GrassfireMail.org Terms of Service

GrassfireMail.org is offered through ZoEmail, LLC. All users must abide by the Terms and Conditions below.

Welcome to ZoEmail. ZoEmail provides its service to you subject to the following Terms of Service, which may be updated by us from time to time without notice to you. When using the ZoEmail services (the "ZoEmail Service"), you agree to the terms and conditions listed on this page (the "Terms of Service"). If you do not agree to these Terms of Service, please do not use the ZoEmail Service and do not register for membership. If at any time after activation of your account for ZoEmail Services, you do not agree to be bound by the Terms of Service, you should immediately end your use of ZoEmail.

General Terms of Service

ZoEmail clearly supports the free exchange of information and ideas over the Internet. Likewise, ZoEmail expects that our subscribers and users will act legally and responsibly. ZoEmail reserves the right, but does not bear the responsibility , to prohibit or delete any conduct, communication, or content that ZoEmail in its sole discretion determines to be unlawful or harmful to others.

By using the ZoEmail Service, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply with these Terms of Service at any time, ZoEmail reserves the right to terminate your access to the ZoEmail Service. ZoEmail may discontinue or alter any aspect of the ZoEmail Service, including, but not limited to, (i) restricting the time the ZoEmail Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the ZoEmail Service, at ZoEmail's sole discretion and without prior notice or liability.

In order to permit ZoEmail to protect the quality of its products and services, you hereby consent to ZoEmail employees being able to access your account and information on a case-by-case basis to investigate complaints or other allegations or abuse. ZoEmail shall not disclose the existence or occurrence of such an investigation unless required by law.

While using the Services, you agree to comply with all applicable laws, rules and regulations. You agree to respond in a timely manner to any complaints. Nothing contained in this Agreement shall limit in any way the actions or remedies available to ZoEmail with respect to any prohibited activity or conduct.

Services Provided

ZoEmail provides email services to its subscribers that are low-cost and feature rich. Additional features may be added in the future. New or enhanced features will be subject to the then-current version of this Agreement.

Not now, but in the future, ZoEmail may permit third parties, to market their services (such information, "Third Party Content" or "Advertising"), from time to time, throughout the Companies web properties. In the cases that third parties may market their services, your personally identifiable information will not be transferred to the advertiser.

ZoEmail may broadcast notices or messages through the service to inform Subscribers of changes to this Agreement, the service, or other matters of importance; such broadcasts shall constitute notice to the Subscribers.

Third parties may, from time to time, contract with ZoEmail to provide ZoEmail technology to their subscribers. Users of ZoEmail through third party subscriptions agree to abide by the ZoEmail Terms of Service in addition to any terms and conditions imposed by, or any agreements (implied or stated) with, the third party.

ZoEmail may establish limits and restrictions on the Services, including without limitation, the maximum disk space that will be allotted on your behalf, the maximum number of days that messages will be retained, the maximum number of messages that may be sent or received, the maximum size of a message that may be sent or received, and the maximum duration for which you may access the Services in a given period of time. You acknowledge that ZoEmail reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that ZoEmail reserves the right to change these limits and restrictions at any time, in its sole discretion, with or without notice.

ZoEmail MAKES NO WARRANTIES CONCERNING, AND ASSUMES NO RESPONSIBILITY FOR, THE TIMELINESS OF DELIVERY, MISDELIVERY, DELETION, CORRUPTION, OR FAILURE TO DELIVER OR STORE ANY EMAIL MESSAGE(S) THAT YOU MAY SEND OR RECEIVE USING THE SERVICES, OR FOR ACCESS TO OR INTEGRATION OF EMAIL OR ACCOUNTS FROM THIRD PARTY SERVICE PROVIDERS, OR FOR ANY LOSSES THAT YOU MAY INCUR THEREBY.

Content and Materials

You acknowledge that the ZoEmail Service contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights. All Content is copyrighted as a collective work under the U.S. copyright laws, and ZoEmail owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The ZoEmail name and logo are trademarks of ZoEmail. All other trademarks appearing on the ZoEmail Service are trademarks of their respective owners..

By registering to become a member, you represent and warrant that either (i) you are at least 18 years of age or older, or (ii) you are at least 13 years of age or older, AND you have obtained consent from your parent or legal guardian to register with us, access the Site and use the Services. If you are younger than 13 years of age, you may not register or use the Services.

As part of the registration process, you will be asked to select a username and password. We may refuse to grant you or continue to service a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion.

You will be responsible for the confidentiality and use of your username and password, and agree not to transfer or resell your use of or access to the Services to any third party. If you have reason to believe that your account with us is no longer secure, you must immediately change your password by visiting http://www.zoemail.net and immediately notifying us of the problem by emailing us at support.team@zoemail.net. You are entirely responsible for maintaining the confidentiality of your USERNAME and password and for any and all activities (INCLUDING PURCHASES, AS APPLICABLE) that ARE CONDUCTED using your username.

As part of the registration process and use of the Services, you will be asked to pay a subscription fee and submit certain information to ZoEmail or a third party service provider, including, without limitation, payment information. You understand that any such information will be treated by ZoEmail in the manner described in our Privacy Policy. You agree that all information that you provide to ZoEmail or such third party provider will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes.

We reserve the right, without prior notification, to refuse your registration. Verification of information may be required prior to ZoEmail's acceptance of any payment. The price of any Service is subject to change on seven (7) days notice by posting any such change on the Site. Current rates for Services can be found at http://www.zoemail.com.

By registering for the Service, you agree to pay the fees designated for the Service level you select in accordance with our Pricing and Payment Terms. Subject to your right to terminate the Service according to the ZoEmail Satisfaction Guarantee you agree to pay the applicable amounts for the minimum period specified therein. Your subscription will continue automatically at the fee rate applicable to the Service, which you have selected unless terminated by ZoEmail or until you notify ZoEmail of your decision to cancel your subscription to the Service. Upon the expiration of the initial period if any, your subscription will automatically renew on an annual basis at the same annual rate, as applicable, unless you elect to terminate the Service or enroll in another version of the Service.

Creating a Profile

If you elect to establish a password-protected profile on ZoEmail --- which is required only if you want to subscribe to the ZoEmail Service or take advantage of such other services as may be offered --- you agree to provide true, accurate, current and complete information about yourself as prompted by the ZoEmail Service's registration form (such information being the "Registration Data") and maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or if ZoEmail has reasonable grounds to suspect that such is the case, ZoEmail has the right to suspend or terminate your account and refuse any and all current or future use of the ZoEmail Service (or any portion thereof).

ZoEmail's Privacy Policy

Security of your personal information

Zoemail is committed to protecting your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure. The personal information you provide is stored on computer systems with limited access that are located in controlled facilities. Any confidential information, such as credit card number, that is transmitted over the internet is protected through the use of encryption such as the Secure Socket Layer (SSL) Protocol.

We do not sell, rent or trade any personally identifiable information you provide when using ZoEmail.net. We collect adequate information about you (such as your name or email address) when you subscribe to ZoEmail in order to provide the subscription service to you. You provide an email address as part of subscription process to ZoEmail. We will not send an email to you unless you specifically request an email response to a customer service inquiry or contact is required in order to protect someone's safety or to enforce our Terms of Service. We may place a small text file -- called a "cookie" -- on your computer that allows us to identify your web browser. We use cookies to improve the quality of our service, and store your preferences and settings. Importantly, a cookie does not allow us to obtain any personally identifiable information unless you have specifically provided such information as part of personalizing ZoEmail.

If ZoEmail is ever sold or all or substantially all of the assets relating to ZoEmail are transferred to another entity, we will transfer the information you have provided to the acquiring entity in order to ensure continuity of your personalized service. We recognize and welcome our obligation to comply with the law and this policy is subject to that obligation. We will, therefore, disclose personally identifiable information in response to a request from law enforcement officials or as otherwise required by law, or if we believe it is necessary to protect someone's safety, or enforce our Terms of Service. If we decide to materially change this privacy policy, we will prominently post those changes on this page.

If you have any questions about this statement, feel free to contact us at privacy.policy@zoemail.net

Anti-Spam Policy

ZoEmail is excited to support every one of our subscribers and we recognize your interest in private, secure, safe email services under your personal control. We encourage you to use our service, and share your experience enthusiastically with others. And please abide by the ZoEmail Terms of Service and ZoEmail's prohibition on spamming and unethical marketing activities.

Using or attempting to use the ZoEmail Services to transmit any unsolicited commercial email or unsolicited bulk email is prohibited. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are likewise prohibited.

The following are some examples of use that may violate the Terms of Service and ZoEmail's Anti-spam Policy:

• Using or causing to be used ZoEmail computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, "junk mail," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation that may uploaded, posted, emailed, transmitted, or otherwise made available.
• Manipulating or forging the identity of the sender or other identification changes, such as email headers, to disguise the origin of any content transmitted to or through ZoEmail computer systems.
• Relaying email from third party mail servers without the permission of that third party and ZoEmail.
• Using automation "robots" or otherwise harvesting email addresses from the ZoEmail sites for purposes of sending unsolicited or unauthorized material.
• Multiple uploading, posting, emailing, or transmitting of the same message or URL or a similar message with the same intent.
• Disrupting normal messaging activity through the use of the ZoEmail computer systems, or otherwise negatively affecting other's ability to engage in real-time exchanges.

Certain ZoEmail services may have additional spam guidelines explaining appropriate conduct for those services. Those additional policies are incorporated by reference into the ZoEmail Spam Policy. It is the user's responsibility to check each property's guidelines for additional details regarding spam.

Violations of our Terms of Service or this Universal Spam Policy may result in legal action against you and the termination, without notice, of your ZoEmail ID and/or anything associated with it, including, but not limited to email accounts. Nothing in this policy is intended to grant any right to transmit email to or through ZoEmail computer systems. ZoEmail does not waive any rights by the failure to enforce this policy in every instance in which it might apply.

Using or attempting to use the ZoEmail Services to transmit any unsolicited commercial email or unsolicited bulk email is prohibited. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are likewise prohibited.

Email Guidelines

ZoEmail reserves the right to prohibit the distribution or publication of any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services that has not been approved by ZoEmail in writing in advance of distribution.

You agree to not use the ZoEmail Service (including ZoEmail's email services or bulletin boards) to:

• harm minors in any way;
• upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• impersonate any person or entity, including, but not limited to, ZoEmail personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
• upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• interfere with or disrupt the ZoEmail Service or servers or networks connected to the ZoEmail Service, or disobey any requirements, procedures, policies or regulations of networks connected to the ZoEmail Service;
• intentionally or unintentionally violate any applicable local, state, national or international law
• "stalk" or otherwise harass another member or user of the ZoEmail Service; or collect or store personal data about other users or members.

System

You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you post, email or otherwise transmit via the ZoEmail Service. ZoEmail does not control all of the Content posted via the ZoEmail Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the ZoEmail Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ZoEmail be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the ZoEmail Service.

It is our policy to respect the privacy of all users. Therefore, in addition to our Privacy Policy, we will not monitor, edit, or disclose the contents of a user or member e-mail unless required in the course of normal maintenance of the ZoEmail Service and its systems or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on ZoEmail; (2) protect and defend the rights or property of ZoEmail; or (3) act in an emergency to protect the personal safety of our users or the public.

All communications on ZoEmail are public and not private communications. Although ZoEmail reserves the right to remove without notice any posting for any reason, we have no obligation to delete content that you may find objectionable or offensive. By submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

ZoEmail reserves the right to monitor some, all, or no areas of the ZoEmail Service for adherence to these or other rules that may be published from time to time. ZoEmail may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, ZoEmail, in its sole discretion, may terminate your membership or participation in any Forum for any reason.

Submissions

If at our request you send content, or creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of ZoEmail. None of the Submissions shall be subject to any obligation of confidence on the part of ZoEmail, and ZoEmail shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, ZoEmail shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

Disclaimers

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

THE ZOEMAIL SERVICE IS OWNED AND PRODUCED BY ZOEMAIL LLC. AND ITS SUBSIDIARY AND AFFILIATE CORPORATIONS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY REFERRED TO HEREIN AS "ZOEMAIL").

THE ZOEMAIL SERVICE IS PROVIDED 'AS IS' AND YOU USE IT AT YOUR SOLE RISK. ZOEMAIL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

WITHOUT LIMITATION, ZOEMAIL MAKES NO WARRANTY THAT THE ZOEMAIL SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE ZOEMAIL SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE ZOEMAIL SERVICE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ZOEMAIL SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM ZOEMAIL PERSONNEL OR THROUGH THE ZOEMAIL SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZOEMAIL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ZOEMAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE ZOEMAIL SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ZOEMAIL SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ZOEMAIL SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE ZOEMAIL SERVICE. IN NO EVENT SHALL ZOEMAIL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ZOEMAIL, ITS PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY ZOEMAIL OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

Termination and Modification

You agree that ZoEmail, in its sole discretion, may terminate your password, account (or any part thereof) or use of the ZoEmail Service, and remove and discard any Content within the ZoEmail Service, for any reason, including, without limitation, for lack of use or if ZoEmail believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Further, you agree that ZoEmail shall not be liable to you or any third-party for any termination of your access to the ZoEmail Service. We reserve the right, at our discretion, to change, add, or remove portions of these Terms of Service at any time. Please check back at this webpage periodically for changes. Your continued use of ZoEmail following the posting of changes to these terms (including our Community Guidelines) will mean you accept those changes.

Governing Law and Other Miscellaneous Terms

Unless expressly stated to the contrary elsewhere, all legal issues arising from or related to the use of the ZoEmail Service shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of New York applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms of Service or your use of the ZoEmail Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York and judgment on the arbitration award may be entered into in any state or federal court in New York having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in New York having jurisdiction thereof. The state and federal courts of New York shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms of Service. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and ZoEmail relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. The Terms of Service will inure to the benefit of ZoEmail's successors, assigns and licensees.

Copyright and Copyright Notices

ZoEmail respects the intellectual property of others, and we ask our users to do the same. ZoEmail may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ZoEmail's Copyright Agent the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please contact ZoEmail's Copyright Agent for Notice of claims of copyright infringement as follows: