Terms of Service

Last Revised 07/13/2010

This Service and Account Agreement (“Agreement”) is made as of January 31st, 2005 by BLUE BOX GROUP, LLC, d/b/a Blue Box Group (“Blue Box Group”) and each Blue Box Group Customer (“Customer”).

Whereas, the Customer desires to establish an account with Blue Box Group, and to retain Blue Box Group to provide services to Customer in accordance with the following terms and conditions:

Services.

The scope of services to be rendered by Blue Box Group shall be designated from time-to-time by Customer from the list of services provided by Blue Box Group and attached to this Agreement as Exhibit A.

Blue Box Group, LLC provides unlimited email accounts and domains for all customers. Each email account is limited to 3GB of storage and each customer is limited to 75GB of total storage unless other arrangements are made.

Fees.

Customer agrees to pay all charges and service fees associated with the use of the account assigned by Blue Box Group to Customer (hereinafter the Account). It is not the responsibility of Blue Box Group to determine whether or not use of the Customer’s Account was authorized, and Customer shall be responsible for all charges incurred with the use of its Account regardless of whether or not authorized by Customer. Customer agrees to pay all charges, service fees, merchandise purchases and other fees within ten (10) days of Customer receiving its Account billing statement.

Access.

Customer is responsible for providing any and all equipment and services needed to access the Blue Box Group system (hereinafter the System). Customer agrees to use the Account in compliance with any System disk quotas, hardware limitations or other restrictions established from time-to-time by Blue Box Group. These limitations may include restrictions on System resources such as CPU time or disk space. It shall be the sole responsibility of the Customer, upon accessing the System for the first time, to fully investigate its operation to ensure that the System is functioning properly and meets the requirements of Customer. Unless Customer notifies Blue Box Group of any malfunction, defect, or other problem with the System within 48 hours of accessing the System for the first time, the System shall be deemed to be satisfactory to the Customer.

Operating Rules.

Customer agrees, for itself and all users of Customer’s Account, to abide by the rules and regulations governing the use of the System (Operating Rules), a copy of which is attached hereto as Exhibit A and expressly incorporated by reference herein. The Operating Rules may be modified from time-to-time at the sole discretion of Blue Box Group. Blue Box Group shall, in its sole discretion, have the right to terminate a Customer’s Account for any breach of the Operating Rules, which termination shall be without reimbursement for subscription fees or other charges for the current or past accounting prior warning.

Shutdowns.

Blue Box Group will provide Customer with notification of any scheduled shutdowns of the System. Customer hereby waives all claims against Blue Box Group and releases, and holds harmless Blue Box Group from any and all liability for direct and indirect damages related to shutdowns or loss of materials that might result from any Blue Box Group operations or procedures. Blue Box Group recommends, and Customer hereby acknowledges, that important information of Customer stored on System should be frequently backed up or downloaded by Customer to avoid loss.

Illegal Activity.

In connection with its Account, Customer agrees and warrants that Customer or any other user of Customer’s Account, whether authorized or not, will not: (1) violate any federal, state or local law; (2) annoy, molest, or interfere with any other user, communications device, computer network, software program or computer system; (3) access a file or form of communication owned by or directed to another user account unless advance written permission is granted by a user with a right to access such file or form of communication; (4) distribute any stolen software or allow any files containing stolen software to reside in the Account; or (5) attempt to bypass or gain unauthorized access to the System or any other computer systems on the network connected to the System.

Warranties, Waivers and Indemnification.

Customer acknowledges and agrees for itself and on behalf of all users of Customer’s Account that as to all services provided and products sold pursuant to this Service and Account Agreement Blue Box Group provides no warranties, express or implied, including, without limitation, the implied warranties of fitness for particular purpose and of merchantability. Customer further agrees for itself and on behalf of all users of Customer’s Account that the sole and entire maximum liability of Blue Box Group, as well as any of its officers, employees and other agents, for any and all loss, damage, liability, claims and/or demands of any kind, whether or not caused by the negligence or intentional act of Blue Box Group, shall consist of a duty to refund to the customer any amounts paid by the customer for the use of its account for the one month preceding such loss, damage, liability, claim and/or demand. Other than as expressly set forth in this agreement, the Customer, by continuing to use the system, waives any and all claims relating to the usage of the system whether such claims are against Blue Box Group or any other person who has supplied material to the system. In no event shall Blue Box Group be liable for any incidental or consequential damages. Customer further agrees that Blue Box Group will not be responsible to Customer for any indirect, special or punitive damages or losses Customer may incur in connection with the System or any of the data or other materials transmitted through or residing on the System, even if Blue Box Group has been advised of the possibility of such damage or loss. In addition, Customer agrees to defend and indemnify Blue Box Group and hold Blue Box Group and its agents and employees harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorneys’ fees) relating to any acts by Customer or materials or information transmitted by Customer in connection with the System leading wholly or partially to claims against Blue Box Group or the System by other users or third parties. Customer shall pay to Blue Box Group all costs and expenses incurred to repair, replace or rebuild any portion of the computer, the computer network, peripherals, communication devices or other System equipment damaged by Customer or any other user of Customer’s Account which is caused by intentional or negligent conduct of Customer or any of Customer’s users, any activity that Blue Box Group has previously notified Customer to discontinue because of detrimental effect to the System, or any other violation of this or any other Agreement entered into between Blue Box Group and Customer.

Termination.

This Service and Account Agreement may be terminated by either party at any time by written notice to the other party and shall be effective upon receipt of said notice. In the event of termination, Blue Box Group shall not be liable for any Customer losses or damages associated with the termination of the Account. Customer shall be responsible to pay the Account charges and fees for the entire account period in which Customer terminates. Upon termination, Customer’s Account will be closed and all Customer’s material shall be removed from the System. Customer acknowledges that Blue Box Group may terminate Customer’s Account at any time and without cause or justification. Any remaining unpaid Account charges and fees will be billed to the Customer including extra fees for returned checks or account reactivation. Bills unpaid more than thirty (30) days may be sent to a third party for collection and Customer agrees to pay to Blue Box Group a reasonable collection fee of up to twenty-five percent (25%) of the outstanding sums due to Blue Box Group. If Customer was not in breach of this Service and Account Agreement at the time of termination, then Blue Box Group will forward Customer’s mail to a new address on the Internet for one month from the date of termination upon request of a Customer at no charge. Any delinquent sum shall accrue interest at the rate of twelve percent (12%) per annum until paid.

Transferability.

Customer’s right to use the System is not transferable without the express written consent of Blue Box Group, and any attempted transfer shall be void and of no effect.

Referrals.

Blue Box Group shall pay to Customer a commission for all new customers referred to Blue Box Group by Customer (“Referred Customers”) in the amount of 5% of the amounts paid by Referred Customers to Blue Box Group for the following services: Standard Web Hosting Accounts, Virtual and Dedicated Server Packages and Development Work. Referrals will not be paid on any work that is discounted. Payments to Blue Box Group from Referred Customers for services not listed above will not be included in computing the referral commission paid to Customer. The referral commission to Customer shall not be due to Customer from Blue Box Group until the Referred Customers make payment of amounts due on their accounts to Blue Box Group. Payments are made quarterly via check and require a $50 threshold before a check will be issued. Payments will be rolled over until that threshold has been reached. There is no limit as to the number of customers that may be referred. There is a $900 per quarter maximum limit as to how much will be paid out per referred customer.

Entire Agreement.

This Agreement (including the Exhibits attached hereto) constitutes the entire understanding among the parties with respect to the subject matter hereof, and supersedes all prior understandings, both written and oral, and is not intended to confer upon any person other than the parties hereto any rights or remedies hereunder.

Attorney Fees.

If any legal action or appeal is instituted by any party to this Agreement to enforce or interpret the terms hereof, the prevailing party or parties shall be entitled to judgment against the other party for all reasonable costs and fees, including attorneys’ fees and costs.

Modification.

No amendment, modification or waiver of any provision of this Agreement or any other documents, instruments or other agreements between Blue Box Group and Customer shall be effective unless in writing and signed by Blue Box Group. Blue Box Group reserves the right to add, delete or modify the terms of the Agreement by giving Customer written notice of such changes.

Governing Law.

Customer hereby agrees that the laws of the State of Washington will apply to all matters relating to this Service and Account Agreement and to our System. In addition, Customer agrees and consents that if Customer ever takes legal action against Blue Box Group, the courts of Pierce County, Washington will have exclusive jurisdiction over any such legal actions. All matters with respect to this Service and Account Agreement, including, without limitation, matters of validity, construction, effect and performance shall be governed by the internal laws of the State of Washington applicable to contracts made and to be performed therein between the residents thereof (regardless of the laws that might otherwise be applicable under principles of conflicts of law).

Arbitration.

Any controversy, dispute, or claim arising out of or relating to the Agreement shall be resolved through binding arbitration in Tacoma, Washington, in accordance with the rules then in effect of the fee arbitration panel of the Washington State Bar Association and judgment on the award rendered may be entered in any court having jurisdiction thereof. YOU ACKNOWLEDGE THAT BY AGREEING TO ARBITRATION, YOU ARE RELINQUISHING YOUR RIGHT TO BRING AN ACTION IN COURT AND TO A JURY TRIAL.

Severability.

If any portion of the Service and Account Agreement shall be finally determined by any court or governmental agency of competent jurisdiction to violate applicable law or otherwise not to conform to requirements of law and, therefore, to be invalid, the parties will cooperate to remedy or avoid the invalidity, but, in any event, will not upset the general balance of relationships created or intended to be created between them as manifested by this Agreement. Except insofar as it would be an abuse of the foregoing principle, the remaining provisions hereof shall remain in full force and effect.

By using any services provided by Blue Box Group is to indicate acceptance of this agreement.

IN WITNESS WHEREOF, the undersigned has executed this Service and Account Agreement on the date first above written.

Blue Box Group, LLC 206 1st Avenue South, Suite 300, Seattle WA 98104

Exhibit A to Service and Account Agreement

Operating Rules

The following Operating Rules are designed to protect customers, users, Blue Box Group and the Blue Box Group system (hereinafter the System). These rules are intended to make your use of the System and the Internet a positive and secure experience for everyone involved. Our Customers’ freedom and privacy are of paramount importance, but we must set certain rules and reserve certain rights to protect the System and the interest of all of our customers. Executing the Service and Account Agreement constitutes your agreement to abide by these rules. All of the terms defined in the Service and Account Agreement shall have the same meaning in the Operating Rules.

The System is to be used by customers or users only for lawful activity. Each Customer and user is responsible for knowing state, federal and local law as it affects their usage of the System.

The Customer must provide correct information when applying for an Account. The Customer agrees to update this information within 10 days if changes are made.

The Customer agrees to keep all passwords secret and secure. For your own protection you should not let business associates or friends access or use your Account. Your password is your most important security measure. Letting other people know it allows them to abuse your subscription. You are fully liable for all charges and fees incurred on your Account by others, whether authorized or not. We recommend changing you password regularly. Upon written request, we will also provide tips on how to create and manage passwords. An insecure password is defined to be a password that Blue Box Group is able to discover through various programs designed to do so. These generally include passwords composed of words or names or all numbers. Words or names spelled backward or followed by a single character are also insecure passwords. Because of the seriousness of password security, Blue Box Group reserves the right to suspend Accounts with insecure passwords.

Any Customer may upload or download material on the System subject to complying with all applicable laws including all copyright laws. The Customer or user assumes all risks in determining whether such material complies with all applicable laws.

The Customer or user shall obey all Internet rules and policies. The Customer or user shall not attempt to bypass any security device or system. Although the System is on a commercial exchange, the Customer or user assumes all the risk of transferring prohibited material across restrictive networks and violating acceptable use policies. Expressly prohibited activities include, without limitation: advertising or sending promotional materials to others without their prior express agreement; posting advertisements to inappropriate newsgroups; international export of unlicensed materials, and the posting, sending, advertising or promoting, of any adult, sexually suggestive or explicit, pornographic materials of any kind.

The Customer agrees not to (a) negligently or intentionally undermine, hinder, damage, or disrupt the hardware, software, or security of the System or the Internet and its systems, or (b) run any programs while not actively on the System except from 2AM-5AM. Expressly prohibited activities include putting any software on the System that enables the user to do the foregoing.

Blue Box Group will exercise such care as it deems reasonable or prudent to maintain the privacy of all Customer accounts except if disclosure is mandated by law. Blue Box Group does not guarantee the safety, accuracy, or content of any materials or information on the Internet or any materials the Customer transfers or receives on the Internet. The Customer or user acknowledges that all information obtained on the Internet or the System is provided without warranty of any kind and that the Customer bears the entire risk of acting on such information.

Customer and all the users of Customer’s Account are prohibited from soliciting Blue Box Group customers or users to become customers of other services competitive with Blue Box Group for the duration of their relationship with Blue Box Group. Customer acknowledges and agrees that the System and all of its contents constitute trade secrets under the Uniform Trade Secrets Act or other applicable law, and expressly agree not to transmit any information regarding the System or its contents to any third party.

Blue Box Group reserves the right to modify these operating rules at any time by publishing such modifications over the System and sending System messages to each Customer and user.

Customer and users should test the features and functions of the System prior to active use and should keep backups of all critical data. Blue Box Group is not responsible for any damages caused by the malfunction of the System.

A User may not use the Service to transmit excessive volumes of unsolicited commercial e-mail messages or deliberately send excessively large attachments to one recipient. Any unsolicited commercial e-mail messages or a series of unsolicited commercial e-mail messages or large attachments sent to one recipient, constitutes Unsolicited Commercial E-mail “UCE” and is prohibited. In addition, “spamming” or “mailbombing” is also prohibited. Use of the service of another provider to send UCE, spam or mailbombs, to promote a site hosted on or connected to the Blue Box Group network, is similarly prohibited. Likewise, you may not use the Service to collect responses from mass unsolicited e-mail messages.