User's Manual

11. Email Services

You agree that Danger may establish limits concerning use of any services, including email services offered by

Danger, including without limitation, the maximum number of days that e-mail messages will be retained by the

Service, the maximum number of e-mail messages that may be sent from or received by an account on the Ser-

vice, the maximum size of an e-mail message that may be sent from or received by an account on the Service,

the maximum disk space that will be allotted on Danger’s servers on your behalf, and the maximum number of

times and duration you may access the Service in a given period of time.

You agree that Danger has no responsibility or liability for the deletion, corruption or failure to store any mes-

sages or other content maintained or transmitted by the Service. You acknowledge that Danger reserves the

right to delete accounts without notice to you that are inactive for an extended period of time.

12. Indemnity

You agree to defend, indemnify, and hold harmless Danger, its of cers, directors, employees and agents, from

and against any claims, actions or demands, including without limitation reasonable legal and accounting fees,

made by any third party due to or resulting from Your use of the Service or Device, or Your violation of this

Agreement.

13. Termination

You agree that Danger, in its sole discretion, may terminate your account at any time for any reason, including,

without limitation, if Danger believes that you have (a) violated or acted inconsistently with this Agreement,

(b) engaged in behavior that Danger believes is illegal, fraudulent, harassing or abusive, (c) violated Danger’s

rights or those of another party, (d) engaged in conduct that Danger believes to be harmful to other users, to the

Service or the business interests of Danger, or (d) failed to pay any fees or charges due in connection with your

use of the Service. Danger may also in its sole discretion and at any time modify the Service or discontinue

providing the Service, or any part thereof, with or without notice. You agree that any termination of your access

to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and

agree that, upon termination, Danger may immediately deactivate or delete your account and all related infor-

mation, emails,  les and other data in your account and/or bar any further access to such  les or the Service.

Further, you agree that Danger shall not be liable to you for any termination of your access to the Service or for

any modi cation or suspension of the Service.

14. NO WARRANTIES

THE SERVICE AND DEVICE ARE PROVIDED BY DANGER ON AN “AS IS” BASIS. DANGER MAKES NO

REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION

OF THE DEVICE OR SERVICE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED

IN THE SERVICE OR ACCESSED THROUGH YOUR USE OF THE DEVICE, INCLUDING THE ACCURACY,

TIMELINESS OR COMPLETENESS OF THE INFORMATION PROVIDED THROUGH THE SERVICE. TO THE

MAXIMUM EXTENT PERMITTED BY LAW, DANGER MAKES NO WARRANTIES, EXPRESS OR IMPLIED,

WITH RESPECT TO THE SOFTWARE, THE DEVICE, OR THE SERVICE, INCLUDING WITHOUT LIMITATION

ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET

ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THOSE ARISING FROM A COURSE

OF DEALING OR USAGE OF TRADE.

FURTHER, DANGER DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL MEET YOUR

REQUIREMENTS, THAT THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE,

THAT DEFECTS WILL BE CORRECTED, THAT ANY CONTENT OR INFORMATION CONTAINED IN THE

Notices