TERMS OF USE

Welcome to MarkMail!

By using MarkMail, you agree to be bound by these Terms of Use ("Terms of Use"), including any policies incorporated by reference and any future amendments (collectively, the "Agreement") for this and any other MarkMail Web Site.

Please note that although we may attempt to let you know when substantive changes are made to this Agreement, you should be sure to review the most recent version (at http://markmail.org/docs/terms-of-use.xqy) from time to time. At our sole discretion and at any time, We may choose to revise this Agreement by modifying these Terms of Use and/or the incorporated policies, and you agree to be bound by the revised Agreement.

If you do not agree to be bound by this Agreement, now or in the future, you may not use MarkMail and must immediately terminate your use of any MarkMail Web Site.

1. What is MarkMail?

MarkMail (the "Service") is a mailing list archive and search service, offered by Mark Logic Corporation ("Mark Logic" or "We"), and found variously and severally at the domain www.markmail.org and at domains ending in markmail.org, such as tomcat.markmail.org (collectively, the "MarkMail Web Sites").

2. Provision of Service

You understand and agree that MarkMail is provided to you on an as is and as available basis. You understand that MarkMail is experimental, that its availability may be intermittent, and that its content may be incomplete. Furthermore, We reserve the right, without any notice or liability to you, to change the functionality of the Service or to cease providing the Service at any time. Finally, We reserve the right to refuse service to anyone at our sole discretion.

3. Use of Service

You agree that you are solely responsible for your use of MarkMail, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable laws, including specifically any laws relating to transmission of technical data across national borders.

You understand that much of the content archived and searched by MarkMail is not owned or controlled by MarkMail or Mark Logic, and is the responsibility of the person or people who posted that content. You have read and agree to abide by MarkMail's Content Policy (at http://markmail.org/content-policy.xqy). You understand that the nature of MarkMail is to archive mailing list content without intervention, and that consequently MarkMail may contain offensive, harmful, inaccurate or other inappropriate material, including postings that may be labeled deceptively. We do not review such content, and MarkMail merely provides access to the content as a service to you. Consequently, We expect that you will use common sense and exercise appropriate caution and proper judgment when using the Service.

You agree not to use or access MarkMail for large-scale copying or republishing of archived message content. You are responsible for not violating copyright laws with respect to individual message content.

You agree not to use MarkMail to harvest e-mail addresses forlarge scale unsolicited e-mailing (eg. spamming), whether by you or by others. You agree not to use any e-mail address that you have obtained through MarkMail for malicious purposes. You understand that the Service is based in California, USA, a jurisdiction that has anti-spam laws that may be applied to the fullest extent possible.

You agree not to use MarkMail for any unlawful purpose or for the promotion of dangerous or illegal activities.

We reserve the right, but shall have no obligation, to investigate your use of MarkMail in order to (1) determine whether or not a violation of this Agreement has occurred, (2) comply with any application law, regulation, legal process or governmental request and/or (3) report your activities to the appropriate authorities.

4. Privacy

You understand that We may use cookies and other technologies to enhance your online experience. You understand that we may automatically record detailed and various information about your use of the Service, including but not limited to your requests, your computing environment and your IP address.

You agree that We may monitor your use of MarkMail, and aggregate your usage information (both implicit and explicit) in order to improve the Service for you and/or others. We will make reasonable efforts to keep your personal information private according to the guidelines in the Content Policy, but are free to share aggregated non-personal information with others. However, you agree that We may access or disclose such information if required to do so in order to comply with a legal process or governmental request. You agree to Mark Logic's transmission of such information across national boundaries, including outside of your country, as a part of Service operations.

5. Trademarks

MarkMail, Mark Logic Server, the MarkMail logo and the Mark Logic logo are trademarks of Mark Logic Corporation. Mark Logic is a registered trademark of Mark Logic Corporation. Except as explicitly granted herein, no license or right to use any Mark Logic trademark or service mark is granted to you.

6. Permitted Use of MarkMail Logo

If you wish to allow visitors to a web page that you control to search mailing lists archived by MarkMail and review content archived by MarkMail, you may use the MarkMail logo on your web site according to the guidelines in the FAQ to link your web page to a MarkMail Web Site.

7. Intellectual Property Rights

You acknowledge that Mark Logic owns all right, title and interest in and to the Service, including all intellectual property rights (collectively, the "Rights"). These Rights are protected by US and international intellectual property laws.

You agree not to copy, reproduce, alter, modify or create derivative works from the Service, in whole or in part. You agree not to attempt to reverse-engineer software or algorithms underlying the Service.

Notwithstanding the terms of the Privacy Section above, You grant Mark Logic an irrevocable, worldwide, non-exclusive, royalty-free license to use, aggregate and display information based on or derived from your usage information (both implicit and explicit). Furthermore, you grant Mark Logic an irrevocable, worldwide, non-exclusive, royalty-free license to use, integrate, further develop and otherwise improve the Service on the basis of any suggestions, bug reports, or discussions that you directly or indirectly submit to us, discuss with us or post on public forums.

Nonetheless, We claim no ownership or control over the majority of the message content archived by the Service. Notifications of alleged infringements should be provided to Mark Logic as described in the Content Policy.

8. No Resale

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose the Service, in whole or in part. Furthermore, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose (1) use of the Service or (2) access to the Service.

9. Limited Warranty and Disclaimer of Warranties

Mark Logic makes no warranties, whether express, implied, or statutory regarding or relating to the Service. MARK LOGIC HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE SERVICE. MARK LOGIC DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE, PERFORM IN AN UNINTERRUPTED MANNER, OR THAT MARK LOGIC WILL CORRECT ANY ERRORS.

10. Limitation of Liability

Mark Logic disclaims all responsibility and liability for the availability, functionality, security and/or reliability of the Service. IN NO EVENT WILL MARK LOGIC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, STATUTORY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE OR DATA, DAMAGE TO SYSTEMS OR EQUIPMENT, BUSINESS INTERRUPTION OR COST OF COVER) IN CONNECTION WITH OR ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR ARISING OUT OF ANY CONTENT POSTED ON THE SERVICE, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, EVEN IF MARK LOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Indemnification

You agree to hold harmless and indemnify Mark Logic, its subsidiaries, afilliates, officers, agents, successors and assignees, from and against any action, suit or proceeding arising in any way from or related to your use of the Service, including any and all costs related to the prosecution, defense or settlement of such action. Mark Logic will provide you with written notice of any such action, suit or proceeding.

12. Statute of Limitations

You agree that notwithstanding any statute or law to the contrary, any claim or cause of action arising from or related to the use of this Service or this Agreement must be filed within one (1) year after such claim or cause of action arises or be forever barred.

13. Termination

We may, in our sole discretion and for any reason, terminate this Agreement. Sections 3-12 and 14-16 shall survive termination.

14. Entire Agreement

This Agreement constitutes the entire agreement with respect to your access and use of the Service. You agree that the failure of Mark Logic to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision.

If any provision of this Agreement is found to be invalid, unlawful or unenforceable to any extent, then that provision shall be severed from the remaining provisions, which shall continue to be valid and enforceable to the fullest extent permitted by law.

15. Choice of Law and Forum

This Agreement shall be interpreted and construed in accordance with the laws of the State of California and the United States of America, without regard to conflict of law principles or your actual state or country of residence. Any claims, legal proceeding or litigation in connection with the provision or use of this Service shall be brought solely before the State Courts located in San Mateo County, California or the United States District Court for the Northern District of California and any courts of appeal therefrom, and you consent to the jurisdiction of said courts.

16. Content Policies

Separate from these terms, MarkMail documents its Content policy and Removal policy for your reference and convenience.

17. Copyright and Intellectual Property Notice

© 2007-2010 Mark Logic Corporation. MARKMAIL is a trademark and MARK LOGIC is a registered trademark and service mark of Mark Logic Corporation. Patented and patent pending technology. All rights reserved.