SPAMCuda User Agreement

Last Modified on 7/7/2004

GENERAL EXPLANATION OF THE SERVICE

SPAMCuda is an INCOMING EMAIL SERVICE for washing your email clean of spam messages. It provides NO outbound email service of any kind. Attempts to forward email through the SPAMCuda system for outbound destinations will FAIL.

You may elect to have SPAMCuda either store your email locally OR you may choose to have it forward your cleaned email to any other location on the Internet. You are solely responsible for insuring that the forwarding address is under your control and will accept the incoming messages, if you activate that feature.

SPAMCuda permits reception and cleaning of email messages for any domain or group of domains which you personally own and/or control. If you designate email a DOMAIN in any of your SPAMCuda email boxes, you are responsible for moving the "MX" domain records so that they point to "mail.spamcuda.net". YOUR EMAIL WILL NOT BE PROCESSED UNTIL YOU UNDERTAKE THIS STEP! You also understand that if you point MX records towards this server, that you must name ALL email accounts that you wish to be active on this domain; all unnamed email login IDs for this domain will be bounced at the SPAMCuda system.

If you do not specify a "forwarding" address, then SPAMCuda will store your email locally on the SPAMCuda system, which you may access using the "POP" protocol. Your email box in this case is limited to 20 megabytes of storage.

All email boxes will have a valid email address of "id@mail.spamcuda.net" which can be sent to. Boxes which are mapped to domain IDs will receive email for that ID and domain as well as the "id@mail.spamcuda.net" address.

All access to the SPAMCuda system for management purposes is done via HTTPS using 128 bit security. SPAMCuda STORES PASSWORDS TO YOUR EMAIL BOXES ON THE SYSTEM AND THEY ARE PASSED OVER THIS CONNECTION. For this reason only HTTPS (secure) connections are permitted. Attempting to access the
control program via regular HTTP (non secure) will be rejected.

GENERAL TERMS AND CONDITIONS OF ACCESS

YOU AGREE to provide truthful and complete IDENTITY information to the SPAMCuda system, including your STREET ADDRESS OF RESIDENCE and a VOICE PHONE NUMBER.

PO Boxes are NOT acceptable.

You agree to IMMEDIATELY NOTIFY US if this contact information changes, and to keep up to date the notification email address that the system requests from you and to which this email was sent.

SPAMCuda accounts are available to UNITED STATES RESIDENTS ONLY.

SIGNING UP WITH MORE THAN ONE ACCOUNT PER USER OR EMAIL ADDRESS IS NOT ALLOWED. ATTEMPTS TO CIRCUMVENT THIS POLICY WILL RESULT IN THE IMMEDIATE DEACTIVATION AND BANNING OF ALL ACCOUNTS CREATED AS "SOCK PUPPETS", AND BANNING OF YOUR IP ADDRESS FROM FURTHER ACCESS TO SPAMCUDA. You are permitted only ONE SPAMCuda account per natural person, mailing address, and email address. You may, however, list and control as many email boxes under that one SPAMCuda account as you would like.

YOU AGREE THAT YOU ARE THE LEGITIMATE OWNER OF ANY DOMAIN OR EMAIL BOX YOU FORWARD EMAIL TO ON THIS SERVICE.

You agree that SPAMCuda operates on a "best effort" basis and that NO WARRANTY, EXPRESSED OR IMPLIED, EXISTS FOR THE PERFORMANCE OF THE SYSTEM. You explicitly understand and accept that SPAMCuda is designed to INTENTIONALLY intercept email messages which it deems to be "spam" and either throw them away or return them to the sender. You agree that you have the ability to control this behavior by changing the system defaults
if you so choose, but you are under no obligation to do so. BY USING SPAMCuda YOU EXPLICITLY ACCEPT THE RISK OF LOSS OF LEGITIMATE EMAIL WHICH MAY BE UNINTENTIONALLY CAUSED THROUGH THE USE OF SPAMCuda.

If the system allows you a "trial period", in the form of credits posted to your account automatically when you sign up, you agree that attempting to create multiple accounts to generate multiple "free" credits is specifically not allowed, and attempting to circumvent this restriction will lead to a permanent ban on your account to SPAMCuda.

FREE OFFERS ARE LIMITED TO ONE PER PERSON!

NO USE BY EMAIL MARKETERS

YOU AGREE that you are not engaged in the practice of distributing bulk electronic mail by any means with a return address that is to be handled by SPAMCuda, whether by "OPT IN" or "OPT OUT", and irrespective of whether you comply with any laws relating to spam or not, as the purpose of the SPAMCuda system is directly contrary to the inherent nature of the transmission of bulk electronic mail.

ANY ACCOUNT FOUND TO BE USED IN VIOLATION OF THIS POLICY WILL RESULT IN THE IMMEDIATE AND PERMANENT NO-NOTICE BAN OF THAT ACCOUNT AND USER FROM THE SPAMCUDA SYSTEM, WITH AN IMMEDIATE NO-NOTICE LOSS OF ALL CREDITS ON DEPOSIT. THERE WILL BE NO EXCEPTIONS MADE TO THIS POLICY.

AGREEMENT TO FEE SYSTEM AND TERMS

SPAMCuda is a subscription service which operates on a "Prepay" basis. The current schedule of FEES can be found online through the "HELP" link on the User Control Page, and clicking on the FEES button at the bottom of that page, or at the bottom of this page.

You understand and agree that SPAMCuda's fees may change at any point in time, but that we will announce any fee INCREASES at least thirty (30) days in advance of actually implementing them. You agree that you are responsible for monitoring this link if you wish to be aware of the continuing fee policy associated with SPAMCuda.

SPAMCuda "credits" which are purchased will appear under your account. Each account you activate will be charged an "activation fee", and each account will cost some number of credit(s) per day to maintain, as disclosed in the FEES link to this document.

Activations and fee deductions will be processed within a few hours of your request to establish a new account.. If your account reaches zero credit, or would reach a negative credit balance with the accounts you currently have active, your accounts will be deactivated automatically. If your accounts are deactivated due to running out of credits, you will be charged the activation fee in order to reactivate them once you deposit more credits in your account.

Note that activating accounts MAY permit your credit balance to become negative.

Accounts which are DEACTIVATED will remain "blocked" in the system for up to 24 hours. During this time you will not be able to reactivate them, and the system will treat that ID as a duplicate. THERE IS NO RESERVATION ON DEACTIVATED ACCOUNTS - ANY OTHER USER MAY RE-REGISTER A DEACTIVATED ACCOUNT ID AS SOON AS IT IS RELEASED.

DEACTIVATED accounts will have their email and all stored settings immediately removed. IT IS NOT POSSIBLE TO RECOVER EMAIL OR OTHER DATA FROM A DEACTIVATED ACCOUNT!

ACCOUNTS WHICH REACH ZERO BALANCE, OR WOULD WITH THE CURRENT DAY'S PROCESSING, AND ARE NOT REPLENISHED WILL BE REMOVED AUTOMATICALLY BY THE SYSTEM IN 14 DAYS. AT THAT TIME ALL EMAIL BOX IDS UNDER THIS ACCOUNT WILL BE RELEASED.

ACCOUNTS WITH AN EFFECTIVE ZERO BALANCE (that is, a balance which is less than the maintenance fee for the current day) WILL NOT BE ABLE TO RECEIVE ANY EMAIL, NOR WILL POP3 ACCESS BE AVAILABLE TO THEM. ONCE PAYMENT HAS BEEN POSTED, THESE ACCOUNTS WILL AUTOMATICALLY REACTIVATE DURING THE NEXT NIGHTLY RUN. NO "EXPEDITED" REACTIVATIONS CAN BE PROCESSED BY THE SOFTWARE.

YOU EXPLICITLY UNDERSTAND THAT RUNNING OUT OF CREDITS WILL CAUSE LOSS OF ACCESS TO YOUR EMAIL BOXES FOR UP TO 24 HOURS, EVEN IF YOU MAKE IMMEDIATE PAYMENT, AND THAT YOU WILL MONITOR YOUR CREDIT STATUS TO PREVENT THIS OCCURRANCE.

You further agree that SPAMCuda fees are earned fully when paid, and that credits purchased are not refundable under any circumstances.

PAYPAL AS ONLINE PROCESSOR AND ALTERNATIVE FORMS OF PAYMENT

CUDA Systems LLC has appointed PayPal as its exclusive online web payment service. PayPal permits users to make payments using a credit card, eCHECK, or PayPal balance. You may also deposit credits to your SPAMCuda account by sending a check or money order to:

CUDA SYSTEMS LLC
314 Olde Post Road
Niceville, FL 32578

In all cases, payments are not credited to your account until final collection has taken place.

PayPal automatically notifies the SPAMCuda system via electronic transfer when a payment is posted. Such payments are validated by the SPAMCuda system and confirmation is sent to you via email. Note that eCHECK payments will incur delays in posting until the check has cleared your issuing bank. Credit Card and PayPal balance payments are posted immediately. In all cases where payment is made by PayPal, you will receive notification of each transaction and its status directly by the SPAMCuda system as well as from PayPal.

PayPal payments are accepted in increments of $10.00, and are accepted only in US funds frmo US account holders.

You will be notified automatically by the SPAMCuda system when payments, credits, and other transactions from PayPal post to your account. This notification will be made to your control account's registered email address. Your PayPal email address must exactly match your control account email address for payments to correctly post to your SPAMCuda account. Payments sent from PayPal email addresses which do not match a SPAMCuda control account's email address will be refunded within five business days after being posted to us.

By using PayPal you will be required to agree to the PayPal terms of service, which are not under CUDA SYSTEMS LLC's control. We will not intervene in any dispute between you and PayPal. We will, however, investigate immediately any discrepancy which you allege may exist between our payment records and those maintained by PayPal. To request such an investigation,.please email customer-service@cudasystems.net with the specifics of your request.

You may view your transaction history from PayPal transactions posted to your SPAMCuda account at any time from the control panel by clicking the "Transactions" button. This log will contain only transactions which you have posted to SPAMCuda, and not any other business you may conduct using PayPal, and is maintained on our systems.

YOU AGREE BY USING PAYPAL TO MAKE PAYMENTS TO YOUR SPAMCUDA ACCOUNT THAT YOU WILL NOT INITIATE ANY CHARGEBACK, REVERSAL, OR OTHER PROCESS THAT OPERATES IN VIOLATION OF ANY OF THESE TERMS OF SERVICE. YOU FURTHER AGREE THAT SHOULD YOU DO SO, WE ARE ENTITLED TO RECOVER THE ENTIRE AMOUNT OF ANY SUCH CHARGED BACK OR REVERSED AMOUNT, PLUS OUR ACTUAL COSTS OF RECOVERY, INCLUDING REASONABLE ATTORNEY FEES AND COSTS, PLUS $250 (TWO HUNDRED FIFTY DOLLARS) AS OUR LIQUIDATED DAMAGES FOR THE EXCEPTIONAL HANDLING COSTS AND EXPENSES ASSOCIATED WITH SUCH IMPROPER REQUESTS.

IN THE EVENT YOU BELIEVE AN ERROR HAS OCCURRED, SUCH AS ACCIDENTALLY MAKING TWO OR MORE DEPOSITS TO YOUR ACCOUNT WHERE YOU INTENDED TO MAKE ONLY ONE, YOU AGREE TO CONTACT US IMMEDIATELY AT THE ABOVE EMAIL ADDRESS WITH THE SPECIFICS OF THE TRANSACTION YOU ALLEGE IS IN ERROR. WE ARE ABLE TO IMMEDIATELY REFUND ANY SUCH ERRONEOUS TRANSACTIONS MADE VIA PAYPAL, AND WILL DO SO IN THE EVENT OF AN ERROR THAT IS TIMELY PRESENTED TO US. ALLEGATIONS OF ERRONEOUS TRANSFERS MUST BE INITIATED AT THE ABOVE EMAIL ADDRESS WITHIN FIVE (5) BUSINESS DAYS OF THEIR POSTING TO YOUR ACCOUNT, AND YOU MUST FULLY COOPERATE WITH US IN THE INVESTIGATION OF SUCH AN ERROR IN ORDER TO PRESERVE YOUR RIGHTS TO A REFUND. IN ADDITION, YOUR ACCOUNT MUST HAVE A POSITIVE CREDIT BALANCE AFTER THE REFUND WOULD BE POSTED IN ORDER TO BE ELEGIBLE FOR SAME.

GOVERNING LAW, WAIVER, LEGAL, PRIVACY AND GENERAL TERMS

Your privacy is very important to us. We will not sell, lease, or use the information you provide to us except in the performance of this agreement between you and SPAMCuda, or in the event we are compelled to release your information in response to a governmental action such as a subpoena, warrant, or writ. You agree that our determination as to whether any such process is valid and enforceable shall control, and that we may release your information in response to any such official demand if we, in our sole opinion, believe that the warrant, subpoena, writ or other similar instrument compels us to do so.

We reserve the right to transfer your information to an acquiring entity concurrently with the sale or transfer of the service itself to that same entity. That is, were SPAMCuda to be sold, your subscription information would inherently be transferred to the acquiring entity as a part of that transaction. You consent to this potential transfer through your use of the service.

YOU UNDERSTAND THAT INSTRUCTIONS GIVEN TO THE SYSTEM VIA THE SECURE WEB INTERFACE MAY NOT BE IMMEDIATELY EXECUTED, AND THAT A DELAY OF SEVERAL HOURS MAY OCCUR BEFORE UPDATES YOU REQUEST WILL TAKE EFFECT. YOU FURTHER UNDERSTAND THAT IN THE EVENT THAT YOUR ACCOUNT(S) ARE DISABLED DUE TO EXHAUSTION OF YOUR CREDIT BALANCE, IT MAY REQUIRE UP TO 24 HOURS BEFORE THEY ONCE AGAIN BECOME AVAILABLE ONCE CLEAR FUNDS HAVE BEEN RECEIVED.

YOU ALSO UNDERSTAND THE ACCEPT THAT THERE ARE RISKS OF INTERRUPTION INHERENT IN THIS SERVICE, NOT ALL OF WHICH ARE UNDER THE CONTROL OF EITHER YOURSELF OR CUDA SYSTEMS, LLC. IT IS AGREED BETWEEN YOU AND CUDA SYSTEMS, LLC THAT THE LIMIT OF LIABILITY FOR SERVICES WHICH ARE UNAVAILABLE DUE TO TECHNICAL DIFFICULTIES WITHIN THE EQUIPMENT PROVISONED AND OPERATED BY CUDA SYSTEMS, LLC IS LIMITED TO THE PROVISION OF ONE FREE CREDIT FOR EACH ACCOUNT/DAY THAT IS INACCESSIBLE FOR A PERIOD OF 24 CONTINUOUS HOURS. IT IS FURTHER AGREED THAT CUDA SYSTEMS LLC EXPLICITLY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR THE ACTS, ERRORS, OMISSIONS OR EVENTS WHICH ACT UPON THIRD PARTIES, INCLUDING BUT NOT LIMITED TO HOSTING AND INTERNET PROVIDERS BETWEEN YOU AND CUDA SYSTEMS LLC.

YOU FURTHER AGREE AND ACCEPT THAT WE ARE NOT RESPONSIBLE FOR BREACHES OF SECURITY WHICH OCCUR DUE TO THE GUESSING OR "ENTRAPMENT" OF YOUR PASSWORD, NOR FOR ACTIONS CAUSED BY OUTSIDE PARTIES ("HACKING"). SPAMCuda PERMITS AND SUGGESTS LONG PASSWORDS (UP TO 20 CHARACTERS ARE ACCEPTED) AND STRONGLY RECOMMENDS AGAINST THE USE OF EASILY GUESSED PASSWORD ENTRIES. YOU ARE RESPONSIBLE FOR THE SECURITY OF YOUR PASSWORD AND CONTROL ID.

WE DECLARE THAT THE SYSTEM STORES NO FINANCIAL INFORMATION RELATED TO YOUR ACCOUNT THAT CAN BE USED BY A THIRD PARTY; YOUR PERSONAL INFORMATION IS RESTRICTED TO YOUR NAME, ADDRESS AND TELEPHONE NUMBER, AND TRANSACTION INFORMATION STORED ON OUR SYSTEM FROM PAYPAL DOES NOT INCLUDE ANY ACCOUNT OR CREDIT CARD INFORMATION.

YOU AGREE THAT THIS AGREEMENT IS CONSTRUED AND WILL BE GOVERNED UNDER THE LAWS OF THE STATE OF FLORIDA, CITY OF NICEVILLE, COUNTY OF OKALOOSA, IRRESPECTIVE OF WHERE ANY AGENT OF OUR FIRM, THE MACHINE OR MACHINES PROVIDING THE ACTUAL SERVICE TO YOU, OR YOU PERSONALLY ARE PHYSICALLY LOCATED. ALL SERVICES WILL BE DEEMED TO HAVE BEEN PROVIDED AND DELIVERED IN OKALOOSA COUNTY FLORIDA FOR PURPOSES OF TAXATION AND LEGAL DELIVERY. YOU AGREE AND CONSENT TO PERSONAL JURISDICTION IN OKALOOSA COUNTY FLORIDA FOR THE RESOLUTION OF ALL DISPUTES.

THE ENTIRE SET OF TERMS IN THIS AGREEMENT AND YOUR ACCEPTANCE OF SAME FORM AN INSEPARABLE PART OF OUR SERVICE AND YOUR CONSIDERATION TO CUDA SYSTEMS, LLC IN USING SAME.

YOU AGREE NOT TO SOLICIT FOR TRANSMISSION ANY MATERIAL WHICH IS ILLEGAL TO PROVIDE UNDER THE LAWS OF THE STATE WHERE YOU RESIDE, THE STATE OF FLORIDA, OR ANY STATE, MUNICIPALITY OR OTHER GOVERNMENT AGENCY WHICH THE INFORMATION PASSES THROUGH. THIS INCLUDES BUT IS NOT LIMITED TO MATERIAL WHICH VIOLATES COPYRIGHT, TRADE-SECRET, PATENT, DECENCY OR OTHER LAWS.

YOU AGREE THAT ANY VIOLATION OF THESE TERMS MAY LEAD TO THE IMMEDIATE AND PERMANENT BANNING OF YOUR ACCESS TO SPAMCUDA, AND THE FORFEITURE OF ANY CREDITS "ON DEPOSIT" AS LIQUIDATED DAMAGES TO CUDA SYSTEMS LLC FOR YOUR MATERIAL BREACH OF THIS AGREEMENT .