The Software

IX-ONE.COM grants You a non-exclusive license to use WebMail for the purpose of retrieving, viewing, composing, and sending electronic mail and for other such electronic mail purposes as are ordinary and customary. You are free to use WebMail on any computer, but not on two or more computers at one time.

You may customize or modify the appearance of WebMail as provided and allowed by the instructions. You may not otherwise alter or modify the Software. You are not authorized to combine WebMail with any other software program, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon WebMail.

By using WebMail, You agree to be bound by IX-ONE.COM's Email Services User Agreement. IX-ONE.COM explicitly reserves the right to terminate Your license if it comes to IX-ONE.COM's attention that You are using WebMail for objectionable activities, including sending unsolicited email or SPAM; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; or activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; activities designed to harm minors in any way.

In addition to any and all other restrictions or obligations for using Webmail, if You elect to use any of the photo-related services offered through Webmail (collectively, the "Photo Services"), You acknowledge and agree to the terms and conditions contained in this section.

You acknowledge and agree that You may not

1. post, obtain, upload or transfer any image using the Photo Services which: is threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under any applicable law; and
2. infringe rights of privacy, publicity or copyrights or otherwise use content without the permission of the owner of such content and the persons (or their parents or legal guardians, where applicable) who are shown in any material.

While IX-ONE.COM offers an unconditional guarantee in connection with the products purchased through the Photo Services, You acknowledge and agree that the guarantee is subject to and conditioned upon the following: (i) errors in spelling, punctuation, accuracy or quality in the information, text or images submitted by You when using the Photo Services; (ii) the submittal by You of poor quality or resolution images; and (iii) errors related to customizable features, including, but not limited to, enhancements, choice of finish, cropping, border selection, size and formatting. The determination as to whether the guarantee applies to each particular order will be made by IX-ONE.COM in its sole discretion. Additionally, in the event You become aware of an error, such as a misspelling in an order placed using the Photo Services, You acknowledge and agree that You will have up to sixty (60) minutes in which to call customer service to have the order cancelled due to an error. After such sixty (60) minutes period, all orders will be considered placed and unchangeable.

You acknowledge and agree that IX-ONE.COM or a third-party service provider may, but is not obligated to review any or all images provided to IX-ONE.COM and is not responsible for such images. Further, IX-ONE.COM expressly reserves the right to delete, edit or rearrange images that, in its sole discretion, it deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable, and You acknowledge and agree to IX-ONE.COM's right to do so. You also acknowledge and agree that IX-ONE.COM or a third-party service provider may remove, publish, copy, modify, transmit and/or display any image submitted using the Photo Services. In the event You submit any images that are in violation of these terms and conditions, You acknowledge and agree that IX-ONE.COM or a third-party service provider may retain such image(s) and charge You for the full amount of Your order including a reasonable service charge for handling the order.

You agree to defend, indemnify and hold harmless IX-ONE.COM for, from and against any and all damages, liabilities, costs and expenses (including, but not limited to, attorneys' fees and costs) incurred by IX-ONE.COM as a result of third-party claims in connection with (i) Your use of the Photo Services in violation of the terms and conditions set forth in this Section; (ii) Your use of the Photo Services to the extent that such use causes or is the basis for such third-party claim(s); (iii) the violation of any applicable law to the extent such violation results from Your use of the Photo Services; and/or (iv) claims that any material You provide in connection with the Photo Services infringes or misappropriates any or all intellectual property rights of a third-party.

IX-ONE.COM retains all rights to this Software. WebMail and any copies that You are authorized to make are the intellectual property of IX-ONE.COM. The source code and its organization are the exclusive property of IX-ONE.COM and WebMail is protected by copyright, including United States Copyright Law. You agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. Except as expressly stated in Section I above, this Agreement does not grant you and rights in WebMail and all rights are reserved by IX-ONE.COM.

IX-ONE.COM reserves the right to:

1. Modify Pricing through email notification.
2. Terminate Your license for unsolicited, commercial e-mailing; illegal access to other computers or networks (i.e. hacking); distribution of Internet Viruses or like destructive activities; and other activities whether lawful or unlawful that we determine harmful to subscribers, operations, and reputation.
3. Terminate Your license if the contents of Your email result in or are the subject of, legal action or threatened legal action, against IX-ONE.COM or any of its affiliates or partners, regardless of whether or not such legal action or threatened legal action is eventually determined to be with or without merit. The decision to terminate Your license shall be done solely by IX-ONE.COM, and in doing so, IX-ONE.COM shall not be required to consider the merits of legal action or whether threatened legal action will actually come to pass.

This agreement shall be deemed entered into the state of Arizona. the laws and judicial decisions of Maricopa county, Arizona, shall be used to determine the validity, construction, interpretation and legal effect of this agreement. You agree that any action relating to or arising out of this agreement, shall be brought in the courts of Maricopa county, Arizona.

You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this agreement.