8. YOUR ADDITIONAL OBLIGATIONS AND WARRANTIES
8.1 You acknowledge that only you may use your account and you agree and warrant that you shall not permit anyone else to use your account or authorize any third party to access your account on your behalf. You are responsible for all activity that takes place with respect to your account, and you agree that in the event mail.com believes or has reason to believe, in its sole discretion, that you have breached this Agreement or any of the warranties in this Section 8, mail.com may, without prior notice to you and in mail.com's sole and exclusive discretion, suspend the provision of the mail.com Services and/or terminate this Agreement, without any liability of any kind. As more completely set forth in Sections 6, 7 and 10, you waive any and all claims you may have, now and forever, against mail.com relating to any action taken in under this Section 8.1, and agree to indemnify and hold harmless mail.com from and against any claims brought by third parties as a result of your Data or your use of the mail.com Services.
8.2 When you complete a registration for Premium Services with us, you will be required to provide certain personal information. You agree and warrant that such personal information will be true, accurate and complete, and that you will update this personal information promptly when it changes. You further agree to notify mail.com within fifteen days of a change to any contact information in the case you are not able to make the change yourself. Contact information includes your full legal name, postal address, e-mail address and telephone number. If you provide any personal information that is false or inaccurate, not current, or incomplete, or if we suspect that your personal information is false or inaccurate, not current, or incomplete, we may, in our sole discretion, limit or terminate the use of your account including Premium Services.
8.3 You agree and warrant that you shall not send mass unsolicited or unwanted electronic mail solicitations; that you shall not use your e-mail address for impermissible or abusive news group postings or excessive or repeated off-topic or commercial postings; that you will not send any form of junk mail; and that you shall not engage in any other form of spamming, spoofing, phishing, or mail bombing. mail.com reserves the right to block mail from any source, including outgoing mail from or ingoing mail to your account, which mail.com believes, in its sole discretion, is being used to send such unsolicited e-mail. While mail.com continues to actively review and implement new technology to ensure that its customers neither send nor receive unsolicited e-mail, there is no currently available technology that will totally prevent the sending and receiving of unsolicited e-mail.
8.4 You agree and warrant that your use of the mail.com Services and mail.com’s Equipment, and all sales, distributions, advertisement, or promotion by any and all means, of any type(s) of Content including, but not limited to, executable files (such as .EXE), digitized audio/visual files (such as MP3), or copies of copyrighted works (such as .ZIP), goods, including, but not limited to, videotapes and CD-ROM products, and any type of services by you, which are advertised and/or promoted by, or are in any other way directly or indirectly associated with your use of the mail.com Services or mail.com Equipment, shall at all times comply with your warranties under this Section 8, as well as all applicable Laws, including but not limited to CAN-SPAM. With respect to any advertising content you may transmit through the Services, you agree and warrant that all such advertising content shall comply with all Laws, and shall not result in consumer fraud, product liability, or damage of any kind to any third party.
8.5 You agree and warrant that all of your Data and any matter you store on or allow to be transmitted by mail.com’s Equipment shall be solely for business, entertainment, and/or educational purposes and that you shall assume the sole responsibility and duty to ensure that all such Data shall be transmitted exclusively to consenting adults and only to places in which such materials comply with contemporary community standards. You shall be liable for any and all damages, harm, or losses caused by your Data.
8.6 You agree and warrant that all of your Data and any matter you store on or allow to be transmitted by mail.com’s Equipment shall not violate any Laws concerning obscenity and shall not contain or link to any pornography, or depictions of bestiality, incest, rape, sexual assault, actual physical violence, torture or disfigurement, or other content deemed objectionable by mail.com, in its sole discretion. You agree and warrant that you will not use the mail.com Services to transmit messages which: display, contain or link to any harmful matter or indecent materials or communications which are available to, or accessible by, minors; display or contain any material that consists of pornography, child pornography, or other obscene content, including but not limited to content involving or by a performer who is portrayed or made to appear as a person under the age of eighteen years of age or which could otherwise result in harm to minors, all as determined in mail.com’s sole discretion. You agree and warrant that you will neither store on nor allow to be transmitted by mail.com’s Equipment any data or other matter which constitutes, contains, or links to child pornography or which involves depictions of sexuality by an age-inappropriate-looking performer (i.e. someone who looks younger than eighteen years of age, regardless of their actual age) or by a performer who is portrayed or made to appear as a person under the age of eighteen years of age by virtue of the advertising, script, make-up, demeanor, costuming, setting, etc., or which could otherwise result from or cause harm to minors.
8.7 You agree and warrant that you shall not damage, disable, overburden, or impair the mail.com Services or misuse them in any way; use scripts, robots, web crawlers, or similar type of programs or applications; interfere with anyone else’s use or enjoyment of the mail.com Services; or interfere with, defame, or abuse mail.com or its officers, employees, or agents.
8.8 You affirmatively represent, agree and warrant that you have and at all times shall have all necessary intellectual property rights, including, but not limited to, all copyrights, trademark and service mark rights and rights of publicity, both in the United States and throughout the world, to reproduce and disseminate, via the Internet, all data which you store or otherwise promote, advertise, disseminate and/or distribute to anyone by your direct or indirect use of the mail.com Services or mail.com’s Equipment, and that your Data and the use or distribution of your Data does not infringe the intellectual property rights of others, including, but not limited to, copyrights, trademark and service mark rights, patent rights and rights of publicity, both in the United States and throughout the world. You agree that in the event that mail.com is informed by any party that You are using the mail.com Services to transmit messages which infringe the copyright of any party, or violate the right of publicity or privacy of any party, or consist of any other claim or violation of intellectual property rights of any kind, then mail.com may, without prior notice to you and in mail.com's sole and exclusive discretion, suspend the provision of the mail.com Services and/or terminate this Agreement, without any liability of any kind to mail.com from either you or any third party. As more completely set forth in Sections 6, 7 and 10, you waive any and all claims you may have, now and forever, against mail.com relating to any action taken in response to the claim that you have infringed the intellectual property rights of a third party, and agree to indemnify and hold harmless mail.com from and against any such claims.
8.9 You agree and warrant that your Data shall not constitute or contain or link to material: which is libelous, slanderous, or defamatory; which violates the right of publicity or privacy of any party; or which will violate or infringe upon or will otherwise give rise to any adverse claim with respect to any common law or other right of any person or other entity, including, without limitation, privacy rights and all other personal and proprietary rights.
8.10 You agree and warrant that your Data shall not contain or link to any material which is offensive, harmful, violent, threatening, abusive or hateful, in mail.com’s sole discretion.
8.11 You agree and warrant that any and all material(s) of every kind which you store or transmit using the mail.com Services or mail.com Equipment shall at all times be free from any and all damaging software defects, including, but not limited to, software "viruses", "worms", "Trojan Horses," and other source code anomalies, which may cause software or hardware disruption or failure, reduced computer operating speed, or compromise any security system. You agree that you will not attempt to access the mail.com Equipment or web site or another person's web site without authorization, or use the mail.com Services to carry out, or assist in the carrying out of, any "denial of service" attacks on any other website or internet service.
8.12 You agree and warrant that you shall not engage in any false, deceptive or fraudulent activities in association with your use of the mail.com Services or the mail.com Equipment.
8.13 You agree and warrant that you shall not resell or redistribute the mail.com Services or any part thereof, including but not limited to your mail.com e-mail address or Cloud account, or use any unauthorized means to modify or reroute the mail.com Services (or to attempt same).
8.14 You agree and warrant that all applicable taxes have been paid or will be paid in full by you when due regarding all businesses and employees associated with your use of the mail.com Services and that no taxing authorities shall have any claim against mail.com or any persons affiliated therewith for the payment of such taxes.
8.15 You represent and warrant that you are over thirteen years of age and are fully competent to enter into this Agreement.
8.16 You represent and warrant that you are not a national or resident of Burma/Myanmar, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, and Syria or any other country subject to U.S. Treasury Department embargo restrictions, and that you are not listed in the "Entity List" or "Denied Persons List" maintained by the US Department of Commerce or the list of "Specially Designated Nationals and Blocked Persons" maintained by the US Department of Treasury. You further acknowledge that you are not a national or resident of a country whose name is otherwise omitted from the registration form for mail.com Services. Residents of countries which are serviced by a mail.com affiliate are required to contract with those mail.com affiliates, and you represent and warrant that you are not a resident of one of those countries.
8.17 You agree to abide by United States and other applicable export control laws and not to transfer or permit the transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to your mail.com account any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
8.18 You agree not to use your account for the storage of files other than in the course of normal e-mail usage or as provided otherwise in the specifications for your Services.
8.19 mail.com may, in its sole discretion, upon suspension of your account, request ID or other identity verification documentation in order to allow the continued use of your account. mail.com will not retain a copy of this documentation but will notate your account with the information provided. mail.com reserves the right to place your account under a new suspension if the activity, or new activity prohibited in the preceding sections, which caused the initial suspension is resumed.