The Terms of Service in this Agreement (the “Agreement”) are entered
into by and between the subscriber (“you”, “your” or “Subscriber”)
and IKANO Communications Inc. dba DNAmail (“DNAmail”, “us”
or “we”). You are deemed to have accepted this Agreement upon the earliest
of: (a) your submission of an order; (b) your accepting the terms and conditions
electronically during the ordering process; or (c) your use of the Service (as defined
herein). This Agreement includes the terms set forth herein, the
Acceptable Use Policy, the
Privacy Policy, and all other materials specifically referenced in this
Agreement, all of which are incorporated by reference herein. This Agreement sets
forth the terms and conditions under which you agree to use the Service.
1. SERVICE. DNAmail will provide you with email hosting and or
web hosting, subject to the terms and conditions set forth herein (the “Service”).
DNAmail reserves the right to refuse service to anyone.
2. SUBSCRIBER INFORMATION. You acknowledge that you are eighteen
(18) years of age or older, and you agree that you have the legal authority to enter
into this Agreement and affirm that the information you supply to us is correct
and complete. You understand that DNAmail relies on the information you supply
and that providing false or incorrect information may result in Service delays or
the suspension or termination of your Service. You agree to promptly notify DNAmail
whenever your personal or billing information changes, including without limitation,
your name, address, telephone number, and credit card number and expiration date,
if applicable.
3. GENERAL PRICING AND FEES. DNAmail’s prices are shown
in the Pricing Schedule and you will be charged based on the Plan and Options you
select during the ordering process. All Subscribers are on a “Month to Month”
Plan (a “Monthly Subscriber”) and will pay the monthly price(s) listed
on the Pricing Schedule corresponding to the Plan and Options chosen by such Monthly
Subscriber at the time of order. However, such monthly prices are subject at any
time to increase to DNAmail’s then current prices. All Subscribers are responsible
for all applicable taxes, telecommunication surcharges or other governmental charges
due on the Services, all of which are subject to change at any time. DNAmail will
break out such charges on the monthly invoice. Promotional packages are only available
to first time DNAmail Subscribers.
4. PAYMENT, LATE FEES AND OTHER CHARGES. There is no money back
guarantee for any Services unless specifically written in a special one time promotion.
There are no pro-rated refunds for unused time. DNAmail will invoice you based
on the Plan and Options you select during the ordering process. New Subscribers
who enter into this Agreement after the first day of any month will be billed on
a pro-rated basis for their first month of paid Service. This charge will pay for
a partial month to catch you up to our calendar month billing cycle and your first
full payment period. All subsequent charges will be for one (1) prepayment period
beginning the 1st day of the billing cycle. You are required to pay all fees by
an automatic payment method. DNAmail accepts credit cards (MasterCard, Visa, American
Express and Discover) and debit cards with MasterCard and Visa logos. You agree
to pay within twenty (20) days from receipt of an invoice. If you do not pay an
invoice within such twenty (20) day period, DNAmail may deny, discontinue or otherwise
suspend your Service until full payment is received. You are responsible for paying
monthly subscription fees while Services are suspended due to non-payment. All accounts
suspended for non-payment are subject to a ten dollar ($10.00) re-activation fee.
Subscribers are responsible for any disputed charges beyond sixty (60) days from
the date of the charge. Any account which goes into collection status will be transferred
to a collection agency and incur a twenty-five dollar ($25.00) processing fee and
all other applicable fees and charges. You must pay a twenty-five dollar ($25.00)
service charge on all returned checks, disputed credit cards, and credit card chargebacks.
Past due accounts will accrue a monthly charge of one and one-half percent (1.5%)
of the past due balance or one dollar ($1.00), whichever is greater.
5. SOFTWARE. In connection with our provision of the Service, we
may provide to you, via download, CD, other media, or other delivery method, the
use of certain software which is owned by DNAmail or its third party licensors,
providers and suppliers, and which may be provided free or for a fee (the “Software”).
We reserve the right to update or change the Software from time to time and you
agree to cooperate in performing such steps as may be necessary to install any updates
or upgrades to the Software. You may use the Software only as part of or for use
with the Service and for no other purpose. The Software may be accompanied by an
end user license agreement from DNAmail or a third party. Your use of the Software
is governed by the terms of that license agreement and by this Agreement, where
applicable. You may not install or use any Software that is accompanied by or includes
an end user license agreement unless you first agree to the terms and conditions
of the end user license agreement.
6. TERM. This Agreement is effective upon Subscriber’s acceptance
as provided above and shall continue until terminated by Subscriber or DNAmail
pursuant to this Agreement. Each Subscriber is on automatically renewing periodic
term on a Month-to-Month prepayment basis beginning on the first day of the first
calendar month of such period (or, in the case of the first term, beginning with
Subscriber’s acceptance as provided above).
7. TERMINATION BY SUBSCRIBER. Subscriber may terminate this Agreement
at any time for any reason by providing DNAmail with a thirty (30) day written
notice in the form of a valid written termination request and paying all fees and
other charges accrued or otherwise payable under the terms of this Agreement. Such
thirty (30) day period begins on the date on which DNAmail receives Subscriber’s
valid written termination request. The termination of a Subscriber on monthly periods
will be effective on the later of (a) the end of last day of the calendar month
during which such thirty (30) day period ends (e.g., a valid written termination
request received by DNAmail any time during January will result in termination
effective at the end of February) or (b) the end of last day of the calendar month
requested by the Subscriber. For a Subscriber other than one on monthly periods,
their termination, if received by DNAmail at least thirty (30) days prior to the
end of their periodic term, will be effective at the end of such term, unless such
Subscriber requests an earlier date. Notwithstanding the foregoing provisions of
this section 8, if DNAmail receives a written termination request from a Subscriber,
DNAmail may, in its sole discretion, terminate this Agreement on a date earlier
than the date otherwise prescribed by this section 8. If this Agreement is terminated
prior to the end of a prepaid term, a Subscriber will not receive a refund of any
prepaid fees or other charges. DNAmail does not monitor Subscriber accounts for
activity, and absence of activity will never constitute a termination request. A
written termination request is valid only if it includes your main username, date
you wish the service to be cancelled and the reason for canceling and is submitted
using one of the following methods:
1. Via email at
cancel@dnamail.com
2. Via fax at 818-206-0326
3. Via mail to: DNAmail
Attn: Cancellation Department
P. O. Box 221050
Salt Lake City, UT 84122
8. TERMINATION BY DNAmail. If, in DNAmail’s sole discretion,
(a) a Subscriber is in breach of any of the terms of this Agreement (including but
not limited to the Acceptable Use Policy); (b) a Subscriber’s use of the Service
is prohibited by law or is disruptive to, adversely impacts or causes a malfunction
to the Service, DNAmail’s servers or other equipment, or the use and enjoyment
of other users; (c) a Subscriber acts in an abusive or menacing manner when dealing
with DNAmail’s technical support staff, customer service staff or any other
DNAmail employees or representatives; (d) DNAmail receives an order from a court
to terminate a Subscriber’s Service; or (e) DNAmail for any reason ceases
to offer the Service, then DNAmail at its sole election may terminate or suspend
such Subscriber’s Service immediately without notice. For a termination in
accordance with this paragraph, Subscriber remains liable for all unpaid fees and
other charges accrued or otherwise payable under the terms of this Agreement.
9. TERMINATED SUBSCRIBER. DNAmail, in its sole discretion may
refuse to accept a Subscriber’s application for renewal or resubscription
following a termination or suspension of such Subscriber’s use of the Service.
If a Subscriber’s Service is terminated for any reason, such Subscriber, upon
approval by DNAmail, may enter into a new Agreement and must pay any applicable
setup or activation fees at such time. Upon the termination of a Subscriber’s
use of the Service, DNAmail has the right to immediately delete all data, files
and other information stored in or for the Subscriber’s account without further
notice to the Subscriber.
10. TECHNICAL SUPPORT. DNAmail assumes that the Subscriber has
a basic understanding of their computer and the use of any third party website design
or file transfer protocol (FTP) applications. DNAmail will not train you in basic
computer skills (e.g., deleting files, creating directories or designing web pages).
Technical support is intended to facilitate the setup of your properly functioning
web or email hosting storage space. Our technical support staff is not trained to,
has no obligation to and will not assist you in installing and/or troubleshooting
or providing support for any third party Software. It is the Subscriber’s
responsibility to initiate and be available for technical support during DNAmail’s
hours of operation. If a Subscriber wishes to utilize DNAmail’s technical
support, the Subscriber must be available to help troubleshoot the connection or
computer setup. DNAmail does not provide on-site technical support.
11. ANTI-SPAM AND ANTI-VIRUS FILTERS. The anti-spam and anti-virus
filters are services that may be available for Subscribers. The anti-virus server
software is a commercially available third party product designed to stop viruses
before they reach your mail box. DNAmail takes no responsibility for your computer
and any viruses not blocked by the software. DNAmail highly recommends using third
party virus protection software that runs on your computer in addition to the anti-virus
filter to better ensure virus protection. DNAmail takes no responsibility for legitimate
virus free email that is blocked by virus software. The anti-spam product allows
Subscribers to enable default or customized settings for spam protection. The spam
that is filtered will be moved to a folder labeled “Junk E-Mail” and
can be accessed from the webmail interface. Messages will be stored in the Junk
E-Mail folder and can be retrieved for up to 10 days. Messages ten (10) days or
older will automatically be permanently deleted by the server. It is the Subscriber’s
responsibility to check these messages to ensure no legitimate email was filtered.
DNAmail is not responsible for any email messages, legitimate or not, that are
filtered or deleted by the spam filtering software.
12. ACCEPTABLE USE. Subscriber agrees to use the Service in accordance
with DNAmail’s acceptable use policy (“Acceptable Use Policy”)
published at
http://www.dnamail.com/terms/PolicyViewer.aspx.
DNAmail reserves the right to make changes to the Acceptable Use Policy without
notice.
13. ILLEGAL USE. DNAmail servers may be used for lawful purposes
only. Transmission, storage, or distribution of any information, data, or material
in violation of any applicable law or regulation, or that may directly facilitate
the violation of any particular law or regulation is prohibited. This includes,
but is not limited to: copyrighted material; trademarks; trade secrets or other
intellectual property rights used without proper authorization; material that is
obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Additionally, in purchasing DNAmail services, all DNAmail customers certify that
they and/or the organization they represent in procuring services from DNAmail
are not, nor have been designated, a suspected terrorist as defined in Executive
Order 13224; are not owned or controlled by a “suspected terrorist”
as defined in Executive Order 13224; and are not on, are not a member of, related
to, associated with, or controlled by any organizations on the list contained in
the Annex to Executive Order 13224 and all updates thereto.
14. SPAMMING. Sending unsolicited bulk and/or commercial messages
over the Internet (known as "spamming") is prohibited, regardless of whether
or not it overloads a server or disrupts service to DNAmail’s customers.
DNAmail web hosting customers are bound to the DNAmail Acceptable Use Policy and
can find specific information about spamming policies in section three of that document.
http://www.dnamail.com/terms/PolciyViewer.aspx
15. SYSTEM AND NETWORK ABUSE. Violations of system or network security
are prohibited and may result in criminal and civil liability. Examples of system
or network security violations include, without limitation the following: unauthorized
access to or use of data, systems or networks, including any attempt to probe, scan
or test the vulnerability of a system or network or to breach security or authentication
measures without express authorization of the owner of the system or network; interference
with service to any user, host or network including, without limitation, mail bombing,
flooding, deliberate attempts to overload a system and broadcast attacks; forging
of any TCP-IP packet header or any part of the header information in an email or
a newsgroup posting.
16. VIRUSES AND OTHER DESTRUCTIVE ACTIVITIES. Use of DNAmail’s
services or equipment for creating or sending Internet viruses, worms or Trojan
horses, or for pinging, flooding or mail bombing, or engaging in denial of service
attacks is prohibited. It is also prohibited for any customer to engage in other
activity that is intended to disrupt or interfere with, or that results in the disruption
of or interference with, the ability of others to effectively use DNAmail’s
services and equipment (or any connected network, system, service or equipment)
or conduct their business over the Internet. Eggdrops and other forms of bots
ran on our servers are not allowed and could result in service termination.
17. CGI SCRIPTS. Any scripts that pose a potential security risk
or are deemed to be adversely affecting server performance or network integrity
will be shut down or will be automatically removed without prior notice. DNAmail
does not permit CGI script sharing with domains not hosted by DNAmail or any scripts
that may be abused for UCE purposes.
18. COPYRIGHT VIOLATIONS. The Digital Millennium Copyright Act
("DMCA") sets forth the law regarding the use of copyrighted materials
on the Internet. All DNAmail customers are subject to the requirements of the DMCA.
Customers who are the subject of a DMCA notification may be subject to account termination
at DNAmail’s sole discretion.
19. CHILD PORNOGRAPHY. The use of DNAmail’s services to
store, post, display, transmit, advertise or otherwise make available child pornography
is prohibited. DNAmail is required by law, and will, notify law enforcement agencies
when it becomes aware of the presence of child pornography on, or being transmitted
through, its services.
20. CUSTOMER RESPONSIBILITY. Customers are required to use the
DNAmail network responsibly. This includes respecting the other customers of DNA
Mail. DNAmail reserves the right to suspend and/or cancel service with any customer
who uses the DNAmail network in such a way that adversely affects other DNAmail
customers. While DNAmail may monitor its service electronically to determine that
its facilities are operating satisfactorily, as a general practice, DNAmail does
not monitor its customers' communications or activities to determine whether they
are in compliance with the Terms and Conditions. However, when DNAmail becomes
aware of any violation of the Terms and Conditions or other user agreements, DNA
Mail may take any action to stop or correct such violation, including, but not limited
to, denying access to DNAmail’s services and equipment or to the Internet.
In addition, DNAmail may take action against a customer or a customer of such customer
because of the activities of such customer. DNAmail anticipates that customers
who offer Internet services will cooperate with DNAmail in any corrective or preventive
action that DNAmail deems necessary. Failure to cooperate with such corrective
or preventive measures is a violation of DNAmail policy and DNAmail reserves the
right to take any such action even though such action may affect other customers
of the DNAmail customer.
21. ACTIONS TAKEN BY DNAmail. The failure by a customer to meet
or follow any of the Terms and Conditions is grounds for account deactivation. DNA
Mail will be the sole arbiter as to what constitutes a violation of the Terms and
Conditions. DNAmail reserves the right to remove any account without prior notice
and to refuse service to anyone at any time. When DNAmail becomes aware of an alleged
violation of its Terms and Conditions, DNAmail will initiate an investigation.
During the investigation, DNAmail may restrict a customer's access in order to
prevent further potentially unauthorized activity. Depending on the severity of
the violation, DNAmail may, at its sole discretion, restrict, suspend, or terminate
a customer's web hosting account and/or pursue other civil remedies. If such violation
is a criminal offense, DNAmail will notify the appropriate law enforcement authorities
of such violation. An unlisted activity may also be a violation of the Terms and
Conditions if it is illegal, irresponsible, or constitutes disruptive use of the
Internet. DNAmail does not issue credits for outages incurred through service disablement
resulting from Terms and Conditions violations. DNAmail customers agree to indemnify
and hold harmless DNAmail from any claims resulting from the use of our services
that damages them or any other party. The DNAmail service is provided on an as
is, as available basis without warranties of any kind, either express or implied,
including, but not limited to, warranties of merchantability, fitness for a particular
purpose or non-infringement. DNAmail expressly disclaims any representation or
warranty that the DNAmail service will be error-free, secure or uninterrupted.
No oral advice or written information given by DNAmail, its employees, licensors
or the like, will create a warranty; nor may you rely on any such information or
advice. DNAmail and its partners and suppliers will not be liable for any cost
or damage arising either directly or indirectly from any transaction or use of the
service. Violators of the policy are responsible, without limitations, for the cost
of labor to rectify any damage done to the operation of the network and business
operations supported by the network, and to respond to complaints incurred by DNA
Mail.
22. PRIVACY POLICY. DNAmail will treat each Subscriber’s
personal information in accordance with DNAmail’s privacy policy (“Privacy
Policy”) published at
http://www.dnamail.com/terms/PolicyViewer.aspx. Subscriber agrees to the
terms of the Privacy Policy. DNAmail reserves the right to make changes to the
Privacy Policy without notice.
23. WARRANTIES AND LIMITATIONS OF LIABILITY. YOU ACKNOWLEDGE AND
AGREE THAT THE SERVICE AND ANY SOFTWARE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS
IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE
SPECIFICALLY SET FORTH IN THIS AGREEMENT. DNAmail (AND ITS OFFICERS, EMPLOYEES,
PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND
SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY
OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE
OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY DNAmail OR
ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF DNAmail TECHNICAL SUPPORT IS
AT YOUR OWN RISK AND IS NOT WARRANTED. DNAmail DOES NOT WARRANT THAT THE SERVICE
OR ANY SOFTWARE PROVIDED BY DNAmail WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH
OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF
VIRUSES, WORMS, OR THE LIKE. DNAmail SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA,
OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION
OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.
DNAmail MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE,
THE SOFTWARE OR THE INTERNET. DNAmail MAKES NO WARRANTY REGARDING THE CONTENT AND
INFORMATION ACCESSED BY USING THE SERVICE, THE SOFTWARE OR ANY LINKS DISPLAYED.
YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE, THE SOFTWARE
AND THE INTERNET GENERALLY. YOU AGREE NOT TO USE THE SERVICE OR THE SOFTWARE IN
ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT,
OR BUSINESS MAY RESULT IF AN ERROR OCCURS. IN NO EVENT SHALL DNAmail (OR ITS OFFICERS,
EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS
OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR
INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE
OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE
OR THE SOFTWARE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION,
INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR
STRICT LIABILITY, EVEN IF DNAmail HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM
OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. ALL LIMITATIONS AND
DISCLAIMERS STATED IN THIS SECTION 20 ALSO APPLY TO DNAmail’S THIRD PARTY
LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH DNAmail (AND ITS OFFICERS,
EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), DNAmail’S THIRD PARTY LICENSORS,
PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE. THE REMEDIES EXPRESSLY SET
FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL
RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. DNAmail RESERVES
THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING
TO YOUR USE OR MISUSE OF THE SERVICE OR THE SOFTWARE OR FOR YOUR BREACH OF THE AGREEMENT
(INCLUDING ANY POLICIES RELATING TO THE SERVICE.)
24. INDEMNIFICATION. You agree to defend, indemnify and hold harmless
DNAmail from and against all liabilities, costs and expenses, including reasonable
attorney’s fees, related to or arising from: (a) any violation of applicable
laws, regulations or this Agreement by you (or any parties who use your account,
with or without your permission, to access the Service); (b) the use of the Service,
the Software or the Internet or the placement or transmission of any message, information,
software or other materials on the Internet by you (or any parties who use your
account, with or without your permission, to access the Service); (c) negligent
acts, errors, or omissions by you (or any parties who use your account, with or
without your permission, to access the Service); (d) injuries to or death of any
person and for damages to or loss of any property, which may in any way arise out
of or result from or in connection with this Agreement, except to the extent that
such liabilities arise from the active negligence or willful misconduct of the other
party; or (e) claims for infringement of any intellectual property rights arising
from the use of the Service, Software, or the Internet.
25. REVISIONS. DNAmail may revise the terms and conditions of
this Agreement from time to time (including any of the policies which may be applicable
to usage of the Service) by posting such revisions to our website at
http://www.dnamail.com/terms/. Subscribers agree to visit this page and
the links thereon periodically to be aware of and review any such revisions. Increases
to the periodic price of the Service shall be effective beginning with the first
full prepayment period following posting. Revisions to any other terms and conditions
shall be effective upon posting. By continuing to use the Service after revisions
are in effect, a Subscriber accepts and agrees to the revisions and to abide by
them. Any Subscriber who does not agree to the revision(s) must terminate their
Service immediately.
26. ASSIGNMENT. You agree not to assign or otherwise transfer,
this Agreement in whole or in part, including the Software or your rights or obligations
under it. Any attempt to do so shall be void. DNAmail may assign all or any part
of this Agreement without notice and you agree to make all subsequent payments as
directed.
27. CHOICE OF LAW. You and DNAmail agree that the substantive
laws of the State of California, without reference to its principles of conflicts
of laws, will be applied to govern, construe and enforce all of the rights and duties
of the parties arising from or relating in any way to the subject matter of this
Agreement. YOU AND DNAmail CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND
VENUE IN A COURT LOCATED IN LOS ANGELES COUNTY, CALIFORNIA FOR ANY SUITS OR CAUSES
OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF
THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including
California laws relating to consumer transactions, any cause of action or claim
you may have with respect to the Service must be commenced within one (1) year after
the claim or cause of action arises or such claim or cause of action is barred.
28. COMPLIANCE. DNAmail’s failure at any time to insist
upon strict compliance with any of the provisions of this Agreement in any instance
shall not be construed to be a waiver of such terms in the future. If any provision
of this Agreement is determined to be invalid, illegal or unenforceable, the validity,
legality, and enforceability of the remaining provisions shall not in any way be
affected or impaired thereby, and the unenforceable portion shall be construed as
nearly as possible to reflect the original intentions of the parties.
29. THINGS BEYOND DNAmail'S CONTROL. DNAmail will not be liable
for delays, damages or failures in performance due to causes beyond its reasonable
control, including, but not limited to, acts of a governmental body, acts of God,
acts of third parties, fires, floods, strikes or other labor-related disputes, of
other things we do not control, or an inability to obtain necessary equipment or
services.
30. ENTIRE AGREEMENT. This Agreement, including all policies posted
on DNAmail’s website, which are fully incorporated into this Agreement by
reference, constitutes the entire agreement between you and DNAmail with respect
to the subject matter hereto and supersedes any and all prior or contemporaneous
agreements whether written or oral. Any changes by you to this Agreement, or any
additional or different terms in your purchase orders, acknowledgements or other
documents, written or electronic, are void.
31. NOTICE. Notices by DNAmail to you shall be deemed given: (a)
when sent to your DNAmail email address, (b) when deposited in the United States
mail addressed to you at the address you have specified in your account options
or (c) when hand delivered to your home, as applicable.
32. SURVIVAL. All obligations of the parties under this Agreement,
which, by their nature, would continue beyond the termination, cancellation or expiration
of this Agreement, including without limitation, those provisions relating to Warranties
and Limitation of Liability and Indemnification, shall survive such termination,
cancellation or expiration.