INMAILBOX TERMS OF USE

Welcome to inMailBox which is provided by Prospectics, a division of Non-Linear Technologies Inc. (hereinfafter “Prospectics”, “we” or “us”). These Terms of Use govern your use of the software and services offered through inMailBox).

YOUR ACCESSING THIS WEB SITE AND USE OF INMAILBOX SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE AND YOU CONSENT TO THE INFORMATION PRACTICES DISCLOSED HEREIN. IF YOU DO NOT AGREE, DO NOT USE INMAILBOX.

1. CHANGES TO THE TERMS OF USE.

We may change these Terms of Use at any time. You can review the most current version of these terms by clicking on the ""Terms of Use"" hypertext link located at the bottom of our web pages. You are responsible for checking these terms periodically for changes. If you continue to use inMailBox after we post changes to these Terms of Use, you are signifying your acceptance of the new terms.

2. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT.

You agree that we may provide to you required notices, agreements and other information concerning inMailBox electronically. We will post the notices on the home page of inMailBox or on the relevant web page of the applicable service.

3. PRIVACY POLICY.

The Prospectics Privacy Policy explains the practices that apply to your information when you use inMailBox. Your ongoing use of inMailBox signifies your consent to the information practices disclosed in our Privacy Policy. You can review the Privacy Policy by clicking on the “Privacy Policy” link located on the home page of inMailBox.

4. CHANGES TO INMAILBOX.

We may discontinue or change any service or feature on inMailBox at any time and provided we provide you with thirty (30) days notice.

5. YOUR RESPONSIBILITIES.

You may use inMailBox for lawful purposes and in accordance with these Terms of Use only. You may not submit or transmit through inMailBox any material, or otherwise engage in any conduct that:

1. Impersonates any person, business or entity, including Prospectics and its employees and agents;
2. Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
3. a. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability

You further agree that you will not:

1. post, transmit, or promote any content or message that is illegal, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful or sexually oriented;
2. Transmit SPAM or other unsolicited commercial e-mail messages. Furthermore, you agree that all e-mail messages transmitted via IN-MAILBOX shall contain a functioning, conspicuous unsubscribe mechanism as well as your physical address;
3. Transmit any message to any recipient who has not affirmatively and freely consented to receiving such message prior to delivery, unless there is a preexisting relationship with the recipient;
4. Post, transmit, or promote any content that is or may be construed as false or misleading to others;
5. Use inMailBox in any manner that could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of inMailBox;
6. Post or transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
7. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

6. LICENSE TO USE INMAILBOX.

You may use inMailBox for the described in the inMailBox Contract. The following license, in addition to the other terms of these Terms of Use govern your use of inMailBox. We grant you a personal, non-exclusive, non-transferable, limited license to access inMailBox from any single computer. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our suppliers. You may not sell or redistribute the software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.

You agree to fully comply with all import and export laws, regulations, rules and orders of Canada, and that you will not directly or indirectly export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the Canadian foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances. You further agree to assume responsibility for and bear all expenses relating to your compliance with the described laws, regulations, rules and orders, and obtaining all necessary authorizations and clearances.

7. DISCLAIMER OF WARRANTIES.

We provide inMailBox “as is”, “with all faults” and “as available.” We make no express warranties or guarantees about inMailBox. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT INMAILBOX AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH INMAILBOX ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT INMAILBOX WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF INMAILBOX, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE INMAILBOX (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A PROSPECTICS REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.

8. LIMITATION OF LIABILITY.

YOUR EXCLUSIVE REMEDY REGARDING ANY SOFTWARE PROVIDED BY US SHALL BE THE REPLACEMENT OF ANY SUCH SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF INMAILBOX. IN NO EVENT SHALL OUR LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF INMAILBOX EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON INMAILBOX. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME PROVINCES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH PROVINCES, STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

9. INDEMNIFICATION.

Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of inMailBox. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

10. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.

You agree that the laws of the Province of Ontario govern this contract and any claim or dispute that you may have against us, without regard to Ontario’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the City of Ottawa, Province of Ontario and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, COURTS IN THE PROVINCE OF ONTARIO OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE PROVINCE OF ONTARIO FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

11. SEVERABILITY AND INTEGRATION.

This contract and any supplemental terms, policies or rules posted on the inMailBox website constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

12. TERMINATION.

Your right to use inMailBox automatically terminates at the end of the term of our agreement as set out in the inMailBox Contract and earlier if you violate these Terms of Use or the Acceptable Use Policy in connection with your use of inMailBox. We reserve the right, in our sole discretion, to terminate your access to all or part of inMailBox, in the event of you breach these Terms of Use, with or without notice.