S-mail.com terms of service
The service (available on the on the site http://www.s-mail.com) is
provided by the Network Research Lab Ltd (the "Company") to you (the "User") exclusively under
these S-mail.com terms of service.
1. SUBJECT OF THE SERVICE.
The Company is providing the User with the capability to send
and receive electronic mail via the World Wide Web on the Company's servers
(the "s-mail.com 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 Company 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 Company never shares
the User Data to the third parties unless the Company 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
Company retains the right to terminate the User's membership
and the User's right to use the service.
2. USERS OF THE SERVICE.
The S-mail.com 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
S-mail.com service.
The User agrees not to use S-mail.com 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 S-mail.com service.
The User agrees not to transmit through the S-mail.com 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, give rise to civil
liability.
B. Commerce
The User agrees not to resell or offer for resale the S-mail.com
service (or use of or access to the S-mail.com service), without the
express consent of the Company.
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
Company's satisfaction that a User has or is used the
S-mail.com service for the purposes of transmitting or generating Spam,
junk mail, chain letter or any other like transmissions, the Company
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 Password and account. And 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 Company
for any liability or expense arising from such use or misuse.
The User hereby agrees to immediately notify the Company of
any unauthorized use of the User's account or any other breach of
security known to the User at support@s-mail.com.
5. STORAGE OF INFORMATION
The amount of storage space allocated at the S-mail.com servers per User
is 5 Mb, therefore some e-mail message may not be processed due to above
said limitations.
The Company assumes no responsibility for the deletion of, or
failure to store e-mail messages, or for the liability from time to time
to receive or send e-mail messages.
6. INDEMNIFICATION
The User agrees to indemnify and hold the Company, 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 use of the S-mail.com service, a violation
of these terms and conditions by the User, or the infringement by
the User, or other User of the S-mail.com service using the
User's computer, of any intellectual property or other right of any
person or entity.
7. LIMITATION OF LIABILITY
The Company provides the S-mail.com service on "as is" and "as
available" basis. User agrees that use of the S-mail.com service is
at User's sole risk.
The Company does not warrant or guarantee that S-mail.com service
will meet User's requirements, that S-mail.com service will be
uninterrupted, timely, secure or error-free. The Company does not
make any warranty as to the results that may be obtained from the use of
the S-mail.com service or as to the accuracy or reliability of any
information obtained through the S-mail.com service or that defects in the
S-mail.com service will be corrected.
The User agrees that any information and data downloaded or
otherwise obtained through the use of the S-mail.com 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 S-mail.com service.
The User hereby agrees that the Company 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
S-mail.com service.
The User agrees that the Company shall not be liable for any
damages, arising from interruption, suspension or termination of the
S-mail.com 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 Company's
liability in respect of any successful claim in law or otherwise made by a
User in respect of the S-mail.com service shall be limited to the
subscription fees paid by the User to the Company in respect
of the service.
8. TERMINATION
Either the Company or the User may terminate the S-mail.com
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 S-mail.com service in any way, the User's only
recourse is to immediately discontinue use of the service, terminate service
membership, and notify the Company of termination.
9. NOTICE
All notices to a party shall be in writing and shall be made either via
email or conventional mail. The Company 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 S-mail.com service by the Company or the Company'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 Company 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. Except those expressly
permitted by law, the User agrees not to disassemble or otherwise
reverse engineer any of the software of the S-mail.com service for any
reason, or permit any third party to do so.
11. GOVERNING LAW
The laws of Republic of Ireland shall govern the S-mail.com terms of
service and relationship between the User and the Company.
The parties hereby agree that all disputes in connection with or arising
out of the S-mail.com terms of service shall be subject to the
jurisdiction of the Irish Courts.
12. MODIFICATION OF THE S-MAIL.COM TERMS OF SERVICE
The Company reserves the right to change or modify the S-mail.com
terms of service, or any part thereof at any time.
The Company will notify Users about such modifications by
posting an updating text of the S-mail.com terms of service on this Web
site (http://www.s-mail.com). These modifications shall be effective
immediately upon notice. Use of the S-mail.com service by User after
such notice shell 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 S-MAIL.COM
TERMS OF SERVICE.
