Acceptance of the POBOX.COM Service Agreement. IC Group, (IC Group) agrees to provide email forwarding and related services (The Service) to you (Customer) under the term of POBOX.COM Service Agreement (The Agreement). By using the The Service you agree to be bound by all of the terms set forth herein.
Title. POBOX and the POBOX logo are service marks of IC Group, and registered internationally. All content found on the POBOX site is copyrighted and protected by national and international law.
Acceptable Use. Customers will not use the Service for any unethical or illegal activity, or transmit any text, data, graphics, or other material for any illegal purpose or which is related to illegal activity, or in violation of another's rights, including, but not limited to, copyrights, trade secrets, and privacy. The customer shall not transmit or receive any threatening, harassing, libelous or obscene material. The Customer shall not transmit or receive any material which is deemed illegal by any local, state, federal, or international law. The Customer shall not use the Service in conjunction with spamming, sending bulk email, or sending unsolicited email. Customers may not use their pobox.com address in the message headers or body in any of the above-mentioned emails. To do so will result in a fine of $150. Customer may not resell the Service without the written consent of IC Group. IC Group, at its sole discretion, may terminate Service if the Customer fails to comply with any of the terms of this Service Agreement, or for any other reason that IC Group considers compelling.
Disclosure. IC Group will not monitor or disclose the contents of Customer's email, except when required by or under exigent circumstances to protect the personal safety of its customers or the public, when required to do in the course of system maintenance, or when requested by the Customer.
Warranty. IC Group makes no warranties of any kind, either expressed or implied, for the Service. IC Group disclaims any warranty of merchantability or fitness for a particular purpose. The entire risk as to the performance of, or arising out of the use of the Service is borne by the Customer. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to the Customer and the Customer may have other legal rights that vary by jurisdiction.
Limitation of Liability. Under no circumstances and under no legal theory, tort, contract, or otherwise shall IC Group be liable to Customer or any other person for any indirect, special, incidental, or consequential damages including, but not limited to, loss of data, delays, misdeliveries or service interruptions caused by IC Group's negligence, Customer's negligence, or unforeseeable acts. In no event will IC Group be liable for any damages in excess of what IC Group has received from Customer for the Service. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to Customer.
Intellectual Property. Customer agrees that their POBOX.COM alias does not interfere with the intellectual property rights of any third party, and is not being used for any illegal purpose. Violation is ground for immediate Service termination.
Indemnification. Customer agrees to indemnify and hold IC Group, its affiliates, officers, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of the Customer's use of the POBOX Service, the violation of the Agreement by the Customer, or the infringement by Customer, or other user of the Service using Customer's computer, of any intellectual property of other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any Customer communication.
Financial Loss. If Customer misuse of the Service results in financial loss to IC Group, the Customer agrees to fully compensate IC Group for costs and damages incurred.
Modification. IC Group reserves the right to modify the Service or change the terms and conditions of this agreement. IC Group shall provide notice of such changes by posting on its World Wide Web site. Customers not agreeing to the modified agreement may terminate the Service. Continued use after such material has been posted shall be deemed acceptance of the agreement by the customer.
Notice. Any notice required shall be given as follows: Notice from Customer to IC Group shall be in writing via certified mail or email. Notice from IC Group shall be in writing and shall be made by certified mail, email, or posted on the IC Group web site.
Termination. POBOX Service may be terminated, effective immediately, by either IC Group or the Customer at any time upon written notice to the other party. Upon termination Customer's right to use Service immediately ceases. IC Group shall not be liable for any third party termination of the Service.
Severability. If any provision hereof shall at any time be held to be void, invalid or unenforceable, such provision shall be construed as severable and shall not in any way affect or render void, invalid or unenforceable any other provision of this Agreement, and this Agreement shall be carried out as if such void, invalid or unenforceable provision were not part of this agreement.
Waivers. No waiver on the part of IC Group to exercise, and no delay in exercising, any right, power or provision hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or provision hereunder preclude the exercise of that or any other right, power, or provision.
Entire Agreement. This Agreement sets forth the provisions with respect to the subject matter herein and supersedes all prior agreements and understandings, whether oral or written, relating to the subject matter.
Action Limit. No action, regardless of form, arising out of, or in any way related to the subject matter of this agreement, may be brought more than two years after the cause of action has risen.
Governing Law. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania in the United States of America. The Customer agrees that any action brought under, arising out of, or in connection with this agreement, or any alleged breach hereof, the sole forums shall be the United States Federal Court sitting in Philadelphia, Pennsylvania, or Commonwealth of Pennsylvania courts sitting in Harrisburg, Pennsylvania, and that any action commenced in such courts shall not be transferred or removed to any other state or federal court. The Customer agrees to personal jurisdiction and venue of such courts.