| By submitting your order and providing your information on the GetaMail.net System, you, the "Customer," accepts and agrees without limitation or qualification, to all of the terms and conditions in this Agreement (Terms of Service) as described herein.
GetaMail.net reserves the right to update or change the terms, conditions and notices of its services from time to time to reflect changes in the service, changes in the laws affecting the services, or for any other reasons. In such event, new Terms of Service will be posted on the site and your continued participation in the service shall be considered as your acceptance and agreement with the new Terms of Service.
GetaMail.net reserves the right to cancel any account, including files and content, for any reason, or no reason at all, at any time. You agree to maintain backup files of all information you post on GetaMail.net and you agree that GetaMail.net will have no liability for removing any data you have posted.
1. Description of Service |
GetaMail.net provides Web Services to users for a fee as described on its web site. The Web Services, Email Hosting, Email Archiving and others, which use GetaMail.net's resources such as bandwidth, disk space and technology that are integrated to provide such a service.
Customer will pay the Service Fees to GetaMail.net in the manner set forth in the order. Payment is in advance of the time period during which such services are provided. Customer agrees that all set up fees, if such fees are indicated in the order, are non-refundable once the setup is completed. These services will be billed on a recurring basis for the period of the service unless you have notified us in advance to change the period of the service.
Customer agrees not to use excess of what is allowed to the service of which the Customer ordered. If Customer uses an excess amount of storage, bandwidth or any other resource, over what he purchased, GetaMail.net will charge the customer additional fees. Customer has the sole responsibility to monitor, check and correct, if so required, the usage of the service.
Service Fees do not include any applicable taxes. All paid fees are fully earned when due and are non-refundable when paid. Unless otherwise noted, invoices for the Service Fees shall be due and payable within 30 days after the date of the invoice. If Customer fails to pay invoice within 45 days after the date of the invoice, GetaMail.net may charge Customer overdue fee of $10 or discontinue the service. If GetaMail.net collects any payment due through an attorney or collection agency or GetaMail.net prevails in any dispute actions which GetaMail.net and Customer are parties, Customer will pay all costs of collections, arbitration and litigation including attorneys' fees. If check is returned for insufficient funds, GetaMail.net may charge additional processing fee of $25 per occurrence.
User represents and warrants to Company that: (a) User is over the age of eighteen (18) and has the power and authority to enter into and perform User's obligations under this Agreement; (b) all information provided by User to Company is truthful, accurate and complete; (c) User shall comply with all terms and conditions of this Agreement, including, without limitation, the provisions set forth in Section 6; (d) User has provided and will maintain accurate and complete registration information with Company, including, without limitation, User's legal name, address and telephone number; and (e) User's access to and/or use of the Service does not and will not constitute a breach or violation of any other agreement, contract, terms of use, or similar policy or understanding to which User is or may be subject. Furthermore if payment is made via credit card, you agree that you are the authorized user of the credit card that you have supplied to us. You also understand and agree that we have the right and obligation to either investigate or provide an outside agency and authority any information we may have in relation to the account to investigate possible fraudulent use of credit card.
3. Customer Rights and Obligations |
GetaMail.net services may be used in accordance with this agreement and for lawful purposes only. Customer is prohibited of using these services in a manner that violates any local, state, federal, international or local jurisdiction or any law that you and your site may be subject to.
Customer is solely responsible for the quality, performance and all content and services provided on Customer Web Site. Furthermore, Customer shall be fully responsible to upload, maintain and ensure that the content and all associated programming his/her Web Site are fully compatible with the hardware and software, which GetaMail.net provides for the purchased service. GetaMail.net is not responsible for any malfunctions or service interruptions caused by any failure of Customer's Content. GetaMail.net backups its systems periodically. However, you, the Customer, agrees that the use of service is at your own sole risk. GetaMail.net is not responsible for files and data that you have put on our system. Customer agrees to maintain all backups of files and data stored on GetaMail.net systems.
Customer agree not to
a) |
Post, publish, transmit, promote, reproduce and distribute any content, software or other copyrighted material, which is prohibited by law or/and the owner of such material. |
b) |
Post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law.
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4. Bulk Mail, Spam and Spam Filtering |
GetaMail.net does not authorize the use of its systems and network to accept, transmit or distribute solicited or unsolicited bulk e-mail, either opt-in or opt-out. Sending bulk e-mail or any other unsolicited advertising in Internet is considered as spam and it is annoyance to others. Spamming Internet users via GetaMail.net or directed towards domains or services which resides on GetaMail.net is strictly prohibited and may cause your services to be terminated immediately and without warning. You will be fully responsible for any damages to you, GetaMail.net, or any other party or parties resulting from such activities.
Without any SPAM Filtering the amount of email SPAM will be unbearable and counter productive to the use of email to our users. We are using the following system-level anti-SPAM measures:
Email from individual email addresses known to transmit SPAM is banned. Our Mail Servers reject mail from hosts listed in the following Real Time SPAM Databases:
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Sorbs |
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SpamHaus |
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SpamCop |
Incoming emails must come from domains that accept reply emails. If a domain does not exist, or it exists but reply mail is deactivated (meaning their DNS Entry has no "MX" Record), we will reject the mail.
Our objective is to minimize the received SPAM without the risk of losing mail without knowing so. However, we cannot guarantee it. Mail that comes from hosts that are on the BLACK LIST (RBL/RSS/DUL/ORBS) databases will be rejected. It is NOT possible for us to make exception to allow mail from specific server that is on the BLACK LIST. The solution is to correct the problem of the server that is on the BLACK LIST. If you know of such a case and you want to receive mail from a user that use that Mail Server, you need to notify him that the Mail Server that he or she uses is on the BLACK LIST as results of being open to relay SPAM. The Mail Server's System Administrator needs to correct the configuration of the mail server before it can be removed from the Black List Database.
We reserve the right to change this policy from time to time without prior notice.
Neither party is liable for any default or delay in the performance of any of its obligations under this agreement, not including failure to make payment when due, which are caused, directly or indirectly, by force beyond such party's reasonable control, including but not limited to fire, flood, acts of good, labor, storm, accidents, act of war or terrorism, interruptions of transportation or communications, hardware failure, software failure or any third party failure to perform any commitment which
impact the delivery of GetaMail.net services.
You hereby agree to indemnify and hold harmless GetaMail.net Corporation, employees, contractors, affiliates and attorneys from any and all liabilities, including but not limited to attorney's fees, cost and expenses that may arise directly or indirectly from the use of GetaMail.net service which damages either you, GetaMail.net, or any other party. You agree to be solely responsible for defending any claim and for payment of damages or losses resulting from the use of GetaMail.net service, including but not limited to web site content, access, and domain name management.
GETAMAIL.NET CORPORATION MAKES NO WARRANTY EXPRESSED OR IMPLIED INCLUDING BUT NOT LIMITED TO THE MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OF ITS SERVICE. FURTHERMORE, YOU EXPRESSLY AGREE THAT YOUR USE OF GetaMail.net SERVICE IS AT YOUR OWN RISK. GetaMail.net SERVICE IS AVAILABLE "AS IS" BASIS WITHOUT WARRANTY EXPRESSED OR IMPLIED. FURTHERMORE, GetaMail.net PROVIDES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, Software or information is free from error or viruses. Under no circumstances GetaMail.net will be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from the use or inability to use the service, or for third party use of the service, access the web site, send and receive email through the service, or reliance on or use the information, service or merchandise provided on or through the service or that result of failure of performance. Your sole and exclusive remedy is to discontinue the service.
8. Limitation of Liability |
NEITHER PARTY SHOULD BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR THE LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFIT, LOSS OF BUSINESS, OR OTHERWISE, EVEN IF GETAMAIL.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GETAMAIL.NET CORPORATION, MAXIMUM AGGREGATE LIABILITY TO CUSTOMER RELATED TO CLAIM ARISING UNDER THIS AGREEMENT WILL BE LIMITED TO THE TOTAL AMOUNT PAID BY CUSTOMER FOR THE LAST MONTH.
9. Applicable Law and Jurisdiction |
If any provision of this agreement is found to be invalid by any court competing jurisdiction, this invalidity shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term.
This agreement supersedes any written, electronic, or oral communication you may have had with GetaMail.net or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
User is solely responsible for any and all acts and omissions that occur under User's account or password, and User agrees not to engage in unacceptable use of the Service, which includes, without limitation, use of the Service to: (a) disseminate, store or transmit unsolicited messages, chain letters or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate, store or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (g) disseminate, store or transmit viruses, trojan horses or any other malicious code or program; (h) consume an unfair, unequal, or excessive amount of network or system resources including but not limited to; excessive SMTP usage, excessive IMAP usage, or use of a automated program to transmit large quantities of information; or (i) engage in any other activity deemed by the Company to be in conflict with the spirit or intent of this Agreement.
This Agreement is effective upon User's acceptance as set forth herein and shall continue in full force until terminated. User may terminate this Agreement for any reason upon thirty (30) days prior notice to Company. This Agreement will terminate automatically without notice from Company if User fails to comply with any provision of this Agreement. Company reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Service; (b) suspend User's access to or use of all or any portion of the Service; and (c) terminate this Agreement. Termination for any reason shall not affect Company's entitlement to any sums due hereunder, or any additional remedies provided by law or equity. Under no circumstances shall User be entitled to any refund on any portion of fees paid in connection with this Agreement.
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