Sendmail Inc. ("Sendmail") provides the milter.org web site as an index of mail transfer agent extensions ("milters") and such other software, products, documentation and materials as Sendmail may choose to include (collectively the "Software"). Milter.org and other Sendmail web sites (collectively, the "Sites") are provided subject to your compliance with the terms and conditions below. BY ACCESSING THE SITES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITES.
- RULES. While visiting the Sites, you may not: post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Sites in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Sites or the Internet; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Sites which is protected by copyright or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or rightholder.
- MONITORING. Sendmail has no obligation to monitor the Sites. However, you agree that Sendmail has the right to monitor the Sites electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Sites properly, and to protect itself and its subscribers. Sendmail will not intentionally monitor or disclose any private electronic-mail message unless required by law. Sendmail reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
- PRIVACY. Sendmail cannot ensure or guarantee privacy for Sendmail users. It is therefore recommended that this service not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user, and Sendmail and its affiliate and related companies shall be relieved of all liability in connection therewith.
- THIRD-PARTY LINKS. Sendmail may host Software on the Site, or it may refer site visitors to third-party sites to download Software. Sendmail, account holders on milter.org, visitors to the Sites and other parties may provide links from Sites to other websites for other purposes as well. Sendmail exercises no control whatsoever over such third-party websites and web-based resources and is not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon. Sendmail shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.
- BUYING OVER THE INTERNET. When making purchases or other transactions through the Sites or the Internet, you may be asked by the merchant or information or service provider to supply certain information, Including credit card or other payment mechanisms. You agree that all information you provide any merchant or information or service provider through the Sites will be accurate and complete. You agree to pay all charges incurred by you or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on the Sites. Sendmail is in no way responsible for any charges you or any user of your account incurs when making purchases or other transactions in this manner.
- LIMITATION OF LIABILITY. Sendmail takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the Sites. Further, Sendmail makes no representations about the suitability of any of the information contained in Software, documents and related graphics on the Sites for any purpose. All such software programs, documents and related graphics are provided without warranty of any kind. In no event shall Sendmail be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the service.
- RECOURSE. If you are dissatisfied with the Sites or with any terms, conditions, rules, policies, guidelines, or practices of Sendmail in operating the Sites, your sole and exclusive remedy is to discontinue using the Sites.
- CONFIDENTIAL INFORMATION. You authorize Sendmail to collect from any party and to retain all relevant information relating to your use of the Sites, and you hereby authorize any party to provide us with such information. You understand and agree that unless you notify Sendmail to the contrary by e-mailing us, you further authorize Sendmail to disclose, on a confidential basis, to any party with whom Sendmail has business relations all relevant information relating to your dealings with us and the Sites.
- INDEMNITY. You agree to defend, indemnify and hold Sendmail and its affiliate and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any Violation of this Agreement by you or users of your account, or in connection with the use of the Sites or the Internet or the placement or transmission of any message, information, software or other materials on the Sites or on the Internet by you or users of your account.
- TRADEMARKS. Sendmail® and other names, logos and icons identifying Sendmail and Sendmail's products and services referenced herein are trademarks or registered trademarks of Sendmail. All other product and/or brand or company names mentioned on the Sites are the trademarks of their respective owners.
- DISCLAIMER. THE SOFTWARE CONTAINED IN THIS ARCHIVE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE USER, AND IN NO EVENT WILL SENDMAIL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR DIRECT DAMAGES SUFFERED IN THE COURSE OF USING THE SOFTWARE IN THIS ARCHIVE. USE OF THE FREEWARE AND SHAREWARE PROGRAMS CONTAINED IN THIS ARCHIVE ARE GOVERNED BY THEIR RESPECTIVE LICENSE AGREEMENTS AND MAY CONTAIN RESTRICTIONS ON USE INCLUDING, BUT NOT LIMITED TO, THE REQUIREMENT(S) TO PAY THE AUTHOR(S) A SPECIFIED AMOUNT AFTER A TRIAL PERIOD HAS ELAPSED.
- MODIFICATIONS TO AGREEMENT. You agree that we may: revise the terms and conditions of this Agreement from time to time. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the Site. You agree to review the Site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Site following notice of any revision to this Agreement, you shall abide by any such revisions or changes.
- MISCELLANEOUS. This Agreement, including any and all documents referenced herein, constitute the entire agreement between Sendmail and you pertaining to the subject matter hereof. Sendmail's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the laws of the state of California, and the federal laws of the USA applicable therein.