Thinphone Service Agreement

Thinmail, Inc. ("Thinmail") provides the customer ("you") services under the terms and conditions of this document (TSA).

DESCRIPTION OF SERVICE

o Forwarding of electronic mail to Phone and Fax

In consideration of these services, you will maintain your account information, and prepay the cost of services.

PRICING

Thinmail services are payable in advance using a rechargable "online phonecard"

We may at various times and for various reasons offer PROMOTIONAL consideration in the form of initial funds in your account.

The minimum purchase for services is $3

Use of services will be deducted from your account according to our pricing schedule. Services will not be available to customers with negative balances.

Fax Charge $0.25 per page
Telephone Charge $0.25 per call

TERMINATION

Thinmail may terminate you for violation of the TSA, including failure to pay.

You may terminate service at any time by sending mail to "cancel@thinmail.com"

Upon termination, Thinmail will no longer forward mail for you. Upon termination of account, you will receive a refund check for any funds deposited in your account, less promotional considerations and a $3 handling charge. Refund checks may take up to 30 days to process.

YOUR ACCOUNT

Once you become a Thinmail Customer, you provide a primary email address from which you can send and receive email, and will select a password. You are entirely responsible to maintain the confidentiality of your password, and can change it at any time.

You are entirely responsible for any and all activities which occur under your account. You may change your account data, including password at any time. Thinmail may limit the volume of storage, volume of mail, or size of individual messages in order to make the system work for all customers.

YOUR CONDUCT

THINMAIL may not be used to store and transmit material in circumvention of copyright laws, decency laws, postal fraud laws, export control laws or other laws which might arise to control the flow of information. The use of email-to-fax or email-to-phone for unsolicited commercial offerings is illegal under US Code 47 and state codes. THINMAIL may not be used for Viruses, Chain mail, Spam, hacking, denial of service attacks, and other anti-social or illegal behavior. Thinmail may not be used for harassing, libelous, threatening, vulgar, obscene, or objectionable material. You may not interfere with another customer's use of thinmail.

You represent that the email addresses you provide are your own and do not represent a group for sharing information, and that the other personal information associated with your subscription is valid and up to date.

PRIVACY POLICY

THINMAIL may occasionally mail your primary address information about changes in our services.

It is Thinmail's policy to respect your privacy including your account data. Thinmail will not disclose the contents of your personal account or monitor your email communications unless required to do so by law or in the good faith belief that such action is necessary to:

A. Conform to the edicts of the law or comply with a legal process served on Thinmail.

B. Protect and defend the rights or property of Thinmail or safety of its customers or the public.

You acknowledge and agree that Thinmail neither endorses the contents of any communication nor assumes any responsibility for material transmitted or stored therein, or any infringement of third party copyrights or any crime committed thereby. Customer acknowledges and agrees that certain technical processing of email messages and their content are required to be able to provide Thinmail Service, that Thinmail personnel may process system logs and handle messages during normal system maintenance or customer service requests.

Thinmail collects information on you and your various email accounts in order to provide service. Thinmail will not sell or lease our customer database to any person(s) or business(es). Thinmail may use this database to provide a bulk duplicate removal service for others without revealing individual account data. This database is an asset of the corporation. If under a change in management or ownership the privacy policy is modified, you will be so advised and may request to remove your information prior to transfer.

DISCLAIMERS & INDEMNIFICATION

Once files are deleted by movement into the "trash" folder, THINMAIL has the right to expunge them after 24 hours.

THINMAIL can change it fees and policies at its own discretion and alert you via this web site or by email.

THINMAIL reserves the right to modify or discontinue services without notice.

THINMAIL provides the service "as is" and without any warranty or representation of any kind, express or implied, except as may be mandated by law. THINMAIL to the full extent permitted by law specifically disclaims any implied warranties of merchantability and fitness for a particular purpose, non-infringement, and title. Thinmail does not warrant that use of the service will be uninterrupted, secure or error-free, or that all errors will be corrected. THINMAIL further does not warrant that the information stored or transmitted by the service will be free from unauthorized access, modification, or inexplicable loss.

You acknowledge and agree that the Thinamil Services are not designed, intended, authorized or warranted to be suitable for hosting life-support applications or other critical applications where the failure or potential failure of the service can cause injury, harm, death, or other grave problems, including, without limitation, loss of aircraft control, hospital life-support systems, and delays in getting medical care or other emergency services. You acknowledge and agree that use of the Thinmail Services to support such applications is fully at your own risk and that you assume all risk arising out of such use.

You assume all risk as to the selection, use, performance and quality of the service. In no event will thinmail be liable to you or any third party for any special, indirect, incidental, exemplary, punitive or consequential damages or penalties (including loss of profits, inability to use the thinmail service and/or damages (direct or otherwise) for delay in delivery or failure to give notice of delay), even if thinmail has been advised of the possibility of such damages or penalties. Without limiting the generality of the foregoing, in no event shall THINMAIL's liability for any damages (direct or otherwise) or penalties or loss to you or to any third party, regardless of the form of action or claim, whether in contract, tort, delict, or otherwise, exceed the previous month's bill.

You acknowledge that THINMAIL is not responsible for the contents of any messages, documents or contents thereof transmitted using the thinmail service. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

You agree to indemnify and hold Thinmail, it's parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including attorneys fees, made by any third party due to or arising out of your use of Thinmail to store or forward intellectual property of any person or entity.

You recognize that THINMAIL is a "Beta" version, subject to sudden changes in interfaces, loss of data, and other risks associated with preliminary software. You accept these risks.

GOVERNING LAWS

This TSA shall construed in accordance with the laws of the state of Massachusetts.

You and Thinmail agree to submit to the exclusive jurisdiction of the courts of the state of Massachusetts.

If any provision(s) of the TSA is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

Thinmail's failure to exercise any provision of the TSA shall not constitute a waiver of such rights.