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Acceptable Use Policy
All services provided by SMTP Anywhere ("SMTPAnywhere") are provided to you (the "Client") under the Terms and Conditions set forth in this Acceptable Use Policy ("AUP") and any other operating rules and policies set forth by SMTPAnywhere. The AUP comprises the entire agreement between the Client and SMTPAnywhere and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "Accept" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE AUP.
2. DESCRIPTION OF SERVICE
SMTPAnywhere is providing the Client with various electronic messages relay services. The Client must (1) provide all equipment necessary for its own Internet connection, including computer and modem, and (2) provide for the Client´s own access to the Internet and pay any fees related with such connection. The Client agrees to provide and maintain certain current, complete, and accurate information about the Client as prompted to do so by the Service. All information requested on sign-up shall be referred to as registration data ("Registration Data"). Furthermore, the Client grants SMTPAnywhere the right to disclose certain Registration Data about the Client and Service information where required to do so by any applicable law or legal process. If any information provided by the Client is inaccurate, SMTPAnywhere reserves the right to terminate the Client´s Clientship and right to use the Service, with or without notification to the Client.
3. MODIFICATIONS TO ACCEPTABLE USE POLICY
SMTPAnywhere reserves the right to change the terms and conditions of this AUP as necessary. SMTPAnywhere expects the Client to actively ensure that it agrees to the current AUP, and a modification date will be posted on any and all copies of the AUP. Please note that the Client´s use of the Service constitutes an acknowledgement by the Client to follow and be bound by the AUP and any modifications.
4. MODIFICATIONS TO SERVICE
SMTPAnywhere reserves the right to modify or discontinue the Service with or without notice to the Client. SMTPAnywhere shall not be liable to the Client or any third party should SMTPAnywhere exercise its right to modify or discontinue the Service.
5. PRIVACY POLICY
Please see the Privacy Policy for information on SMTPAnywhere´s policies regarding the Client´s personal and user information.
6. PURCHASE AND REFUND POLICY
See our detailed Refund Policy for information on SMTPAnywhere´s policies regarding refunds of purchases. No purchase shall exempt the Client from any part of this AUP.
7. CLIENT ACCOUNT, PASSWORD, AND SECURITY
Once you become a Client of the Service, you shall receive a password and an account. You are entirely responsible for any and all activities which occur under your account. You may change your password at any time by following the instructions put forth elsewhere on the web site; you may also set up a new account and close an old account at your convenience. The Client agrees to immediately notify SMTPAnywhere of any unauthorized use of the Client´s account or any other breach of security known to the Client.
8. DISCLAIMER OF WARRANTIES
THE CLIENT EXPRESSLY AGREES THAT THIS WEBSITE AND THE USE OF THE SERVICE IS AT THE CLIENT´S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SMTPANYWHERE EXPRESSLY DISCLAIMS 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. SMTPANYWHERE MAKES NO WARRANTY THAT THE SERVICE WILL MEET THE CLIENT´S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES SMTPANYWHERE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE CLIENT´S OWN DISCRETION AND RISK AND THAT THE CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE CLIENT´S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SMTPANYWHERE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR IN ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE CLIENT FROM SMTPANYWHERE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE CLIENT.
9. LIMITATION OF LIABILITY
SMTPANYWHERE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR DOMAINS MOVED OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF THE CLIENT´S TRANSMISSIONS OF DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE, EVEN IF SMTPANYWHERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE CLIENT.
10. NO RESALE OF THE SERVICE
The Client´s right to use the Service is personal to the Client. The Client agrees not to resell the Service without the express consent of SMTPAnywhere.
11. HOST CONTENT AND OTHER LIMITATIONS
SMTPAnywhere assumes no responsibility for the content of any material which transits or is hosted on the hosts provided from the Service. SMTPAnywhere has no control over these material or data or other material provided on external hosts; however, SMTPAnywhere retains the right, on SMTPAnywhere´ sole discretion, to determine whether or not the Client´s conduct is consistent with the letter and spirit of the AUP and may terminate the Service if the Client´s conduct is found to be inconsistent with the AUP.
12. CLIENT CONDUCT
The Client is solely responsible for the contents of his/her usage of the Service. The Client´s use of the Service is subject to all applicable local, state, federal, and international laws and regulations. The Client agrees: (1) to comply with all local, state, and federal laws regarding the transmission of technical data exported from the United States through the service; (2) not to use the Service for illegal purposes; (3) not to interfere with or disrupt networks connected to the Service; and (4) to comply with all regulations, policies, and procedures of networks connected to the Service. The Client´s conduct is subject to Internet regulations, policies, and procedures. The Client will not use the Service for illegal software, illegal pornography, spamming, linkspamming, spamdexing, or any use of distribution lists to any person who has not given specific permission to be included in such a process. For purposes of this AUP, facilitation of the illegal distribution of copyrighted materials, through operation of a "hub", "tracker", or other filesharing mechanism, shall be considered identical to the actual illegal distribution of those copyrighted materials. The Client agrees not to transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. A cleanup fee of US$100.00/hour (minimum 4 hours) may be assessed by SMTPAnywhere for violation of these terms. The Client further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. The Client shall not interfere with another Client´s use and enjoyment of the Service or another entity´s use and enjoyment of similar services. SMTPAnywhere may, at its sole discretion, immediately terminate the Service should the Client´s conduct fail to conform to the terms and conditions of the AUP.
13. INDEMNIFICATION
The Client agrees to indemnify and hold SMTPAnywhere, its 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 the Client´s use of the Service, the violation of this AUP by the Client, or the infringement by the Client, or other user of the Service using the Client´s computer, of any intellectual property or any other right of any person or entity.
14. TERMINATION
Either the Client or SMTPAnywhere may terminate the Service with or without cause at any time and may do so immediately. SMTPAnywhere shall not be liable to the Client or any third party for termination of the Service. Should the Client object to any terms or conditions of the AUP or any subsequent modifications thereto or become dissatisfied with the Service in any way, the Client´s only recourse is to immediately: (1) discontinue use of the Service; (2) terminate the Client´s Clientship; and (3) notify SMTPAnywhere of the Client´s termination. Upon termination of the Service, the Client´s right to use the Service immediately ceases. The Client shall have no right and SMTPAnywhere will have no obligation thereafter to handle domains or hosts for the Client or any third party related to that Client. For account deletion , email sales@smtpanywhere.net.
15. NOTICE
All notices to a party shall be sent via e-mail or first-class mail. SMTPAnywhere may or may not broadcast notices or messages through the Service to inform the Client of changes to the AUP, the Service, the Website or other substantive changes; such broadcasts shall constitute notice to the Client.
16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
The SMTPAnywhere Website or the Service may include links to websites of advertisers, sponsors or partners (the "Advertisers"), but inclusion of these links does not constitute SMTPAnywhere´ endorsement of those websites. SMTPAnywhere has no control over the content of those websites or the collection and usage of personal information at or by those websites and therefore has no liability to the Client or any third parties for transactions on websites other than the SMTPAnywhere website.
The Client may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between the corresponding Client and the Advertiser. SMTPAnywhere assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion.
17. PROPRIETARY RIGHTS TO CONTENT
The Client acknowledges that the Content, including but not limited to text, software, music, sound, photographs, video, graphics, or other material contained in either sponsor advertisements or e-mail-distributed, commercially produced information presented to the Client by the Service by SMTPAnywhere or SMTPAnywhere´s Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Client is only permitted to use this Content as expressly authorized by the Service or the Advertisers. The Client may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertisers.
Policy Last Modified: February 15, 2006 |
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