MAILMESSENGER NETWORKS, INC.
- PRIVACY POLICY -

Mailmessenger Networks, Inc. ("Mailmessenger"), recognizes the importance of safeguarding personal information that it collects. This privacy policy (this "Policy") applies to all software, equipment and services offered by Mailmessenger as well as any information that Mailmessenger collects on its web site located at www.mailmessenger.com (the "Site"). This Policy is organized in order to assist you in understanding how Mailmessenger collects and uses your personal information.

Personal Information You Provide
When you choose to inquire about, or purchase software, equipment or services from Mailmessenger you may be required to give us personal information such as your name, address, e-mail, home and business phone number, and payment account and credit card information. Mailmessenger uses this information in order to fulfill your purchase requests, improve our services, contact you, and to provide you with updates regarding our policies, products, and services.

In the event that you choose to correspond with us through e-mail, Mailmessenger may retain the content of your e-mail, along with your e-mail address in order to, among other things, protect against lost e-mails and communications, and service your requests. You acknowledge that by submitting written communications (including e-mail) to Mailmessenger, no confidential, fiduciary, contractually implied or other relationship is created between you and Mailmessenger other than pursuant to this Policy, the terms of use contained below, and any written agreement between you and Mailmessenger. Please note that Mailmessenger from time to time purges its files which may contain virtual cards and e-mail correspondence between you and Mailmessenger.

Like many web sites on the internet, the Site utilizes cookies and gathers information about your browsing activities through its server logs. Cookies is a feature that allows Mailmessenger's servers to recognize your computer that accesses the Site. Mailmessenger may use cookies in order to make your use and interaction with the Site more streamlined. Please note that Mailmessenger generally stores cookies for a period of ten (10) minutes following your inactivity on the Site.

Use of Your Information
As a general policy, Mailmessenger does not under any circumstances sell or disclose to any third party personal information collected on the Site or provided to Mailmessenger. Personal information that is collected on the Site is used by Mailmessenger for statistical purposes, internal data collection, and to notify you about changes to the Site, and new software, equipment and services offered by Mailmessenger. Mailmessenger clients, and users who visit the Site can opt out of receiving future marketing communications by notifying Mailmessenger by e-mail at info@Mailmessenger.com.

Please note that notwithstanding Mailmessenger's general policy described above, Mailmessenger may disclose your personal information to the limited extent it is required to do so pursuant to applicable law, or any judicial or government request, requirement or order; provided, that, Mailmessenger will attempt to provide you with advance notice, to allow you to contest such request, requirement or order, or otherwise seek appropriate protective orders with respect to such disclosure.

Protection of Personal Information
Mailmessenger takes measures to protect your personal information from unauthorized access, disclosure, loss, alteration or destruction. Mailmessenger seeks to limit access to personal information to employees who are authorized to view such information and who Mailmessenger reasonably believes need to access such information in order to effectively provide software, products and services to you. From time to time, Mailmessenger assesses its current confidentiality and security safeguards to ensure they are in compliance with Mailmessenger's corporate policies.

Your Access
You may request a copy of all your personal information that Mailmessenger collects and maintains, whether through online or written transmission, by e-mailing us at info@Mailmessenger.com. Please note that we will use commercially reasonable efforts to respond to your inquiry within a reasonable period of time. Please also note that information collected on the Site, such as cookies, is purged from time to time.

Third Party Links
The Site may contain links to web sites controlled by parties other than Mailmessenger. Mailmessenger is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites or any transactions completed through these web sites. Mailmessenger is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mailmessenger. Please note that when you use a link to go from the Site to another web site, neither this Policy nor the terms of use provided below will continue to be in effect, and you will be browsing and interacting on another web site subject to that web site's own privacy policy and terms of use.

Your Consent
Your use of the Site constitutes your consent to our collection and use of your personal information as set forth in this Policy. Mailmessenger may update this policy from time to time, and will notify you of significant changes to the Policy by sending you an e-mail or by placing a conspicuous notice on the Site. If you have any questions about this Policy, please contact us by e-mail at info@Mailmessenger.com or by telephone at (718) 728-3341.

MAILMESSENGER NETWORKS, INC.
- TERMS OF USE -

IMPORTANT – PLEASE READ CAREFULLY: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MAILMESSENGER REGARDING THE SITE AND ANY PRODUCTS, SERVICES OR APPLICATIONS OFFERED BY MAILMESSENGER THROUGH THE SITE. BY ACCESSING AND USING THE SITE, YOU AGREE TO FOLLOW AND BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE (THIS "AGREEMENT").

IF YOU OR YOUR COMPANY HAS ENTERED INTO A SEPARATE AGREEMENT WITH MAILMESSENGER (WHICH MAY, AMONG OTHER THINGS, ALSO INCLUDE SEPARATE TERMS AND CONDITIONS), YOU WILL ALSO BE BOUND BY THE TERMS CONTAINED IN THOSE AGREEMENTS (THE "OTHER AGREEMENTS"). IF ANY TERMS OF THE OTHER AGREEMENTS CONFLICT WITH THE TERMS IN THIS AGREEMENT, THE TERMS IN THE OTHER AGREEMENTS SHALL GOVERN.

1. General Use Provisions. All materials provided by Mailmessenger, whether provided on or through the Site, including, without limitation, applications, equipment, products, services, information, documents, logos, graphics, sounds, images, and software (collectively, the "Materials") are provided by Mailmessenger or by its respective third party manufacturers, authors, developers, programmers, sub contractors, and vendors (collectively, "Third Party Providers") and are the copyrighted work of Mailmessenger and/or its Third Party Providers. Mailmessenger authorizes you to view and download the Materials provided that you retain all copyright and other proprietary notices contained in the Materials on any copies you make, and abide by all copyright notices, information or restrictions contained in the Materials or on the Site. You agree to use the Materials only for purposes that are permitted by: (a) this Agreement, (b) the Other Agreements, and (c) any applicable laws, regulations, or generally accepted practices or guidelines in the relevant jurisdictions in which you access the Site and the Materials (including any laws regarding export of data or software to and from the United States to other countries). Please note that Third Party Providers are intended beneficiaries of this Agreement.

2. User Conduct. 

1. You agree not to use the Materials or the Site to: (a) upload, post, e-mail or otherwise transmit any data or information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, (b) harm minors in any way, (c) impersonate any person or entity, including a Mailmessenger official, or otherwise misrepresent your affiliation with a person or entity, (d) upload, post, e-mail, or otherwise transmit any data or information that you do not have a right to transmit 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), (e) upload, post, e-mail or otherwise transmit any data or information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, (f) upload, post, e-mail or otherwise transmit any material that contains software viruses, worms, Trojan horses, malicious code, 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, (g) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, (h) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey the requirements, procedures, policies or regulations of networks connected to the Site, (i) intentionally or unintentionally violate any applicable local, state, national or international law, or (j) attempt to gain unauthorized access to the Materials or the Site, or other computer systems, servers or networks connected to the Materials or the Site or any portion thereof.

2. In addition to the prohibitions contained in Section 2.1: (a) to the extent any e-mail is sent using the Materials, the Site or any services provided by Mailmessenger, it shall comply with all elements of the federal CAN-SPAM Act of 2003, (b) you shall not use, or attempt to use, the Materials or the Site, to send (i) unsolicited bulk e-mail, whether for commercial or non-commercial use, (ii) e-mail to recipients whose e-mail addresses were "scraped" or "aggregated" from other websites, membership lists, print publications or gathered on any other third party mailing list, and (iii) e-mail that contains any false contact information or any false, misleading or deceptive information or content in the header, subject line or body of the e-mail message.

3. You shall not: (a) translate, decompile, disassemble or create or attempt to create, by reverse engineering or otherwise, the source code from any object code made available hereunder, including, without limitation, any of the Materials, (b) adapt the Materials or the Site, or use any of the Materials or the Site to create a derivative work, remove, modify, obscure, or alter Mailmessenger's or any Third Party Provider's proprietary or legal notices, copyrights, trademarks, or other legal or proprietary rights, or notices affixed to or contained in the Materials or on the Site, (d) interfere with any other person's access, use or enjoyment of the Materials provided by Mailmessenger to such person, or (e) publish, transmit, transfer, sell, rent, lease, loan, resell for profit, encumber, reproduce, distribute, perform, display, or in any way exploit any of the information and intellectual property provided by Mailmessenger or any Third Party Provider, including without limitation, the Materials, in whole or in part, except as expressly permitted in this Agreement or any license or the Other Agreements provided by Mailmessenger or such Third Party Provider.

3. Disclaimer of Representations and Warranties. The site and any of the materials made available on or accessed through the site, are provided on an "as is" and "as available" basis.  Mailmessenger does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the site.  You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.  To the fullest extent permissible by law, Mailmessenger makes no representations or warranties of any kind whatsoever for the content on the site, or the materials, information and functions made accessible by the site used on or accessed through the site, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the site or any linked site.  Further, Mailmessenger disclaims any express or implied representations, warranties, guaranties and conditions, including, but not limited to, any implied representations, warranties, guaranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement, except to the extent that such disclaimers are held to be legally invalid.  Mailmessenger does not warrant that the functions or materials contained on the site will be uninterrupted or error free, that defects will be corrected, or that the site or the server that makes it available is free of viruses or other harmful components.  Mailmessenger's obligations with respect to its equipment, products and services are governed by the agreements under which they are provided and nothing on the site should be construed to alter or limit such agreements.  Mailmessenger may alter the materials or the site, or any materials made available or described on the site such as products and prices, at any time without notice.  The materials on the site may be out of date, and Mailmessenger makes no commitment to revise the materials or the site.  Please note that the site may refer to materials that are no longer available.  Please contact Mailmessenger directly for information regarding the materials and prices that may be available to you.

4. Third Party Providers Disclaimer. You acknowledge and agree that any warranties, liability for damages and remedies, if any, are provided solely by Mailmessenger pursuant to this agreement, and not by any third party providers, including, without limitation, Microsoft or its affiliates or subsidiaries. In addition, you further acknowledge and agree that any product support needed for any of the materials shall be provided by Mailmessenger subject to the terms in the other agreements, and shall not be provided by third-party providers, including, without limitation, Microsoft or its affiliates or subsidiaries. 

5. Limitation of Liability. Mailmessenger shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing or downloading the materials. In no event shall Mailmessenger be liable for any indirect, punitive, special, incidental, or consequential damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however arising, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of any materials available from the site, even if Mailmessenger has been previously advised of the possibility of such damage. You have sole responsibility for the adequate protection and backup of data and/or equipment used in connection with the site and you will not make a claim against Mailmessenger for lost data, re-run time, inaccurate output, work delays, lost profits, or lost opportunities resulting from the use of the materials. Without diminishing the generality of the foregoing, in no case shall Mailmessenger's liability to you under any cause of action exceed the total amount, if any, that you have paid to Mailmessenger for the materials during the six months immediately preceding the event giving rise to the cause of action.

6. Indemnity. You agree to indemnify and hold Mailmessenger, its members, shareholders, directors, officers, employees, affiliates, agents and its Third Party Providers (collectively, the "Mailmessenger Indemnified Parties") harmless from and you covenant not to sue the Mailmessenger Indemnified Parties for, any claims, liabilities, losses, costs (including, without limitation, attorneys' fees), or damages based on or related to: (a) your negligence, error, omission or willful misconduct, (b) your breach of any terms of this Agreement, (c) any claim by a third party that the Mailmessenger Indemnified Parties, due to your use of the Materials or the Site, are liable for contributory infringement of a copyright, patent, trade secret, or other proprietary right of a third party, provided that this indemnity will not apply to any claim to the extent the Materials or the Site infringes on a proprietary right of a third party, (d) any claim by a third party that the Mailmessenger Indemnified Parties, due to your use of or inability to use the Materials or the Site, are liable to a third party in tort or under statutory liability, including, without limitation, defamation, invasion of privacy, spamming or similar theories of law, or (e) your use of the Materials or the Site, except to the extent due to the Mailmessenger Indemnified Parties' gross negligence or willful misconduct.  You agree to cooperate as required in the defense of any claim. Mailmessenger reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Mailmessenger.

7. Modification. Mailmessenger may update this Agreement and/or the Site from time to time, and will notify you of significant changes to this Agreement by sending you an e-mail or by placing a conspicuous notice on the Site.

8. Privacy Policy. You hereby acknowledge that any personally identifiable information that you submit to Mailmessenger through the Site for purposes of receiving information about Mailmessenger or the Materials will be handled in accordance with the terms of Mailmessenger's privacy policy set forth above.

9. General. The Site may include inaccuracies or typographical errors. The section headings in this Agreement are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement. No joint venture, partnership, employment or agency relationship exists between you and Mailmessenger as a result of this Agreement or through your use of the Site. The failure of Mailmessenger to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Mailmessenger in writing. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will remain in full force and effect. This Agreement shall be governed by New York law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. Any and all disputes, actions, claims, or causes of action related to or in connection with this Agreement or the Site shall be brought in the federal and state courts located in New York. This Agreement represents the entire understanding relating to your use of the Site.

10. Intellectual Property Notices. You hereby acknowledge the following proprietary notices and legends: elements of the Site are protected by copyright, trademark, and other intellectual property laws and may not be copied or imitated in whole or in part except as expressly provided in this Agreement. No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Mailmessenger. Mailmessenger, the Mailmessenger logo, and/or other Mailmessenger brand names for the Materials are trademarks of Mailmessenger and may be registered in certain jurisdictions.

11. Contact Information. If you have any questions about this Agreement or the Site, please contact us by e-mail at info@Mailmessenger.com or by telephone at (718) 728-3341.