AGREEMENT
 

This Agreement sets forth the Standard Terms and Conditions that apply to use of UniquE-mail.Com ("UniquE-mail.Com").

YOUR USE OF THE UniquE-mail.Com SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE.

These Terms of Service form independent agreements between User and UniquE-mail.Com. The Parties shall be liable to the other for any breach of these Terms of Service, and User agrees that User's sole recourse in case of such breach shall be against the breaching party.

This is an agreement between "User" and UniquE-mail.Com. This agreement explains the basis upon which the E-mail name registration transactions between User and UniquE-mail.Com will take place and our responsibilities toward each other.

The term "User" shall refer to yourself. By entering into this Agreement, in addition to transactions entered into by User on your behalf, User also agree to be bound by the terms of this agreement for transactions entered into on User's behalf by anyone acting as User's Agent. User also agree to be bound by the terms of this agreement for transactions entered into by anyone who uses the account User has established with UniquE-mail.Com, whether or not the transactions were in User's behalf.

USER ELIGIBILITY

Our services are only available to individuals who can form legally binding contracts under applicable law. Furthermore, our services are not available to brokers; we only deal with the end user.

USER CONDUCT

User agree to abide by all applicable local, state, national and international laws and regulations regarding User's use of our service.

CONTENTS OF MESSAGES

User is responsible for the contents of User's messages and the consequences of any such messages. User agree that User will not use UniquE-mail.Com for chain letters, junk mail, "spamming", solicitations (commercial or noncommercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. User further agree not to use UniquE-mail.Com to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or 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. UniquE-mail.Com reserves the right to terminate User's account if it becomes aware and determines, in its sole discretion, that User is violating any of the foregoing guidelines.


LINKS

The links on the UniquE-mail.Com Web Site may let User leave the UniquE-mail.Com Web Site. User acknowledges that the linked sites are not under the control of  UniquE-mail.Com and  UniquE-mail.Com is not responsible for the contents or operation of any linked site or any link contained in a linked site, or any changes or any updates of such sites. UniquE-mail.Com is not responsible for web casting or any other form of transmission received from any linked site. UniquE-mail.Com is providing these links to User only as a convenience, and the inclusion of any link does not imply endorsement by UniquE-mail.Com of the linked site or any association with their operators and the third party content therein. UniquE-mail.Com reserves the right to add / remove sections i.e. links, contents etc. from the site without any prior notice to the User.

UNLAWFUL OR PROHIBITED USE

As a condition of User's use of the UniquE-mail.Com Web Site User warrants to  UniquE-mail.Com that User will not use the UniquE-mail.Com Web Site for any unlawful purpose. UniquE-mail.Com, in its sole discretion, may refuse to complete any transaction it has reason to believe is unauthorized, may violate any law, rule or regulation, or if UniquE-mail.Com has reasonable cause not to honor it. Each User agrees to indemnify and hold UniquE-mail.Com harmless for losses resulting from any use or attempted use of the services in violation of this Agreement.

RIGHTS GRANTED TO UniquE-mail.Com

By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the UniquE-mail.Com Web Site, User warrants and represents that User owns or otherwise controls the rights necessary to do so and to grant  UniquE-mail.Comthe licenses set forth below. User hereby grant UniquE-mail.Com and its affiliated companies permission to:

1. Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sub-license, create derivative works from, transfer, or sell any such communication.

2. Sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

3. Publish User's name in connection with any such communication.

The foregoing grants shall include the right to exploit any intellectual property or proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. No compensation will be paid or due to User with respect to UniquE-mail.Com or its sub- licensee's use of the materials contained within such communication. UniquE-mail.Com is under no obligation to post or use any materials User may provide, and may remove such materials at any time which is within  UniquE-mail.Com's sole discretion.

RELATIONSHIP OF THE PARTIES

Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

THE UniquE-mail.Com SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. UniquE-mail.Com EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE E-mail  NAMES LISTED ON THIS SITE DO NOT VIOLATE ANY TRADEMARKS OR OTHER THIRD-PARTY'S RIGHTS OR THAT THE UniquE-mail.Com SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY UniquE-mail.Com, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY USER RELY ON ANY SUCH INFORMATION OR ADVICE.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL UniquE-mail.Com, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE  UniquE-mail.Com SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE UniquE-mail.Com SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO UniquE-mail.Com RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT UniquE-mail.Com IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM UniquE-mail.Com AND ITS AFFILIATES.

OUR LIABILITY TO USER OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF THE AMOUNT OF FEES USER PAY TO US REGARDING THE E-mail NAME GIVING RISE TO LIABILITY AND (B) ONE HUNDRED DOLLARS ($100).

 UniquE-mail.ComDISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM:

APPLICATION OF ANY DISPUTE POLICY OR THE POLICIES AND PROCEDURES AS ADOPTED BY ICANN, ICANN'S SUCCESSORS OR ANY OTHER REGULATORY BODY.

ACCESS DELAYS OR INTERRUPTIONS TO OUR WEB SITE OR E-mail NAME  REGISTRATION SYSTEM DATA NON-DELIVERY OR MISDELIVERY BETWEEN USER AND UniquE-mail.Com EVENTS BEYOND OUR CONTROL (I.E. ACTS OF GOD) THE LOSS OF REGISTRATION OR PROCESSING OF A E-mail NAME OR THE USE OF A E-mail NAME THE FAILURE FOR WHATEVER REASON TO RENEW A DOMAIN NAME REGISTRATION THE UNAUTHORIZED USE OF USER'S ACCOUNT WITH UniquE-mail.Com OR ANY OF THE SERVICES PROVIDED TO USER BY UniquE-mail.Com ERRORS, OMISSIONS OR MISSTATEMENTS DELETION OF, FAILURE TO STORE, OR FAILURE TO PROCESS OR ACT UPON EMAIL MESSAGES PROCESSING OF UPDATED INFORMATION TO USER'S REGISTRATION RECORD
DEVELOPMENT OR INTERRUPTION OF USER'S WEB SITE ERRORS TAKING PLACE WITH REGARD TO THE PROCESSING OF USER'S APPLICATION ANY ACT OR OMISSION CAUSED BY USER OR USER'S AGENT (WHETHER AUTHORIZED BY USER OR NOT).

THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.

INDEMNIFICATION

User shall release, defend, indemnify and hold harmless UniquE-mail.Com (including its officers, directors, employees, affiliates, contractors and agents) against any expense, loss, cost, or liability (including, without limitation, attorney fees and paralegal fees) arising from any and all claims, demands, damages or actions resulting from or related to (i) use of UniquE-mail.Com or the Internet by User (including, without limitation, any claims for breach of warranty, loss of data, libel, slander, invasion of privacy or false advertising); (ii) performance of UniquE-mail.Com; (iii) User submissions to UniquE-mail.Com; (iv) User's negligence or the acts (or any failure to act) of User; and (v) any breach by User of the obligations of User under this Agreement.

COPYRIGHT AND TRADEMARKS

Title to the website and its contents (excluding Licensed Content), including ownership rights to patents, copyrights, trademarks and trade secrets in connection therewith shall be the exclusive property of UniquE-mail.Com.

User shall not copy or download the Materials without the prior written consent of UniquE-mail.Com. User shall not modify, reverse engineer, reproduce, display, publicly perform, distribute, or create derivative works based on the website, including (without limitation) by framing, mirroring, or similar means, or use the website for public or commercial purposes. UniquE-mail.Com hall retain all rights, title and ownership interests in the UniquE-mail.Com trademarks. Except the UniquE-mail.Com trademarks, all other product and company references are trademarks, trade names, service marks, or trade dresses of their respective owners (as applicable).

User acknowledges that the contents of the website are protected under laws, including (without limitation) USA and international copyright laws and treaties. User shall not contest or aid in contesting the ownership or validity of the copyrights, trademarks, service marks and trade secrets (as applicable) of UniquE-mail.Com in connection with the contents of the website. All rights are reserved. UniquE-mail.Com reserves any rights not expressly granted herein.

 UniquE-mail.Com has no knowledge of whether any domains listed on the UniquE-mail.Com Web Site violate any trademarks or other third-party's rights. It is the responsibility of the User to research the E-mail name prior to its use.

GOVERNING LAW

USA law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of USA.

SEVERABILITY

If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

SURVIVABILITY

The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.

DEFAULT AND REMEDIES

(a) In the event a party hereto materially defaults in the performance of any of its duties or obligations hereunder, which default shall not be substantially cured within thirty (30) calendar days after written notice is given to the defaulting party specifying the default, the party not in default may, by giving notice thereof to the defaulting party, terminate this Agreement for cause and/or exercise any remedy generally available under applicable law. Notwithstanding the foregoing, with respect to any such material default that cannot be reasonably cured within thirty (30) calendar days, if the defaulting party in good faith promptly proceeds to commence curing said default and thereafter proceeds with all diligence to cure substantially the same, the defaulting party shall have up to another thirty (30) calendar days (for a total of sixty calendar (60) days) to cure substantially such default. If such material default is not substantially cured prior to the end of the second thirty (30) calendar days, the party not in default may, by giving notice thereof, terminate this Agreement for cause as of a date specified in such notice of termination and/or exercise any remedy generally available under applicable law. No remedy hereunder is intended to be exclusive but each shall be cumulative.
(b) Either party hereto may have the right to terminate this Agreement immediately, in the event that the other party: (I) terminates or suspends its business, (ii) becomes subject to any bankruptcy or insolvency proceeding under International, Federal or state statute, provided such proceedings are not dismissed within thirty (30) calendar days, (iii) becomes insolvent or becomes subject to direct control by a trustee, receiver or similar authority, or (iv) has wound up or liquidated, voluntarily or otherwise.

ARBITRATION

Any legal controversy or legal claim arising out of or relating to this Agreement shall be settled by binding arbitration before an Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in USA, as the parties to this agreement agree to be governed by the laws of the USA. a. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in USA necessary to protect the rights or property of party pending the completion of arbitration. The prevailing party from arbitration shall be entitled to reasonable attorney's fees, which shall be set forth by the arbitrator(s). Judgment upon the award rendered may be entered in any court in USA with jurisdiction. The decision of the arbitrator shall be final and binding on the parties. The parties shall bear equally all fees, costs and expenses of the arbitration, and each party shall bear its own legal expenses, attorneys fees, and costs of all experts and witnesses, provided, however, the arbitration panel may apportion between the parties, as said arbitrator may deem equitable, the cost incurred by either party.

Should either party file an action contrary to this provision, the other party may recover attorneys' fees and costs up to one thousand United States ($1000US) dollars.

HEADINGS

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.

GENDER AND NUMBER

Wherever from the context it appears appropriate, each term stated in the singular or plural shall include the singular and plural, and pronouns stated in either the masculine, feminine or the neutral gender shall include the masculine, feminine and neutral gender.

NOTICE

User agree that all notices (except for notices concerning breach of this agreement) from UniquE-mail.Com to User may be posted on our web site and will be deemed delivered within thirty (30) days after posting. Notices concerning breach will be sent either to the email address User have on file with  UniquE-mail.Comor mailed first class postage to the postal address User has on file with UniquE-mail.Com. In both cases, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from User to UniquE-mail.Com shall be made either by email, sent to the address we provide on our web site.

Delivery shall be deemed to have been made by User to  UniquE-mail.Com fifteen (15) days after the date sent.


PUBLICITY

User understands and agrees that UniquE-mail.Com does not participate in, nor does it allow, User to utilize media releases of any kind to publicize User's business relationship with DomainReactor. User shall not use any tradename, service mark or any other information which identifies UniquE-mail.Com in User's sales, marketing and publicity activities, including, but not limited to, interviews with representatives of any written publication, television station or network, or radio station or network.

ASSIGNMENT

In the event of a merger or consolidation of UniquE-mail.Com, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.

ENTIRE AGREEMENT

Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto.

WAIVER OF CONTRACTUAL RIGHTS

The failure of UniquE-mail.Com to enforce a provision of this Agreement shall not be construed as a waiver or limitation of UniquE-mail.Com's right to subsequently enforce and compel strict compliance with every provision of this Agreement.


MODIFICATION OF TERMS

UniquE-mail.Com reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the UniquE-mail.Com Web Site. User are responsible for regularly reviewing these documents. Continued use of the UniquE-mail.Com Web Site after any such changes shall constitute User's consent to such changes. UniquE-mail.Com does not and will not assume any obligation to notify you of any changes to the Terms of Service.