TERMS OF USE FOR HYPERMAIL®
EMAIL MARKETING SYSTEM
This Terms of Use [hereinafter referred to as the “Agreement”] contains the terms
and conditions that apply to your use of the
HYPERMAIL®
Email Marketing System [hereinafter referred to as “Services”]. As used in this
Agreement the terms “Provider”, “we”, “us”, or “our” refers to HyperText Group,
Inc., and the terms “Client”, “you” or “your” refers to the person and/or entity
who creates one or more email mailing lists [hereinafter referred to as the “Lists”]
and corresponding accounts using the Services, and performs the administrative functions
of the Lists. The Services are offered to you conditioned on your acceptance without
modification of this Agreement and our
Acceptable Use Policy
[hereinafter referred to as the
AUP.
Your use of the Services constitutes your acceptance to this Agreement and our
AUP.
CLIENT’S CORE REPRESENTATIONS & WARRANTIES:
You represent and warrant the following:
·
You have the full power, authority and right to enter into this Agreement and affirm
that you are at least 18 years of age;
·
the execution, delivery and performance of this Agreement, by you, will not violate
any applicable law, statute or governmental regulation; and
-
You acknowledge and agree that you are responsible for the security of the data,
software and/or applications you receive from us. Your responsibility also includes
the security of the data, software and/or applications provided to any third party
email service providers that you employ and/or use.
- You acknowledge that you have read and
agree to be bound by this entire Agreement and our entire
AUP.
COSTS; TERM OF AGREEMENT; PAYMENT; DEFAULT OR BREACH:
Costs of Services:
• You agree to pay us a set fee for the right to broadcast up to a specific maximum
number of prepaid emails per month using the Services. The maximum number of prepaid
emails you are allowed to send was disclosed to you on the pricing page of our website
and then selected by you when you registered for the Services. You understand
that an electronic record of your signup, including your acknowledgement of having
read and agreed to be bound by this Agreement, was generated at the time of your
signup.
• If you need us to design a message for you or you need us to convert your message
to an HTML format, then you agree to pay us $250.00 USD for each such message. This
charge will be paid by you, when you use this service. If you do not use this service,
then you will not be charged for it.
• You hereby agree to pay us and authorize us to charge your credit card or debit
your bank account in advance for the Services, including all fees, costs and/or
charges provided for in this Agreement or provided for in the
AUP, when incurred.
Term of this Agreement: The term of this Agreement will begin upon
your payment of the setup fee & first month’s usage fee and will end when terminated
by either you or us as described herein, under the heading “Termination of this
Agreement”, below.
Payment, Financial Agreement, Refund Policy, Credit Card Chargebacks, Payment Reversals,
Payment Dishonors & Theft of Services:You acknowledge and agree that
all financial information you have given and/or will give to us (e.g., credit card,
electronic debit information, etc.) is true and lawfully yours to use and that we
are reasonably relying on your representations in entering into this Agreement and
providing you our products and/or services. You agree that all payments are due
in advance of any marketing campaign or the setup of a hosting account and that
we maintain a “NO
REFUND POLICY”
for any marketing campaigns, once the account has been set up and approved for mass
market, by us, and/or once a hosting account has been setup and approved for use.
You acknowledge and agree that we perform a substantial and significant portion
of the work required of us to be performed, prior to the actual broadcast, and that
you are not entitled to a refund if you elect not to proceed with a broadcast. In
addition, once a hosting account is set up, you agree that there will be no refund.
In the event that you chargeback, reverse or dishonor any payment to us, or incur
any additional charges, as provided for in this Agreement, or otherwise take or
fail to take any action which results in the theft of services and/or products from
us, then you will pay interest at the rate of 9% per annum, or at the highest legal
rate (whichever rate is lower), on the full amount due, until the total amount of
said payment or cost is paid in full. All email marketing software and hosting accounts
will be charged on the first day of sign up and subsequently for each individual
month for the full term of the contract. You understand that we will prosecute to
the full extent of the law for any fraudulent financial information given to us.
Default or Breach by Client; Fees & Costs: If you default on or fail
to pay any amount due when due or otherwise breach any of the terms, conditions,
covenants and/or warranties contained in this Agreement, you agree to compensate
us for any and all damages arising thereof, including but not limited to actual
damages (direct and/or indirect), consequential damages, incidental damages and
economic losses. Furthermore, you agree to pay us all reasonable fees, expenses
and/or costs (including attorney’s fees, in-house counsel costs, court costs, expenses
and other costs) incurred in attempting to collect payment from you or in enforcing
this Agreement against you, to the extent not prohibited by applicable law.
ADDITIONAL TERMS AND CONDITIONS:
Assignment:
You shall not sell, transfer, or assign this Agreement or the rights or obligations
hereunder, other than to a parent or wholly-owned subsidiary, without the prior
written consent of us. Notwithstanding the foregoing, without securing such prior
consent, either party shall have the right to assign or transfer the Agreement and
its obligations hereunder to any successor-in-interest of such party by way of sale,
merger, consolidation, reorganization, restructuring or the acquisition of substantially
all of the business and assets of the assigning party of more than seventy-five
percent (75%) of the outstanding stock of the assigning party. Subject to the foregoing,
the Agreement will be fully binding upon and inure to the benefit of the parties
hereto and their respective heirs, executors, administrators, legal representatives,
successors and permitted assigns. However, you understand and agree that we may
transfer the rights to collect any and all amounts due under this Agreement in our
sole discretion, with or without any prior notice.
Dedicated Servers; Hosting Accounts; Software and Technical Support: We
work very hard to provide our clients with a stable hosting environment for their
websites for the duration of any email marketing campaigns. You acknowledge and
agree that any hosting account provided to you is provided on an “as is” basis and
that you are aware of the technical layout of the hosting environment. We reserve
the right to take down and/or remove from our network any website and/or clients,
including you, that threaten the stability of our network or other hosted clients
on a server, due to illegal, immoral or unethical marketing practices or unapproved
content, in our sole discretion. You agree that all content in a hosted website
or email campaign must be approved prior to uploading onto our servers. We reserve
the right to cancel any website account without notice and/or without a refund.
We lease and/or rent the use of our servers for email marketing purposes. You acknowledge
and agree that the use of a dedicated email server requires a certain technical
knowledge of servers and their environment. We may provide set up assistance at
no charge, however, you understand that any technical support beyond set up is billed
at the hourly rate of $100.00 USD per hour, in quarter of an hour increments.
Disclosure of Information: Provider and Client [hereinafter referred
to jointly as “the parties” or individually as “party”] shall not disclose personally
identifiable information, private communications (i.e., content transmitted on private,
non-public lists) of the other party, to third parties, without that party’s permission,
unless it believe such disclosure is reasonably necessary to: (1) comply with the
law or legal process; (2) protect or defend its rights or property or that of others;
(3) enforce this Agreement; or (4) respond to claims that the contents of any communications
violate the rights of others.
Client understands and agrees that Provider has disclosed or may disclose information
that has commercial and other value in Provider’s business and is confidential in
nature including, but not limited to, email addresses, cellular telephone numbers,
formulas, computer programs, databases, mask works, technical drawings, algorithms,
trade secrets, patents, patent applications, technology, circuits, layouts, names
and expertise of employees and consultants, know-how, designs, interfaces, materials,
formulas, processes, ideas, inventions (whether patentable or not), schematics and
other technical, business, financial, customer, supplier and product development
plans, forecasts, strategies and information, which to the extent previously, presently,
or subsequently disclosed to Client is hereinafter referred to as “Proprietary Information”
of Provider.
In consideration of the parties' discussions and any access Client may have to Proprietary
Information of the Provider, Client hereby agrees as follows: 1) Client agrees (i)
to hold Provider’s Proprietary Information in strict confidence as a fiduciary and
to take all reasonable precautions to protect such Proprietary Information (including,
without limitation, all precautions the Client employs with respect to its most
confidential materials), (ii) not to divulge any such Proprietary Information or
any information derived there from to any third person, (iii) not to make any use
whatsoever at any time of such Proprietary Information except for the sole limited
business purposes of evaluating the Proprietary Information internally to determine
whether to enter into the currently contemplated agreement with the Provider, (iv)
not to remove or export from the United States or reexport any such Proprietary
Information or any direct product thereof to Afghanistan, The Peoples’ Republic
of China or any Group Q, S, W, Y or Z country (as specified in Supplement No. 1
to Section 770 of the U.S. Export Administration Regulations, or a successor thereto)
or otherwise except in compliance with and with all licenses and approvals required
under applicable export laws and regulations, including without limitation, those
of the U.S. Department of Commerce, and (v) not to copy or reverse engineer, or
attempt to derive the composition or underlying information, structure or ideas
of any Proprietary Information. Any employee given access to any such Proprietary
Information must have a legitimate "need to know" and shall be similarly bound in
writing; 2) Without granting any right or license, the Provider agrees that the
foregoing clauses (i), (ii), (iii) and (v) shall not apply with respect to any information
that the Client can document (i) is (through no improper action or inaction by the
Client or any affiliate, agent, consultant or employee) generally known to the public,
or (ii) was rightfully in its possession or rightfully known by it prior to receipt
from the Provider, or (iii) was rightfully disclosed to it by a third party without
restriction. The Client may make disclosures required by court order provided the
Client uses its best efforts to limit disclosure and to obtain confidential treatment
or a protective order and has allowed the Provider to participate in the proceeding;
and 3) Immediately upon a request by the Provider at any time (which will be effective
if actually received or three days after mailed first class postage prepaid to the
Receiving Party's address herein), the Client will turn over to the Provider all
Proprietary Information of the Provider and all documents or media containing any
such Proprietary Information and any and all copies or extracts thereof. The Client
understands that nothing herein (i) requires the disclosure of any Proprietary Information
of the Provider, which shall be disclosed if at all solely at the option of the
Provider, or (ii) requires the Provider to proceed with any proposed transaction
or relationship in connection with which Proprietary Information may be disclosed.
Email Marketing Campaigns:You acknowledge and agree that there are no
guarantees of success for any email marketing campaigns. Like any form of traditional
advertisement, email marketing has its successes and failures due to marketing conditions
and other factors. You agree that we shall not be liable for any unsuccessful email
marketing campaigns. Furthermore, you agree that we do not guarantee any email marketing
success or any results thereof. Additionally, in regard to any data you may have
obtained from us, you agree and understand that because we rely on the truthfulness
of the persons providing the information contained in our database(s) and/or list(s)
of recipients, we cannot guarantee that all of the information is 100% accurate
and can only guarantee that the information was reported to us as accurate at the
time it was collected. However, we do promise that any inaccuracies in our database(s)
and/or list(s) of recipients will be corrected or deleted when discovered. All of
your marketing campaigns must be in full compliance with all state and federal laws.
HyperText Group Communication: You agree that we have the
right to communicate with you via email, receipt of which by you is considered essential
to our provision of the Services. You may unsubscribe from such communication at
any time.
Force Majeure:Neither party shall be liable for, or considered
in breach of or default under this Agreement on account of, any delay or failure
to perform as required by the Agreement (except with respect to your payment obligations
to us) as a result of any causes or conditions which are beyond such party’s reasonable
control and which such party is unable to overcome by the exercise of reasonable
diligence; provided that the non-performing party gives reasonably prompt notice
under the circumstances of such condition(s) to the other party.
Limitations on the Use of Products, Software and/or Services: You
agree that you will not use our products or services to transmit, disseminate or
upload any: (1) unlawful, harassing, libelous, tortuous, abusive, threatening, or
obscene communications of any kind; (2) materials that infringe or violate any third
party's copyright, trademark, trade secret, privacy or other proprietary or property
right; (3) materials that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable law or regulation; (4) objectionable
materials, including but not limited to, content that contains blatant bigotry,
racism, or hatred or that promotes illegal activities or physical harm against anyone;
(5) spam, chain letters, junk mail or any other type of unsolicited mass email to
people or entities who have not agreed to be part of such mailings; (6) any viruses
or other harmful, disruptive or destructive files; (7) in violation of any laws,
statutes or regulations which may apply to the broadcast message, including but
not limited to the United States CAN-SPAM Act of 2003 [hereinafter referred to as
the “CAN-Spam Act”]; and (8) in violation of our
AUP. Furthermore, you agree that you
will not disseminate, to people under age 18 or to anyone on lists that are not
limited to people age 18 or older, any content containing nudity or pornographic
material of any kind.
List Management: We shall arrange for the maintenance of an
opt-out option for your campaigns. You understand and agree that all opt-out requests
from recipients of your email messages will and must be honored, and additional
advertisements to these emails, pursuant to the CAN-SPAM Act of 2003, shall not
be sent. You also agree that you will pay us $300.00 USD for each and every email
you send: (1) in violation of the CAN-SPAM Act; (2) to an address on our and/or
your block list; (3) to an address that has previously opted-out from receiving
emails from you; (4) in violation of our
AUP; (5) in violation of any laws, statutes
or regulations which may apply to the broadcast message; and/or (6) otherwise in
violation of this Agreement.
Proprietary Rights: As provided above (i.e., in the subsection
labeled “Disclosure of Information”), we will not seek to sell, trade, rent, lend
or disseminate email addresses that you supply us with, for any purpose. However,
it is understood that if some of the addresses you supply to us are in our database(s),
List(s) of recipients, or that we otherwise have or own, we have proprietary rights
to such address(es). Additionally, if you fail to delete any information from your
account prior to or at the time your account is terminated, you understand that
information will become the property of Provider.
Reports:
A username and password for online-reporting.com will be emailed to you approximately
24 hours after the first campaign is started. Once logged on, you will have access
to the reporting of your campaigns. The reporting will allow you to see how many
times your email message was viewed, how many times a link in your email message
was clicked on (i.e., the number of “click throughs”), and how many people chose
to opt out of your campaign and/or future messages from you. Every campaign will
be added to your secure site where results can be measured.
Right to Refuse: We reserve the right to refuse any or all
services based on our company policy of respectable marketing practices, at anytime.
You understand we hold strict rules and regulations for our email marketing and
hosting services. We may not broadcast emails that contain illegal sexual content,
illegal pirated software, hate material, discriminatory material, or that are in
violation of any known federal, state or international law. In addition, we reserve
the right to determine what is in the best public interest and may elect not to
broadcast any message we find not to be in the best public interest.
NO OTHER REPRESENTATIONS AND WARRANTIES: YOU UNDERSTAND AND AGREE THAT
NO ADVICE, INFORMATION OR OPINIONS, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM
US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU UNDERSTAND AND AGREE
THAT EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THERE ARE NO OTHER WARRANTIES,
EXPRESS OR IMPLIED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY IMPLIED WARRANTIES
ARISING FROM COURSE OF DEALING, COURSE OF CONDUCT, OR COURSE OF PERFORMANCE. YOU
UNDERSTAND AND AGREE THAT ALL PRODUCTS AND/OR SERVICES ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS, AND THAT WE DO NOT MAKE ANY WARRANTIES THAT OUR PRODUCTS
OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND
AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED OR STORED
THROUGH THE USE OF OUR PRODUCTS AND SERVICES IS AT YOUR OWN DISCRETION, YOUR OWN
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS. YOU UNDERSTAND AND AGREE THAT THE USE OF ANY OF OUR
PRODUCTS AND/OR SERVICES IS AT YOUR SOLE RISK.
WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY WARRANTIES REGARDING
(A) THE NUMBER OF PERSONS WHO VIEW ANY EMAIL BROADCAST PURSUANT TO THIS AGREEMENT,
AND (B) ANY BENEFIT YOU MIGHT OBTAIN FROM HAVING YOUR MESSAGES, PRODUCTS AND/OR
SERVICES ADVERTISED PURSUANT TO THIS AGREEMENT.
Waiver:
The failure of either you or us to insist upon or enforce performance by the other
party of any provision of this Agreement or to exercise any right under this Agreement
will not be construed as a waiver or relinquishment to any extent of such party’s
right to assert or rely upon any such provision or right in that or any other instance;
rather the same will be and remain in full force and effect.
Modifications of Terms and Conditions: We may modify any of the terms
and conditions contained in this Agreement, at any time and in our sole discretion,
by posting a new agreement on our website located at expedite-email-marketing.com
or any such successor Website. You are responsible for regularly reviewing these
terms and conditions. Your continued use of the Services after any modification
shall constitute your consent to such modification. We do not and will not assume
any obligation to notify you of any modification to the Agreement. If any modification
is unacceptable to you, your only recourse is to terminate this Agreement and cease
using the Services.
Governing Law; Jurisdiction and Venue, Service of Process: This
Agreement shall be governed by the laws of the State of Illinois without respect
to choice of law rules and the parties hereby consent to the exclusive jurisdiction
and venue in the state courts of Kane County, Illinois and/or the federal court
for the Northern District of Illinois, for such purpose. Client waives the personal
service of any process upon them and agrees that service may be completed by overnight
mail (using a commercially recognized service) or by U.S. mail with delivery receipt
to the address stated in this Agreement.
Conflict of Terms: If you have entered into a separate written
“INTERNET MARKETING AND SOFTWARE CONTRACT” [hereinafter referred to as “Contract”]
for the Services, which incorporates this Agreement, and there exists an express
conflict between the terms of said Contract and this Agreement, then in regard to
the conflicting terms only, it is the terms set forth in said Contract that shall
be binding upon the parties. Provided, however, if the conflicting terms may be
construed in a manner in which they both may apply or that the terms and conditions
herein may supplement the terms of the Contract, then such a construction shall
be used.
Construction; Severability: Each party acknowledges that the provisions
of this Agreement were negotiated to reflect an informed, voluntary, allocation
between them of all the risks (both known and unknown) associated with the transactions
contemplated hereunder. Furthermore, all provisions are inserted conditionally on
their being valid in law. In the event that any provision of the Agreement conflicts
with the law under which the Agreement is to be construed or if any such provision
is held invalid or unenforceable by a court with jurisdiction over the parties to
the Agreement: (i) such provision will be restated to reflect as nearly as possible
the original intentions of the parties in accordance with applicable law; and (ii)
the remaining terms, provisions, covenants, and restrictions of the Agreement will
remain in full force and effect.
Headings:
The captions and headings used in this Agreement are inserted for convenience only
and will not affect the meaning or interpretation of the Agreement.
Survival:
Any obligations which expressly or by their nature are to continue after termination,
cancellation, or expiration of this Agreement shall survive and remain in effect
after such happening, including but not necessarily limited to the subparagraph
captioned “Entire Agreement; Acceptance”, below.
Indemnification and Liability:You agree and acknowledge that
you shall hold us (including but not limited to all our employees, officers, shareholders,
directors, agents, attorneys, vendors, affiliates, subcontractors, its parents,
subsidiaries, suppliers or contract employees) harmless from any liability, loss,
claims, and/or expenses related to any or all email marketing campaigns or hosting
services.
Remedies:
Except as otherwise specified, the rights and remedies granted to a party under
the Agreement are cumulative and in addition to, not in lieu of, any other rights
and remedies which the party may possess at law or in equity. You agree that your
sole and exclusive remedy for any dissatisfaction with the Services is to discontinue
the use of the Services. You agree that in no event shall we ever be liable to you
for more than the actual dollar amount you paid to us for the Services.
LIMITATIONS OF LIABILITY:EXCLUDING THE YOUR OBLIGATIONS, SETFORTH ABOVE,
UNDER
NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE
(INCLUDING BUT NOT LIMITED TO OUR EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS,
AGENTS, ATTORNEYS, VENDORS, AFFILIATES, SUBCONTRACTORS, OUR PARENTS, SUBSIDIARIES,
SUPPLIERS OR CONTRACT EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE OUR
SERVICES AND/OR PRODUCTS OR FOR THE PROCURMENT OF SUBSTITUTE GOODS AND SERVICES
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH OUR PRODUCTS
OR SERVICES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED,
OR STORED OR NOT STORED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS,
USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY FAILURE TO DELIVER,
HOLD OR STORE EMAIL OR DATA TRANSMITED, STORED OR USED BY OUR PRODUCTS AND/OR SERVICES.
WITHOUT LIMITING ANY OF THE FOREGOING, YOU AGREES THAT WE ARE NOT RESPONSIBLE FOR
ANY OF YOUR MATERIALS (INCLUDING BUT NOT LIMITED TO YOUR MESSAGES, IMAGES, DATA
OR OTHER INFORMATION) RESIDING IN OUR NETWORK HARDWARE OR SYSTEMS. YOU ARE RESPONSIBLE
FOR BACKING-UP YOUR OWN MATERIALS, REGARDLESS OF WHETHER SAID MATERIALS ARE PRODUCED
THROUGH THE USE OF OUR PRODUCTS AND/OR SERVICES. YOU AGREE THAT IT IS YOUR SOLE
AND EXCLUSSIVE RESPONSIBILITY TO TAKE THE NECESSARY STEPS TO ENSURE YOUR MATERIALS
AND/OR PRIMARY MEANS OF BUSINESS IS MAINTAINED.
ANY CAUSE OF ACTION ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT SHALL BE ASSERTED
WITHIN ONE (1) YEAR OF THE DATE UPON WHICH SUCH CAUSE OF ACTION ACCRUED, OR WITHIN
THREE (3) MONTHS OF THE DATE UPON WHICH THE COMPLAINING PARTY DISCOVERED OR SHOULD
HAVE REASONABLY DISCOVERED THE EXISTENCE OF SUCH CAUSE OF ACTION, WHICHEVER IS LATER.
Termination of this Agreement:We may terminate this Agreement
at any time, with or without cause, and with or without notice. In the event that
you would like to terminate this Agreement, you agree to send such notice of termination
via email to
support@gohypermail.com. You shall not terminate this Agreement
in any other manner, including, but not limited to, verbal, telephonic or other
written means. Your termination of this Agreement will be effective upon the last
day of the month in which Provider receives such notification and must be received
by Provider at least five (5) days prior to your next month’s renewal date. You
agree that if your account is terminated prior to the expiration of the full term,
you will not be entitled to any refund for the unused portion of the term.
Entire Agreement; Acceptance:This Agreement, along with any documents expressly
referenced herein, constitutes the entire and only agreement between the parties
and supersedes any and all prior agreements, whether written, oral, express, or
implied, of us and you with respect to the transactions set forth herein. Neither
party will be bound by, and each party specifically objects to, any term, condition,
or other provision which is different from or in addition to the provisions of the
Agreement (whether or not it would materially alter the Agreement) and which is
proffered by such party in any correspondence or other document, unless the party
to be bound specifically agrees to such provision(s) in writing. The services and/or
products referenced in this Agreement are offered to you conditioned upon the acceptance
of this Agreement and your use of the services, software and/or other products constitutes
your acceptance of this Agreement.