1. ACCEPTANCE OF TERMS
2. DESCRIPTION OF SERVICE
We provide a dedicated e-mail service for which the e-mails can be accessible by a "Webmail" mechanism or any other mean that we may choose to put at your disposal from time to time (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for us to provide the Service.
You understand and agree that the Service is provided "AS-IS" and AS AVAILABLE basis. We disclaim all responsibility and liability for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. We also reserve the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you .You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. ABILITY TO REGISTER
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract according to the laws of the Grand Duchy of Luxembourg and are not a person barred from receiving services under the laws of Luxembourg or other applicable jurisdiction.
4. PRIVACY AND PERSONNAL INFORMATION / DATA
Registration Data and certain other information when you use the Service are subject to protection of Data Privacy. You understand and agree that in its current form the Service does not offer any particular security measure in order to guarantee your privacy beyond what can be expected from similar services. It is your sole and entire responsibility to backup the content of the Service and we cannot be held liable for any loss of data incurred.
5. REGISTRATION, ACCOUNT, PASSWORD AND SECURITY
The Service is accessible using login and password upon prior registration. You are responsible for maintaining their confidentiality and for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted to you or by you using the Service, are the sole responsibility of the person from whom such Content originated. This means that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service.
We do not control the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You acknowledge that we may or may not pre-screen Content, but that we and our designees shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
7. USE OF THE SERVICE
In using the Service, you agree not to:
upload, post, email, transmit or otherwise make available 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;
harm minors in any way;
impersonate any person or entity, 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, transmit or otherwise make available any Content that you do not have a right to make available 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, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
upload, post, email, transmit or otherwise make available 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 Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, including any rules of any national or other securities exchange, or any regulations having the force of law;
You acknowledge, consent and agree that we may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOS; respond to claims that any Content violates the rights of third parties; respond to your requests for customer service; or protect the rights, property or personal safety us, our users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by us and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Luxembourg or the country in which you reside.
9. ACCOUNT INACTIVITY
After a period of inactivity, we reserve the right to disable or terminate a user's account.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. In such a case, we will provide you with written notice of such claim, suit or action.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that we may establish limits concerning use of the Service, including without limitation the maximum number of days that email messages or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You further acknowledge that we reserve the right to modify these general practices and limits from time to time.
12. MODIFICATIONS TO THE SERVICE
we reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that we may, under certain circumstances and without prior notice, immediately terminate your Mail account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to:
Breaches or violations of the TOS or other incorporated agreements or guidelines,
requests by law enforcement or other government agencies,
a request by you (self-initiated account deletions),
discontinuance or material modification to the Service (or any part thereof),
unexpected technical or security issues or problems,
extended periods of inactivity,
engagement by you in fraudulent or illegal activities, and/or nonpayment of any fees owed by you in connection with the Services.
You understand and agree that Termination of your account includes removal of access to all offerings within the Service including any e-mail that you may have stored in your mail or webmail account, deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and barring of further use of the Service. Further, you agree that all terminations for cause shall be made at our sole discretion and that we shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. PAYING SERVICE
This section 16 applies in all situations in which you are charged directly by us. If you pay a company other than us for any other service, then the charges and billing terms are as stated by the other company. Even if you do not pay for such a service, you may still incur charges incidental to using the service; for example, charges for Internet access, mobile text messaging, or other data transmission.
You must be authorized to use the payment method entered for an upgrade to the Service. You authorize us to charge you for the service using your payment method and for any paid feature of the service for which you choose to sign-up or use while this contract is in force. You agree that you may have to pay service charges in advance. Unless otherwise provided by law, all charges are non-refundable unless stated otherwise and the costs of any returns will be at your expense.
17. NO COMMERCIAL USE OF THE SERVICE.
The Service is provided for your personal use only. You agree not to use the Service for commercial purposes and you agree not to resell, distribute, transfer, share or otherwise use the Services or any portion of the Services, including any coupons or credits related to same for any commercial purposes whatsoever.
Should you use the Service in conjunction with a professional activity or commercial project, you agree to hold us harmless of any consequence that unsupported use may have had thereof.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE 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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
We may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
20. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers.
21. GENERAL INFORMATION
The TOS and The Terms constitute the entire agreement between you and us and governs your use of the Service, superseding any prior agreements between you and us with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content or third-party software.
Choice of Law and Forum
The TOS and the relationship between you and us shall be governed by the laws of the State of Luxembourg without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts of Luxembourg City.
Waiver and Severability of Terms
The failure of us to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.