Last updated on March 28, 2007

Please read these terms and conditions and the FAQ carefully before registering for Boxbe. Participation in Boxbe's services ("The Service") indicates that you accept these terms and conditions.

Welcome to Boxbe! Boxbe provides its services to you subject to the following Terms of Service ("TOS"). Boxbe may update these TOS from time to time without direct notice to you. Boxbe will post a text notice on your Dashboard page when there are TOS changes with a link to the updated TOS. This notice will remain there until you choose to delete it. You can always review the most current version of the TOS at http://www.boxbe.com/terms.

When using any Boxbe services, you agree that you and Boxbe shall be subject to the most current posted Terms of Service and Privacy Policy whether or not you read the updates and notices. The latest TOS can be reviewed below. Boxbe's Privacy Policy is published at www.boxbe.com/privacy. The Privacy Policy and Boxbe guidelines and rules are hereby incorporated by reference into the TOS. Your participation in The Service is subject to your continued compliance with these Terms of Service. Boxbe is under no obligation to provide services to you. Boxbe may offer other services in the future that are governed by different Terms of Service and Policies.

1. DESCRIPTION OF SERVICE

Boxbe offers a service that lets members define policies to control which messages are delivered to them and given priority. It also lets consumers indicate their preferences and interests to marketers securely and anonymously, and allows marketers to contact them with offers of interest if the advertiser agrees to the receipt policy set by the member.

Personal information (name, telephone, and street address) is never revealed to the marketers unless a Boxbe member chooses to release it. When and if commercial marketers with products or services of interest pay the member's price to reach the member, Boxbe shares this payment with the member. Members are free to keep the payment and are under no obligation to respond to the marketer.

The service is for email users who have an existing third-party email service.

The public directory listing helps people who might be looking to make contact with you find an email address they can use.

Boxbe's services are limited to one account per person. You understand that Boxbe does not provide direct "inbox" or Mail User Agent ("MUA" or "mail client") access to mail sent through your Boxbe public forwarding address. A detailed description of Boxbe's services is available in the Frequently Asked Questions (FAQ) section and the "How It Works" section.

2. ADVERTISEMENTS and PAID MESSAGES

Boxbe´s service guards your inbox with a personal access price that you control and can adjust. You agree and understand that Boxbe will share an anonymized version of your interests and the information you provide Boxbe about yourself with marketers (see http://www.boxbe.com/how-it-works) and include your personal access price. No name or address detail beyond zip code will be provided. The marketers may use this anonymized information to determine which Boxbe members they will send commercial messages. Your specific, personal identifiable information (individual name, street address or private email address) will be protected by Boxbe and shall not be provided to marketers. See Privacy Section for further details.

The use of Boxbe´s services may result in the delivery of advertisements, offers or paid emails to your private address. You must acknowledge receipt of the advertisements in order for Boxbe to pay you your personal access price. You shall receive a credit in your Boxbe holding account for messages you receive via Boxbe that:

• indicate a payment is associated with a message and
• you choose to claim the payment associated with the message.

Your communications or business activities with senders, or participation in promotions of advertisers and non-Boxbe employees found on or through the Service, are solely between you and such senders. You agree that Boxbe shall not be responsible or liable for payment and delivery of goods, or for services or transactions made between you and those advertisers or non-Boxbe employees. Nor shall Boxbe be responsible or liable for any other terms, conditions, warranties or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

Registration data and certain other information about you are subject to our Privacy Policy. You understand that by using the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Boxbe and its affiliates.

3. YOUR PROFILE AND INFORMATION

You represent and warrant that (a) all of the information you provide to Boxbe to participate in the Services is correct and current; and (b) you have all necessary rights, power and authority to enter into this Agreement and to perform the acts required of you hereunder in accordance with the laws of the United States or other valid jurisdictions. You agree that if you provide statements or representations of your interests, tastes or demographics to Boxbe, such information accurately represents your own interests, tastes and demographics.

If you choose to provide Boxbe with access to additional information concerning your actions, associations, purchase histories, or details of commercial relationships, you agree that such data will also be accurate, truthful, and truly represent you, your prior transactions, associations, and interests.

Should any of the data you provide become inaccurate, you agree to promptly update the information through means provided by Boxbe. If you misrepresent yourself, you understand that Boxbe reserves the right to terminate or suspend your Boxbe account (see Termination section below).

You are solely responsible for providing and maintaining accurate contact and payment information for your account to ensure proper payment. This includes your email address, street address and/or PayPal account information.

We may require additional information to validate the payment destination or to comply with local laws. This information also allows Boxbe to contact you with service announcements, administrative messages, or notices Boxbe considers important concerning use of the service. We will not use such messages to promote services other than services provided directly by Boxbe.

You agree to pay all applicable taxes or charges imposed by any government or third party in connection with your participation in the Service.

Any bank fees resulting from returned or cancelled checks due to an error or omission in contact or payment information may be deducted by Boxbe from future payments.

4. PAYMENTS

At the end of any calendar month, if your earned balance in your Boxbe holding account is $10 or more (minus any amounts you have asked us to reserve in your account), Boxbe shall automatically send payment to your PayPal account or the charity you have designated within 30 days. Payments not made by electronic transfer shall be subject to an additional fee. Boxbe shall pay you your earned balance within sixty (60) days after the end of the calendar month in which the Agreement is terminated, less any funds owed to Boxbe. In no event, however, shall Boxbe make payments for any earned balance less than $10.

The integrity Boxbe´s services relies upon the accuracy of information provided by all parties — consumers and marketers. Boxbe will pay you the amount you specify as your personal access price if and only if Boxbe has no reason to believe that paid messages you receive are the result of fraudulent action or misrepresentation of your profile, interests, or other personal data. Any changes you make to your personal access price will take effect by the next business day and will not apply to any messages already sent by senders. Boxbe reserves the right to withhold payment or charge back your account due any breach of the TOS by you, pending Boxbe´s reasonable investigation of any of the foregoing, or any violation of this agreement by you, or in the event that an advertiser whose messages are sent to you defaults on payment for such ads to Boxbe. If you are past due on any payment to Boxbe, Boxbe may withhold payment until all outstanding debts have been made or, if necessary, use your payments to offset amounts owed in connection with the service.

Boxbe may change its pricing and/or payment structure at any time. Boxbe makes no guarantee regarding the number or amount of paid messages you may receive or the amount of any payment to be made to you.

If you dispute any payment by Boxbe to you, you must notify Boxbe in writing within ninety (90) days of any such payment at service@boxbe.com; failure to so notify Boxbe shall result in a waiver of any claim by you to any such disputed payment.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

Upon completion of your registration process at Boxbe.com, you will receive a validation message at the email address you provided. Once you confirm your registration, your Boxbe account will be active. You are responsible for maintaining the confidentiality of the password and your account. You are also responsible for all activities that occur under your password or account. You agree to immediately notify Boxbe of any unauthorized use of your password or account or any other breach of security. Boxbe will not be liable for any loss or damage arising from your failure to comply with these Terms and Conditions.

You understand that the Boxbe Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Boxbe. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

6. PUBLICITY

Any use of Boxbe´s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with these Terms of Service.

7. PRIVACY

Privacy and control over personal information is important to you and to Boxbe. Allowing you to control, protect and accurately represent your preferences, interests, personal demographic, and psychographic information, is fundamental to Boxbe.

You do, however, agree that Boxbe may disclose your information if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service. Personal information collected by Boxbe may be stored and processed in the United States or any other country in which Boxbe Inc. or its agents maintain facilities. For complete details, see Boxbe´s Privacy Policy.

8. INDEMNITY

You agree to indemnify and hold Boxbe and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim, liability or demand, including attorneys' fees, made by any third party due to or arising out of information you submit, emails you send, or emails sent to you via the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

9. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Boxbe may establish general practices and limits concerning use of the Service. This includes, but is not limited to, the maximum number of days that email messages or other uploaded content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Boxbe's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Boxbe has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You further acknowledge that Boxbe reserves the right to modify these limits and general practices from time to time.

10. ACCOUNT INACTIVITY

After a period of inactivity, Boxbe reserves the right to disable or terminate a user's account. If an account has been deactivated for inactivity, Boxbe shall pay you your earned balance within sixty (60) days after the end of the calendar month in which the account is de-activated provided it is above $10.00 less any payments owed to Boxbe. In no event, however, shall Boxbe make payments for any earned balance less than $10.

11. TERMINATION

You may cancel your use of the Service with or without cause at any time by providing notice to Boxbe at service@boxbe.com. Boxbe will terminate your account within five business days of receiving your request. Boxbe may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless Boxbe has previously canceled or terminated your use of the Services (in which case subsequent notice by Boxbe shall not be required), if you have provided an alternate email address, Boxbe will attempt to notify you via email of any such termination or cancellation, which shall be effective immediately upon issuance of such notice. Sections 4-8 and 12 of this TOS Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.

12. LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT BOXBE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BOXBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.