhorizon Group is herein referred to as "TEG"). These TOS constitute a legal document that details your rights and obligations as a member (Member) of TEG’s commercial email service. (referred to as the "Service"). All Members must accept these TOS as a condition of membership to the Service. For purposes of these TOS, "you" means the Member Account holder and each Sub Account holder or either of such account holders as the context requires.

Legal Authority. If you are an individual, you must be an adult of at least 18 years of age to enroll in the Service as a Member Account holder; and by accepting these TOS as a Member Account holder, you confirm you are an adult of at least 18 years of age. If you are an entity, by accepting these TOS as a Member Account holder, you confirm (through your duly authorized representative) that you are a corporation, partnership or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept these TOS; and you are also confirming that these TOS constitute a valid and binding obligation of yours.

Updates. These TOS may be updated from time to time. You can review the most current version of these TOS at any time at: http://www.promailing.com/Terms.htm
If TEG makes a change to these TOS and that change has a material impact on the Service, you will be provided notice of that change. Your continued use of the Service following such notice constitutes your acceptance of those changes. Please note that these TOS apply to you whether you pay a service fee directly to TEG or you receive the Service as part of an agreement between you and a third-party authorized to distribute or resell all or a portion of the Service.

2. MEMBER CONDUCT

You agree that you will NOT use the Service to:

(a) upload, post, email, transmit or otherwise make available any Content (as defined below) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) harm minors in any way;

(c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

(e) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available 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);

(f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

 (h) upload, post, email, transmit or otherwise make available 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;

 (j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(k) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

(l) "stalk" or otherwise harass another; or

(m) collect or store personal data about other users.

Attempts to Break Security. You understand and agree that any attempt to break security or to access an account that does not belong to you will be considered a material breach of these TOS, and such breach may result in suspension or termination of the Service and possibly referral to law enforcement authorities. Unauthorized access to the Service, restricted portions of the Service or the telecommunications or computer facilities used to deliver the Service is a breach of these TOS whether or not such activities are a violation of law. Further, you are required to take adequate security measures to prohibit others from unauthorized access or use of the Service, and you must take prompt remedial measures upon notice of breaches or potential breaches of security.

3. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

4. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Assumption of Risk. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not TEG are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise make available via the Service. TEG does not control the Content posted via the Service and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service you may be exposing others to Content that others might find objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Limitation of Liability. Under no circumstances will TEG be liable in any way for any Content, including but not limited to any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

Removal of Content. You acknowledge that TEG will not pre-screen Content but that they or their designees will have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, TEG will have the right to remove any Content that violates these TOS or is otherwise objectionable.

Preservation of Content. You acknowledge and agree that TEG may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of TEG, its users and the public.

Changes to Content. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; (b) changes to conform and adapt to applicable security requirements; and/or (c) changes to conform and adapt to technical requirements of connecting networks or devices.

Grant of License. TEG does not claim ownership of Content you submit or make available for inclusion on the Service.

Digital Millennium Copyright Act. TEG may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize TEG to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.

5. INDEMNITY

You agree to indemnify and hold TEG and their subsidiaries, affiliates, officers, agents, co-branders or other partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these TOS, or your violation of any rights of another.

6. MODIFICATIONS TO SERVICE

TEG reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Service (or any function or feature of the Service or any part thereof) with or without notice. You agree that TEG will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.

7. TERM AND TERMINATION

Termination for Cause. TEG may immediately terminate all or a portion of your membership or suspend any or all individual Member's access to all or a portion of the Service, without notice, for conduct that TEG believes is: (a) illegal, fraudulent, harassing or abusive; (b) a violation of these TOS.  (c) harmful to other users, Members, third parties, the Service, or the business interests of TEG. If TEG has terminated or suspended a portion but not all of your Service for the foregoing reasons, you will nevertheless be responsible for all the charges for the Service. Use of a membership for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to the Member. Upon termination of your membership by TEG for any of the above-mentioned reasons, you will not establish a new membership in any TEG Service for a period of not less than five years from the date of termination. Upon termination of your membership, TEG will have no obligation to notify any third parties nor will TEG be responsible for any damages that may result or arise out of termination of your membership.

Retention. TEG has no responsibility for retaining or delivering private emails that are located in a Member's email inbox at the time of that Member's suspension or termination, or that are addressed to such Member thereafter.

Third Party Termination. If you have obtained the Service from a third party, your right to use the Service may be cancelled or suspended by such third party without notice from TEG. If you receive the Service as part of consolidated billing plan, the consolidated billing account owner may terminate your use of the Service and may access or reassign such account, including any stored email thereon, to another Member.

Use Limitation. TEG reserves the right to suspend or terminate your Service or to suspend or terminate any Membership in the event it is used in a manner, which (i) constitutes violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (ii) is defamatory, fraudulent, obscene or deceptive; (iii) is intended to threaten, harass or intimidate; (iv) tends to damage the name or reputation of TEG, or their respective parents, affiliates and subsidiaries; or (v) interferes with other Members' use and enjoyment of the Services provided by TEG.

Termination - Legal Event. In the event a ruling, regulation or order issued by a judicial, legislative or regulatory body causes TEG to believe that these TOS and/or the Service provided hereunder may be in conflict with such rules, regulations and orders TEG may suspend or terminate the Service, or terminate these TOS without liability.

Termination - Sub-contractor or Vendor Event. In the event a TEG subcontractor or vendor for the material features of the Service stops providing the Service (or any material elements thereof) to TEG for any reason, TEG will have a reasonable opportunity to arrange for alternative subcontractors or vendors to continue the provision of the Service. In the event that TEG cannot arrange for reasonably comparable Service within a reasonable period of time (not less than 45 days) following such sub-contractor or vendor event, TEG may thereafter terminate these TOS without liability.

Termination for Default. If you fail to pay any charge when due, or if you provide false or inaccurate information that is required for the provision of the Service or is necessary to allow TEG to bill you for the Service, and such condition continues un-remedied for thirty days; you will be in default and TEG may suspend or terminate the Service to you.

8.  DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE AND/OR SOFTWARE IS AT YOUR SOLE RISK. THE SERVICE AND/OR SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TEG 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.

(b) TEG MAKES NO WARRANTY THAT (i) THE SERVICE AND/OR SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE AND/OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE AND/OR SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE AND/OR SOFTWARE WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN THE SERVICE AND/OR SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE/AND OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TEG OR THROUGH OR FROM THE SERVICE AND/OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.

9. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER TEG OR IT'S AGENTS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TEG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE AND/OR SOFTWARE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE AND/OR SOFTWARE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE AND/ OR SOFTWARE; (e) FAILURE TO INSURE THE COMPATIBILITY OF YOUR SYSTEM (I.E., THE EQUIPMENT, DEVICES, AND SOFTWARE THAT YOU PROVIDE TO RECEIVE THE SERVICE) WITH THE SERVICE AND/OR SOFTWARE, OR (f) ANY OTHER MATTER RELATING TO THE SERVICE AND/OR SOFTWARE.

YOUR SOLE REMEDY AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TEG IN CONNECTION WITH THE SERVICE AND/OR SOFTWARE IS THE CANCELLATION OF YOUR ACCOUNT AS PROVIDED IN THESE TOS.

10. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 21 AND 22 MAY NOT APPLY TO YOU.

11. GENERAL INFORMATION

These TOS, any other policies or guidelines referenced herein and the terms set forth in any promotional offer for the Service constitute the entire agreement between TEG and you. These TOS govern your use of the Service, superceding any prior agreements between you and TEG with respect to the subject matter of these TOS. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These TOS and the relationship between you and TEG will be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and TEG agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Dallas, Texas. The failure of TEG to exercise or enforce any right or provision of these TOS will not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles and paragraph headings in these TOS are for convenience only and have no legal or contractual effect.