 |
Please
read
END-USER
SERVICES AGREEMENT
|
This End-User Services Agreement ("Agreement")
including (Disclaimer of
Warranties), is an
agreement between you, an individual or an individual
acting on behalf of your employer, a corporation,
partnership, or other legal entity that will be using Flashmail’s
("User").
Flashmail services., is an Infomarine's On-Line
company service.
Infomarine On-Line
is located at 33 Akti Miaouli - Piraeus - Greece
("Company). Flashmail
services, as described below in this section
hereto (The "Services"), include proprietary materials,
the use of which is subject to the terms and conditions
of this Agreement.
1. ACKNOWLEDGMENT AND
ACCEPTANCE OF AGREEMENT
The Services,
provided by Company, are provided to User under the
terms and conditions of this Agreement and Exhibit A
hereto, any amendments to this Agreement and/or Exhibit
A, and any operating rules or policies that may be
published from time to time by Company, all of which are
hereby incorporated by reference. This Agreement
comprises the entire agreement between User and Company
regarding the use of Flashmail Services and supersedes any
prior agreements pertaining to the subject matter
contained herein.
2. FLASHMAIL THE
SERVICES
Company, is providing User
with any or all of the following services: (a) email
delivery; and (b) any other services which Company may
elect to provide on behalf of Client in the
future.
Company also reserves the right to modify or
discontinue, temporarily or permanently, the Services
with or without notice to User. User agrees that Company
and their third party service providers shall not be
liable to User or any third party for any modification
or discontinuance of the Services.
3.
USER'S REGISTRATION OBLIGATIONS
User
must be at least thirteen (13) years old to register for
the Services. In consideration of use of the Services,
User agrees to:
(a) provide true, accurate, current, and
complete information about User as prompted by the
registration form; and
(b) to maintain and update this
information to keep it true, accurate, current, and
complete. If any information provided by User
("Registration Data") is untrue, inaccurate, not
current, or incomplete, Company has the right to
terminate User's account and refuse any and all current
and/or future use of the Services.
4.
USE OF REGISTRATION DATA
User
acknowledges that Registration Data may to be shared
between Company and any 3rd Party service
providers if necessary to provide the service. Company
agrees not to contact User if User informs Company of
User's preference not to be contacted.
This Agreement includes the terms and
conditions of Company's Privacy Policy, a copy of which
is located at
http://www.flashmail.gr/newsletter/terms/terms.htm,
and which is hereby incorporated by reference. In the
event that there exists any inconsistency between this
Agreement and the Privacy Policy, the terms and
conditions of the Privacy Policy shall take
precedence.
5. USER
CONTENT
Company considers email
transmitted via the Services to be the private
correspondence of the sender. Company will not monitor,
edit, or disclose the contents of a User's private
communications, except that User agrees that Company may
do so: (a) as required by law; (b) to comply with legal
process; (c) if necessary to enforce this Agreement; (d)
to respond to claims that such contents violate the
rights of third parties; or (e) to protect the rights or
property of Company, its third party service providers,
or others.
User understands and
agrees that technical (and sometimes manual) processing
of email communications and any other information
supplied by User is and may be required: (a) to send and
receive messages; (b) to conform to the technical
requirements of connecting networks; (c) to conform to
the limitations of the Services; or (d) to conform to
other, similar technical requirements.
User
acknowledges and agrees that Company, Client and their
third party service providers do not endorse the content
of any User communications and are not responsible or
liable for any unlawful, harassing, libelous, privacy
invading, abusive, threatening, harmful, vulgar,
obscene, indecent, tortious, or otherwise objectionable
content, or content that infringes or may infringe the
intellectual property or other rights of
another.
6. USER NAME, MEMBER ACCOUNT,
PASSWORD AND SECURITY
User be provide a
username and password by company after completing the
registration process for the Services.
User
is responsible for maintaining the confidentiality of
the password and account, and is fully responsible for
all activities that occur under User's account. User
agrees to immediately notify Company of any unauthorized
use of User's password or account or of any other breach
of security.
6.1.
PAYMENT
User
can sign-up for Flashmail services on a monthly subscription
basis. A user account can only be created after
receiving payment. Payments cannot be refunded. User can
terminate the subscription and user account any time by
sending an email indicating that he wants the
subscription to be terminated.
7. USER
CONDUCT
User agrees to abide by all
applicable local, state, national, and international
laws and regulations during use of the Services, and
agrees not to interfere with the use and enjoyment of
the Services by other users. User agrees to be solely
responsible for the contents of User's private and
public communications, whether uploaded, posted,
emailed, or otherwise transmitted through the
Services.
User agrees: (a) not to use the
Services for illegal purposes; (b) not to interfere with
or disrupt the Services or servers or networks connected
to the Services; (c) to comply with all requirements,
procedures, policies, and regulations of networks
connected to the Services; (d) not to resell the
Services or use of or access to the Services; and (e) to
comply with all applicable laws regarding the
transmission of technical data exported from the United
States.
User agrees not to upload, email,
or otherwise transmit through the Services: (a) any
unlawful, harassing, libelous, privacy invading,
abusive, threatening, harmful, vulgar, obscene,
indecent, tortuous, or otherwise objectionable material
of any kind; (b) any material that violates the rights
of another, including, but not limited to, the
intellectual property rights of another; (c) any
material that violates any applicable local, state,
national, or international law or regulation; or (d)
unsolicited or unauthorized advertisements, promotional
materials, "junk mail," "spam," "chain letters," or
other forms of solicitation. User agrees not to attempt
to gain unauthorized access to other computer systems or
networks connected to the Services. User acknowledges
and agrees that Company may ban User from future use of
the Services if User does not comply with Company's
standards of conduct, even if User attempts to use the
Services through another Client or under a different
name. Furthermore, User acknowledges and agrees that
Company may recover damages from User if User violates
these terms.
8.
INDEMNITY
User agrees to indemnify and
hold Company and their third party service providers,
and their parents, subsidiaries, affiliates, officers,
and employees, 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
Services, User's connection to the Services, User's
violation of this Agreement, or User's violation of any
rights of another party.
9. STORAGE OF
COMMUNICATIONS
Company and its third
party service providers assume no responsibility for the
deletion or failure to store email messages,
communications, or other content maintained or
transmitted through the Services. Company may establish
in its sole discretion an upper limit on the extent of
message storage it will maintain for
User.
10.
TERMINATION
(a) User agrees that
Company or its third party service providers may
terminate User's password, account, or use of the
Services if Company or its third party service providers
believe: (i) that User has violated or acted
inconsistently with the letter or spirit of this
Agreement; or (ii) that User has violated the rights of
Company or its third party service providers or other
Users or parties. User further agrees that Company and
its third party service providers may terminate User's
password, account, or use of the Services when User
fails to provide payment for the
service.
(b) User agrees Company and Client
may immediately delete User's account and all related
information, communications, and files, and may bar any
further access to such account, communications, files,
or the Services under any provision of this Agreement.
User also acknowledges and agrees that termination of
any of the Services may be effected without prior
notice.
11. LINKS
The
Services may provide, or users may include in email,
links to other Web sites or resources. However, User
agrees not to include in email (or elsewhere via the
Services) any "deep link" which leads to a web page,
other than the home page, of another party's web site
unless such a link is authorized by the owner of that
web site. User acknowledges and agrees that Company and
its third party service providers are not responsible
for the availability of such external sites or
resources, or for User's use of deep links, and that
Company, Client, and their third party service providers
do not endorse and are not responsible or liable for any
content, advertising, products, or other materials on or
available from such sites or resources.
12. COMPANY'S PROPRIETARY
RIGHTS
User acknowledges and agrees
that content, including, but not limited to, text,
software, music, sound, photographs, graphics, video, or
other material contained in sponsor advertisements or
information presented to User through the Services or
third party advertisers is protected by copyrights,
trademarks, service marks, patents, or other proprietary
rights and laws. User acknowledges and agrees that User
is permitted to use this material and information only
as expressly authorized by Company or advertisers, as
applicable, and may not copy, reproduce, transmit,
distribute, or create derivative works of such content
or information without such express
authorization.
13. DISCLAIMER OF
WARRANTIES
(a) USER EXPRESSLY AGREES
THAT USE OF THE SERVICES IS AT USER'S SOLE RISK. THE
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS.
(b) COMPANY AND ITS THIRD PARTY
SERVICE PROVIDERS EXPRESSLY DISCLAIM 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.
(c) COMPANY AND ITS THIRD
PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT THE
SERVICES WILL MEET USER'S REQUIREMENTS OR THAT THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE; NOR DOES COMPANY OR ITS THIRD PARTY SERVICE
PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THE SERVICES, OR THAT DEFECTS IN THE SOFTWARE
WILL BE CORRECTED.
(d) USER UNDERSTANDS AND
AGREES THAT ANY INFORMATION, CONTENT, DATA, OR OTHER
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR
FROM THE SERVICES IS OBTAINED AT USER'S OWN DISCRETION
AND RISK, AND THAT USER WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO USER'S COMPUTER SYSTEM OR ANY LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR
DATA.
(e) COMPANY AND ITS THIRD PARTY
SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS
OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE
SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE
SERVICES.
(f) NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM COMPANY
OR ITS THIRD PARTY SERVICE PROVIDERS, OR THROUGH OR FROM
THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED HEREIN.
(g) SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE
SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO SOME
USERS.
14. LIMITATION OF
LIABILITY
(a) USER AGREES THAT
COMPANYAND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE
INABILITY TO USE THE SERVICES, OR FOR COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR
RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR
OBTAINED, OR FROM MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICES, OR RESULTING
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S
TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER
INTANGIBLES, EVEN IF COMPANY OR ITS THIRD PARTY SERVICE
PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
(b) USER FURTHER AGREES THAT
COMPANY AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT
BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION,
SUSPENSION, OR TERMINATION OF SERVICES, INCLUDING, BUT
NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL
CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH
INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED
OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR
ADVERTENT.
(c) User acknowledges that
Pursuant to Section 512 of the Digital Millennium
Copyright Act, Company has a policy providing for
termination of Services to account holders who are
repeat offenders. However, USER ACKNOWLEDGES AND AGREES
THAT IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY
DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT
LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT
OF COMPLIANCE OR REASONABLE ATTEMPTS TO: (i) COMPLY WITH
UNITED STATES COPYRIGHT ACT; OR (ii) SATISFY
REQUIREMENTS TO QUALIFY FOR THE SAFE HARBORS DESIGNATED
IN SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT
ACT.
(d) IN NO EVENT SHALL COMPANY BE
LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS
AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS OF
$50.
(e) SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO SOME
USERS.
(h) Company may place limits on mail
a user can send in a given period of time in order to
protect the health of the company's network. These
limitations may be different by the account type user
has ordered.
15.
AMENDMENT
Company may modify this
Agreement at any time, and such modifications shall be
effective immediately upon posting or other method of
notification to User, which notice may be provided on
the Web pages through which User accesses or uses the
Services. User's continued access or use of the Services
shall be deemed to be User's conclusive acceptance of
the modified Agreement.
16.
GENERAL
Company's third party service
providers are intended beneficiaries of this Agreement.
This Agreement and the relationship between User and
Company shall be governed by the laws of the State of
Nevada without regard to its conflict of law provisions.
User and Company agree to submit to the personal and
exclusive jurisdiction of the courts located within the
state of Nevada. The failure of Company and its third
party service providers to exercise or enforce any right
or provision of this Agreement shall not constitute a
waiver of such right or provision. If any provision of
this Agreement is found by a court of competent
jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision
and rule that the other provisions of this Agreement
remain in full force and effect. User agrees that
regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to
use of the Services or this Agreement must be filed
within one (1) year after such claim or cause of action
arose or be forever barred.
Exhibit
A
This
agreement is subject to change without further
notice.