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| ePriority® Terms of Use | 
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TERMS AND CONDITIONS FOR USE OF THE EPRIORITY® EMAIL SERVICE ePriority (sm) (the "Services") provides a collection of tools and resources to create, launch, and manage online messaging campaigns and document deliveries. The following are the terms and conditions for use of the Services, along with any amendments thereto and any operating rules or policies that may be published from time to time ePriority's owner, DST Output. 1. Services and Support 1.1 The Services are provided subject to the following terms and conditions and any operating policies that ePriority may establish (the "Agreement"). ePriority may make changes to this Agreement, and continued use of the Service constitutes Customer's acceptance of any such changes. In addition, when using particular ePriority services, Customer and ePriority shall be subject to any guidelines or rules applicable to such Services that may be added from time to time. 1.2 The Services are available only to persons who can form legally binding contracts under applicable law. If you do not qualify, please DO NOT use the Services. 1.3 The Services provide corporations, small businesses, and communications service providers, access to an array of software and services that facilitate interactive email communications with customers and potential customers. 1.4 Customer must complete a registration form in order to use the Services. Customer will provide true, accurate, current, and complete information about Customer as requested in the registration form, and will update the information to keep it current. As part of the registration process, Customer will identify an e-mail address and password for Customer's ePriority account. Customer is responsible for maintaining the security of the Customer account, passwords, and files, and for all uses of Customer's account and of the Services in Customer's name. ePriority reserves the right to refuse registration of, or cancel, accounts it deems inappropriate. 2. Restrictions and Responsibilities 2.1 This is an Agreement for Services, and Customer is not granted a license to any software by this Agreement. 2.2 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with ePriority's privacy policies as published at www.ePriority.com or otherwise furnished to Customer (the "Policy") and all applicable laws (including but not limited to policies and laws related to unsolicited bulk email, privacy, obscenity, or defamation). Customer may not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. Customer hereby agrees to indemnify and hold harmless ePriority against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing. Although ePriority has no obligation to monitor the content provided by Customer or Customer's use of the Services, ePriority may do so and may remove any such content or prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing. 2.3 Customer acknowledges and agrees that messages that the Customer creates selecting the "Powered by ePriority" option, the Services shall automatically add an identifying footer stating "Powered by ePriority" or a similar message. 2.4 In using the varied features of the Services, Customer may provide information (such as name, contact information, or other registration information) to ePriority. ePriority may use this information and any technical information about Customer's use of this web site to tailor its presentations to Customer, facilitate Customer's movement through this web site, or communicate separately with Customer. ePriority will not provide information to companies Customer has not authorized, and ePriority will not permit the companies that get such information to sell and redistribute it without Customer's prior consent. 3. Termination 3.1 Customer may terminate this Agreement at any time by sending an e-mail message to support@ePriority.com or by sending written notice to, ePriority at 2519 Madison Ave, Kansas City, MO 64108 3.2 ePriority may terminate this Agreement or the Services at any time with or without cause, and with or without notice. ePriority shall have no liability to Customer or any third party because of such termination. 3.3 Upon termination for any reason, ePriority may delete any Customer archived data within 30 days after the date of termination. All sections of this Agreement, which by their nature should survive termination, will survive termination, including, without limitation, warranty disclaimers and limitations of liability. 3.4 If Customer does not log into its account for more than 90 days, the account may become inactive. When an account is classified (at ePriority' sole discretion) as inactive, ePriority will notify Customer by e-mail. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SIGNUP CAMPAIGN RESULTS, MAY BE PERMANENTLY REMOVED FROM THE EPRIORITY DATABASE. 4. Warranty Disclaimer CUSTOMER USES THE SERVICES AT ITS OWN RISK. EPRIORITY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND EPRIORITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. 5. Limitation of Liability NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR PERSONAL INJURY OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY EPRIORITY, EPRIORITY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND PROPERTY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF EPRIORITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. Export of Services or Technical Data Customer may not remove or export from the United States or allow the export or re- export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country. 7. Miscellaneous 7.1 If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. 7.2 Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. 7.3 No agency, partnership, joint venture, or employment is created as a result of this Agreement, and Customer does not have any authority of any kind to bind ePriority in any respect whatsoever. 7.4 In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees. 7.5 This Agreement shall be governed by the laws of the State of Missouri, USA, without regard to its conflict of laws provisions. 8. Trademark and Copyright © 2004-2010 DST Output, LLC. All rights reserved. DST Output© is a registered trademark of DST Systems, Inc. ePriority is a registered trademark of DST Output. Unless otherwise stated, copyrights and all similar rights in all material presented on the DST Output site, including graphical images, are owned by DST Output. Publication of materials on the DST Output site does not constitute the placing of such materials in the public domain.
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