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M5 Subscriber Acceptable Use Policy

Reference to Mach5 in Conjunction with Excluded Services or Offerings

We do not permit use of our trademark on sites that provide excluded services. You agree that you will not link to your Mach5 Subscriber account from any website that provides or advertises excluded services. You also agree that you will not send email embedded with links to our service that contains or advertises excluded services. Excluded services include:

• Gambling, online or offline
• Pornography or erotica
• Hate-group or sites with racial, gender, or ethnic bias
• Email list marketing, including the selling or renting of opt-in email lists
• SPAM or Unsolicited Commercial Email, as defined by MAPS guidelines for determining mail abuse which are considerably more restrictive than the CAN-SPAM legal requirements.

Note that Mach5 and M5 are registered trademarks of Mach5 Enterprises, LLC and are protected by international law. We will aggressively defend use of our trademarks in order to protect our brand and our reputation.

Use of Mach5 name in sending Unsolicited Commercial Email forbidden

You agree not to send e-mail containing links to Mach5 unless the recipient of that email is expecting to receive email from you. We use MAPS guidelines for determining mail abuse and note that these guidelines are much stronger than the CAN-SPAM law that governs sending of commercial email in the United States.

Confirmed and Direct Opt-In REQUIRED

All email you send with links to Mach5's website must be to recipients who confirmed directly with you or through your website their intention to receive emails from you. You may NOT use Mach5 Subscriber links sent to purchased or rented email lists UNDER ANY CIRCUMSTANCES. You may not send Mach5 Subscriber links to purchased or rented lists requesting recipients to confirm their status or sign up to receive email from you.

Use of Mach5 Registered Trademark

Mach5 and M5 are registered trademarks of Mach5 Enterprises, LLC and are protected by international law. If you use our trademark without our permission by publishing it (or our domain name) for non-editorial purposes in an email list in any way not authorized under this agreement or without our express written permission, we will pursue legal action against you.

Respecting Opt-In and Opt-Out Process

You agree to respect a recipient's request to opt-out of mailings you send whether the recipient opts out through the Mach5 Subscriber service or through other means. Failure to apply opt-out preferences delivered by other means into your M5 Subscriber database and subsequent mailing to a recipient who has opted out through other means will constitute a violation of acceptable use.

Bandwidth and Annoyance Abuse and Indemnity

You agree not to use our service to cause it to send unwanted subscription confirmation email to recipients. Mach5 Subscriber does include technology to help prevent such abuse. You agree to indemnify Mach5 Enterprises against claims of abuse initiated by third parties toward other third party victims of annoyance abuse.

Loss of Data and Loss of Service Indemnity

You agree to indemnify and hold harmless Mach5 Enterprises against any loss of data, network, or service outage for any data or Mach5 Subscriber service. We may or may not provide notice of outages, planned or unplanned.

Privacy and Abidance by Laws

You agree to abide by your own privacy policies which may or may not restrict what you may do with data collected through the Mach5 Subscriber service. You agree not to solicit collection of personal information (including name, age, or gender) from minors 13 years of age or under through Mach5 Subscriber directly or indirectly through age-appropriate games, services, or enticements.

In matters pertaining to providing M5 Subscriber service, Mach5 agrees to abide by its own Mach5 Subscriber privacy policy, which is considered part of this usage agreement. Mach5's website has a separate privacy policy, as does our order service order1.net, but the M5 Subscriber policy is more restrictive than either of those.

Jurisdiction

This agreement is governed by the laws of the State of Tennessee in the United States, which shall be the governing jurisdiction for any claims made against or by Mach5 Enterprises, LLC.

Change of Terms

You will be given 30 days notice through email of any changes in the terms of this agreement. Continued use of the service will indicate acceptance of those terms. You agree to cease using the service should you no longer be able to comply with the terms.