123m.com User Agreement

1) General
a. 123m.com is owned and operated by Ion, Inc. ("123m.com") 123m.com agrees to provide you ("User") with those services ("Service") set forth on the application subject to User's compliance with the terms and conditions of this ("Agreement").
b. By accessing the 123m.com mail system ("System"), you agree to be bound by this Agreement and the 123m.com Policies. Do not access the 123m.com system if you do not wish to be bound to this Agreement. If you do not agree with the provisions within this Agreement, you are not authorized to use the 123m.com System.
c. 123m.com does not resell or distribute your private information to third parties.

2) User Age Limit
a. 123m.com requires that all User's be 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18. If you are under 18 years old, you are not authorized to use this Service.

3) Warranty Disclaimer
a. The foregoing warranties set forth are exclusive and no other warranty is expressed or implied.
b. 123m.com exercises no control whatsoever over the content of the information passing through 123m.com's system. Use of any information obtained via 123m.com is at user's risk. Neither 123m.com nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the service will be uninterrupted or error free; nor does 123m.com make any warranty as to the results from use of the service.
c. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, implied warranties of merchantability or fitness for a particular purpose or any warranties arising from course of dealing or usage of trade. No advice or information given by 123m.com, its affiliates, its licensers, its contractors or their respective employees shall create a warranty. Neither 123m.com nor its affiliates, its licensers, its contractors or their respective employees warrants that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free of viruses, cancelbots, worms, trojan horses or other harmful components.

4) Limitation of Liability
a. Under no circumstances shall 123m.com, its affiliates, its licensers, its contractors or their respective employees be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from user's use of or inability to use the service or to access the internet or any part thereof, or user's reliance on or use of information, services or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, any failure of performance, computer virus, communication line failure, theft or destruction or unauthorized access to alteration of or use of user's account, whether for breach of contract, negligence or under any other cause of action. In the event 123m.com is found liable under any circumstance under the terms of this agreement, 123m.com's liability shall be limited to the unused balance of user's subscription payment pro-rated to reflect the current term. b. If user is dissatisfied with the service or with any terms, conditions, rules, policies, guidelines or practices of 123m.com in operating the service, user's sole and exclusive remedy is to discontinue using the service.

5) Indemnification
a. Notwithstanding anything to the contrary herein contained, user agrees to indemnify and hold 123m.com, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by 123m.com, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of user's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this agreement by user, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify 123m.com in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and 123m.com shall confer as to and agree on the legal counsel(s) to be selected in any such defense.

6) Sexually Explicit Materials
a. User understands that the internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. 123m.com has no control over and accepts no responsibility whatsoever for such materials.

7) Prohibited Uses
a. User may not restrict or inhibit any other user from using and enjoying the internet;
b. User may not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the u.s. Export control laws and regulations; post on webspace provided any sexually explicit materials or materials that may be offensive.
c. User may not post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;
d. User may not post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
e. User may not upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;
f. User may not, upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the service itself or derivative works with respect thereto;
g. User may not send unsolicited advertising or promotional materials to other network users. Spamming and relaying are strictly prohibited. Accounts found to be spamming or relaying unsolicited e-mail will be deactivated immediately and charged a $250.00 fee.
h. User may not allow users to run maillist, listserv or any form of auto-responds from user's account;
i. User may not violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;
j. User may not violate any of the rules, regulations and policies of those networks and computer systems accessed via user's account.

8) Monitoring/Suspension
a. 123m.com has no obligation to monitor the service. However, user agrees that 123m.com has the right to monitor the service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the service properly, or to protect itself or its subscribers.
b. 123m.com will not intentionally monitor or disclose any private e-mail message unless required by law.
c. 123m.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this agreement.
d. 123m.com reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of 123m.com following payment of a reconnection charge, to be determined by 123m.com in its sole and absolute discretion.

9) Restrictions
a. User agrees to limit their use of the 123m.com service, specifically regarding the use of 123m.com's electronic (email) services, to the following restrictions: Unauthorized use of relay servers User agrees that any unauthorized use of any email server located throughout the internet for the purposes of relaying or distributing messages is prohibited.

10) Fraudulent Addressing
a. User agrees that the purposeful distribution of any email message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered, is prohibited.
b. User may not purposefully misrepresent the origination information of any email messages sent while using the 123m.com Service.

11) Fraudulent Content
a. User agrees to be held responsible for the distribution of fraudulent materials. Violation of any of these terms will result in immediate termination of services.

12) Penalties
a. Violation of any of these terms, will result in the immediate penalty of $250. 123m.com reserves the right to charge User's credit card, if on file for use in payment of 123m.com services, a one-time fee of $250 per violation of these terms. In the event user pre-pays for their 123m.com service via check, 123m.com reserves the right to invoice and hold user responsible for the one-time fee of $250 per violation of these terms.
b. User also agrees to the immediate termination of 123m.com services for violation of any of these terms.

13) Terms of Payment/Fees
a. Payments can be made by credit card or check. 123m.com does not accept cash for this service. If payment is by check, payment due dates are indicated on user's invoice. Dishonored checks are subject to a $25.00 collection fee.
b. Other fees may be added at sole discretion of 123m.com to reinstate an account that has been closed due to lack of payment.
c. 123m.com maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 2.5% per month on the outstanding balance. Termination of service shall not relieve user from the obligation to satisfy outstanding invoices.
d. In the event 123m.com utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of 123m.com's attorneys' fees and costs in the collection of these sums.
e. 123m.com reserves the right to change prices at any time without prior notice to it's customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription. Right to cancel 123m.com reserves the right to cancel service for any reason without prior notice.
f. 123m.com will not refund any shipping or handling fees.
g. User agrees to notify 123m.com if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to 123m.com.

14) Cancellations
a. Cancellations within the first 30 days of service will receive a full refund.
b. Cancellations after the first 30 days are not prorated.
c. User must notify 123m.com via e-mail or in writing to cancel service.
d. 123m.com can cancel any Account at its discretion. Accounts cancelled prior to reaching term end date will receive a prorated refund for unused services. 123m.com will provide 30 days notice of Account cancellation.

15) No Confidentiality
a. Information transmitted through 123m.com and through the internet in general is not confidential.
b. 123m.com cannot and shall not guarantee privacy or protection of any user.
c. 123m.com reserves the right to monitor any user's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of 123m.com.

16) Non-transferable
a. The right to use the service is not transferable. Accounts are for user's use only.
b. User shall be responsible for the confidentiality of user's password.
c. Loaning user's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited.
d. If user has multiple accounts, then user shall be limited to one log-in session per system account at any time.
e. Violation of those terms shall constitute theft of service and may be prosecuted under civil and criminal law.
f. User agrees to pay all charges incurred by users of User's Account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the service.

17) No System Backup
a. Although 123m.com does provide state-of-the-art computer servers, 123m.com does not and will not perform system backups on any User's e-mail account(s).
b. Long term storage of important e-mail should be done on User's own computer.
c. 123m.com shall not be held responsible for any lost e-mail data, email attachments, or any e-mail message contents, regardless of the reasoning for data loss or system causes.
d. Except as otherwise set forth herein, 123m.com will not provide historical data, to any party for any reason, regarding any system or internet activity.

18) Failure to Comply
a. If User fails to comply with terms and conditions 123m.com may deny User access to all or part of the service without notice if user engages in any conduct or activities that 123m.com in its sole discretion believes violates any of the terms and conditions in this agreement.
b. If 123m.com denies User access to the service because of such a violation, User shall have not right (1) to access through 123m.com any materials stored on the internet, (2) to obtain any credit(s) otherwise due to user, and such credit(s) shall be forfeited,

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. 123m.com's failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this agreement. 123m.com may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is user's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this agreement, User must immediately stop using the service.

This agreement shall be governed by and construed in accordance with the laws of the state of Minnesota without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. 123m.com shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of god, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of 123m.com. Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming 123m.com as the defendant, shall be proper only in a venue determined by 123m.com. In any action between 123m.com and User to enforce any of the terms of this Agreement, 123m.com shall be entitled to recover expenses, including reasonable attorney's fees.

This Agreement constitutes the entire agreement between user and 123m.com with respect to the Service.