| Conditions Of Use, Copyright and Disclaimer
Information |
AGREEMENT BETWEEN YOU AND LEGMAIL.COM
These conditions represent the terms and conditions for
using the LegMail.com service ("the service")
herein also know as LegMail.com. The service is provided
to you ("member") on the basis that you accept
the terms of this contract. It is a legal agreement and
it sets out your rights and obligations and those of LegMail.com.
By accessing the service or completing the registration
process you are confirming your agreement to be bound by
these terms and conditions. The service is wholly owned
by Denebrook Software ("the provider").
1. Description of the Service. LegMail.com
provides a service to store and access existing email accounts
("accounts")
over the Internet and mobile devices. The service can retrieves emails stored on those accounts and allows the member to
view, delete, reply, forward or store such emails on LegMail.com's
own system. The service is free for 30 days ("trial")
for each member and at the end of the trial the member
must either purchase a subscription plan ("subscription")
or cancel their account. LegMail.com retains the right
to terminate the trial service at its own discretion,
at any time, with no prior notice to the member. Excess
or malicious use may result in LegMail.com terminating
or blocking the service of the member without prior notice
and with no refund. Members are responsible for providing
their own Internet access and to pay any telephone or connection
charge associated with such access.
Each member has the right to cancel their subscription
with LegMail.com within seven days of the commencement
of the subscription. A full refund
will be issued upon confirmation of a valid cancellation
under such terms.
The order for the service and the completion of the contract
between the member and the provider will not be accepted
if we have notified you that we do not accept your order
or you have cancelled it in accordance with the instructions
in our Payment and
Refund Policy.
Non-acceptance of an order may be a result of, but not
limited to, one of the following:
- The product or service you have ordered being unavailable
- Inability of the provider to obtain authorization for
the member's payment
- Identification of a pricing or product description error
- The member not meeting the eligibility for the criteria
for a product, service, or to order as set out in these
Conditions of Use.
Please refer to the Payment
and Refund Policy for information on accepted payments
and further refund information.
2. Modification of these Terms of Use. LegMail.com
reserves the right to change the terms, conditions, and
notices under which the service is offered, including but
not limited to the charges associated with the use of the
services. Each member is responsible for regularly reviewing these
terms and conditions and additional terms posted on particular
web sites. Continued use of the the service constitutes
your agreement to all such terms, conditions, and notices.
3. Personal and Non-Commercial Use Limitation. Unless
otherwise specified, the service is for your personal and
non-commercial use. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information,
software, products or services obtained from the service.
Without the advance express written permission of LegMail.com,
you may not meta-search the LegMail.com web-sites
or service, send, or cause to be sent, any automated queries
of any sort to the LegMail.com web-sites or service, or
use the service in any commercial manner. Automated
queries shall include but not be limited to using
any software that sends queries to any LegMail.com web-site
or service to determine how a web site ranks on
any LegMail.com web-site or service.
4. Provision of the Service. LegMail.com will allow
each member to register a number of email accounts, that
number determined by the level of service at the sole discretion
of LegMail.com, that will be read and a consolidated view
provided on LegMail.com. Each member grants the right for
LegMail.com to access the accounts and are wholly responsible
for any access permissions or access charges that may be
incurred. Each member agrees to provide accurate, current
and complete information in the registration process, to
maintain and update the information. Each member also grants
LegMail.com the right to use certain information provided
by the member for verification and validation of the member.
If any information provided by the member is false or inaccurate,
LegMail.com retains the right to suspend the member's membership
and rights to use the service until accurate information
is obtained. Each member accepts that LegMail.com may from
time to time send details regarding use, updates or any
other information on the service by email to the member's
primary email account.
5. Use of the Service. Each member's right to use
the service is personal to that member and no member may
resell or make any commercial or business use of the service
(without the express prior consent of LegMail.com). In
particular, no member should abuse the service or use it
for any illegal purpose. The definition of abuse is at
the sole discretion of LegMail.com.
Each member agrees not to:
· Use LegMail.com in connection
with surveys, contests, pyramid schemes, chain letters,
junk e-mail, spamming or any duplicative or unsolicited
messages (commercial or otherwise).
· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights
of privacy and publicity) of others.
· Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene,
indecent or unlawful topic, name, material or information.
· Publish, post, upload, distribute or disseminate any topic, name, material or information that
incites discrimination, hate or violence towards one person or a group because of their belonging to
a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting
the existence of those crimes.
· Upload, or otherwise make available, files that contain images, photographs, software or other
material protected by intellectual property laws, including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights
thereto or have received all necessary consents to do the same.
· Use any material or information, including images or photographs, which is made available through
LegMail.com in any manner that infringes any copyright, trademark, patent, trade secret, privacy or publicity
right, or other proprietary right of any party.
· Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files,
or any other similar software or programs that may damage the operation of another's computer or property
of another.
· Download any file posted by another user of LegMail.com that you know, or reasonably should
know, cannot be legally distributed in such manner.
· Falsify or delete any author attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material contained in a file that is uploaded.
· Restrict or inhibit any other user from using LegMail.com.
· Violate any code of conduct or other guidelines which may be applicable for any particular LegMail.com
service.
· Harvest or otherwise collect information about others, including e-mail addresses.
· Violate any applicable laws or regulations.
· Create a false identity for the purpose of misleading others.
· Send unsolicited e-mail through third-party mail servers to relay your message or hide the origination
of your message or any other message to others.
· Use your e-mail accounts in the text of unsolicited e-mail messages or Web sites as an address
to which subscribers, members or other Internet users can respond.
· View, intercept, or attempt to intercept e-mail or other private communications not intended
for you.
LegMail.com reserves the right to review emails or files
stored and posted through the LegMail.com service and to
remove any emails or files in its sole discretion that
it believes are contrary to these Conditions of Use. LegMail.com
reserves the right at all times to edit, refuse to post
or to remove any information or materials, in whole or
in part. LegMail.com may also insert its own unique identifying
number into every email header to identify any email sent.
If LegMail considers a member has breached any part of
these Conditions of Use it reserves the right to immediately
suspend all activity on that member's account, including
but not limited to access to the web site, effective immediate
and without prior notice. Upon review by the provider,
at its sole discretion, if the member has been found to
be in material breach of these Conditions of Use then their
account will be terminated immediately and with no refunds
payable.
6. Member Password and Security. Each member will
receive or provide a password on registering for the service.
It is each member's responsibility to maintain the confidentiality
of that password and members are entirely responsible for
any activity which takes place under any of the addresses
registered in their name. If any member becomes aware of
any unauthorized use of any of its registered names and
addresses or any breach of security that member should
notify LegMail.com immediately.
7. Intellectual Property Rights. Each member acknowledges
that the content of the LegMail.com site which includes
but is not limited to text, software, and graphics is protected
by copyright and members are not entitled to copy or reproduce
or distribute any of the content without the express permission
of the provider. Each member acknowledges that in addition
to copyright, there are also trademarks and other intellectual
property rights in and relating to the service which are
owned by the provider, or other parties, and which are
not to be used without express permission.
8. Disclaimer of Warranties. LegMail.com
does not warrant that the service will meet any particular
requirements of the member, that the service will be
uninterrupted, that emails will be sent or received within
any particular time, or that the service will be secure
or error free. LegMail.com does not give any warranty
in respect of any goods or services purchased or obtained
through the service or any transactions entered into
through the service. LegMail.com may terminate your access
to any part or all of the service and any related service(s)
at any time, with or without cause, with or without notice,
effective immediately for any breach of these Conditions
of Use. Subscription fees or other payments will not
be refunded for any terminated account. LegMail.com may
also terminate or suspend a trial account, or any account
that has expired, for inactivity, which is defined as
failing to sign-in to the service for 14 consecutive days. LegMail.com shall have no obligation to
maintain any content in your account or to forward any
unread or unsent messages to you or any third party.
9. Limitation of Liability. Each member agrees
that he or she uses the service at their own risk. LegMail.com
will not accept any liability either in contract, tort
(including negligence) or otherwise for any direct, indirect,
incidental or consequential loss resulting from the use
or the inability to use the service. Nothing in these terms
and conditions limits LegMail.com's liability for death
or personal injury resulting from LegMail.com's negligence.
Each member agrees that any material and/or data downloaded
by a member is done so entirely at their own risk and each
member will be solely responsible for the consequences
of downloading any such material.
10. Indemnity. Each member agrees to indemnify
LegMail.com against all liabilities, claims and expenses
that may arise from any breach by them of these terms and
conditions and any liabilities claims and expenses incurred
by LegMail.com in connection with any claim, action or
proceeding brought by a third party as a result of the
member's use of the service.
11. 'Spam' Damages. LegMail.com
may immediately terminate any account that it determines,
in its sole discretion, is transmitting or is otherwise
connected with any ‘spam’ or
other unsolicited e-mail. In addition, because damages
are often difficult to quantify, if actual damages cannot
be reasonably calculated then the member agrees to pay LegMail.com
liquidated damages equal to ten British Pounds (10.00 GBP)
for each piece of ‘spam’ or unsolicited
e-mail transmitted from or otherwise connected with the member's
account. Otherwise the member agrees to pay 'LegMail.coms actual
damages, to the extent such actual damages can be reasonably
calculated. The member agrees that LegMail.com may request charges
or damages to be settled as soon as possible by appropriate
means.
11. Severability. If any of the provisions of this
contract are judged to be illegal, unreasonable or unenforceable,
the rest of these terms and conditions will continue to
apply. Any delay on the part of LegMail.com to enforce
its rights under this contract will not prejudice or restrict
its rights and no waiver of any such rights will be deemed
to be a waiver of any other right or of any later breach.
12. Notices. Any notices sent pursuant to this
agreement will be effective if sent by email to the member's
primary email address.
13. Applicable Law. These terms and conditions
will be governed in accordance with the laws of England
and Wales. Each member and LegMail.com agree to submit
to the exclusive jurisdiction of the courts of England
and Wales.
COPYRIGHT AND TRADEMARK NOTICES:
All content of the LegMail.com web sites and services
are: Copyright (c) 2002-2004. Denebrook Software.
TRADEMARKS: Java, Sun, Microsoft, Hotmail, MSN, AOL, Windows
and/or other products and services referenced herein are
recognized trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
Last updated 3 October 2005. |