The Secure Mail Service available on the
s-mail.com server (the "Provider") is
provided to you (the "User") exclusively under these Secure Mail Terms of Service.
1. SUBJECT OF THE SERVICE
The
Provider is providing the
User with the capability to send
and receive electronic mail via the World Wide Web on the Provider's servers
(the "Service").
The
User must:
(i) provide all equipment necessary to establish a connection to the World
Wide Web, and
(ii) provide for the
User's own access to the World Wide Web and pay any
telephone or other connection or service fees associated with such access.
Subject to the following terms and conditions, the
Provider hereby
grants the
User a non-exclusive, non-transferable, limited license
to use any software delivered to the
User for using the
Service
solely for such purpose and for the term of this Agreement.
The member agrees to provide certain current, complete, and accurate
information about the
User as prompted to do so by the
Service and
maintain and update such information as is required to keep it current,
complete and accurate. All information provided by the
User shall
be referred to as
User Data ("User Data"). This data can be used by
s-mail.com for statistical purposes only. The
Provider never shares
the
User Data with third parties unless the
Provider is
required to disclose such information by any applicable law, agency or in
the course of legal proceedings.
If any information provided by the
User is inaccurate, the
Provider retains the right to terminate the
User's membership
and the
User's right to use the
Service.
2. USERS OF THE SERVICE
The
Service is provided to individuals who are at least 18 years
old or to minors who have parental consent to open and maintain an account.
3. USER OBLIGATIONS
The
User is solely responsible for the contents of his or her
transmissions through the
Service.
A. Law
The
User agrees to comply with all applicable local, state, national
and international laws and regulations in the
User's use of the
Service.
The
User agrees not to use the
Service for illegal purposes
and not to interfere with or disrupt networks connected to this
Service.
The
User agrees to comply with all requirements, procedures, policies
and regulations of networks connected to the
Service.
The
User agrees not to transmit through the
Service any
unlawful, harassing, libelous, abusive, privacy invading, threatening,
harmful, vulgar, obscene or otherwise objectionable material that encourages
conduct that could constitute a criminal offence or give rise to civil
liability.
B. Commerce
The
User agrees not to resell or offer for resale the
Service (or use of or access to the
Service), without the
express consent of the
Provider.
The
User shall not interfere with another
User's use and
enjoyment of the
Service or another entities use and enjoyment of similar
services.
The
User will not use a false identity for the purpose of
misleading others as to the identity of the sender or the origin of a
message.
C. Spam Liability
The
User agrees not to transmit "junk mail", "spam", "chain letter"
or any other like transmissions. In the event that it is established to the
Provider's satisfaction that a
User has used or is using the
Service for the purposes of transmitting or generating spam,
junk mail, chain letter or any other like transmissions, the
Provider
reserves the right to terminate the
User's account immediately.
4. USER ACCOUNT
The
User will receive an Access Password and an account destination
upon completing the registration process.
The
User is entirely responsible for maintaining the confidentiality
of the Access Password and the account. Furthermore, the
User is entirely
responsible for any and all activities which occur under the
User's
account and agrees to indemnify, defend and hold harmless the
Provider
for any liability or expense arising from such use or misuse.
The
User hereby agrees to immediately notify the
Provider of
any unauthorized use of the
User's account or any other breach of
security known to the
User via e-mail to the
Provider's
Abuse Team.
5. STORAGE OF INFORMATION
The amount of storage space allocated at the
s-mail.com servers per
User
is fixed within the
User's subscription plan and therefore some email messages may not
be processed due to the above said limitations.
The
Provider assumes no responsibility for the deletion of or
failure to store email messages, or for the liabilities of receiving and/or sending email messages.
6. INDEMNIFICATION
The
User agrees to indemnify and hold the
Provider, its
associated companies, directors, officers, shareholders, employees, agents,
and assigns harmless from and against any claims or demands, including
reasonable legal fees made by any person due to, in connection with or
arising out of the
User's violation of any intellectual property or other right of any
person or entity if but not limited to:
1) the
User used and/or uses the
Service illegally; and/or
2) the
User used and/or uses the
Service in violation or infringement of these terms and conditions; and/or
3) some other person or entity used and/or uses the
Service using the
User's computer.
7. LIMITATION OF LIABILITY
The
Provider provides the
Service on "as is" and "as
available" basis. The
User agrees that use of the
Service is
at
User's sole risk.
The
Provider does not warrant or guarantee that the
Service
will meet the
User's requirements or that the
Service will be
uninterrupted, timely, secure or error-free. The
Provider does not
make any warranty as to the results that may be obtained from the use of
the
Service or as to the accuracy or reliability of any
information obtained through the
Service or that defects in the
Service will be corrected.
The
User agrees that any information and data downloaded or
otherwise obtained through the use of the
Service is done at
the
User's own discretion and risk. The
User will be solely
responsible for any damage to the
User's computer system or any
loss of data that results from using the
Service.
The
User hereby agrees that the
Provider shall not be liable
for any loss of use, interruption of business, or any indirect, special,
incidental or consequential damages of any kind (including lost profits)
regardless of the form of action, whether in contract, tort or otherwise
resulting from the use or inability for the
User to use the
Service.
The
User agrees that the
Provider shall not be liable for any
damages, arising from interruption, suspension or termination of the
Service, whether such interruption, suspension or termination
was justified or not, negligent or intentional, inadvertent or advertent.
Notwithstanding and without prejudice to the above, the
Provider's
liability in respect of any successful claim in law or otherwise made by a
User in respect to the
Service shall be limited to the
subscription fees paid by the
User to the
Provider in respect
to the
Service.
8. TERMINATION
Either the
Provider or the
User may terminate the
Service with or without cause at any time and effective immediately.
Termination shall be accompanied by a written notice to the other party.
Should the
User object to any terms and conditions or to these terms
and conditions or any subsequent modifications thereto or become
dissatisfied with the
Service in any way, the
User's only
recourse is to immediately discontinue use of the
Service, terminate service
membership, and notify the
Provider of termination.
9. NOTICE
All notices to a party shall be in writing and shall be made either via
email or conventional mail. The
Provider may broadcast notices or
messages through the
Service to inform the
User of changes to the
terms and conditions of use, the
Service or other matters of importance.
Such broadcast shall constitute a notice to the
User.
10. PROPRIETARY RIGHTS TO CONTENT
The
User acknowledges that the content, presented to the
User
of the
Service by the
Provider or the
Provider's
suppliers, is protected by copyright, trademarks, service marks, patents or
other proprietary rights and laws. The
User is only permitted to use
this content as expressly authorized by the
Provider or the supplier.
The
User may not copy, reproduce, distribute, or create derivative
works from this content without expressly being authorized to do so by the
owner of the relevant intellectual property right(s). Except those expressly
permitted by law, the
User agrees not to disassemble or otherwise
reverse engineer any of the software of the
Service for any
reason, or permit any third party to do so.
11. GOVERNING LAW
The laws of Republic of Ireland shall govern the Secure Mail Terms of
Service and relationship between the
User and the
Provider.
The parties hereby agree that all disputes in connection with or arising
out of the Secure Mail Terms of Service shall be subject to the
jurisdiction of the Irish Courts.
12. MODIFICATION OF THE SECURE MAIL TERMS OF SERVICE
The
Provider reserves the right to change or modify the Secure Mail
Terms of Service, or any part thereof at any time.
The
Provider will notify
Users about such modifications by
posting an updating text of the Secure Mail Terms of Service on this Web
site:
http://www.s-mail.com. These modifications shall be effective
immediately upon notice. Use of the
Service by
User after
such notice shall be deemed to constitute acceptance by
User of
such changes or modifications.
BY CLICKING THE "Registration Form" LINK AND COMPLETING THE REGISTRATION
PROCESS, YOU ARE STATING THAT YOU AGREE TO BE BOUND BY THE SECURE MAIL
TERMS OF SERVICE.
