1. Use of PureInbox™ Inc. Products

While PureInbox™ uses reasonable efforts to ensure all information on this site is accurate and current, your use of this site and this product is at YOUR OWN RISK. PureInbox™ service is provided AS IS and AS AVAILABLE.

2. No Warranty or Representation

Neither PureInbox™, its partners, suppliers, nor any other party involved in creating, producing or delivering the information on this site is liable for any direct, indirect, incidental, special, consequential, punitive or other damages or loss whatsoever, arising out of or in connection with your access to or use of this site. This includes business interruption and loss of use, data, information and profits (regardless of the form of action, including but not limited to contract, negligence or other tortious act). This limitation applies even if PureInbox™ has been advised of, or foresees, the possibility of any damages occurring.

PureInbox™ Inc. makes NO Warranty that:

1. Services will block all undesired email.
2. Services will not cause your email to be delayed or inadvertently lost.

3. Use of Information

You agree not to use any information on this site or linked to this site in any claims, proceedings, suits or actions against PureInbox™, its partners or suppliers.

1. Monitoring PureInbox™ is under no obligation to monitor this site and assumes no responsibility or liability for content changed without our consent.
2. Links to other sites - Throughout this site, PureInbox™ may provide links to other sites for your convenience. These sites are independent from PureInbox™ and we do not endorse, control or make any representations, warranties or conditions concerning their contents or links.
3. It is your responsibility to verify any information contained within linked sites before relying on it. Also, the information contained in the links may be changed or updated at any time without notice. Linked sites may have their own terms and conditions which you should locate and review.
4. It is your responsibility to verify any information contained within linked sites before relying on it. Also, the information contained in the links may be changed or updated at any time without notice. Linked sites may have their own terms and conditions which you should locate and review.
5. Copyright - You should assume everything you see or read on this site is copyrighted unless otherwise noted. You are free to use the content for non-commercial purposes provided you do not modify it and provided you retain all copyrights and other proprietary notices contained in the content. You require our written consent to copy or display any portion of the content for redistribution to third parties or for commercial purposes.
6. Trademarks - The trademarks, logos, service marks and other names and icons identifying products and services on this site are registered and unregistered trademarks of PureInbox™ and others.
7. Acceptable Use Policy You acknowledge that you have read the PureInbox™ Acceptable Use Policy and you agree that your use of this site is subject to the terms of this Policy.
8. Consent - You acknowledge that you have read the PureInbox™ Privacy Commitment (as it may be updated from time to time). You hereby consent to the collection, use and disclosure by PureInbox™ and its agents (for the purposes identified in the Privacy Commitment) of personal information collected by PureInbox™ or its agents from you through your use of this site.
9. Viruses - PureInbox™ assumes no responsibility or liability for any damages (including without limitation any damages caused by viruses) to your computer software, equipment or other property in connection with your access to or use of this site or your downloading of any data, text, images, files or other materials from the site.
10. Right of indemnification - You agree to defend, indemnify and hold PureInbox™, its partners, suppliers, affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of these terms and conditions by you, or related to your use of the site.
11. Waiver - PureInbox™'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or rights contained in these terms and conditions.
12. Governing laws - These terms and conditions shall be governed by the provincial laws of Alberta and the federal laws of Canada that apply in Alberta. You agree to be bound by the laws of these jurisdictions. You hereby consent to the exclusive jurisdiction and venue of the courts of Alberta, Canada, for all disputes related to this site.
13. CRTC Compliance - PureInbox™ and you acknowledge and agree that:
    1. the charges for, and availability of, any content or services supplied by PureInbox™ through this site are in no way contingent or conditional on your subscription for the provision of any tariffed or tariffable service from a PureInbox™ affiliate; and
    2. non-forborne telecommunications services, and bundled services that include non-forborne telecommunications services, are required to be provided, and shall only be provided, in accordance with tariffs approved by the Canadian Radio-television and Telecommunications Commission. Tariffs applicable to the content and services supplied by PureInbox™ through this site include the following: None. The provision of such content and services is either non-regulated or forborne.
14. Customer Information - In relation to all telecommunications services provided by PureInbox™ hereunder, unless you provide express consent or disclosure is pursuant to a legal power, all information kept by PureInbox™ regarding you, other than your name, address and listed telephone number, is confidential and may not be disclosed by PureInbox™ to anyone other than you; a person who, in the reasonable judgement of PureInbox™ is seeking the information as your agent, and disclosure is made on a confidential basis with the information to be used only for that purpose, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; an agent retained by PureInbox™ to evaluate your creditworthiness or collect your account, provided the information is required for and is to be used only for that purpose; or to a public authority or agent of a public authority, if in the reasonable judgement of PureInbox™ it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information. Express consent may be taken to be given by you where you provide written consent, oral confirmation verified by an independent third party, electronic confirmation through the use of a toll-free number, electronic confirmation via the Internet, oral consent where an audio recording of the consent is retained by PureInbox™, or consent through other methods, as long as an objective documented record of your consent is created by you or by an independent third party. For the purposes of the foregoing paragraph, you hereby expressly consent to the collection, use and disclosure by PureInbox™ and its agents of your personal information to the extent such collection, use and disclosure is authorized under the paragraph entitled "Consent" in these terms and conditions.

4. General Terms and Conditions

You agree not to use any information on this site or linked to this site in any claims, proceedings, suits or actions against PureInbox™, its partners or suppliers.

A. Term

1. Term. The term of this Agreement begins on the earlier of the date of the Customer's registration and continues until the Customer no longer receives any Service under this Agreement. The term of this Agreement (the "Term") will begin on the date the customer clicks on the "I Accept/ I Agree" button during the registration process. This Agreement will only apply beginning on the date on which the customer elects to receive the Services for the Fee, or if applicable, the date the Trial Period expires.

B. Termination

1. Termination of Agreement During the Trial Period. If the customer declines to continue the Services during the Trial Period, the customer will not be charged for the Services.
2. Termination at any time: Failure to pay the required Fee will result in termination of service. If the Customer requests to terminate the service, PureInbox™ Inc. will only refund the unused portion of the payment, less administrative fees.
3. If termination of this Agreement is due to your breach hereunder, you will bear all costs of such termination, including any reasonable costs PureInbox™ incurs in closing your account. You will pay any and all costs incurred by PureInbox™ 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 or upon your failure to continue past the Trial Period, regardless of whether a subsequent termination occurs, PureInbox™ may delete all or part of the information related to you on the Services.

C. Service Use and Limitations

The Customer shall, at all times, use the Services in compliance with all Laws, and all applicable PureInbox Inc. policies, including the Acceptable Use Policy for Internet Access Services, the IP Address Policy and the Privacy Policy and shall not use nor permit usage of any Service for any Improper Use.

D. Limited Software License

To the extent that PureInbox Inc. provides software in relation to the Services or associated hardware, PureInbox Inc. grants to the Customer a temporary, non-exclusive and non-transferable license to such software for the sole purpose of enabling the Customer to use such Services as intended.

E. Confidentiality and Privacy

1. Disclosure. The Parties may disclose to each other certain Confidential Information, either directly, as by verbal or written communications, or indirectly, as by permitting employees of one Party to observe various operations or processes conducted by the other. These disclosures are made upon the basis of each Party's agreement that, unless specifically authorized in writing by the other, it will, subject to subsection 2,
   1. use such Confidential Information solely for the purpose of carrying out its obligations under this Agreement;
   2. promptly return to the disclosing Party, upon its request, all tangible material concerning Confidential Information, including all copies and notes, whether such material was made or compiled by the receiving Party or furnished by the disclosing Party; and
   3. take reasonable precautions to protect from disclosure Confidential Information disclosed to it by the other.
2. Exception. The obligations imposed herein shall not apply to Confidential Information which is disclosed pursuant to Law, provided that if disclosure is requested, the Party being required to disclose the Confidential Information shall provide the other Party with prompt notice of the request to enable the other Party to seek a protective order, and shall take reasonable steps to limit the amount of disclosure.
3. Injunction. In the event of a breach, or threatened breach, of any of the foregoing provisions, the Parties agree that the harm suffered by the injured Party would not be compensable by monetary damages alone and, accordingly, that the injured Party shall, in addition to other available legal or equitable remedies, be entitled to seek an injunction against such breach or threatened breach.
4. Personal Information. PureInbox Inc. is authorized to have access to and to make use of Personal Information for the term of this Agreement as is appropriate for the performance by PureInbox Inc. of its obligations hereunder. However, the Customer will be the controller of its Personal Information for purposes of all applicable laws relating to data privacy, trans border data flow and data protection (collectively, the Privacy Laws, and nothing in this Agreement will restrict or limit in any way the Customer's rights or obligations as controller of Personal Information for such purposes. Without limiting the foregoing, the Customer acknowledges and agrees that it has obtained all necessary authorizations and consents required under Privacy Laws to permit PureInbox Inc. to process Personal Information in providing the Services.
5. PureInbox Inc. has responsibilities prescribed by applicable Privacy Laws as a processor of Personal Information, and has a privacy policy to protect all Personal Information, available at www.sprintcanada.ca, which the Customer should review.

F. Liability of PureInbox Inc.

PureInbox Inc.'s liability to the Customer under this Agreement, if any, shall not exceed the total charges for the Service(s) in question during the month in which the event giving rise to the liability occurred. PureInbox Inc.'s liability to the Customer, if any, shall be limited to direct damages. In no event shall PureInbox Inc. be liable for lost profits, loss of data, economic loss, or any other indirect, incidental, consequential, special, exemplary or punitive damages of any kind (even if the PureInbox Inc. has been advised of the possibility of such damages), arising out of or in any way connected with this Agreement. These limitations apply to all causes of action, including breach of contract and tort (including negligence).

G. Events Which Excuse Performance

A Party which, indirectly or directly, defaults or delays in its performance of its obligations under this Agreement, other than payment obligations, as a result of a force not within the reasonable control of such Party shall not be liable under this Agreement for the default or delay.

1. 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.

H. Relationships

Pursuant to this Agreement, PureInbox Inc. is an independent contractor to the Customer. Neither Party shall

1. be considered as the agent, employee or partner of the other Party; or
2. have the right or authority to, in any manner, obligate the other Party to any other person or company except as specifically authorized in writing by the other Party. No agents or employees of other carriers shall be deemed to be agents or employees of PureInbox Inc..

I. Dispute Resolution

1. Informal Resolution. Prior to initiating arbitration pursuant to subsection 19(b), the Parties shall first attempt to resolve any Dispute informally and confidentially, in the following way:
   1. upon the written request of a Party, each Party shall appoint a designated representative whose task it will be to meet for the purpose of attempting to resolve the Dispute;
   2. the representatives shall meet as often as they feel necessary to discuss the issue and negotiate in good faith in an effort to resolve the Dispute without the necessity of any formal proceeding; and
   3. the specific format of the discussions shall be left to the discretion of the designated representatives, but may include the preparation of agreed-upon statements of facts or written statements of position. In the case of a Dispute with respect to billing, the Customer may require an in-depth review of the disputed amount.
2. Arbitration. If a Dispute cannot be resolved informally, it shall be determined by arbitration pursuant to the laws of the Province of Alberta whose laws govern this Agreement. Either Party may give written notice to the other of its desire to submit the Dispute to arbitration stating with reasonable particularity the subject of this Agreement and supersedes and replaces all previous discussions, negotiations and agreements.
3. No implied warranty. Except as specifically provided in this Agreement, PureInbox Inc. makes no express or implied warranty or condition, whether of merchantability, fitness for a particular purpose, or otherwise, with respect to any Services, product or equipment provided to the Customer by PureInbox Inc..
4. Amendment. This Agreement may only be amended upon written agreement between the Parties.
5. Governing Law. This Agreement and the rights and obligations of the Parties hereunder shall be governed by, and construed in accordance with, the (a) laws of the province in which the Customer's Main Account, or, if there is no main account, the province where the designated billing address, is situate (as of the date of execution of such Agreement), or, if such location is not situate in Canada, then the province of Alberta, and (b) the federal laws of Canada applicable therein.
6. Language of Agreement. PureInbox Inc. and the Customer confirm that they wish to have this Agreement written in English only. Les Parties aux présentes confirment leur volonté que cette Convention soit rédigée en langue anglaise seulement.
7. Order of Precedence. In the event of a conflict between the various components of this Agreement, the following order of precedence will apply:
   1. Confirmation of Lease Agreement
   2. Commercial Summary
   3. Ancillary documentation, such as purchase orders, Service request forms and Data Services quotes/attachments
   4. Service Descriptions and
   5. These General Terms and Conditions.
8. No Waiver. No waiver of any term or provision or of any breach or default will be valid unless in writing and signed by the Party giving such waiver and no such waiver will be deemed a waiver of any other terms or provision or of any subsequent breach or default of the same or similar nature.
9. Entire Agreement. This Agreement comprises the entire agreement between the customer and PureInbox™ Inc. and supersedes any prior agreements pertaining to the subject matter contained herein.

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

Copyright© 2008 PureInbox™ Inc.