Acceptable Use Policy
Version 1.5 - August 2008
The following is the mail2web.com (“We”, “Our”, “Us”, “mail2web.com”)
Acceptable Use Policy (the “AUP”). The AUP defines
the terms and conditions that you (“You”, “Your” or “Customer”)
agree to when You use Our website (the “Site”), as
an anonymous user (“Anonymous Services”), register for customized
services (the “Customized Services”) and/or subscribe
for premium services (the “Premium Services”) with
mail2web.com. Where applicable, Customized Services and Premium Services
are referred to collectively as (the “Services”). Please
read these terms and conditions carefully before using the Services.
BY CONTINUING TO USE THE SERVICES, YOU ARE CONSENTING TO BE BOUND
BY THE AUP, AND ALL RELATED POLICIES AND GUIDELINES OF MAIL2WEB.COM,
IF ANY, AS INDICATED IN THIS AUP ARE INCORPORATED BY REFERENCE.
mail2web.com reserves the exclusive right to revise, change or amend
any portion of the AUP, or any other policies or guidelines governing
the Services, at any time, in its sole discretion and without advance
notice to You. You agree to comply with all policies regarding permitted
and prohibited uses of the Services that may be posted by mail2web.com
on the Site. Any changes will be effective upon posting of the revisions
on the Site. Your use of the Services will be subject to the most current
version of the AUP posted on the Site at the time of such use. You may
view the most current version of this policy at (http://mail2web.com/about-us/aup.aspx). YOUR
CONTINUED USE OF THE SERVICES FOLLOWING OUR POSTING OF ANY CHANGES WILL
CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO
NOT AGREE TO ANY CHANGES TO THE AUP, PLEASE IMMEDIATELY DISCONTINUE USE
OF THE SERVICES.
At the sole discretion of mail2web.com, if You are in violation of the
AUP, We may permanently prevent You from using the Services and/or, if
appropriate, You may be subject to a civil action and/or criminal prosecution.
In this AUP, capitalized terms shall have the meanings set out in this
“Anonymous Services” means all services offered by mail2web.com
that require no registration, such as the free email retrieval service offered
from the mail2web.com homepage (www.mail2web.com).
“AUP” means this acceptable use policy and the terms and
conditions contained herein in respect of use of the Services, as the
same may be amended or replaced from time to time in accordance with the provisions
of this AUP;
“Charges” means the relevant and appropriate fees
and charges payable by You for using any of the Premium Services as outlined
in the registration process and that appear on the Site at http://mail2web.com,
as the same may be amended from time to time in accordance with the provisions
of this AUP;
“Claims” means any claim, demand, liability, damage,
loss, suit, action, or cause of action and all related costs and expenses,
including legal fees, if any;
“Content” includes information made available, displayed
or transmitted in connection with the Services including but not limited
to all trade-marks, domain names, contents of any bulletin boards or
chat rooms or forums, information made available by means of an HTML “hyper
link”, a third party posting or similar means and all updates,
upgrades, modifications and other versions of any of the foregoing;
“Customized Services” means all non-paid services
that require You to register for by providing personal information, subject
to this AUP, provided to You by mail2web.com, including, but not limited
to; personalized home page, media and blog services, email hosting services,
email subscriptions and more. These services are intended for persons
eighteen (18) years of age or older;
“Initial Term” means the initial term during which
You receive Premium Services from mail2web.com, as specified in the registration
process when You register and subscribe for Premium Services with mail2web.com,
such term to be no less than one (1) month;
“Premium Services” means all paid services (one-time
or reoccurring), including but not limited to; mail2web Exchange Email,
dial-up and wireless broadband services, subject to this AUP, provided
to You by mail2web.com. These services are intended for persons eighteen
(18) years of age or older;
“Services” means all collective services (anonymous,
customized and premium), subject to this AUP, provided to You by mail2web.com;
“Spam” means unsolicited e-mails, including without
limitation, commercial advertising and informational announcements; and
“Spamming” means sending spam.
“Term” means any additional term subsequent to the
Initial Term, including any renewal term(s).
The provisions contained in this AUP are intended to be guidelines for
You as it relates to acceptable behaviour and conduct in connection
with Your use of the Services. THESE PROVISIONS ARE NOT MEANT TO BE
EXHAUSTIVE. In general, any conduct that violates any laws, regulations,
or any of the generally accepted norms of the Internet community, whether
or not expressly mentioned in this AUP, is prohibited. mail2web.com
reserves the exclusive right, at any and all times, to prohibit any
of Your activities, in connection with Your use of the Services, that
in any way damage the commercial reputation and goodwill of mail2web.com.
Unless otherwise specified, words importing the singular include the
plural and vice versa and words importing gender include all genders.
3. SYSTEM AND NETWORK SECURITY
In connection with Your use of the Services, You are strictly prohibited
from engaging in the following activities:
- tampering with accounts of other users, or committing unauthorized
intrusions into any part of the mail2web.com system or related systems;
- using servers, files, accounts, or networks to intrude, without authorization,
into any other system or systems;
- using accounts not provided or intended for use by You or circumventing
security provisions in order to access Services without incurring Charges;
- using the mail2web.com system in a manner that unfairly, as determined
in the sole and absolute discretion of mail2web.com, encumbers disk
space, processors, network or other system resources beyond those provided
to You as part of the Services purchased;
- making deliberate attempts to interfere with or overload any other
service or attempt to disable a host;
- any network-based attack on local and/or foreign networks, hosts,
servers, or any systems or applications, including without limitation,
overloading, engaging in “denial of service” attacks, “crashing” or “mail-bombing”,
in which case mail2web.com will promptly notify the appropriate law
enforcement authorities of such violation(s); and
- utilizing the Services in any other manner so as to interrupt or
interfere with the access to and/or usage of the Internet by another
- In connection with Your use of the Services, You are strictly prohibited
from engaging in the following activities:
- i. sending commercial e-mail to a recipient if such recipient has
requested that You discontinue such communication;
- ii. transmitting e-mail, to non-consenting recipients, that is
unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, pornographic, libelous, invasive of another’s privacy,
hateful, or racially, ethnically or otherwise objectionable, including
but not limited to any e-mail that encourages conduct that would
constitute a criminal offence, violate the laws of others or otherwise
violates any applicable local, provincial, national or international
- iii. knowingly transmitting e-mail that contains malware or any
type of software viruses or any other computer code, files or programs
designed to interrupt, destroy, alter or limit the functionality
of any computer software or hardware;
- forging e-mail header information in any way;
- v. using Your account with mail2web.com to collect e-mail replies
of messages sent from any other Internet service provider that is
in violation of this AUP or those of the originating service provider;
- using another site’s mail server to relay Your e-mail without
the expression permission of that other site; and
- using the SMTP gateway provided by mail2web.com for any purpose
that is deemed, in the sole and absolute discretion of mail2web.com,
to constitute resource abuse.
- b. We do not monitor or log Your use of the Service and we do not
store or save any e-mails, documents, attachments or passwords transmitted
through the Service after you log off from the application, or the
session has timed out. All of Your e-mail retrieved, read, sent and
otherwise accessed through the Site is strictly private and We will
not, nor can We access such e-mail at anytime. Additionally, Our offering
- c. mail2web.com reserves the sole and exclusive right to block, without
notice , any email messages to You that, in mail2web.com’s sole
and absolute discretion contain any viruses or are considered SPAM.
In connection with the use of the Premium Services, You agree to the
- Paying, as applicable, any and all relevant Charges relating, but
not limited to:
- email hosting subscription fees;
- domain registration and/or renewal fees;
- additional disk space;
- additional bandwidth;
- additional e-mail accounts;
- internet access subscription fees; and
- any applicable internet access roaming Charges;
Canadian Customers will be charged GST with respect to these Charges.
You agree to the Charges, as they may be amended from time to time.
Notice to You of any such amendments shall be made by mail2web.com updating
the Site or sending notification thereof by e-mail or regular mail. By
agreeing to this AUP, You authorize mail2web.com to charge any amounts
payable by You, in connection with Your use of the Premium Services,
automatically to the credit card You provide in the registration process
or such credit card number that You provide thereafter, regardless of
the status of Your account with mail2web.com and subject only to the
terms and conditions of the agreement between You and Your credit card
issuer. Your right to use the Premium Services is subject to any limits
established by Your credit card issuer.
- All prices on the mail2web.com Site are listed in U.S. Dollars
(US$). mail2web.com reserves the right to charge You in any currency,
at the U.S. Dollar equivalent at the time of billing. An administration
fee equivalent to 5% of all credit card chargebacks will be levied
for any and all such chargebacks.
- Each Term, will be for a period equal to the Initial Term unless You or We give the other prior written notice of termination on no less than five (5) business days before the end of the Initial Term or Term (as applicable). Such termination notice will be effective from the end of the then current Term, if received with proper notice, or the end of the next Term if proper notice was not received before the end of the then current Term. If termination is initiated, without cause, any unused or prepaid portions of the Charges for subsequent Term(s) will be credited back to Your account by Us.
- In respect of all valid credit cards that You provide to mail2web.com
for the purpose of payment, if mail2web.com is not notified by You,
prior to the expiry date of such credit card, mail2web.com will automatically
update the expiry date of the credit card on mail2web.com’s own
internal system, to the next year in order to prevent any undesired
interruption of the Premium Services.
- If applicable, mail2web.com will automatically renew all domain
names, associated with Your account, that were registered by or transferred
to mail2web.com. A reminder notice will be sent to Your e-mail address
on record, two (2) months prior to the expiry of such domain name(s).
You are provided with the opportunity to decline the renewal by following
the appropriate instructions attached to the e-mail from mail2web.com.
Any failure to decline this renewal request is deemed sufficient authorization
from You for mail2web.com to renew the relevant domain name(s) for
a period of one (1) year at the current rates, as further detailed
in the renewal notice.
- All Premium Services come with a 30-day money back guarantee. If You are not completely satisfied with the Premium Services within the first 30 days of activating Your account, You much contact Us (by email – firstname.lastname@example.org) with a brief explanation of the issue. We will provide a full refund for any of the Premium Services, excluding any setup or any additional services provisioned by You, including, but not limited to BlackBerry Enterprise setup, Internet Access roaming charges, domain registration fees, additional disk space and any additional bandwidth charges.
6. INTERNET ACCESS SERVICES
Customers of Our Internet Access Services offered under our Premium
Services must abide by these additional terms and conditions.
- All Internet Access accounts are intended for non-commercial use
only and You will not be permitted to have multiple concurrent connections
from individual user accounts.
- The Internet Access Service provided may not be resold or otherwise
redistributed for profit unless express written permission is provided
to You by mail2web.com.
- You will not be permitted to leave the Internet Access Service sessions
idle for a period that is determined to be excessive by mail2web.com.
ose of payment, if mail2web.com is not notified by You, prior to the
expiry date of such credit card, mail2web.com will automatically update
the expiry date of the credit card on mail2web.com’s own internal
system, to the next year in order to prevent any undesired interruption
of the Premium Services.
- You agree that if mail2web.com for any reason determines Your roaming
charges are excessive, You may be charged on an interim basis to bring
Your account current before the end of the monthly billing cycle. mail2web.com
reserves the sole right to determine what is considered excessive.
- mail2web.com reserves the exclusive right, without notice to You,
to change the terms and conditions related to the Internet Access Service
by posting such changes to the Site. This includes, but is not limited
to: modifying the countries serviced, changing the policy for roaming
territories (i.e. countries included, countries not included, charges
for roaming, etc.) and changing any policies related to what mail2web.com,
deems in its sole and absolute discretion, to be “excessive usage”.
Pricing for the Internet Access Service may be amended from time to
time, in the manner described in Article 5(a), above.
7. RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, license, sublicense, sell,
resell or exploit for any commercial purpose, any portion of the Site,
use of the Service, or access to the Site and Service without Our prior
written, explicit and express permission.
8. EXTERNAL LINKS TO ADVERTISERS
You agree that mail2web.com may provide You as part of our Anonymous
Services, Customized Services and Premium Services, links to other
websites or resources that advertise on the Site. You also agree that
you will not attempt to block or otherwise interfere with any such
is grounds for immediate termination of service. The manner, mode and
extent of advertising by mail2web.com is subject to change. All correspondence
or business dealings that You have with any advertisers found on or
through the Site, 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 a result of any such dealings or as
the result of the presence of such advertisers on the Site.
9. PROPRIETARY RIGHTS
You acknowledge and agree that the Site and any and all related software
used in connection with the Service (“Software”) contain
proprietary and confidential information that is protected by applicable
intellectual property rights and other laws. Further, You acknowledge
and agree that all content in sponsor advertisements or information
presented through the Site or the Service or any of their advertisers
is protected by copyright, trademarks, service marks, patents and other
intellectual property rights and laws. Except as expressly authorized
by Us or any of the advertisers, You agree not to rent, license, sublicense,
lease, loan, sell, distribute, modify, create derivative works based
on the Site and the Software, in whole or in part, or otherwise use,
the Site or the Software, except in accordance with this Policy.
You further agree not to copy, modify, create a derivative work of,
reverse engineer, reverse assemble or otherwise attempt to discover any
source code, sell, assign, license, sublicense, grant a security interest
in or otherwise transfer any right in the Software. You agree not to
modify the Software in any manner or form, or to use modified versions
of the Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Site. You further agree not to access the
Site by any means other than through the interface that is provided by
Us to access the Service.
You agree to abide by the following general provisions:
- a. All Services provided to the User by mail2web.com may only be
used for lawful purposes. Transmission, storage, distribution or presentation
of any Content in violation of any and all applicable federal, provisional
and municipal laws is prohibited. This includes, but is not limited
to: copyright material, material judged to be defamatory, threatening
or obscene, or material protected by trade secret and other statute,
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), Content
that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
or any computer software or hardware or telecommunications equipment
and Content that promotes or provides instructional information about
illegal activities, promotes physical harm or injury against any group
or individual, or promotes any act of cruelty to animals. You agree
to indemnify and hold mail2web.com and all associated brands, as they
may be amended from time to time, and its officers, directors, shareholders,
employees, agents, and advisors from and against any Claims, losses,
judgments, damages, costs and expenses (including, without limitation,
reasonable legal fees) resulting from the use of any mail2web.com services
which damages You or any other party.
Pornography and sex-related merchandising is prohibited on all mail2web.com
servers. This includes the hosting of Content that may infer sexual content
or any links to adult content elsewhere. The foregoing applies equally
to Content that promote any illegal activity or Content that may be damaging
to Our servers or any other server on the Internet. Links to such materials
are also prohibited.
The following are examples of non-acceptable content or links:
- Pirated software;
- Hackers’ programs or archives;
- Warez Sites;
- IRC Bots;
- Pirated music and/or movies;
- Malware, including any form of Spyware or any related software that
records a user’s activities without their permission and forwards
that information via the Internet; and
- SPAM software (i.e. any software that allows a user to transmit SPAM
in violation of Our SPAM policy (please refer to Section 3 above)).
mail2web.com will be the sole arbiter as to what constitutes a violation
of this provision.
- mail2web.com reserves the right, at its sole discretion and without
notice, to prevent a User from accessing the Service at anytime if
a violation of this AUP is determined. mail2web.com will be the sole
arbiter as to what constitutes a violation of any and all sections
of this policy.
- All Services provided by mail2web.com are provided on an “as
is” basis. mail2web.com gives absolutely no warranty, expressed
or implied, for any service(s) provided, including, and without limitation,
warranty of merchantability and warranty of fitness for a particular
purpose. This expressly includes any financial reimbursement, of any
kind, for losses of income due to disruption of service by mail2web.com
or its providers.
- User acknowledges that mail2web.com is not responsible for any damages
arising from the User’s use of any service(s) provided by mail2web.com
or User’s inability to use any service(s) for any reason.
- mail2web.com is not responsible in anyway for the content a User
hosts on mail2web.com servers, or for the reliability of the transmission
of data across or through the mail2web.com network. This includes,
but is not limited to all content that is hosted as part of mail2web.com’s
customized version that allows users to store e-mail address information,
personal images, bookmarks, and contact information. It is the sole
responsibility of the User to back-up all content that is hosted on
- User hereby agrees that any material submitted for publication or
transmission on mail2web.com managed and/or owned servers or network,
will not contain anything leading to an abusive, unlawful, or unethical
use of the service. Abusive and unethical materials include, but are
not limited to pornography, obscenity, nudity, violations of privacy,
computer viruses, and any defamatory, harassing and harmful materials
or uses. User hereby agrees to indemnify and hold harmless mail2web.com,
its directors, officers and employees from any claim(s) resulting from
your publication of materials or your use of those materials. mail2web.com,
at its sole discretion, may or may not give notice before deactivating
or preventing any customer from accessing mail2web.com when a violation
this AUP is determined in anyway.
- Due to the public nature of the Internet, all information should
be considered generally accessible to the public and important or private
information should be treated carefully. mail2web.com is not liable
for protection or privacy of electronic mail or other information transferred
through the Internet or any other network mail2web.com or its Users
- Use of any information obtained via mail2web.com is at your own risk.
mail2web.com specifically denies any responsibility for the accuracy
or quality of information obtained through its services.
- Use of other organizations' networks or computing resources is subject
to their respective permission and usage policies.
- If mail2web.com prevents or permanently bans a User from using the
service for any reason, User agrees not to use or re-register without
mail2web.com's written consent.
- The User agrees to defend, hold harmless, and expeditiously indemnify
mail2web.com from any and all liability, claim, loss, damage or expense
arising out of User's breach or violation of any covenant contained
in this Policy, or resulting from the User's use of the Service.
- User agrees to waive, release and hold mail2web.com harmless from
any claims relating to any action taken by mail2web.com as part of
an investigation into a suspected violation of this Policy or as a
result of its conclusion that a violation of this Policy has occurred.
Therefore, User cannot sue or recover any damages whatsoever from mail2web.com
as a result of the decision to remove material from its server, or
to suspend or terminate a User's account.
- mail2web.com reserves the sole and exclusive right to terminate any
account, without notice or cause, for any free services used by a User
that is deemed to be utilizing an excessive amount of resources and/or
causing any service quality degradation, including but not limited
to, CPU utilization, disk space, bandwidth, application performance
or any other reason, in mail2web.com’s sole judgment is a violation
of this Policy.
- mail2web.com has a strong corporate policy to respect and protect
the privacy of its customers and their information that is stored on
mail2web.com’s servers. This policy is available at http://mail2web.com/about-us/privacy.aspx.
mail2web.com will only access and disclose information as necessary
to comply with applicable laws and government requests, to provide
mail2web.com Services, to operate or maintain its systems or to protect
itself or its customers.
The following additional provisions have been added for Premium
Services Users only.
- mail2web.com reserves the right, in its sole discretion, to deactivate
Your Premium Services Account(s) upon any indication of credit problems,
including delinquent payments, and if portions of this AUP are, in
the sole and absolute discretion of mail2web.com, being violated in
- mail2web.com has no obligation to monitor content or Your use of
Our network. However You agree that We have the right to monitor and
investigate content and Your use of Our network electronically from
time to time and to disclose any information as necessary to:
- satisfy any law, regulation or other governmental request or to
assist in the pursuit of any legal action against You;
- operate the Premium Services properly;
- protect mail2web.com or Our subscribers.
- mail2web.com reserves the right, in its sole and absolute discretion,
to decide the content that is displayed on any and all domain parking
pages that are hosted by mail2web.com. A domain name is considered
parked if mail2web.com has registered or manages a domain name on behalf
of You, but You have not purchased or subscribed for any accompanying
Premium Services that are connected to that domain name. You hereby
consent to Us displaying any type of domain parking pages, without
Your prior consent, that We deem to be appropriate including, but not
limited to domain parking pages which may advertise other Services
provided by mail2web.com or any wholly-owned and/or affiliated brands.
- You are solely responsible for backing up Your content and/or any
of Your files that reside on mail2web.com’s managed and/or owned
servers. mail2web.com is not responsible in any way for the Content
You host on mail2web.com servers, or for the reliability of the transmission
of data across or through the mail2web.com network.
- mail2web.com maintains exclusive control and ownership of any and
all Internet Protocol (IP) numbers that may be assigned to You and
reserves in its sole and absolute discretion the right to change or
remove any and all such Internet Protocol numbers and addresses.
- If mail2web.com cancels Your account(s) for any reason, You agree
not to reregister with mail2web.com without mail2web.com’s prior
written consent. In the event You reregister without mail2web.com’s
prior written consent, mail2web.com will cancel You account(s) and
all dues and fees paid to date will be forfeited regardless of whether
Premium Services have been rendered. Additionally, any amounts owned
in arrears will be made due and payable immediately.
- mail2web.com requires that You be qualified to enter into a legal
contract. mail2web.com cannot accept payments from persons who are
not at least eighteen (18) years of age. You will be held responsible
for keeping all billing data for mail2web.com accurate and up-to-date.
Any misrepresentatives made by You in respect of any data and/or information
supplied by You during the registration process will be grounds for
mail2web.com to terminate Your account.
- All servers are physically located in the Province of Ontario and
You may only access them by means of the Internet.
- mail2web.com reserves the sole and exclusive right to cancel Your
account with mail2web.com, based on, but not limited to, You engaging
in activities that:
- encumber the CPU;
- require resource intensive processes, including the usage of resource
intensive software applications or server-side scripts;
- require significant bandwidth; and/or
- require significant disk space.
- mail2web.com may terminate any of Your account(s) immediately by
giving notice in writing, in the event that You present an abnormal
risk of loss (including without limitation, incurring a significant
amount of billable Charges for which You have not been credit approved),
as determined by mail2web.com in its sole and absolute discretion.
11. POLICY ENFORCEMENT
When We become aware of any alleged violation of this AUP, We will immediately
initiate an investigation. We may, at any and all times, in Our sole
and absolute discretion, during such an investigation, restrict Your
access in order to prevent any further possible unauthorized activity.
During this investigation, We will not access any personal e-mail in
Depending on the severity of the violation, mail2web.com may, at its
sole discretion, restrict, suspend, or terminate a User’s account
and/or pursue other legal remedies. If such violation is a criminal
offense, mail2web.com will promptly notify the appropriate law enforcement
agencies of such violation.
The following additional provision has
been added for Customized and Premium
Services Users only:
Although mail2web.com has no legal obligation or desire to monitor the
Customized and Premium Services and/or the network, mail2web.com reserves
the right to monitor and investigate usage and content from time-to-time
to operate the Premium Services; to identify violations of this AUP;
and/or to protect the network and Our customers.
Notwithstanding any of the above, mail2web.com reserves the sole and
exclusive right to terminate Your access to any Services, at any time.
Any fees that have been paid in advance of cancellation will be pro-rated
and refunded to You if cancellation is initiated without cause by mail2web.com.
If cancellation of Services is a result of a violation of this AUP that
causes mail2web.com to incur any additional costs (i.e. network traffic,
disk space, licensing charges, etc…), You acknowledge Your responsibility
to reimburse mail2web.com from fees paid in advance and/or future billing.
Upon termination of the Services, mail2web.com is authorized to delete
any files, programs and data associated with Your account.
12. COPYRIGHT INFRINGEMENT
The following provisions have been added for Customized and Premium
Services Users only:
If You have any comments or suggestions to improve the service, please
write us at email@example.com.
- By submitting media such as text, photos, audio or videos, or any
other Content, You guarantee that the Content does not infringe upon
any third party intellectual or personal rights, including but not
limited to, copyrights, trade-marks, trade secrets, privacy or other
- Should mail2web.com become aware of any material posted by You that
could be infringing on a third party’s intellectual property
rights, mail2web.com will immediately initiate an investigation. If
a claim is received by mail2web.com from a third party complainant
with the applicable copyright or trademark registration number, a copy
of the underlying copyrighted work along with Your materials and/or
a good faith declaration, signed under penalty of perjury, that (i)
the material is the property of the complainant; or (ii) the work has
been copied and that use of the material is not defensible, mail2web.com,
at its sole discretion, may, at anytime, restrict Your access to the
- mail2web.com will notify You of the copyright infringement allegation
and will allow You to respond to the allegation(s).
- mail2web.com shall have no liability, directly or indirectly, to
third parties for any of Your infringing materials. You agree to indemnify
and hold harmless mail2web.com, its associated brands, including but
not limited to mail2web.com, alloterra.net, softcom.com and news2web.com,
as they may be amended from time to time, and its officers, directors,
shareholders, employees, agents and advisors from and against any Claims,
losses, judgments, damages, costs and expenses (including, without
limitation, reasonable legal fees), incurred by any of the foregoing
parties due to or resulting or associated with processing valid infringement
allegations and defending any and all legal claims associated therewith.
- ALL SERVICES PROVIDED BY MAIL2WEB.COM, IS PROVIDED TO YOU “AS
IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.
- MAIL2WEB.COM MAKES NO REPRESENTATIONS OR WARRANTIES THAT (I) THE
SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE; AND (III) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
- c. MAIL2WEB.COM IS NOT RESPONSIBLE FOR ANY DAMAGES ARISING FROM YOUR
USE OF ANY SERVICE PROVIDED BY MAIL2WEB.COM OR YOUR INABILITY TO USE
ANY SERVICE FOR ANY REASON. THIS EXPRESSLY INCLUDES ANY REIMBURSEMENT
FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICES BY MAIL2WEB.COM
OR ITS PROVIDERS.
14. LIMITATION OF LIABILITY
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL MAIL2WEB.COM,
ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR ADVISORS
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
MAIL2WEB.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES UNDER
CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY),
RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE, THE
SITE OR ANY CONTENT; (II) ANY THIRD PARTY CLAIMS THAT THE USE BY YOU
OF THE SERVICE OR THE CONTENT VIOLATES ANY INTELLECTUAL PROPERTY RIGHT;
OR (III) ANY OTHER MATTERS RELATING TO THE SERVICE, THE SITE OR THE
- YOU SPECIFICALLY ACKNOWLEDGE THAT MAIL2WEB.COM IS NOT LIABLE FOR
THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES AND THAT
THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER,
MAIL2WEB.COM SHALL HAVE NO LIABILITY TO YOU FOR ANY CONTENT DOWNLOADED
FROM THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF MAIL2WEB.COM,
ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR ADVISORS
TO YOU FOR ANY AND ALL CLAIMS UNDER CONTRACT, WARRANTY, NEGLIGENCE,
STRICT LIABILITY, OR OTHER THEORY ARISING FROM THIS AUP OR FROM THE
USE OF THE SITE, THE CONTENT, OR THE SERVICES IS LIMITED TO USD$100.
15. REPORTING ABUSE OF THIS POLICY
- Any party seeking to report any violations of this policy may send
an e-mail to: firstname.lastname@example.org.
16. APPLICABLE LAW
You agree that all matters relating to the use of the Site, the Services
and the Content shall be governed, controlled, interpreted and defined
by and under the laws of the Province of Ontario and the Federal laws
of Canada applicable therein without giving effect to any principles
of conflicts of laws. You also agree that any action at law or in equity
arising out of or relating to this AUP or Your use of the Site, the
Services or the Content will be filed only in a court located in Toronto,
Ontario, Canada and You hereby irrevocably and unconditionally consent
and submit to the exclusive jurisdiction of such courts for the purpose
of any such action.
17. ENTIRE AGREEMENT
This AUP constitutes the entire agreement between You and mail2web.com
relating to the subject matter hereof and supersede any prior understandings
or agreements (whether oral or written), claims, representations, and
understandings of the parties regarding such subject matter and this
AUP may not be amended or modified except in writing or by making such
amendments or modifications available on the Site.
18. NO AGENCY; THIRD PARTY BENEFICIARY
mail2web.com is not Your agent, fiduciary, trustee, or other representative.
Nothing expressed or mentioned in or implied from this AUP is intended
or will be construed to give to any person other than the parties hereto
any legal or equitable right, remedy, or claim under or in respect to
this AUP. This AUP and all of the representations, warranties, covenants,
conditions, and provisions hereof are intended to be and are for the
sole and exclusive benefit of mail2web.com and You.
You may not assign, convey, subcontract or delegate any of Your rights,
duties or obligations hereunder.
If any provision of the AUP is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavour
to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the AUP remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any
Claim arising out of or related to use of the Services or the AUP must
be filed within one (1) year after such claim or cause of action arose
or be forever barred.
22. NO WAIVER
mail2web.com will not be considered to have waived any of its rights
or remedies described in this AUP unless the waiver is in writing and
signed by mail2web.com. No delay or omission by mail2web.com in exercising
its rights or remedies will impair or be construed as a waiver. Any single
or partial exercise of a right or remedy will not preclude further exercise
of any other right or remedy. mail2web.com's failure to enforce the strict
performance of any provision of the terms and conditions herein will
not constitute a waiver of mail2web.com's right to subsequently enforce
such provision or any other provisions of the AUP.
The headings used in this AUP are included for convenience only and have
no legal or contractual effect.
mail2web® is a registered trademark and brand owned by SoftCom Inc.