Terms of Service
1.ACCEPTANCE
OF TERMS
By subscribing to Haigmail.com's Internet
services, you agree to be bound by all of
the following terms and conditions (the
"Terms of Service"), which may
be updated by us from time to time without
notice to you. You also agree to be bound
by any other terms or policies stated anywhere
on www.haigmail.com, which may be updated
by us from time to time without notice to
you.
2. DESCRIPTION
OF SERVICE
Haigmail.com provides users with Internet
based services (the "Service"),
including, without limitation, email, DNS,
domain name registration, and web site hosting.
The Service provides users with unique email/web
address (es). Users may access, compose
and manage messages and web sites via the
web. Please refer to our web site at www.haigmail.com
for a complete list of service offerings
and products.
3. REGISTRATION
OBLIGATIONS
In consideration of the use of the Service,
you agree to: (a) provide true, current,
accurate and complete information as prompted
by the registration form; and (b) maintain
and update this information as required
to keep it current, complete and accurate.
If any information provided by you is inaccurate,
not current or incomplete, HaigMail.com
retains the right to suspend or terminate
your enrolment and rights. Furthermore,
you acknowledge that you are responsible
for maintaining the confidentiality of your
account and login password. You are responsible
for all uses of your account, whether or
not actually or expressly authorized by
you.
4. MEMBER
CONDUCT
You may be either an individual or a corporation
or business entity, but you agree not to
resell the use of the Service, in whole
or in part. You agree to be solely responsible
for the content of your transmissions through
the Service. You acknowledge that Haigmail.com
simply acts as a passive conduit for the
distribution and transmission of data. Your
use of the Service is subject to all applicable
local, national and international laws and
regulations. Furthermore, you agree to abide
by all rules and regulations described in
the Policy section of the Haigmail.com web
site, and you recognize that violation of
any such rules and regulations shall be
cause for termination of your account at
the discretion of Haigmail.com without notice
to you and with forfeit of any subscription
fees. You agree not to:
Use the Service in connection
with chain letters, junk email, spamming
or any duplicative or unsolicited messages.
Harvest or otherwise collect information
about others, including email addresses,
without their consent.
Create a false identity or forged email
address or header, or otherwise attempt
to mislead others as to the identity of
the sender or the origin of the message.
Transmit through the Service unlawful, harassing,
libellous, abusive, threatening, harmful,
vulgar, obscene or otherwise objectionable
material of any kind or nature.
Transmit any material that may infringe
the intellectual property rights or other
rights of third parties, including trademark,
copyright or right of publicity.
Transmit any material that contains viruses,
Trojan horses, worms, time bombs, cancelbots,
or any other harmful or deleterious programs.
Violate any U.K. law regarding the transmission
of technical data or software exported from
the United Kingdom through the Service.
Interfere with or disrupt networks connected
to the Service or violate the regulations,
policies or procedures of such networks.
Attempt to gain unauthorized access to the
Service, other accounts, computer systems
or networks connected to the Service, through
login password mining or any other means.
Interfere with another member's use and
enjoyment of the Service or another entity's
use and enjoyment of similar services.
5. GENERAL PRACTICES
REGARDING USAGE AND STORAGE
You acknowledge that Haigmail.com may establish
general practices and limits concerning
use of the Service, including, without limitation,
the maximum number of messages that may
be sent from or received by an account on
the Service, the maximum disk space that
will be allotted on Haigmail.com'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 Haigmail.com has
no responsibility or liability for the deletion
or failure to store any messages, web sites,
data, and other communications maintained
or transmitted by the Service. You acknowledge
that Haigmail.com reserves the right to
log off accounts that are inactive for an
extended period of time. You further acknowledge
that Haigmail.com reserves the right to
change these general practices and limits
at any time, in our sole discretion, with
or without notice to you. We reserve the
right to refuse service to anyone for any
reason, with or without cause.
6. FORCE
MAJEURE
Haigmail.com is excused from any failure
or delay in performance of responsibilities
otherwise imposed by these Terms and Conditions
for any cause beyond its reasonable control.
Such causes include, without limitation,
fires, floods, storms, earthquakes, civil
disturbances, disruption of telecommunications,
transportation, utilities or necessary supplies,
governmental action, computer viruses, hardware/software
failures and incompatible or defective equipment,
software or services not supplied by Haigmail.com.
Nothing herein enlarges any warranty or
diminishes any disclaimer provided in Section
7 ("Warranties").
7.
WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE
IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE"
BASIS. HAIGMAIL.COM 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.
HAIGMAIL.COM MAKES NO WARRANTY THAT THE
SERVICE WILL MEET YOUR REQUIREMENTS, OR
THAT THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES
HAIGMAIL.COM 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 COMMUNICATIONS OR TRANSMISSIONS,
OR THE ACCURACY OF ANY TRANSLATION OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA, OR THE ACCURACY
OF ANY INFORMATION OBTAINED THROUGH THE
SERVICE OR THAT DEFECTS IN THE SOFTWARE
WILL BE CORRECTED. YOU UNDERSTAND AND AGREE
THAT ANY MATERIAL AND/OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH MATERIAL AND/OR DATA. HAIGMAIL.COM
MAKES NO WARRANTY REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH THE
SERVICE OR ANY TRANSACTIONS ENTERED INTO
THROUGH THE SERVICE. HAIGMAIL.COM ASSUMES
NO RESPONSIBILITY FOR THE DELETION OR FAILURE
TO STORE MESSAGES, WEB SITES, OR ANY USER
DATA. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM HAIGMAIL.COM
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 YOU.
8. LIMITATION
OF LIABILITY
IN NO EVENT SHALL HAIGMAIL.COM OR ITS SUPPLIERS
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING
FROM THE USE OR THE INABILITY TO USE THE
SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES OR RESULTING FROM ANY
GOODS OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH THE SERVICE OR RESULTING FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN
IF HAIGMAIL.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
9. INDEMNIFICATION
You agree to indemnify and hold Haigmail.com,
its parents, subsidiaries, affiliates, officers
and employees, harmless from any claim,
demand or damage, including reasonable attorneys'
fees, made by any third party due to or
arising out of your use of or conduct on
the Service.
10. TERMINATION
Haigmail.com may terminate the Service with
or without cause at any time. By way of
example, and not as a limitation, Haigmail.com
may terminate your account for unacceptable
content, if Haigmail.com believes you have
violated the letter or spirit of the Terms
of Service, or if Haigmail.com decides,
in its sole discretion, to discontinue offering
the Service. Upon termination of the Service,
your right to use the Service immediately
ceases. Haigmail.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. You agree that
any termination of your access to the Service
may be effected without prior notice. You
agree that if your account is terminated
due to any violation of these Terms of Service
by you or on your behalf that you immediately
forfeit any fees you may have paid for the
Service.
11. PROPRIETARY
RIGHTS
You acknowledge that content, including,
but not limited to text, software, music,
sounds, photographs, videos, graphics or
other material contained in information
presented to you through the Service may
be protected by copyrights, trademarks,
service marks, patents or other proprietary
rights and laws.
12. GENERAL
TERMS
These Terms of Service will be governed
by and construed in accordance with the
laws of the United Kingdom, without giving
effect to its conflict of laws or provisions
of your actual country of residence. If
any provision of the Terms of Service is
held to be invalid or unenforceable, such
provision shall be struck and the remaining
provisions shall be enforced. Haigmail.com's
failure to act with respect to a breach
by you or others does not waive our right
to act with respect to subsequent or similar
breaches. The section titles in the Terms
of Service are for convenience only and
have no legal or contractual effect.