Last Updated: 05-12-05
LOAD, LTD ("Load") is pleased to provide the Business E-Mail service ("Service") to the client subject to these terms and conditions. These terms and conditions, the Load's Service Order and any addenda attached to the Service Order are together the "Business E-Mail License Agreement" or the "Agreement." This Agreement is effective as of the date Client executes the Service Order ("Effective Date"). To the extent of any conflict among them, the Service Order supersedes these terms and conditions but these terms and conditions supersede any provisions of any purchase order drafted by Client and all related proposals and communications, written or oral. A printed version of this Agreement (with a revision date the same as or prior to the Effective Date) and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
LOAD will provide to Client the following services (collectively, the "Services"): LOAD will provide Messaging Services as defined in the Service Order. If needed, Client may upgrade mailboxes and will be charged any additional amounts in accordance with the Service Order.
In exchange for the Services Client will pay LOAD according to the schedule outlined in the Service Order.
LOAD and its employees, agents, or representatives will not at any time, or in any manner, either directly or indirectly, use for the personal benefit of LOAD, or divulge, disclose, or communicate in any manner, any information that is proprietary to Client. LOAD and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Agreement.
EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT, THE PRODUCT IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, AND LOAD HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 30 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
7.1.
Term. This Agreement shall commence on the date of the last signature on the Service Order, and shall continue in full force and effect for twelve (12) months. This Agreement will automatically renew unless either party gives written notice (excluding therefrom facsimile and e-mail) of intent to end the Agreement no less than thirty (30) days from the expiration date herein. Client has the right during the term of this Agreement to supply LOAD with a thirty (30) days written notice (excluding therefrom facsimile and e-mail) to end this agreement.
7.2.
Termination. If either party materially breaches any provision of this Agreement, the other party may give written notice to the breaching party that if the default is not cured within forty-five (45) days of the date of such notice the Agreement will be terminated. If the non-breaching party gives such notice and the breach is not cured during such forty-five (45) day period, then this Agreement may be terminated by such other party immediately upon written notice.
7.3.
Rights Upon Termination. Following any termination or expiration of this Agreement all of Client's rights shall automatically terminate and Client shall immediately cease all use of product (including removing Site Links). The licenses each has granted herein to the other to use its Trademarks shall immediately terminate, and be of no further force and effect.
This Agreement will be interpreted and governed by the laws of the State of Nevada, without reference to conflict of laws principles and without regard to the 1980 U.N. Convention on the International Sales of Goods.
Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
If you have any questions or concerns with this policy or any of Load's services, please send your comments to
info@load.com.