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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.