SMILE INTERNET EMAIL TERMS OF SERVICE 1. ACKNOWLEDGMENT AND ACCEPTANCE OF SMILE'S TERMS OF SERVICE Welcome to Smile Internet Networks' email, web, consulting, design, and network services (the "Service"), owned and operated by Smile Internet Networks, Inc. ("Smile"), a service through which registered Smile users pay for Smile's services. The Service is provided to you under the terms and conditions of Smile's Terms of Service, which you may review at http://www.smileglobal.com/tos.html ("the Agreement"). For clarity, Smile's Products are a "Service" as defined in the Agreement. Smile can update and change the Agreement from time to time without notice to you. BY CLICKING ON THE "I AGREE" BUTTON, YOU AGREE TO BE BOUND BY THIS AGREEMENT, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. USE OF THE SERVICE CONSTITUTES FULL AND UNCONDITIONAL ACCEPTANCE OF THIS AGREEMENT. 2. SMILE SERVICE REGISTRATION. In order to sign up for the Service, you must have your Visa or MasterCard. You agree (a) that the credit card number and other information you provide on the signup page is valid, accurate, current and complete and (b) to maintain and promptly update that information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Smile has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Smile has the right to terminate your account and refuse any and all current or future access to or use of the Service. 3. PAYMENT TERMS. Your credit card will automatically be charged the current fee for the level of Service you choose on the date that you click on the "Submit" Button. Your credit card will also automatically be charged the then-current fee for that Service at the commencement of each renewal term. Fees may not be credited towards other services. Current fees will be posted on the Smile website in the appropriate section. Please note, unless Smile provides express notice otherwise, payment for the Service is non-refundable. 4. TERM AND TERMINATION. 4.1 The Service is provided on a calendar basis commencing on the date that you sign up for the Service. The Service will automatically be renewed on the anniversary of that sign-up date each service term and the Service will be automatically renewed at the then-current fee. If you choose to cancel the Service at any time, your cancellation will take effect at the end of your currently in effect billing cycle and your Smile services and access will be turned off at the end of that billing cycle. Any refund of service fees will be at the sole discretion of Smile, and if offered will be provided on a pro rata basis. Cancellation of service may be effected via email, telephone call, fax, or postal letter. Cancellation notice must be received BEFORE the end of the current service term. Cancellation received AFTER the end of the current service term will then take effect at the end of the NEXT billing cycle. 4.2 Smile may, but has no duty to, immediately terminate the Service if Smile in its sole discretion if it concludes that you have provided false information in connection with your Smile sign up form, are engaged in fraudulent or illegal activities, or are engaged in activities that may damage the rights of Smile or others. 4.3 In addition, Smile may immediately terminate the Service if you fail to abide by the terms of this Agreement. Termination of the Service may result in the deactivation or deletion of your Smile account(s), and the forfeiture and relinquishment of all files you have accrued on the Smile servers. If your credit card is invalid for any reason or Smile does not receive payment for the Service, your Service will be discontinued. 5. RESERVATION OF RIGHTS Smile Services and its benefits are offered at the discretion of Smile, and Smile has the right to modify or discontinue, temporarily or permanently, the Service, in whole or in part for any reason, at its sole discretion, with or without notice to you. You agree that Smile will not be liable to you or any third-party for any modification or discontinuance of the Service, , and you agree to indemnify and hold harmless Smile, and its agents and successors, in the event of any modification or discontinuance of the Service. 6. DOMAIN NAME REGISTRATION AGREEMENT AND UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLLICY Smile Internet Networks, Inc. follows the ICANN rules and agreements regarding domain names and their registration. By transferring, parking, or registering a domain name with Smile, you agree to the registration agreement posted here: http://www.smileglobal.com/domain_reg_agreement.htm In addition, Smile follows the ICANN adopted policies regarding domain name disputes as stated here: http://www.icann.org/dndr/udrp/policy.htm 7. INVALIDITY OF SPECIFIC TERMS If any provision of these terms or any document incorporated by reference 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 such documents remain in full force and effect. 8. LOCATION OF LAWSUIT The Terms of Service, which apply to your use of the Services, provide that both you and Smile agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Sonoma, California, USA. The Smile Terms of Service, these Terms of Service, the Smile Mail Guidelines, and the relationship between you and Smile shall be governed by the laws of the State of California without regard to its conflict of law provisions.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF SMILE'S TERMS OF SERVICE Welcome to Smile Internet Networks' email, web, consulting, design, and network services (the "Service"), owned and operated by Smile Internet Networks, Inc. ("Smile"), a service through which registered Smile users pay for Smile's services. The Service is provided to you under the terms and conditions of Smile's Terms of Service, which you may review at http://www.smileglobal.com/tos.html ("the Agreement"). For clarity, Smile's Products are a "Service" as defined in the Agreement. Smile can update and change the Agreement from time to time without notice to you. BY CLICKING ON THE "I AGREE" BUTTON, YOU AGREE TO BE BOUND BY THIS AGREEMENT, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. USE OF THE SERVICE CONSTITUTES FULL AND UNCONDITIONAL ACCEPTANCE OF THIS AGREEMENT. 2. SMILE SERVICE REGISTRATION. In order to sign up for the Service, you must have your Visa or MasterCard. You agree (a) that the credit card number and other information you provide on the signup page is valid, accurate, current and complete and (b) to maintain and promptly update that information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Smile has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Smile has the right to terminate your account and refuse any and all current or future access to or use of the Service. 3. PAYMENT TERMS. Your credit card will automatically be charged the current fee for the level of Service you choose on the date that you click on the "Submit" Button. Your credit card will also automatically be charged the then-current fee for that Service at the commencement of each renewal term. Fees may not be credited towards other services. Current fees will be posted on the Smile website in the appropriate section. Please note, unless Smile provides express notice otherwise, payment for the Service is non-refundable. 4. TERM AND TERMINATION. 4.1 The Service is provided on a calendar basis commencing on the date that you sign up for the Service. The Service will automatically be renewed on the anniversary of that sign-up date each service term and the Service will be automatically renewed at the then-current fee. If you choose to cancel the Service at any time, your cancellation will take effect at the end of your currently in effect billing cycle and your Smile services and access will be turned off at the end of that billing cycle. Any refund of service fees will be at the sole discretion of Smile, and if offered will be provided on a pro rata basis. Cancellation of service may be effected via email, telephone call, fax, or postal letter. Cancellation notice must be received BEFORE the end of the current service term. Cancellation received AFTER the end of the current service term will then take effect at the end of the NEXT billing cycle. 4.2 Smile may, but has no duty to, immediately terminate the Service if Smile in its sole discretion if it concludes that you have provided false information in connection with your Smile sign up form, are engaged in fraudulent or illegal activities, or are engaged in activities that may damage the rights of Smile or others. 4.3 In addition, Smile may immediately terminate the Service if you fail to abide by the terms of this Agreement. Termination of the Service may result in the deactivation or deletion of your Smile account(s), and the forfeiture and relinquishment of all files you have accrued on the Smile servers. If your credit card is invalid for any reason or Smile does not receive payment for the Service, your Service will be discontinued. 5. RESERVATION OF RIGHTS Smile Services and its benefits are offered at the discretion of Smile, and Smile has the right to modify or discontinue, temporarily or permanently, the Service, in whole or in part for any reason, at its sole discretion, with or without notice to you. You agree that Smile will not be liable to you or any third-party for any modification or discontinuance of the Service, , and you agree to indemnify and hold harmless Smile, and its agents and successors, in the event of any modification or discontinuance of the Service. 6. DOMAIN NAME REGISTRATION AGREEMENT AND UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLLICY Smile Internet Networks, Inc. follows the ICANN rules and agreements regarding domain names and their registration. By transferring, parking, or registering a domain name with Smile, you agree to the registration agreement posted here: http://www.smileglobal.com/domain_reg_agreement.htm In addition, Smile follows the ICANN adopted policies regarding domain name disputes as stated here: http://www.icann.org/dndr/udrp/policy.htm 7. INVALIDITY OF SPECIFIC TERMS If any provision of these terms or any document incorporated by reference 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 such documents remain in full force and effect. 8. LOCATION OF LAWSUIT The Terms of Service, which apply to your use of the Services, provide that both you and Smile agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Sonoma, California, USA. The Smile Terms of Service, these Terms of Service, the Smile Mail Guidelines, and the relationship between you and Smile shall be governed by the laws of the State of California without regard to its conflict of law provisions.