Terms of Service

SMART Communications, Inc., (`SMART `) shall provide email products and services (`the SMART Service`) to you (`User`) under the terms and conditions of this SMART Service Agreement (`the Agreement`). USER UNDERSTANDS AND ACKNOWLEDGES THAT USER IS ENTERING INTO AN AGREEMENT WITH SMART AND NOT THE WEB SITE WITH WHOM SMART HAS ASSOCIATED TO BRING YOU THIS SERVICE. BY COMPLETING THE REGISTRATION PROCESS AND BY CLICKING ON THE `ACCEPT` BUTTON YOU ARE AGREEING TO BECOME A PARTY TO THIS AGREEMENT WITH SMART AND TO THE TERMS AND CONDITIONS HEREIN AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ANY APPLICABLE ASSOCIATE STATEMENT ACCESSIBLE FROM THE LOG-IN PAGE OF THIS EMAIL SITE. USERS UNDER 13 MAY SIGN UP FOR THE SMART SERVICE ONLY WITH THE CONSENT OF THEIR PARENT OR GUARDIAN.

ACCEPTABLE USE POLICY.
The following policy governs the use of the SMART Service by User. User will comply with the terms and spirit of the Agreement.

1. User shall not use the SMART Service for spamming. Spamming includes, but is not limited to:
   1. the bulksending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients,
   2. the sending of junk mail,
   3. the use of distribution lists that include people who have not given specific permission to be included in such distribution process,
   4. posting commercial ads to USENET newsgroups that do not permit it,
   5. posting articles containing binary encoded data to a non-binary newsgroups,
   6. excessive and repeated posting off-topic messages to newsgroups,
   7. excessive and repeated cross-posting,
   8. email harassment of another Internet user or users, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive, and
   9. the emailing of age- inappropriate communications or content to anyone under the age of 18. SMART has in place a spam monitoring and control system to reduce spam sent to and from Users. SMART shall make reasonable attempts to respond to complaints made by User regarding the receipt of spam or other harassing email or, in the case of a User under the age of 18, complaints from such User or from such User"s parent or guardian regarding the receipt of spam, other harassing email, or email containing any age-inappropriate communications or content.
   
   User shall not use the SMART Service in a manner which violates any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol. User shall not attempt to interfere in any way with SMART networks or network security, or attempt to use the SMART Service to gain unauthorized access to any other computer system.

2. User shall at all times provide SMART with accurate information. User shall immediately notify SMART of any security breach in or unauthorized use of User"s account. User shall not interfere in any way with another User"s use of, or SMART"s provision of the SMART Service. User shall not resell, rent, lease, grant a security interest in, or make commercial use of the SMART services without the express written consent of SMART.

TITLE.
Title, ownership rights, and intellectual property rights in all content and material that is part of, contained in, or accessed through the SMART Service, and provided by either SMART or sponsors or any other content provider shall remain in SMART and/or its sponsors or any other content provider. User acknowledges and agrees that certain college, university, team, celebrity or business names contained within SMART-mail addresses may represent protected trademarks and service marks. Such content and materials are protected by the copyrights, trademark, service mark and patent laws and treaties.

INDEMNIFICATION.
User agrees to indemnify and hold SMART and its licensors, parents, subsidiaries, affiliates, network partner sites, officers and employees (`Affiliated Parties`), harmless from any claim or demand, including reasonable attorneys` fees, made by any third party due to or arising out of User"s use of the SMART Service, the violation of the Agreement by User, or the infringement by User, or other user of the SMART Service using User"s computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any User communications.

DISCLAIMER OF WARRANTY.
SMART EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SMART SERVICE. THE SMART SERVICE IS PROVIDED ON AN `AS IS` BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE PERFORMANCE OF, OR ARISING OUT OF THE USE OF THE SMART SERVICE IS BORNE BY USER. SMART MAKES NO WARRANTY REGARDING ANY GOODS, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE USE OF THE SMART SERVICE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO USER AND USER 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 SMART OR ITS LICENSORS OR RESELLERS BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SMART SERVICE, THE PERFORMANCE OF SMART SERVICE, OR DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFIT, BUSINESS STOPPAGE, LOSS OF DATA OR BUSINESS INFORMATION, COMPUTER DAMAGE, OR DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR CHANGES MADE TO USER"S TRANSMISSIONS OR DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL SMART BE LIABLE FOR ANY DAMAGES IN EXCESS OF WHAT SMART RECEIVED FROM USER FOR THE SMART SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO USER.

INFRINGEMENT.
User represents that the user id selected by the User, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and is not being selected for any unlawful purpose. User acknowledges and agrees that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, SMART may immediately suspend the use of such SMART email address, and User will indemnify and hold SMART harmless, in accordance with the Indemnification section above, for any claim or demand against SMART that arises out of such selection. User acknowledges and agrees that neither SMART nor any of its licensors shall be liable to User in the event SMART is ordered or required, as a result of a court order or legal settlement, or contractual requirement with any licensor, to desist from using or permitting the use of a particular domain name as part of an SMART email address. If as a result of such action, User loses an email address, the User"s sole remedy shall be the receipt of a replacement SMART email address.

MODIFICATION.
SMART reserves the right to modify the SMART Service as described in the Agreement and on the site, and to change the terms and conditions of the Agreement. SMART will post the new Agreement and updated descriptions of the SMART Service on the site. Continued use of the SMART Service after such postings shall be deemed an acceptance by the User to be bound by the terms of the modified Agreement. Users not wishing to be bound by the modified Agreement or SMART Service may terminate the SMART Service pursuant to the Termination section below.

TERMINATION.
SMART Services may be terminated in whole or in part, effective immediately, by either SMART or User at any time upon written notice to the other party. Upon termination, User"s right to use the SMART Service immediately ceases, and SMART is not obligated to forward any unread or unsent messages to User or any third party. SMART shall not be liable to User or any third party for termination of the SMART Service. In the case of a terminated paid SMART Service (`Premium Service`), upon written request to SMART, User shall receive at SMART"s option, either i) reimbursement of the pro-rata portion of the amount paid for the period remaining on User"s account for the terminated Premium Service; or ii) credit for another Premium Service equivalent to the pro-rata portion of the amount paid for the period remaining on User"s account for the terminated Premium Service. There shall be no reimbursement or credit if the SMART Service is terminated due to User"s violation of the terms of this Agreement. SMART reserves the right to terminate User"s email address in the event that SMART"s rights to use certain domain names or email addresses terminate or expire, in which case User shall receive a replacement SMART email address. In addition, SMART retains the right, at SMART"s sole discretion, to terminate any and all parts of the SMART Service provided to User, without refunding User for any annual fees paid but not yet accrued, if it determines that User has failed to comply with any of the terms of the Acceptable Use Policy. If SMART determines that User has failed to comply with any of the terms in Section (a) above, of the Acceptable Use Policy, SMART shall when appropriate, (1) facilitate criminal prosecution against such User by referring User"s spamming activity to the appropriate legal authorities, and (2) bring a civil action against such User, who shall be liable to SMART for any direct, indirect, special, incidental, or consequential damages incurred by SMART as a result of User"s spamming or other prohibited activity.

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.

ACTION LIMIT.
User and SMART agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

NO WAIVER.
No waiver on the part of SMART 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.

SMART SUCCESSORS AND ASSIGNS.
This Agreement shall be binding upon and inure to the benefit of any SMART successor companies or assigns.

HEADINGS.
The headings in this Agreement are for convenience only and shall not affect the meaning or interpretation of this Agreement or any provision thereof.

ENTIRE AGREEMENT.
This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written, relating to the subject matter hereof.

GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines applicable to agreements executed and performed wholly within the Republic of the Philippines.