TERMS OF SERVICE FOR AIRMAIL

The use of the AIRMail e-mail application ("AIRMail") is subject to our Privacy Policy and our Terms of Service. By logging into and using AIRMail you agree to abide by the following specific provisions of our Terms of Service:

To register for our Services, including AIRMail, you must first provide current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security of which you become aware. We will not be liable for any loss that you may incur as a result of someone else's using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else's using your account or password. You may not use anyone else's account at any time.

You agree to use AIRMail only for purposes that are legal proper and in accordance with our Terms of Service and any applicable law and regulations. You may not:

·                 use the Sites and Services in any manner that could damage, disable, overburden, or impair the Sites or Services, or interfere with any other party's use and enjoyment of the Sites or Services;

                 attempt to gain unauthorized access to the Sites or Service, or the computer systems or networks connected to the Sites through hacking, password mining or any other means;

                 create user accounts by automated means or under false or fraudulent pretenses or use a false identity for the purpose of misleading others;

                 harvest or otherwise collect information about others, including e-mail addresses;

                 transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;

                 use the Sites or Services in connection with pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);

                 defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

                 upload, post, email or transmit, or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content, including sexually explicit images and text;

                 upload, post, email or transmit, or otherwise make available through the Sites or Services any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party or that removes or falsifies author attributions, legal or other proper notices or other proprietary designations, unless you are the owner of such rights or have the permission of the owner to post such content;

                 upload, post email or transmit, or otherwise make available any content as to which you do not have the rights;

                 interfere or attempt to interfere with the proper working of the Sites or Services;

                 impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;

                 remove any copyright, trademark or other proprietary rights notices contained in or on the Sites;

                 use the Sites or Services for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state laws or regulations, or equivalent laws or regulations in foreign jurisdictions); or

                 use the Sites or Services for any unauthorized commercial purpose whatsoever.

AIRMail is designed to enable you to communicate with others. You agree to use AIRMail only to post, send and receive messages and material that are proper. We have no obligation to monitor your use of the service. However, we reserve the right to review your use of AIRMail and to remove any materials in our sole and absolute discretion. In addition to pursuing all other remedies available to us at law or in equity, we reserve the right to terminate your access to any or all of AIRMail at any time, with or without notice, for any reason whatsoever. We further reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion. We shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

We will immediately terminate any account that we believe, in our sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.  In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then in addition to seeking any other remedy available to us at law or in equity, you agree to pay us liquidated damages of $50 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account.

 

In accordance with Section 512 of the Digital Millennium Copyright Act (the "Act"), we have designated the following individual as an agent to receive notifications of any claimed infringements covered by the Act, including posting of unauthorized content:  Timothy Hayes, Executive Director, AIRCRE.com, 800 West 6th Street, Suite 1000, Los Angeles, CA 90017 or thayes@aircre.com with "DMCA" in the subject line.