MAILINGWEB
SERVICE AGREEMENT
Acknowledgment and acceptance of Terms of Service
This MailingWeb service is provided to you under the terms and conditions of this Terms
of Service (TOS) Agreement. The TOS comprises the entire agreement between the Member and
MailingWeb. By completing the sign-up process and clicking the button, you are indicating
your agreement to be bound by all of the terms and conditions of the TOS.
Description of Service
MailingWeb is providing the Member with a capability to send and receive electronic mail via
the World Wide Web, view news services and any other services that may be added at a
future date at the discretion of MailingWeb. The Member is responsible for providing all
equipment, including a computer and modem, necessary to establish a connection to the
World Wide Web; and must provide for own access to the World Wide Web and pay any
telephone service fees associated with such access. The Member agrees to: (1) provide
certain current, complete, and accurate information about the Member as prompted to do so
by the Service and (2) maintain and update this information as required to keep it
current, complete and accurate. All information requested on original sign up shall be
referred to as registration details.
Furthermore, the Member grants MailingWeb the right to disclose generic
user information to third parties. Under no circumstances will such disclosures
include the Member's name, mailing address, email address, account and phone
number or any other personally identifiable information,
unless: (1) the Member expressly directs MailingWeb, or any other person the Member may
specifically designate to disclose such information through the Service as provided by the
Service or (2) MailingWeb is required to disclose such information by any applicable law or
legal process served upon it. If any information provided by the Member is incomplete or
inaccurate, MailingWeb retains the right to terminate the Member's Membership and rights to
use the Service.
Modifications to Service
MailingWeb may change the TOS from time to time. Upon any change in the
TOS, MailingWeb will
notify the Member by posting the changes as a start-up screen prior to your subsequent use
of the Service. If you agree to be bound by the changes, you must again click the "I
Agree" button that will follow the posted changes. If you do not click the "I Agree"
button, MailingWeb may terminate your use of the Service at that time. The Member's
continued use of the Service constitutes an affirmative: (1) acknowledgment by the Member
of the TOS and its modifications; and (2) agreement by the Member to abide and be bound by
the TOS and its modifications.
MailingWeb reserves the right to modify or discontinue the Service with or without notice to
the Member. MailingWeb shall not be liable to the Member or any third party should
MailingWeb exercise its right to modify or discontinue the Service.
Privacy Policy
It is MailingWeb's policy to respect the privacy of its the Members. Therefore, in addition
to the privacy of registration data as discussed in Section 2 above, MailingWeb
will not
monitor, edit, or disclose the contents of a the Member's private communications unless
required to do so by law or in the good faith belief that such action is necessary to: (1)
conform to the edicts of the law or comply with legal process served on MailingWeb; (2)
protect and defend the rights or property of MailingWeb; or (3) act under exigent
circumstances to protect the personal safety of its Members or the public.
The Member acknowledges and agrees that MailingWeb neither endorses the contents of any
the Member communications nor assumes responsibility for any threatening,
libellous,
obscene, harassing or offensive material contained therein, any infringement of third
party intellectual property rights arising therefrom or any crime facilitated thereby.
The Member acknowledges and agrees that certain technical processing of email messages
and their content may be required to: (1) send and receive messages; (2) conform to
connecting networks' technical requirements; (3) conform to the limitations of the
Service; or (4) conform to other similar requirements.
The Member Account, Password and Security
Once you become a the Member of the Service, you shall receive a password and an account.
You are entirely responsible if you do not maintain the confidentiality of your password
and account. Furthermore, you are entirely responsible for any and all activities that
occur under your account. The Member agrees to immediately notify MailingWeb
of any
unauthorised use of the Member's account or any other breach of security known to the
Member.
Disclaimer of Warranties
The Member expressly agrees that use of the Service is at the Member's sole risk. The
Service is provided on an "as is" and "as available" basis.
MailingWeb 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.
MailingWeb makes no warranty that the service will
meet the Member's requirements, or that the service will be uninterrupted, timely, secure,
or error free; nor does MailingWeb make any warranty as to the accuracy or reliability of
any information obtained through the Service or that defects in the software will be
corrected.
The Member understands and agrees that any material and/or data downloaded or otherwise
obtained through the use of the Service is done at the Member's own discretion and risk
and that the Member will be solely responsible for any damage to the Member's computer
system or loss of data that results from the download of such material and/or data.
MailingWeb makes no warranty regarding any goods or
services purchased or obtained through the Service of any transactions entered into
through the Service.
No advice or information, whether oral or written, obtained by the Member from
MailingWeb or through the Service shall create any warranty not expressly made herein. Some
jurisdictions do not allow the exclusion of certain warranties, so some of the above
exclusions may not apply to you.
Limitation of Liability
MailingWeb shall not be liable for any direct, indirect, incidental, special or
consequential damages, resulting from the use or the inability to use the Service or for
cost of procurement of substitute goods and services or resulting from any goods or
services purchased or obtained or messages received or transactions entered into through
the Service or resulting from unauthorised access to or alteration of the Member's
transmissions or data, including but not limited to, damages for loss of profits, use,
data or other intangible, even if MailingWeb has been advised of the possibility of such
damages. Some jurisdictions do not allow the limitation or exclusion of liability for
incidental or consequential damages so some of the above limitations may not apply to you.
No Resale or Commercial use of the service
The Member agrees not to resell the Service.
Email Message Storage
MailingWeb assumes no responsibility for the deletion or failure to store email messages.
MailingWeb has a published upper limit on the size of message storage it will maintain for
the Member.
Other Limitations
MailingWeb retains the right, at MailingWeb's sole discretion, to determine whether or not the
Member's conduct is consistent with the letter and spirit of the TOS and may terminate the
Service if the Member's conduct is found to be inconsistent with the TOS.
The Member Conduct
The Member is solely responsible for the contents of his or her transmissions through the
Service. The Member's use of the Service is subject to all applicable local, state,
national and international laws and regulations. The Member agrees: (1) to comply with
Australian law regarding the transmission of technical data exported from Australia
through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere
or disrupt networks connected to the Service; and (4) to comply with all regulations,
policies and procedures of networks connected to the Service. The Service makes use of the
Internet to send and receive certain messages; therefore, the Member's conduct is subject
to Internet regulations, policies and procedures. The Member will not use the Service or
any mailbox on the Service for chain letters, unsolicited e-mail (junk mail), any use of
electronic mailing to any person who has not given specific
permission to be included in such a process. the Member agrees not to transmit through the
Service any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene
or otherwise objectionable material of any kind or nature. The Member further agrees not
to transmit any material that encourages conduct that could constitute a criminal
offence,
give rise to civil liability or otherwise violate any applicable local, state, national or
international law or regulation. Attempts to gain unauthorised access to other computer
systems are prohibited. The Member shall not interfere with another Member's use and
enjoyment of the Service or another entity's use and enjoyment of similar services.
MailingWeb may, at its sole discretion, immediately terminate the Service should the Member's
conduct fail to conform with the TOS.
Indemnification
The Member agrees to indemnify and hold MailingWeb, its parents, subsidiaries, affiliates,
officers and employees, harmless from any claim or demand, including reasonable legal
fees, made by any third party due to or arising out of the Member's use of the Service,
the violation of this TOS by the Member, or the infringement by the Member, or other user
of the Service using the Member's computer, of any intellectual property or other right of
any person or entity.
Termination
MailingWeb offers free e-mail services to all registered users as long as
MailingWeb maintains the service. MailingWeb reserves the right to terminate the Service &/or an
individual username (associated with the Member) with or without cause at anytime and
effective immediately. MailingWeb shall not be liable to the Member or any third party for
termination of Service. Should the Member object to any terms and conditions of the TOS or
any subsequent modifications thereto or become dissatisfied with the Service in any way,
the Member's only recourse is to immediately: (1) discontinue use of the Service; (2)
terminate Service the Membership; and (3) notify MailingWeb of termination. Upon termination
of the Service, the Member's right to use the Service and Software immediately ceases. The
Member shall have no right and MailingWeb will have no obligation thereafter to forward any
unread or unsent messages to the Member or any third party.
Notice
All notices to a party shall be in writing and shall be made either via email or
conventional mail. MailingWeb may broadcast notices or messages through the Service to
inform the Member of changes to the TOS, the Service, or other matters of importance; such
broadcasts shall constitute notice to the Member.
Participation in Promotions of Advertisers
The Member may enter into correspondence with or participate in promotions of the
Advertisers showing their products on the Service. Any such correspondence or promotions,
including the delivery of and the payment for goods and services, and any other terms,
conditions, warranties or representations associated with such correspondence or
promotions, are solely between the corresponding the Member and the Advertiser.
MailingWeb assumes no liability, obligation or responsibility for any part of any such correspondence
or promotion.
Advertisements and Sponsorship
MailingWeb reserves the right to accept Sponsorship and place Banner Advertising at any
location (web page) within the Service and may vary it's placement and volume at it's sole
discretion.
Proprietary Rights to Content
The Member acknowledges that content, including but not limited to text, software, music,
sound, photographs, video, graphics or other material contained in either sponsor
advertisements or email-distributed, commercially produced information presented to the
Member by the Service; by MailingWeb or MailingWeb's Advertisers, is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws; therefore, the
Member is only permitted to use this Content as expressly authorised by the Service or the
Advertiser. the Member may not copy, reproduce, distribute, or create derivative works
from this Content without expressly being authorised to do so by MailingWeb
or the
Advertiser.
Laws
The TOS shall be governed by and construed in accordance with the laws of the state of New
South Wales, Australia. The Member and MailingWeb agree to submit to the exclusive
jurisdiction of the courts of the state of New South Wales. If any
provision(s) of the TOS
is held by a court of competent jurisdiction to be contrary to law, then such
provision(s)
shall be construed, as nearly as possible, to reflect the intentions of the parties with
the other provisions remaining in full force and effect. MailingWeb's failure to exercise or
enforce any right or provision of the TOS shall not constitute a waiver of such right or
provision unless acknowledged and agreed to by MailingWeb in writing. the Member and
MailingWeb agree that any cause of action arising out of or related to this Service must
commence within one (1) year after the cause of action arose; otherwise, such cause of
action is permanently barred. The section titles in the TOS are solely used for the
convenience of the parties and have no legal or contractual significance.
SPECIAL CONDITIONS FOR PAID EMAIL SERVICES
Payment
Email fees are payable by Paypal or credit card before service is activated.
Paypal bills in US dollars however credit card payments are billed the equivalent amount in Australian dollars.
Prices stated in other currencies are intended only as a guide. Due to
currency fluctuations, equivalent prices in other currencies may vary
without notice.
Renewal - Payment by Paypal
Email renewal fees are automatically billed each year by Paypal.
Renewal - Payment by Credit Card
Email renewal fees are automatically billed each year by our Auto-Renewal Service.
We will continue to bill each account without fail on a yearly basis unless cancelled
by the Member beforehand. Auto-Renewal is not optional at
MailingWeb - to cancel Auto-Renewal, you must cancel your account.
One month prior to the Account Expiry Date,
MailingWeb will charge the credit card we hold on file for each
account. If the credit card is charged successfully, an
email Invoice will be
sent to the billing contact confirming payment. If the credit card is declined, an
email Renewal Notice will be
sent to the billing contact requesting payment. We will try to process the card
3 times before an account is cancelled. If
the account expires and payment
is not received during our "grace" period, the account
will be deleted. Members should click
here if they need to update the card held on file for their account.
Cancellation Procedure - Payment by Paypal
We are unable to cancel Paypal Subscriptions so customers who have paid by this method will need to cancel at Paypal.
Cancelling a Paypal Subscription will also cancel the relevant MailingWeb account immediately.
Cancellation Procedure - Payment by Credit Card
Cancellation of Service requires a minimum of 1 month's notice. To prevent continued
Auto-Renewal in future years, Members who no longer need their accounts or have the relevant
domain name must give notice immediately by submitting the form at:
http://www.mailingweb.com/mail/cancel.shtml.
For security reasons, cancellation requests cannot be accepted by email and submission of the
above form is the only cancellation method that will be accepted under any circumstances,
otherwise renewal and billing will continue each year automatically.
Cancellation
requests must be received more than 1 month prior to the Account Expiry
Date to prevent Auto-Renewal. Once our Auto-Renewal Service renews an account, renewal fees are NOT REFUNDABLE because we will have already
paid our upstream provider for the next year of service.
Other Cancellation Terms
MailingWeb reserves the right to cancel service of an account at any
time without notice and without a refund, in the event that:
1) The account violates our posted policy.
2) Payment for any web service is not received when due.
The contents of a cancelled email account may be deleted at any time subsequent
to account termination. Files for cancelled accounts are removed
from the server immediately and are NOT usually retrievable.
An account terminated due to policy violation involving
unsolicited bulk email (spam), will be charged a US$100 service fee.
Refund
Email and Upgrade Fees are non-refundable.
Account Reactivation
Cancelled accounts cannot be reactivated. If an account was cancelled by request or due to delinquent payment,
the Member can set up a new account by placing a new order. A new account will not
be accepted where the original account was cancelled due to a policy violation.
Changes on Accounts
MailingWeb is unable to provide telephone
support because we are a discount service. Our sole contact with Members
is by email, therefore Members shall keep their email address up to date
in our system at all times. Members shall notify MailingWeb of any change in credit card information and/or billing
information whenever such change occurs. We
have many different types of accounts each with different features and disk
space allocations. These accounts are on different pricing structures
with our upstream provider and on different servers so we regret that
they are not transferable, however they can be upgraded in our Upgrade
Center.
Indemnification/Disclaimer
Information in the MailingWeb web site may contain technical
inaccuracies or typographical errors. Changes to the MailingWeb web
site may be made periodically. Every good faith effort will be made to
keep the web site content accurate and up to date. MailingWeb
reserves the right to make improvements and/or change our web site at any
time without notice.
USE OF THE MAILINGWEB EMAIL
SERVICE IS AT THE MEMBER'S SOLE RISK. MAILINGWEB SERVICES ARE
PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. Neither MailingWeb,
its employees, affiliates, third party services, merchant licensors or the
like, warrant that MailingWeb email service will not be
interrupted or error free. MailingWeb will make every good faith
effort to ensure that its web servers are available to as many Internet
users as possible and that there is minimal interruption of service as
possible
Under no circumstance will MailingWeb,
its partners, its employees, or its affiliates be liable for any claims,
any action either direct, indirect, special, incidental, or consequential,
or any damages either punitive or alleged to have resulted, including loss
of profits, from the use of or inability to use MailingWeb service,
from service interruptions, from member errors or problems with their
Internet connectivity, from the Member's equipment or available
technology, from unauthorized access to MailingWeb servers, from
communication failure, from bandwidth congestion or interruptions, or from
acts of God.
The Member also agrees to indemnify and
hold MailingWeb harmless against any liabilities arising out of
defective products sold to customers from MailingWeb servers,
personal injury or property damage caused by products or services sold or
distributed from MailingWeb servers, any material that infringes or
allegedly infringes on the rights of a third party available from MailingWeb
servers, and any material that libels or allegedly libels a third party
available from MailingWeb servers.
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