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I.T. Solutions Group, Inc ("Service Provider") provides its e-mail service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: <<insert appropriate URL; msp may also want to provide notice by email of any changes>>. In addition, when using particular Service Provider services, you and Service Provider shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

2. DESCRIPTION OF SERVICE

1. The term for the Service is one (1) year from your date of subscription, unless terminated earlier in accordance with this Agreement (which may include, but is not limited to, termination for non-payment).
2. Your payment obligations with regard to the Service are as set out in your subscription application.
3. Service Provider currently provides users with access to the e-mail service with the functionality described in your subscription application (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TOS. You understand and agree that neither Service Provider nor its suppliers assume responsibility for the timeliness, deletion, mis-delivery, non-delivery or failure to store or accurately store, any user communications, addresses or personalization settings.
4. You are responsible for obtaining access to the Service and that access may involve fees to Service Provider or third party fees (such as Internet service provider or airtime charges).
5. You must provide and are responsible for all equipment necessary to access the Service.

3. CERTAIN SUBSCRIPTION OBLIGATIONS

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's subscription form (such information being the "Subscription Data") and (b) maintain and promptly update the Subscription Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Service Provider or its suppliers have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Service Provider or its suppliers have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Service Provider is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the Service should assist them in setting up any relevant accounts and supervise their access to the Service. Allowing your child access, means they will be able to access all components of the Service. As the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) which may be delivered to you, are appropriate for your child.

4. SERVICE PROVIDER PRIVACY POLICY

Subscription Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy attached as Schedule A.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's subscription process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Service Provider of any unauthorized use of your password or account or any other breach of security, and (if applicable) (b) ensure that you exit from your account at the end of each session. Service Provider, and its suppliers, cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), transmitted over the Service, are the sole responsibility of the person from which such Content originated. This means that you, and not Service Provider, are entirely responsible for all Content that you send, post, email, transmit or otherwise make available via the Service. Service Provider does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, quality or appropriateness of such Content for any particular viewer. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable, or which may contain viruses, and other destructive elements. Under no circumstances will Service Provider or its suppliers be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use or viewing of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

1. send, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. send, 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);
6. send, 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;
7. send, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation, or otherwise violate our abuse policy attached as Schedule B;
8. send, post, email, transmit or otherwise make available any material that contains software viruses, worms 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;
9. 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;
10. intentionally or unintentionally violate any applicable local, provincial, national or international law, including, but not limited to, regulations promulgated by any applicable securities commission or exchange, and any regulations having the force of law; or
11. "stalk" or otherwise harass another.

You acknowledge that Service Provider and its suppliers do not, and we acknowledge that Service Provider and its suppliers shall not without cause, pre-screen Content, but that Service Provider and its suppliers shall 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, Service Provider and its suppliers shall have the right to remove any Content that violates the TOS or is otherwise 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. In this regard, you acknowledge that you may not rely on any Content created by Service Provider or submitted to Service Provider.

You acknowledge and agree that Service Provider (or its suppliers) 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 the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Service Provider, its users and the public.

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

7. SPECIAL WARNINGS 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 country in which you reside.

8. INDEMNITY

You agree to indemnify and hold Service Provider, and its suppliers, and Service Provider’s and its suppliers’ affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal 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 the TOS, or your violation of any rights of another.

9. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Service Provider or its suppliers, may establish general practices and limits concerning use of the Service, including without limitation, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Service Provider and its suppliers have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Service Provider and its suppliers reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Service Provider reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

10. MODIFICATIONS TO SERVICE

Service Provider and its suppliers reserve the right at any time and from time to time to modify, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Service Provider and its suppliers shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service which may occur for routine maintenance, routine or extraordinary repairs, or the need to respond to a virus or other attack on the system or using the system.

11. TERMINATION

You agree that Service Provider, in its sole discretion, may (or may instruct its suppliers to), suspend or terminate your password, account (or any part thereof) or use of the Service, remove and discard any Content within the Service, deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service, discontinue providing the Service, or any part thereof, with or without notice if Service Provider believes that you have violated or acted inconsistently with the letter or spirit of the TOS, and have not either cured the breach (if curable) or provided a satisfactory undertaking to Service Provider or the applicable authorities, within five (5) business days of receiving a notification of the breach. Further, you agree that Service Provider shall not be liable to you or any third-party for any termination of your access to the Service.

12. DEALINGS WITH THIRD PARTIES

Your correspondence or dealings with third parties, including participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You agree that Service Provider and its suppliers shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.

13. SERVICE PROVIDER'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright, and trade and service mark protections, and is owned by Service Provider or its suppliers. Except as expressly authorized by Service Provider or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Service Provider grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interfaces that are provided by or through Service Provider for use in accessing the Service.

14. DISCLAIMER OF WARRANTIES, REPRESENTATIONS AND CONDITIONS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SERVICE PROVIDER AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

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

c. ANY MATERIAL TRANSMITTED, RECEIVED, DOWNLOADED OR OTHERWISE OBTAINED OR SENT, THROUGH THE USE OF THE 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 OPENING, DOWNLOAD OR SENDING OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDER OR ITS SUPPLIERS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

15. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SERVICE PROVIDER SHALL NOT, AND ITS SUPPLIERS SHALL NOT, BE LIABLE 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 SERVICE PROVIDER OR ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) 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; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. LIABILITY FOR DIRECT DAMAGES SHALL BE LIMITED TO A MAXIMUM OF THE FEES YOU HAVE ALREADY PAID TO SERVICE PROVIDER.

16. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.

17. NOTICE

Notices to you may be made via either email, fax, courier or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

18. TRADEMARK INFORMATION

Without Service Provider's prior permission, you agree not to display or use in any manner, the Service Provider’s or its suppliers’ trademarks or service marks.

19. GENERAL INFORMATION

Your subscription form (e.g. covering your term, method of payment, price etc.) and this TOS, constitute the entire agreement between you and Service Provider and govern your use of the Service, superceding any prior agreements between you and Service Provider as they may relate to email services. You also may be subject to additional terms and conditions that may apply when you use affiliate services (such as domain name registration services), third-party content or software. The TOS and the relationship between you and Service Provider shall be governed by the laws of the <<insert the state/province/country of the Service Provider>> without regard to its conflict of law provisions. You and Service Provider agree to submit to the personal and exclusive jurisdiction of the courts located within the <<insert the city of the Service Provider >>. The failure of Service Provider to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of the 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 the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS and schedules are for convenience only and have no legal or contractual effect.