. RSFF TERMS OF SERVICE AGREEMENT

Revision Date: January 15, 2005

Please read these Terms of Use carefully. Any use by you of the Site or Materials constitutes your acceptance without modification of these Terms of Use and any incorporated notices, terms and conditions.

ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT


The Services, provided by Company on behalf of Client, are provided to User under the terms and conditions of this Agreement. This Agreement comprises the entire agreement between user and company and supersedes any prior agreements pertaining to the subject matter contained herein. The changed or revised Agreement will be effective immediately after it is posted on this Web site.

Service


RSFF provides a FREE service of blocking Spam Mail coming from the source herein called sender. RSFF will make all reasonable efforts to block emails sent to you by unverified Senders during the free subscription period. RSFF reserves the right, without liability to you or any other third party, to modify or discontinue, temporarily or permanently, in whole or in part, the Services without notice.

Registration


In consideration for access to the FREE Services, and to establish a Services account, you must provide RSFF with certain information ("Registration Data") requested on the registration form; inquiries marked "required" must be answered. You agree that the Registration Data you provide is true, accurate, current and complete, and will be maintained and updated by you to keep it true, accurate, current and complete. RSFF reserves the right to terminate your use of the Services and refuse to provide you with any and all current or future use of the Services if RSFF, in its sole discretion, determines that any of your Registration Data is untrue, inaccurate, not current or incomplete. You will select a user name and password and will receive an account number upon completing the registration process. You are responsible for maintaining the confidentiality of your user name and password and account number and are fully responsible for all activities, charges and/or liabilities that occur under your user name and password or account number whether or not authorized by you. You will immediately notify RSFF of any unauthorized use of your user name and password or account or any other breach of security. RSFF cannot, and will not, be liable for any loss or damage arising from your failure to comply with this section. User Responsibilities:

Laws, Regulations Compliance


You will not use the Services for illegal purposes but will abide by and comply with all applicable local, state, national, and international laws and regulations in your use of the Services (including laws regarding the transmission of technical data exported from the United States), and all requirements, procedures, policies and regulations of networks connected to the Services.

Abuse


You will not interfere with or disrupt the use and enjoyment of the Services by other users; or the Services or servers or networks connected to the Services (including, without limitation, any attempt to gain unauthorized access to other computer systems or networks connected to the Services). You will report any violations of the terms of this Agreement by other users of the Services of which you become aware by contacting RSFF at info@rsff.com.

All Spam Emails May Not Be Blocked


You acknowledge that the Services are not guaranteed to block all undesired email from Senders and that you may continue to receive such emails. Further, you understand and acknowledge that despite the exercise of commercially reasonable efforts on the part of RSFF, your emails may be delayed or inadvertently lost.

Account Access


RSFF is not responsible in any way for, and does not guaranty the availability of, any email from or links to third party Web sites and resources, which may be accessed through the RSFF Web site. In addition, RSFF does not endorse and is not responsible or liable for any content, advertising, goods or services, or other materials available on or from such Web sites or resources. RSFF will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods or services, or other materials on or available from such Web sites or resources.

Privacy


RSFF believes strongly in protecting user privacy and providing you with notice of RSFF's use of data, including personal identifying information, collected on the RSFF Web site. Please refer to the current RSFF Privacy Statement for information regarding how RSFF uses and collects information.

Termination:


By RSFF: RSFF may terminate this Agreement or any part of the Services at any time in the event you breach any obligation hereunder, fail to respond within ten (10) calendar days to an inquiry from RSFF concerning the accuracy or completeness of the information referred to in this Agreement, or if RSFF determines in its sole discretion that you have violated this Agreement.

By Notice Prior to End of Term: Either party may terminate this Agreement by giving thirty days' notice prior to the conclusion of the Term. In this case, the termination will take effect at the conclusion of the Term. In order for your termination to be effective, you must provide notice by completing the "Termination of Service" form found on the RSFF Web site at www.rsff.com .

Effect of Termination: If termination of this Agreement is due to your breach hereunder, you will bear all costs of such termination, including any reasonable costs RSFF incurs in closing your account. You will pay any and all costs incurred by RSFF in enforcing your compliance with this Article. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. Upon termination for any reason regardless of whether a subsequent termination occurs, RSFF may delete all or part of the information related to you on the Services.

Indemnity


You will release, indemnify, defend and hold harmless RSFF, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement, (2) the Services or your use of such Services, (3) any intellectual property or other proprietary right of any person or entity, (4) your violation of any of the provisions of this Agreement, or (5) any information or data you supplied to RSFF, including, without limitation, any misrepresentation in your Registration Data, if applicable. When RSFF is threatened with suit or sued by a third party, RSFF may seek written assurances from you concerning your promise to indemnify RSFF; your failure to provide those assurances may be considered by RSFF to be a material breach of this Agreement. RSFF will have the right to participate in any defense by you of a third-party claim related to your use of any of the Services, with counsel of RSFF's choice at its expense. RSFF will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend RSFF against any claim, but you must receive RSFF's prior written consent regarding any related settlement. The terms of this Article will survive any termination or cancellation of this Agreement.

Disclaimer of warranties


YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RSFF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, ANY RESULTS OBTAINED THROUGH THE SERVICES AND ANY GOODS OR SERVICES OBTAINED ON OR THROUGH THE SERVICES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RSFF MAKES NO WARRANTY:

THAT THE SERVICES WILL SUCCESSFULLY BLOCK ALL UNDESIRED EMAIL;

THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED;

REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SERVICES;

REGARDING ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICES (DOWNLOADING OR ACCESS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA); OR

THAT THE SERVICES WILL NOT CAUSE YOUR EMAILS TO BE DELAYED OR INADVERTENTLY LOST.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RSFF OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability


RSFF'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY SERVICES PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID DURING THE TERM.

RSFF WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES IN ANY MANNTER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE SERVICES; (2) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; (3) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; OR (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF RSFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

RSFF WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Notices and Announcement


You authorize us to notify you of information that RSFF deems is of potential interest to you. Notices and announcements may include commercial emails and other notices describing changes, upgrades, new products and services or other information pertaining to Internet security or to enhance your identity on the Internet and/or other relevant matters. All notices must be sent either in writing (including email, but only to the extent expressly provided herein). All written notices to RSFF shall be delivered to RSFF Attention: Legal, 315 Forsgate Drive NJ 08831. All notices to you will be delivered to your mailing address or email address as provided in your account information (as updated by you pursuant to this Agreement). RSFF may also provide notices of changes to this Agreement or any other matter by displaying notices to you generally on the RSFF Web site. Either of us may change RSFF's respective address by written notice delivered to the other party. All notices in writing must be sent by either overnight courier or certified mail, return receipt requested.

Agreement to be Bound


By applying for the Services through RSFF's online registration process or otherwise, or by using the Services, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.

General


Entire Agreement: This Agreement comprises the entire agreement among you and RSFF and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver: The failure of RSFF to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law and Jurisdiction: This Agreement will be governed by the laws of the State of Washington without regard to its conflict of law principles to the contrary. Neither party will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default under this Agreement, or otherwise arising under or by reason of this Agreement, other than in the state or federal courts located in King County, State of Washington. Each party hereby irrevocably consents to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. Each party hereby waives any rights to trial by jury claim arising out of this Agreement and any related documents.

Statute of Limitation: 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 Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Heading: The section headings and titles in this Agreement are for convenience only and have no legal or contractual effect.

Force Majeure: Neither party will be deemed in default hereunder, nor will it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this section will give the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) will take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this paragraph extends for a period in excess of thirty (30) days in the aggregate, RSFF may immediately terminate this Agreement.

Survival: In the event this Agreement terminates as provided herein, Articles I, II, III, IV, VII, VIII, IX, X, XII and XIII of this Agreement will survive such expiration or termination.

I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.


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