This Vuepoint I.T., LLC WebMail End User License Agreement ("Agreement") is by and between Vuepoint I.T., LLC ("Vuepoint" ), a/an Texas based Limited Liability Corporation, and you, your heirs, assigns, agents and contractors ('You') and is effective upon electronic execution. This Agreement sets forth the terms and conditions of Your use of the Vuepoint WebMail Software ("WebMail"). Your use of WebMail constitutes Your agreement to all such terms and conditions. By using WebMail, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which Vuepoint may establish from time to time. Such Agreements may be found here.

1. software and service details

The Software

Vuepoint 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.

The Services

By using WebMail, You agree to be bound by Vuepoint's Email Services User Agreement. Vuepoint explicitly reserves the right to terminate Your license if it comes to Vuepoint'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.

You acknowledge and agree that Vuepoint or a third-party service provider may, but is not obligated to review any or all images provided to Vuepoint and is not responsible for such images. Further, Vuepoint 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 Vuepoint's right to do so. You also acknowledge and agree that Vuepoint 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 Vuepoint 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.

2. Vuepoint's rights

Vuepoint retains all rights to this Software. WebMail and any copies that You are authorized to make are the intellectual property of Vuepoint. The source code and its organization are the exclusive property of Vuepoint 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 Vuepoint.

Vuepoint reserves the right to:

Modify Pricing through email notification. 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.

Terminate Your license if the contents of Your email result in or are the subject of, legal action or threatened legal action, against Vuepoint 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 Vuepoint, and in doing so, Vuepoint shall not be required to consider the merits of legal action or whether threatened legal action will actually come to pass.

3. liability & indemnification

Vuepoint provides WebMail 'as is' and without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose. In no event shall Vuepoint be liable for any loss of profits, loss of business, loss of data, unsecured transactions, interruption of business, or for indirect special, incidental, or consequential damages of any kind, even if Vuepoint has been advised of the possibility of such damages arising from any defect or error in the Software. You shall indemnify, defend by counsel reasonably acceptable to Vuepoint, protect and hold Vuepoint harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or relating to Your use of WebMail.

4. severability

You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

5. venue; waiver of trial by jury

This agreement shall be deemed entered into the State of Texas. the laws and judicial decisions of Bexar County, Texas, 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 Bexar County, Texas.

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

6. notices

You agree that all notices (except for notices concerning breach of this Agreement) from Vuepoint I.T., LLC to You may be posted on our web site. Notices concerning breach will be sent either to the email or postal address You have on file with Vuepoint I.T., LLC. In either case, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to Vuepoint I.T., LLC shall be made either by email, facsimile, or mailed to the address we provide on our Web site, or first class mail to our address below.

Vuepoint I.T.
20659 Stone Oak Pkwy., Suite 918
San Antonio, TX 78258

Revised: 3/15/2007