This agreement represents the complete agreement and understanding between bestmail.ws and the Customer and supersedes any other written or oral agreement. Upon notice published on its Website, bestmail.ws may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered. Under the terms of this agreement, your placement of information on bestmail.ws's servers is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions contained herein. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on bestmail.ws's servers. 1. USER CONDUCT bestmail.ws's services may only be according to the law. Any use of these services which violates any local, state, federal, or international laws which may apply to bestmail.ws, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. While using the service, you may not: A. Restrict or inhibit any other user from using the Internet; B. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws; C. Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component; Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material) 2. INDEMNIFICATION You agree to indemnify, defend, and hold harmless bestmail.ws from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, bestmail.ws, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Website content. 3. REFUSAL OR DISCONTINUANCE OF SERVICE bestmail.ws reserves the right to refuse or discontinue service to anyone at bestmail.ws's sole discretion. bestmail.ws may deny you access to all or part of the service without notice if you engage in any conduct or activities that bestmail.ws, in its sole discretion, believes violates any of the terms and conditions in this agreement. bestmail.ws shall have no responsibility to notify any third-party providers of services, merchandise or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. 4. NO WARRANTIES bestmail.ws makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by bestmail.ws or its agents or employees shall create a warranty. bestmail.ws provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall bestmail.ws be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Webspace, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with bestmail.ws service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service. You understand that by placing information on bestmail.ws's servers that such information becomes available to all Internet users and that bestmail.ws has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of bestmail.ws's servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through bestmail.ws or on the Internet generally. 5. ECPA NOTICE You agree that bestmail.ws is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded. 6. IDENTIFICATION INFORMATION You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply bestmail.ws with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use. 7. NO INTERFERENCE WITH OPERATION OF SYSTEM You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to. You agree to adhere to system policies as published online by bestmail.ws, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at bestmail.ws. You agree to abide by any and all future bestmail.ws policy decisions. 8. SECURITY You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify bestmail.ws immediately in writing by registered mail, with return receipt, to bestmail.ws, 210 North Tucker Blvd, Suite 910, St.Louis, Missouri 63101, USA. You shall be held fully responsible for any misuse or compromise of your account for which bestmail.ws is not properly notified. You agree not to provide or share access to your account to any third party, and that you are responsible for any use of your account by any party to whom such access has been provided. You agree that certain features of your account (e.g., FrontPage webs, additional FTP logins) which may be used to provide shared access to your account are not to be used to resell services to third parties, and that you are responsible for the actions of any party which utilizes those features. You agree that if any security violations are believed to have occurred in association with your account, bestmail.ws has the right to suspend access to the account pending an investigation and resolution. You also agree that bestmail.ws has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. 9. BACKUP OF DATA Your use of the service is at your sole risk. bestmail.ws is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on bestmail.ws servers. 10. TRANSMITTAL OF MATERIALS You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of bestmail.ws or any other service with reference to services obtained through bestmail.ws, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning, and you will be held fully responsible for any damages to you, bestmail.ws, or any other party or parties resulting from any such conduct. 11. PAYMENT You agree to supply appropriate payment for the services received from bestmail.ws, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is completed. You agree that until and unless you notify bestmail.ws of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that if you are paying by credit card, prepayments will be billed and charged automatically, and that bestmail.ws may apply the amount due to the provided card at any time. 12. PRIOR AGREEMENTS This agreement supersedes any written, electronic, or oral communication you may have had with bestmail.ws or any agent or representative thereof, and constitutes the complete and total agreement between the parties. 13. SEVERABILITY If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable. 14. APPLICABLE LAW, JURISDICTION, AND SERVICE This agreement shall be governed by the applicable laws of Missouri and the United States of America. Customer agrees that all services provided by bestmail.ws shall be deemed to have been requested and provided in the city of Saint Louis, Missouri. Customer further agrees that the Court of the city of Saint Louis, Missouri, shall have personal jurisdiction over Customer and exclusive subject matter jurisdiction over any and all controversies or claims arising from or relating to this agreement or the services provided by bestmail.ws. Customer agrees to accept service of process related to this agreement by ordinary mail, postage prepaid, to the most recent address provided by Customer. 15. TRIAL PERIODS bestmail.ws does not offer trial periods of any of our services. 16. REFUNDS Once a service has been bought, we cannot offer refunds. 17. YOUR RESPONSIBILITY bestmail.ws does not take any responsibility or liability for anything you, or people you have given access to your service, delete, modify or add to your service(s). You are also liable for the people and goings on inside your service, bestmail.ws does not take any responsibility for any of this. 18. FAULTS, DOWNTIME AND ERRORS The user accepts that there may be problems with our services. Consequently the User accepts that there may be small periods of downtimes related to the services and/or Web Site, in which the user cannot access these. The User accepts that in such cases of downtime, they will have no claim of breach of contract. 19. UNLIMITED BANDWITH Generally unlimited bandwith means that you won't have any restrictions in terms of upload/download amount. How ever, if we see a high usage of those ressources and there for creating an unfair ratio for other customers, bestmail.ws keeps it's rights to slow down your connection speed or disable your service temporarily to ensure that no 3rd person got access to your service and abuses them. 20. ACKNOWLEDGEMENT By buying, placing and continuing to maintain or place information on bestmail.ws's services, you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand they.