agree that this Agreement applies with equal force and effect to your use of the Messag-

ing Service.

(a) You are solely responsible for the contents of your transmissions through
the Messaging Service. Your use of the Messaging Service is subject to all applicable lo-
cal, state, national and international laws and regulations.

(b) You agree: (1) to comply with US law regarding the transmission of tech-
nical data exported from the United States through the Messaging Service; (2) not to use
the Messaging Service for unlawful or wrongful purposes, including, but not limited to,
distributing material that (i) is copyrighted (except to the extent expressly permitted by
the copyright owner), (ii) is obscene, libelous, harassing or discriminatory, (iii) is pro-
tected by trade secret, (iv) is an invasion of the privacy of a third party; (v) creates a clear
and present danger, or (vi) advocates unlawful conduct; (3) not to interfere or disrupt
networks connected to the Messaging Service; and (4) to comply with all regulations,
policies and procedures of networks connected to the Messaging Service.

(c) You agree not to use the Messaging Service for chain letters, junk mail,
spamming or any use of distribution lists to any person who has not given specific per-
mission to be included in such a process.

11.2 Modifications To Messaging Service. 3Com reserves the right to modify or dis-
continue the Messaging Service with or without notice. 3Com shall not be liable to you
or any third party should 3Com exercise its right to modify or discontinue the Messag-
ing Service. You agree that 3Com has no obligation to monitor or regulate the transmis-
sions sent by you. 3Com will endeavor to keep your messages private, viewable only by
you and the person to whom you address it. However, systems operators may need to
look at your messages if 3Com believes it is necessary to protect itself or others from in-
jury or damage; for example, if 3Com has reason to believe you are involved in illegal
activities which could lead the authorities to seize or search its system. 3Com reserves
the right to the appropriate action if it becomes aware of any use of the Messaging Ser-
vice which 3Com believes violates any law or is otherwise wrongful, including immedi-
ately terminating your access to the Messaging Service, but 3Com will not monitor
messages unless it believes the Messaging Service is being misused.

11.3 No Resale Or Commercial Use Of The Service. Your right to use the Messag-
ing Service is personal to you. You agree not to resell the use of the Messaging Service,
without the express written consent of 3Com.

11.4 Indemnification. Since you are responsible for your transmissions and their
consequences, you agree to indemnify and hold 3Com, its parents, subsidiaries, affili-
ates, officers and employees, harmless from and against any claim or demand, includ-
ing reasonable attorneys' fees, made by any third party resulting from or arising out of
your use of the Messaging Service (or the Messaging Service by persons using your
password), your violation of this Agreement, or the infringement by you, or other user
of the Messaging Service using your computer or password, of any intellectual property
or other right of any person or entity.

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