EMAIL HOSTING & FORWARDING AGREEMENT

• SERVICES

  The Email Service consists of the email hosting and forwarding package. You are informed and acknowledge that email hosting services are exclusively provided by OpenExchange. You are also informed and acknowledge that all email forwarding services are exclusively provided by improvmx.com

• YOUR AGREEMENT

  By using the Email Service, you agree to all terms and conditions of this Agreement, which incorporates by reference Sav’s Universal Terms of Service Agreement  ("UTOS").

  YOU ACKNOWLEDGE AND AGREE THAT BY USING THE SERVICES YOU ARE BOUND BY: (1) OPENEXCHANGE’S  TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES ,  (FOR PREMIUM EMAIL HOSTING AND FORWARDING); OR (2) IMPROVMX’S  TERMS OF SERVICE  (FOR FREE MAIL FORWARDING). YOU AGREE THAT YOU WILL READ EACH AGREEMENT PRIOR TO USING THE EMAIL SERVICE. YOU UNDERSTAND AND AGREE THAT SAV IS NOT RESPONSIBLE FOR MAINTAINING OR PROVIDING: (1) THE EMAIL HOSTING SERVICE; OR (2) THE EMAIL FORWARDING SERVICE, AND THEREFORE ANY ISSUES CONCERNING THE EMAIL SERVICE MUST BE ADDRESSED TO OPENEXCHANGE AND/OR IMPROVMX, WHICHEVER IS APPROPRIATE, INCLUDING ISSUES CONCERNING INTERRUPTIONS OF SERVICE AND/OR REFUSALS OF SERVICE.

• SUSPENSION AND/OR TERMINATION

  If Sav determines in its sole discretion that you are alleged to be violating the terms and conditions of this Agreement or any other agreement entered into by you and us, your use of the Email Service may be suspended and/or this Agreement may be terminated by Sav, with no refund to you.

  Sav may, in its sole discretion, elect to terminate this Agreement without cause and discontinue the Email Service upon 30 days notice, and any pre-paid fees for any unused portion of a service term shall be refunded to you within a reasonable period of time. Sav may also, in its sole discretion, elect to terminate this Agreement without cause and that, in such event, the termination shall take effect immediately and any pre-paid fees for any unused portion of Your service term shall be refunded to you within a reasonable period of time.

• COMMUNICATIONS

  It is your responsibility to maintain accurate, current, and complete contact information in your Sav account (“User Account”). You acknowledge that email and/or online communication systems (chat, account notices, etc.) will be the primary means of communication between you and Sav. Your failure to respond to a communication from us may result in suspension or cancellation of the Email Service.

• USE OF PERSONAL INFORMATION

  Any personally identifying information that you provide in connection with the Email Service shall be used according to our  Privacy Policy 

• LIMITATION OF LIABILITY

  SAV WILL NOT BE LIABLE FOR ANY (A) SUSPENSION OR LOSS OF THE EMAIL SERVICE, EXCEPT TO THE LIMITED EXTENT THAT A REMEDY IS PROVIDED UNDER THIS AGREEMENT; (B) INTERRUPTION OF BUSINESS; (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEB SITE(S) PROVIDED THROUGH OR BY THE SERVICES; (D) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND OUR CONTROL; (G) THE PROCESSING OF YOUR APPLICATION FOR THE HOSTING SERVICE; OR (H) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR USER ACCOUNT AS DEFINED IN THE UTOS. YOU FURTHER AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF US EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES FOR A ONE-MONTH PERIOD, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, THE LIABILITY OF US SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

• INDEMNIFICATION

  YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD US, SAV’S CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COURT COSTS, FOR ANY CLAIMS RELATING TO YOUR USE OF THE SERVICES OR ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY PERSON OR ENTITY, OR FROM THE VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT. IF WE ARE AWARE OF A THIRD PARTY CLAIM WHICH IS RELATED TO THE HOSTING SERVICE UNDER THIS AGREEMENT, WE MAY SEEK WRITTEN ASSURANCES FROM YOU IN WHICH YOU PROMISE TO INDEMNIFY AND HOLD US HARMLESS FROM THE COSTS AND LIABILITIES DESCRIBED IN THIS PARAGRAPH. SUCH WRITTEN ASSURANCES MAY INCLUDE THE POSTING OF PERFORMANCE BONDS OR OTHER GUARANTEES. YOUR FAILURE TO PROVIDE SUCH ASSURANCES MAY BE CONSIDERED A BREACH OF THIS AGREEMENT BY YOU.

• DISCLAIMER OF WARRANTIES

  SAV DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE EMAIL SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HOSTING SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

• CHANGES TO THIS AGREEMENT

  We reserve the right, upon notice to you, to modify any provisions of this Agreement at any time at our discretion and without liability to you. Modifications by us are effective thirty (30) days after notifying you via email to the address you have supplied us, or immediately via notice and acceptance through our Site. After such changes or modifications have been made, your continued use of the Site or Email Service constitutes your agreement to be bound by this Agreement as last revised. If you do not agree to the modifications or to any applicable policies or guidelines on the Email Service, then you must stop using the Site or Email Service. If you have purchased the Email Service from us, then the terms and conditions of this Agreement shall continue in full force and effect, including any changes made to it, as long as you take advantage of and use the Email Service.

• GENERAL

  This Agreement, together with all modifications, constitutes the complete and exclusive agreement between you and Sav, and supersedes and governs all prior proposals, agreements, or other communications with respect to the Email Service. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Sav to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Sav of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Sav will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.