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Netmail is not responsible for unauthorized access or modification of your data while in electronic transmission to or from the Netmail data center. Netmail is not responsible for missing, corrupted or compromised data that results from incorrect transmission or misuse of Netmail Cloud Services. Netmail is not liable for compensation to the Customer for delay of service beyond the remedies outlined in the SLA terms above.
Neither Netmail nor Customer will be liable to each other for any indirect, incidental or consequential damages of any type, including but not limited to any consequential, incidental, indirect or special damages or loss, lost profits or lost data, arising out of or in connection with (a) the agreement or the services, (b) the results or operation of any system resulting from implementation of any recommended plan or design or (c) the loss of use of the software, hardware or any other software or data, including the inability to achieve a particular result, even if one or the other of us have been advised of the possibility of the damage and even if one of the parties asserts or establishes a failure of essential purpose of any limited remedy provided in the agreement. Under no circumstances will Netmail be liable to the Customer or the Customer be liable to Netmail for any amount in excess of the subscription fee for one year. This limitation of liability applies to all types of legal theories, including but not limited to contract, tort, professional liability, product liability, warranty or otherwise.

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