|
|
Terms & Conditions
Please read these terms and conditions before signing any application form. Signing the form will constitute your full agreement with these terms and conditions. These do not affect your statutory rights under UK law.
DESCRIPTION OF SERVICE
Port995.com is a service of Parbin Ltd and will provide the User with a capability to send and receive electronic mail over the Internet via its SMTP POP, IMAP and Webmail facilities. Though a User may choose to register multiple accounts, any account of the User is understood as a stand alone account.
The User must:
- provide for the User's own access to the World Wide Web and pay any service fees associated with such access;
- provide all equipment necessary for the User to make such connection to the Internet, for example computer, modem, etc.
The User agrees to complete an Account Profile which may be initiated during registration or at any other time which may be seen as convenient by Port995.com
In consideration of the Account Profile, the User agrees to:
- provide all required information as prompted to do so by Port995.com
- keep the Account Profile or any other required data current, complete and accurate.
Port995.com warrants and agrees NOT to disclose of the User the member's name, mailing address, phone number, account or e-mail address to any third party unless:
- Port995.com is required to do so by law; or
- the User expressly gives permission to do so.
If any information provided by the User is false or inaccurate, Port995.com retains the right to terminate the User's right to use the service.
IN CASE OF MODIFICATIONS TO TERMS OF SERVICE
Port995.com may modify this Agreement at any time, at which point notification will be sent to the User.
The User's continued use of Port995.com subsequent to any changes will constitute an acceptance by the User of the agreement and its modifications as well as an agreement to abide by such terms.
IN CASE OF MODIFICATIONS TO SERVICE
Port995.com reserves all rights to change or discontinue any and/or all service(s) with or without notice to the User. The User agrees to hold Port995.com harmless for any such decisions.
REFUND POLICY
Accounts can be closed by a customer with 30 days notice. Any outstanding credit remaing on the balance of account will be returned to the customer minus an admin fee of £10 (inc vat). If the account balance due (before the admin fee is deducted) is less than £10 then no refunds will be made.
USER ACCOUNT, PASSWORD, AND SECURITY
On becoming a Member of Port995.com, User shall either choose or receive a password and account name. The User is entirely responsible for maintaining confidentiality of the password or account name. The User is also responsible for any and all activities occurring from his or her account. Port995.com has made it possible in Account Control Panel for the User to change his or her password at any time by following instructions. In the event that the User has lost or forgotten the password it is at the sole discretion of Port995.com as to whether the sufficient evidence of the rightful User has been submitted before disclosing any information. Port995.com reserves the right to not disclose any information including passwords.
The User agrees to immediately notify Port995.com of any unauthorised use of service or breach of security of the User's account.
DISCLAIMER OF WARRANTIES
THE USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT THE USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
PORT995.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NEITHER PORT995.COM NOR ANY BUSINESS AFFILIATES (INCLUDING ANY SUCH BUSINESS AFFILIATE THROUGH WHICH USER BECAME A USER OF THE SERVICE) MAKES ANY WARRANTY THAT THE SERVICE WILL MEET USER REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PORT995.COM 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 SOFTWARE WILL BE CORRECTED.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NEITHER PORT995.COM NOR ANY BUSINESS AFFILIATES (INCLUDING ANY SUCH BUSINESS AFFILIATE THROUGH WHICH USER BECAME A USER OF THE SERVICE) MAKES ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM PORT995.COM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
NEITHER PORT995.COM NOR ANY BUSINESS AFFILIATES (INCLUDING ANY SUCH BUSINESS AFFILIATE THROUGH WHICH USER BECAME A USER OF THE SERVICE) SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF PORT995.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
RESALE OF THE SERVICE
The User's right to use Port995.com is personal to the User although a User may choose to reassign any particular email address(es) within an Account to other sub-users. The User may choose whether the account shall be used for personal or corporate purposes. However, the User agrees not to resell or make any commercial use (leasing or selling of accounts) of Port995.com, without the express consent of Port995.com
All sub-users and those using email addresses assigned by account holders via Port995, agree to adhere to the full terms of service, AUP and privacy policy, and it is the responsibility of the User to ensure that sub-users are aware and acknowledge this.
E-MAIL MESSAGE STORAGE AND OTHER LIMITATIONS
Port995.com assumes no responsibility for the deletion or failure to store e-mail messages.
Port995.com has set no fixed upper limit on the number of messages a User may send or receive through the service; however, Port995.com retains the right, at Port995.com sole discretion, to determine whether or not the User's conduct is consistent with the letter and spirit of this Agreement, and may terminate the Port995.com service if a User's conduct is found to be inconsistent with this Agreement.
USER CONDUCT
You agree to abide by all applicable local, national and international laws and regulations, and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree NOT to:
- use the Service in connection with chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- create a false identity or forge an e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
- transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
- transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
- transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
- interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
- attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
- interfere with another member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
Additionally, the User agrees to abide by the terms of Port995.com's Acceptable Use Policy.
Port995.com may, at its sole discretion, immediately terminate the service should a User's conduct fail to conform with the terms and conditions of this Agreement or of the Acceptable Use Policy.
INDEMNIFICATION
The User agrees to defend, indemnify and hold harmless Port995.com, its employees, directors, officers, agents and business affiliates (including any such business affiliate through which User became a user of the Service), and their respective successors and assignees from, and against, any and all liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of your account, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
NOTICE & BROADCASTS
All notices to a party shall be in writing and shall be made either through e-mail or conventional mail. Port995.com may broadcast notices or messages through the service to inform Users of changes to this Agreement, the service, or other matters of importance; such broadcasts shall constitute notice to the Users.
Any notices, notifications or broadcasts intended for the User shall be delivered based on the most recent contact information provided by the User. The User accepts responsibility for keeping this contact information up to date via the Port995.com Account Control Panel.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS
The User's correspondence with or participation in promotions of advertisers found on 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 the User and such advertiser. The User agrees not to hold either Port995.com or any business affiliate (including any such business affiliate through which user became a user of the service) 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.
CONTENT RIGHTS
The User acknowledges that any content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or e-mail-distributed, commercially produced information ("Content") presented to the User through Port995.com, its advertisers and/or its business affiliates, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, the User is only permitted to use this Content as expressly authorised by Port995.com, the advertiser and/or business affiliate, as applicable. The User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by Port995.com, the advertiser and/or the business affiliate, as applicable.
APPLICABLE LAWS
This Agreement is governed by the laws of the United Kingdom, and you consent to the exclusive jurisdiction and venue of the Central London County Courts or the London High Court in all disputes arising out of or relating to your use of the Port995.com service.
|
|
