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Terms & Conditions
Mypostbox.co.uk, ("Mypostbox.co.uk")
shall provide e-mail products and services ("the Mypostbox.co.uk Service")
to you ("User") under the terms and conditions of this Mypostbox.co.uk
User Agreement ("the Agreement"). USER UNDERSTANDS AND ACKNOWLEDGES THAT
USER IS ENTERING INTO AN AGREEMENT WITH MYPOSTBOX.CO.UK. BY REGISTRATION
YOU ARE AGREEING TO BECOME A PARTY TO THIS AGREEMENT WITH MYPOSTBOX.CO.UK
AND TO THE TERMS AND CONDITIONS HEREIN AND ACKNOWLEDGE THAT YOU HAVE READ
AND UNDERSTAND ANY APPLICABLE ASSOCIATE STATEMENT ACCESSIBLE FROM THE
LOGIN PAGE OF THIS E-MAIL SITE.
Acceptable Use Policy
The following policy governs the use of the Mypostbox.co.uk Service by
User. User will comply with the terms and spirit of the Agreement.
(a) User shall not
use the Mypostbox.co.uk Service for spamming. Spamming includes, but is
not limited to
(1) the bulksending
of unsolicited messages, or the sending of unsolicited e-mails which provoke
complaints from recipients, (2) the sending of junk mail,
(3) the use of distribution lists that include people who have not given
specific permission to be included in such distribution process,
(4) posting commercial ads to USENET newsgroups that do not permit it,
(5) posting articles containing binary encoded data to a non-binary newsgroups,
(6)excessive and repeated posting off-topic messages to newsgroups,
(7)excessive and repeated cross-posting,
(8) e-mail harassment of another Internet user or users, including but
not limited to, transmitting any threatening, libellous or obscene material,
or material of any nature which could be deemed to be offensive, and
(9) the e-mailing of age- inappropriate communications or content to anyone
under the age of 18. Mypostbox.co.uk has in place a spam monitoring and
control system to reduce spam sent to and from Users. Mypostbox.co.uk
shall make reasonable attempts to respond to complaints made by User regarding
the receipt of spam or other harassing e-mail or, in the case of a User
under the age of 18, complaints from such User or from such User's parent
or guardian regarding the receipt of spam, other harassing e-mail, or
e-mail containing any age-inappropriate communications or content. User
shall not use the Mypostbox.co.uk Service in a manner which violates any
city, state, national or international law or regulation, or which fails
to comply with accepted Internet protocol. User shall not attempt to interfere
in any way with Mypostbox.co.uk networks or network security, or attempt
to use the Mypostbox.co.uk Service to gain unauthorized access to any
other computer system.
(b) User shall at
all times provide Mypostbox.co.uk with accurate information. User shall
immediately notify Mypostbox.co.uk of any security breach in or unauthorized
use of User's account. User shall not interfere in any way with another
User's use of, or Mypostbox.co.uk's provision of the Mypostbox.co.uk Service.
User shall not resell, rent, lease, grant a security interest in, or make
commercial use of the Mypostbox.co.uk services without the express written
consent of Mypostbox.co.uk.
(c) User agrees to
use Mypostbox.co.uk e-mail addresses containing the names of colleges,
universities, celebrities, entertainment properties, businesses, or teamsfor
personal use only and not for any commercial purpose.
(d) User agrees not
to transfer e-mail address for gain or otherwise. Transfer of such email
address will result in termination of contract with end user.
Title, ownership rights,
and intellectual property rights in all content and material that is part
of, contained in, or accessed through the Mypostbox.co.uk Service, and
provided by either Mypostbox.co.uk or sponsors or any other content provider
shall remain in Mypostbox.co.uk and/or its sponsors or any other content
provider. User acknowledges and agrees that certain college, university,
team, celebrity or business names contained within Mypostbox.co.uk e-mail
addresses may represent protected trademarks and service marks. Such content
and materials are protected by the copyrights, trademark, service mark
and patent laws and treaties.
Indemnification
User agrees to indemnify and hold Mypostbox.co.uk and its licensors, parents,
subsidiaries, affiliates, network partner sites, officers and employees
("Affiliated Parties"), harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of User's
use of the Mypostbox.co.uk Service, the violation of the Agreement by
User, or the infringement by User, or other user of the Mypostbox.co.uk
Service using User's computer, of any intellectual property or other right
of any person or entity, or as a result of any threatening, libelous,
obscene, harassing or offensive material contained in any User communications.
Disclaimer of Warranty
MYPOSTBOX.CO.UK EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE MYPOSTBOX.CO.UK
SERVICE. THE MYPOSTBOX.CO.UK SERVICE IS PROVIDED ON AN "AS IS" BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE PERFORMANCE OF,
OR ARISING OUT OF THE USE OF THE MYPOSTBOX.CO.UK SERVICE IS BORNE BY USER.
MYPOSTBOX.CO.UK MAKES NO WARRANTY REGARDING ANY GOODS, INFORMATION OR
SERVICES PURCHASED OR OBTAINED THROUGH THE USE OF THE MYPOSTBOX.CO.UK
SERVICE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF
THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED
WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO USER AND USER MAY HAVE OTHER
LEGAL RIGHTS THAT VARY BY JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE,
SHALL MYPOSTBOX.CO.UK OR ITS LICENSORS OR RESELLERS BE LIABLE TO USER
OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING
FROM THE USE OF OR THE INABILITY TO USE THE MYPOSTBOX.CO.UK SERVICE, THE
PERFORMANCE OF MYPOSTBOX.CO.UK SERVICE, OR DAMAGES FOR LOSS OF GOODWILL,
BUSINESS PROFIT, BUSINESS STOPPAGE, LOSS OF DATA OR BUSINESS INFORMATION,
COMPUTER DAMAGE, OR DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR CHANGES
MADE TO USER'S TRANSMISSIONS OR DATA, OR ANY AND ALL OTHER COMMERCIAL
DAMAGES OR LOSSES. IN NO EVENT WILL MYPOSTBOX.CO.UK BE LIABLE FOR ANY
DAMAGES IN EXCESS OF WHAT MYPOSTBOX.CO.UK RECEIVED FROM USER FOR THE MYPOSTBOX.CO.UK
SERVICE.
SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO USER.
Storage
Mypostbox.co.uk assumes no responsibility for the deletion or failure
to store, deliver or timely deliver messages. Mypostbox.co.uk has set
no fixed upper limit on the number of messages a member may send or receive
through the service; however, Mypostbox.co.uk retains the right to determine
whether or not Member's conduct is consistent with the letter and spirit
of the user agreement. Mypostbox.co.uk reserves the right to set limits
on the number of messages or their storage. This constitutes a change
to the user agreement and Mypostbox.co.uk will notify users of any changes
to the user agreement as stated in the Modification section below.
Infringement
User represents that the user id selected by the User, when used alone
or combined with a second or third level domain name, does not interfere
with the rights of any third party and is not being selected for any unlawful
purpose. User acknowledges and agrees that if such selection does interfere
with the rights of any third party or is being selected for any unlawful
purpose, Mypostbox.co.uk may immediately suspend the use of such Mypostbox.co.uk
e-mail address, and User will indemnify and hold Mypostbox.co.uk harmless,
in accordance with the Indemnification section above, for any claim or
demand against Mypostbox.co.uk that arises out of such selection. User
acknowledges and agrees that neither Mypostbox.co.uk nor any of its licensors
shall be liable to User in the event Mypostbox.co.uk is ordered or required,
as a result of a court order or legal settlement, or contractual requirement
with any licensor, to desist from using or permitting the use of a particular
domain name as part of a Mypostbox.co.uk e-mail address. If as a result
of such action, User loses an e-mail address, the User's sole remedy shall
be the receipt of a replacement Mypostbox.co.uk e-mail address.
Modification
Mypostbox.co.uk reserves the right to modify the Mypostbox.co.uk Service
as described in the Agreement and on the site, and to change the terms
and conditions of the Agreement. Mypostbox.co.uk will post the new Agreement
and updated descriptions of the Mypostbox.co.uk Service on the site and
will notify users when the Agreement has been changed. Continued use of
the Mypostbox.co.uk Service after such postings shall be deemed an acceptance
by the User to be bound by the terms of the modified Agreement. Users
not wishing to be bound by the modified Agreement or Mypostbox.co.uk Service
may terminate the Mypostbox.co.uk Service pursuant to the Termination
section below.
Termination
Mypostbox.co.uk Services may be terminated in whole or in part, effective
immediately, by either Mypostbox.co.uk or User at any time upon written
notice. Upon termination, User's right to use the Mypostbox.co.uk Service
immediately ceases, and Mypostbox.co.uk is not obligated to forward any
unread or unsent messages to User or any third party. Mypostbox.co.uk
shall not be liable to User or any third party for termination of the
Mypostbox.co.uk Service. In the case of a terminated paid Mypostbox.co.uk
Service ("Premium Service"), upon written request to Mypostbox.co.uk,.
There shall be no reimbursement or credit if the Mypostbox.co.uk Service
is terminated due to User's violation of the terms of this Agreement.
Mypostbox.co.uk reserves the right to terminate User's e-mail address
in the event that Mypostbox.co.uk's rights to use certain domain names
or e-mail addresses terminate or expire, in which case User shall receive
a replacement Mypostbox.co.uk e-mail address. In addition, Mypostbox.co.uk
retains the right, at Mypostbox.co.uk's sole discretion, to terminate
any and all parts of the Mypostbox.co.uk Service provided to User, without
refunding User for any annual fees paid but not yet accrued, if it determines
that User has failed to comply with any of the terms of the Acceptable
Use Policy. If Mypostbox.co.uk determines that User has failed to comply
with any of the terms in Section (a) above, of the Acceptable Use Policy,
Mypostbox.co.uk shall when appropriate, (1) facilitate criminal prosecution
against such User by referring User's spamming activity to the appropriate
legal authorities, and (2) bring a civil action against such User, who
shall be liable to Mypostbox.co.uk for any direct, indirect, special,
incidental, or consequential damages incurred by Mypostbox.co.uk as a
result of User's spamming or other prohibited activity.
Severability
If any provision hereof shall at any time be held to be void, invalid
or unenforceable, such provision shall be construed as severable and shall
not in any way affect or render void, invalid or unenforceable any other
provision of this Agreement, and this Agreement shall be carried out as
if such void, invalid or unenforceable provision were not part of this
Agreement.
Action Limit
User and Mypostbox.co.uk agree that any cause of action arising out of
or related to this Service must commence within one (1) year after the
cause of action arose; otherwise, such cause of action is permanently
barred.
No Waiver
No waiver on the part of Mypostbox.co.uk to exercise, and no delay in
exercising, any right, power or provision hereunder shall operate as a
waiver thereof, nor shall any single or partial exercise of any right,
power or provision hereunder preclude the exercise of that or any other
right, power or provision.
Mypostbox.co.uk Successors
and Assigns This Agreement shall be binding upon and inure to the benefit
of any Mypostbox.co.uk successor companies or assigns. Headings The headings
in this Agreement are for convenience only and shall not affect the meaning
or interpretation of this Agreement or any provision thereof. Entire Agreement
This Agreement contains the entire understanding of the parties with respect
to the subject matter hereof and supersedes all prior and contemporaneous
agreements and understandings, whether oral or written, relating to the
subject matter hereof.
Mypostbox.co.uk is
part of RW Communications Ltd and therefore all subscribers will also
be bond to the RW Communications Terms and conditions, copys available
upon request.
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