|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
These Terms and Conditions of Service constitute the full and complete agreement
("Agreement") between Coconut Tree Software, Inc., an Hawaii corporation ("CTSI"), and the entity or individual ("User") who
utilizes the bortnet.com smtp email service (the "Service").
1. ACCEPTABLE USE
User may utilize the Service for legitimate personal and business purposes, but shall not use the Service to conduct any
business or activity, or solicit the performance of any activity, which is prohibited by or would violate any applicable law
or legal obligation, or for purposes that may create civil or criminal liability, including but not limited to: (a) uses which
are defamatory, deceptive, obscene, or otherwise inappropriate; (b) uses that violate or infringe upon the rights of any other
person, such as unauthorized distribution of copyrighted material; (c) "spamming," sending unsolicited bulk e-mail messages,
sending unsolicited advertising or similar conduct; (d) threats to or harassment of another; (e) knowingly sending any virus,
worm, cancelbot, or other harmful component; and (f) violating U.S. export regulations by mailing abroad restricted data or
software. If User violates these rules or CTSI learns of other unlawful or harmful use of the Service by User, CTSI may
terminate User's account and take other action it deems appropriate, including notifying the authorities and suing for
damages.
User agrees to comply with all U.S. export control laws and their implementing regulations.
User agrees to avoid using the Service knowingly (i) in a manner which significantly and adversely affects the performance or
availability to others of the CTSI services, or (ii) in a manner that interferes in any way with CTSI's computers or
network security, or (iii) to attempt to gain unauthorized access to any unrelated person's computer system.
User shall immediately notify CTSI of any security breach in, or unauthorized use of, User's account.
2. FILE STORAGE AND USAGE LIMITS
User is responsible for creating and retaining copies of all files, data and other materials as may be necessary for
reconstruction of any files, information material or messages lost or mis-processed by CTSI.
User acknowledges that CTSI may establish general practices and limits concerning use of the Service, including without
limitation the maximum number of days that email messages will be retained by the Service, the maximum number of email
messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be
sent from or received by an account on the Service, the maximum disk space that will be allotted on CTSI's servers on your
behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of
time. You agree that CTSI has no responsibility or liability for the deletion or failure to store any messages and other
communications maintained or transmitted by the Service. You acknowledge that CTSI reserves the right to terminate accounts
that are inactive for an extended period of time.
All email limits are daily limits. Emails not used in one day do not carry over to the next day.
3. PRIVACY NOTICE
Pursuant to the Electronics and Communications Privacy Act of 1986, notice is hereby given that there are no facilities
provided by CTSI for sending or receiving private or confidential messages. User agrees that CTSI's operators and their
assigns may read all messages left by User whether or not they are the intended recipients. CTSI is not obligated to do
this, and normally will not do this, unless it becomes aware of a possible violation of this Agreement. CTSI also reserves
the right to terminate or suspend User's account if it is the unwitting recipient of "mailbombs" or other harmful devices that
could cause problems for the entire Service.
4. TERMINATION
The Services may be terminated, effective immediately, by either CTSI or User at any time (written,
e-mail or fax) to the other party. Upon termination User's right to use the Service immediately ceases, and CTSI is not
obligated to forward any unread or unsent messages to User or any third party. CTSI shall not be liable to User or any
third party for termination of the Service, even if it has been advised of the potential harm.
CTSI may terminate or suspend User's access to all or part of the Service, without notice, for any conduct that CTSI in
its sole discretion believes violates the above provisions on Acceptable Use, interferes with another User's enjoyment of a
Service, or is harmful to another User, third-party service providers, or CTSI.
User's only right, with respect to any dissatisfaction with any (i) term, policy, guideline, action or practice of CTSI,
(ii) content available through the Service or change therein, or (iii) imposition of fees for use of the Service, is to
terminate User's use of the Service by delivering notice of termination to CTSI.
User agrees that a subscription to the Service is not a right but a privilege and that a subscription is a contractual
relationship only.
5. INDEMNIFICATION BY USER
USER AGREES TO INDEMNIFY AND HOLD CTSI AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND THIRD-PARTY PROVIDERS HARMLESS AGAINST
ANY CLAIMS, LIABILITY, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES) ARISING FROM THE USER'S USE OF THE
SERVICE OR A VIOLATION OF THIS AGREEMENT. IN PARTICULAR, THE USER ACKNOWLEDGES THAT IT HAS FULL RESPONSIBILITY FOR THE CONTENT
OF EACH MESSAGE SENT USING ITS ACCOUNT.
6. LIMITED WARRANTY
USER AGREES THAT USE OF THE SERVICE IS AT ITS SOLE RISK. NEITHER CTSI NOR ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY
PROVIDERS OR OTHERS, WARRANT THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS
TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE.
THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE", BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR
WRITTEN INFORMATION GIVEN BY CTSI, ITS EMPLOYEES, AGENTS, REPRESENTATIVES, THIRD-PARTY PROVIDERS OR THE LIKE, SHALL CREATE
A WARRANTY.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CTSI OR ANYONE ELSE INVOLVED IN THE SERVICE BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE OR THAT RESULT FROM
DEFECTS, MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS IN OPERATION OR TRANSMISSION, VIRUSES, DELETION OF FILES OR E-MAIL, OR FOR
ANY LOSS OF PRIVACY OR CONFIDENTIALITY OF PRIVATE MESSAGES, HOWSOEVER CAUSED.
FURTHER, IN NO EVENT SHALL THE TOTAL LIABILITY OF CTSI, OR ITS EMPLOYEES, AFFILIATES, AGENTS OR THIRD-PARTY PROVIDERS, FOR
ANY DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EITHER JOINTLY OR
SEVERALLY, EXCEED THE AGGREGATE AMOUNT OF ANY FEES PAID BY THE USER FOR THE SERVICE. The foregoing provisions are for the
benefit of CTSI, its employees, directors, affiliates, agents and third-party providers, and each shall have the right to
assert and enforce the provisions directly on its own behalf.
8. AMENDMENTS AND ASSIGNMENTS
CTSI reserves the right to modify this Agreement, including changing or adding any fees or surcharges, at any time. Any
modification is effective upon five days notice to User either by a posting on the CTSI web site (www.bortnet.com) or by an
electronic mail message. If any modification to the Agreement is unacceptable to the User, the User is entitled to immediately
terminate this Agreement and its use of the Service. USER'S CONTINUED USE OF THE SERVICE FOLLOWING MODIFICATION TO
THE AGREEMENT SHALL BE CONCLUSIVELY DEEMED ITS ACCEPTANCE OF THE MODIFICATION.
The User may not assign, transfer, loan, rent, lease, license, or sublicense User's subscription to, and/or right to use, the
Service.
9. GENERAL
USER SHOULD READ THIS DOCUMENT CAREFULLY. BY USING THE SERVICE, USER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS.
IF USER DOES NOT WISH TO BE BOUND BY THESE TERMS,
USER SHOULD CEASE USING THE SERVICE AND IMMEDIATELY TERMINATE ITS USER ACCOUNT.
User certifies to CTSI that, if an individual, he/she is at least 18 years of age. A minor's parent or legal guardian may
authorize a minor's use of User's account under adult supervision and with assumption of all liabilities resulting from
minor's use.
This Agreement shall be governed by the laws of the State of Hawaii, excepting its conflicts of law rules. Each
party irrevocably consents to the exclusive jurisdiction of the courts of the State of Illinois and the federal
courts situated in Illinois in connection with any action arising under this Agreement or relating to the Service. ANY
CAUSE OF ACTION OF THE USER WITH RESPECT TO THE SERVICE MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CLAIM OR CAUSE OF
ACTION AROSE, OR BE BARRED.
This is the entire agreement between the User and CTSI and supersedes all prior correspondence or understandings between
the parties regarding the terms hereof.
In the event that any portion of the Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion
shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties,
and the remainder of the Agreement shall remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Agreement
shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice
shall act to modify any provision of the Agreement.
|
|
|
|
|
|
|
|
|
|
