Email Service Terms of Use UJATcare.com Inc.

These terms govern your use of the UJATcare.com Inc. email hosting SMTP, IMAP, POP3 services and any software that we include as part of the Services, including any applications,

The products or services are provided to you and all persons who use the Service and/or UJATCARE.COM INC. eMail services (“you,” or “your”) , or any other associated service is solely according to the terms and conditions set forth in this Agreement (the “Agreement”) and any includes applicable tariffs, service guides, posted policies and procedures, by UJATCARE.COM INC. (“UJATCARE” “we,” “us” or “our”).

For purposes of this Agreement, “affiliate” means any entity that controls, is controlled by or is under common control of UJATCARE.COM INC. and may include, but are not limited to, software as a service platform, hardware and software as a service referred to as the email services, and other such services as UJATCARE.COM INC. may determine are ancillary to its email services (each a “Service” and collectively the “Services”). The Service(s) provided under this Agreement do not include UJATCARE.COM INC. owned or controlled websites which have their own terms of service and policies that are accessible from those sites.

You may not modify this Agreement by making any typed, handwritten, or any other changes for any purpose.

This agreement and all applicable legal terms and conditions as published here and as may be amended from time to time constitutes the entirety of agreements between us and supersede and extinguish all previous agreements, arrangements and understandings, whether written or oral, relating to this subject matter.

You acknowledge that in entering into this agreement you do not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this agreement. No party shall have any claim for innocent or negligent misrepresentation based upon any statement in this agreement.

All representations, warranties, covenants, conditions and agreements contained in the contract between You, the Client and UJATcare.com Inc. , the Company, and the other related Documents or official communications as same may be modified, renewed, substituted or extended are hereby made a part of this agreement to the same extent and with the same force as if fully set forth herein.

1. Acceptable Use

   1. Email Correspondence

      When sending an email, your recipient must be either someone with whom you have a personal or professional relationship, or is a customer, member or subscriber of your business or organization.

   2. Email Marketing

      We have strict rules for sending to mailing lists. When sending to an email marketing list, your recipient must be a customer, member or subscriber of your business or organization or who has specifically asked to receive your emails by opting in or signing up in some way, or someone who has bought a product or service from you in the past 18 months.

      The following rules must be followed when sending to a mailing list:

      1. Lists must be 100% opt-in. This means that you must have obtained the permission of your recipients to send them emails. Examples of lists that are not allowed are purchased lists, email addresses scoured from the Internet, and marketing leads (including lists built via LinkedIn).

      2. In addition, lists must be up-to-date, and have had emails sent to them recently (within the previous 3 months). We closely monitor the percentage of bouncing email addresses and take action where necessary.

      3. You must not use the service to ‘clean’ your mailing list. Cleaning your mailing list means testing the validity of email addresses by sending to those addresses when you know or suspect a list is out of date or contains a high proportion of invalid addresses.

      4. An opt-out (unsubscribe) link must be placed at the bottom of each email which will allow the recipients to immediately remove themselves from the mail list.

      5. Emails must not contain content related to the industries mentioned below.

   3. Email Restrictions

      You must also NOT use the service to send emails that contain content related to the following industries or activities. Such emails, even if ‘opt-in’, generate a high proportion of complaints and could jeopardize our service for all of our users.

      1. Pornographic or adult content

      2. Adult novelty items

      3. Dating or escort services

      4. Multi-level marketing

      5. Affiliate marketing

      6. Pharmaceutical products

      7. Keylogging

      8. Get-rich-quick, work-at-home schemes or paid surveys

      9. Online trading, forex trading, or stock market related content

      10. Gambling services, products or gambling education

      11. Online sweepstakes

      12. Streaming TV services

      13. Credit repair, get-out-of-debt content

      14. Advertising your CV

      15. Mortgages and/or loans (without prior approval)

      16. Nutritional supplements, herbal supplements or vitamin supplements

      17. List brokers or list rental services

      18. Fake phishing emails for a ‘training exercise’ or penetration testing

   4. Spamming

      Unsolicited marketing email (i.e. without proper permission from recipients).

      We have a strict policy against spamming. We forbid the use of the service to send unsolicited mass emails or unsolicited emails of any kind. We reserve the right to terminate your account “for cause” if we deem you to be in violation of our anti-spamming policies.

      1. We also reserve the right to suspend your account pending review upon receipt of any complaint or other evidence that you may be engaging in any spamming activity.

      2. You must also NOT use the service to a) knowingly send emails containing viruses, worms, or any other harmful code or software, b) send defamatory, harmful, abusive, vulgar or obscene content or material, c) send emails that are not in compliance with all applicable laws, or that do infringe upon the rights of any other party, including but not limited to copyrights, trademarks, privacy rights, moral rights, trade secrets, patents and any other rights d) harass or send threatening content.

      3. You must also NOT use the service in a manner that substantially reduces performance for other subscribers, send “mailbombs” or other harmful devices, or engage in activity designed to gain unauthorized access to any of our computers or information.

      4. You must also NOT use the service to auto-forward emails originally sent by 3rd parties. Even if these mails are being forwarded to 3rd party email accounts you own.

      5. You must have full control of the content and quality of emails sent.

      In the event that we deem you to be in violation of any of these policies, we shall immediately suspend your account and take further action as deemed necessary, including pursing legal action.

2. Email Access and Service

   Your access to the service depends on the level of access you select.

   You may change or discontinue your account at any time.

   We reserve the right to modify, suspend or terminate access to the service on our system at any time for any reason without notice or refund, including the right to require you to change your password. We also reserve the right to delete all program and data files associated with your account and/or other information you have on our system. For the purposes of calculating monthly email usage, an email sent to multiple recipients counts as multiple emails. For example, an email sent to 2 recipients, and CC’d to 3 other recipients, counts as 5 emails.

3. Service Level Agreement

   We guarantee that the service will be functioning 99% of the time in a given 12-month period, excluding scheduled maintenance.

4. Fees and Payment

   We may charge you a monthly or yearly fee depending on which managed service you choose. You can cancel your account at any time, but you will remain liable for all charges up to the end of your managed services contract with us. We reserve the right to change our fees at any time without advance warning.

5. Limitation of Liability

   You must bear the risk of any liability relating to your use of the service.

   YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

6. Indemnity

   You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees), relating to any acts by you or materials or information transmitted by you in connection with the service, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.

7. Disclaimers of Warranty

   THE SERVICE IS PROVIDED “AS IS” AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON- INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTEE, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.

8. DISPUTE RESOLUTION

   1. Negotiation

      Parties agree to attempt to resolve any dispute by negotiation between the parties.

   2. Arbitration/Mediation:

      If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties.

   3. Litigation:

      In all other circumstances, the parties specifically consent to the local, state and federal courts located in the state of Florida The parties waive any jurisdictional or venue defenses available to them and further consent to service of process by mail.

   4. Attorney Fees

      The prevailing party shall be entitled to recover its attorneys’ fees and costs in any dispute resolved by binding arbitration or litigation.

9. GENERAL

   1. Modification/Waiver

      Modifications to this Agreement must be in writing and signed by both parties. Failure by either party to enforce any right or seek to remedy any breach under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach.

   2. Notices.

      All notices under this Agreement shall be given in writing either by: (a) Fax or Email, with return confirmation of receipt; (b) Certified or Registered mail, with return receipt requested. Notice will be effective when received, or in the case of email or fax, on confirmation of receipt.

   3. No Assignment

      Rights or obligations under this Agreement shall not be transferred, assigned or encumbered without the prior written consent of the other party.

10. Governing Law.

    This Agreement shall be governed by the laws of Florida.

11. Severability

    If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. Where possible the invalid or unenforceable provision shall be interpreted in such manner as to be effective and valid under applicable law.