Acceptance of Terms
e-MailUs provides its service to you, subject to the following Terms of Service ("Terms"), which may be updated by us from time to time without notice to you. You can review the most current version of the Terms at any time at: http://www.e-mailus.net/admin/terms.html In addition, when using e-MailUs, you and e-MailUs shall be subject to any posted guidelines or rules applicable which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms. e-MailUs may also offer other services that are governed by different Terms of Service.
Description of Service
e-MailUs provides an email forwarding system ("Service") designed to reduce the amount of spam and unwanted email from entering a member's personal mailbox. You must understand and agree that the Service may include advertisements and that these advertisements are necessary for e-MailUs to provide the Service. You also understand and agree that the service may include certain communications from e-MailUs, such as service announcements and administrative messages, and that these communications are considered part of e-MailUs membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Terms. You understand and agree that the Service is provided "as-is" and that e-MailUs assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for maintaining your own personal email account and all it's associated fees and charges. You are responsible for obtaining access to the e-mailUs 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.
Your Registration Obligations
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of your country or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or e-MailUs has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, e-MailUs has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
Charges and Billing
By using the e-MailUs Secure Service, you agree to accept all on-going fees you may incur as a result of using the e-MailUs Services, including but not limited to, fees for supplemental services or features and purchases made through the use of the e-MailUs Service. Subject to any applicable law, fees and charges for e-MailUs Services are non-refundable unless the pricing terms for the applicable e-MailUs Service expressly says otherwise. You will be notified of any applicable fees before you start incurring liability for such fees and, by providing your payment, e-MailUs Services will commense. e-MailUs reserves the right to change its fees or billing methods at any time and will provide thirty days notice of any such changes in the same manner as described above for changes in the Rules and/or scope of Service. If you do not like these changes to the fees, billing methods, or changes to the Rules or the Service, you may terminate the e-MailUs Service on or after the date such changes go into effect, and as your sole and exclusive remedy, you will be entitled to a pro-rata refund for amounts prepaid to cover future periods of the terminated Service from the date of termination.
Payments for the e-MailUs Service must be made prior to and during any times you receive most billable e-mailUs Services and pricing plans. You expressly authorize e-MailUs (or third parties acting on behalf of e-MailUs) to charge all subscription fees and other charges, including payment transaction fees for certain payment methods. If your account is more than 10 days past due it will be terminated. Any billing problems or discrepancies must be brought to e-MailUs's attention by you within a reasonable period from the date you are billed.e-MailUs may suspend or terminate your use of the Service if you fail to provide payment upon request or if e-MailUs is unable for any reason to contact you.
You are responsible for all fees and charges incurred, including applicable taxes and purchases made by you unless your account is accessed unlawfully or fraudulently by someone other than yourself, you will be responsible for all usage and purchases applicable to your account.
Account Password and Security
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify e-MailUs of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. e-MailUs 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, messages or other materials ("Content"), sent through e-MailUs are the sole responsibility of the person from which 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. e-MailUs does not control the Content posted via the Service and, as such, does 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 e-MailUs be liable in any way for any Content, including, but not limited to, for 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 emailed, transmitted or otherwise made available via the Service.
You agree not to use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, 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;
- 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," "pyramid schemes," or any other form of solicitation;
- 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;
- violate any applicable local, state, national or international law, and any regulations having the force of law.
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. In this regard, you acknowledge that you may not rely on any Content submitted to e-MailUs,
You acknowledge, consent and agree that e-MailUs 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: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of e-MailUs, its 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 agree to indemnify and hold e-MailUs, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, 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 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.
General Use of the Service
You acknowledge that e-MailUs may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, or other 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 computer 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 e-MailUs has 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 acknowledge that e-MailUs reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that e-MailUs reserves the right to modify these general practices and limits from time to time.
Modifications of the Service
e-MailUs reserves the right at any time and from time to time to modify or temporarily discontinue the Service with or without notice. You agree that e-MailUs shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that e-MailUs may, under certain circumstances and without prior notice, immediately terminate your e-MailUs account, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems. Termination of your e-MailUs account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in e-MailUs sole discretion and that e-MailUs shall not be liable to you or any third-party for any termination of your account or access to the Service.
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 e-MailUs 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.
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this Agreement.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EMAILUS 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 EMAILUS HAS 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.
Please report any violations of the Terms to e-MailUs via the "Contact Us" link on our home page at: http://www.e-mailus.net.
Terms by Graham J. Clarke Jan2005