Under the terms of and subject to the restrictions in this Agreement, ShuttleCloud will provide the ShuttleCloud electronic mail migration tool as further described at http://customer.comcast.com/help-and-support/internet/about-easychange/ (the “Product”) to User during the term of this Agreement. User may use and access the Product in connection with the migration of User’s electronic mail account. User’s rights to use the Product are non-exclusive and non-transferable. User may use the Product only for User’s own benefit, and not for the benefit of any other third party. ShuttleCloud may from time to time modify the Product and add, change, or delete features of the Product in its sole discretion. User’s continued use of the Product after any such changes to the Product constitutes User’s acceptance of these changes. ShuttleCloud may, in its sole discretion, at any time terminate the Product. The Product may be used and accessed solely for User’s personal purposes. User acknowledges and agrees that ShuttleCloud may migrate certain associated electronic mail data, such as labels/folders, read/unread status etc., but the actual associated data that is migrated (if any) will vary based on User’s electronic mail application provider. ShuttleCloud makes no representation or warranty as to the types or amounts of such associated data that will be migrated (if any). Client acknowledges the migration of data, including but not limited to electronic mail, contacts and calendar information is inherently risky, and is subject to delay and in some events, full or partial failure. ShuttleCloud makes no representations or warranties with respect to the quality of any migrated data or any other services provided by the Product. User acknowledges and agrees that factors including, but not limited to, User’s electronic mail hosting company network environment, servers, data corruption, telecommunications failures and third-party hardware or software failures may prevent a successful migration. User is strongly advised to backup all electronic mail data prior to commencing migration using the Product.
User acknowledges and agrees that User is solely responsible for: (a) all use of the Product by User and any other party utilizing User’s electronic mail account, with or without authorization; (b) maintaining the confidentiality of User’s electronic mail account and password; and (c) ensuring that User’s use of the Product and User’s electronic mail account complies with all applicable Federal, state, and local privacy and data security rules, regulations and laws. User further acknowledges and agrees that ShuttleCloudhas no control over and shall not be responsible for any changes by User’s electronic mail application provider to such electronic mail application including, without limitation, such changes which may affect the Product, and User shall indemnify and hold ShuttleCloudharmless with respect to any losses, damages, or claims arising therefrom, pursuant to Section 10 below. Use and performance of the Product are dependent on access to User’s systems and third-party systems, including User’s electronic mail application provider. User acknowledges that such third party may change or amend its guidelines and ShuttleCloud’s access to it at any time. Any unavailability or suspension or termination of ShuttleCloud’s access to User’s systems or a third party’s systems will change the availability and/or delivery time of the Product.