MailStart Usage Terms and Conditions

Usage of the MailStart (http://www.mailstart.com/) Service Implies Consent to the Following Terms and Conditions.

1. Service Usage Requirements
User certifies to MailStart that, if they are 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 email account under adult supervision and with assumption of all liabilities resulting from minor's use.

2. 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," see section 3; (d) threats to or harassment of another; (f) violating U.S. export regulations by mailing abroad restricted data or software. If User violates these rules or MailStart learns of other unlawful or harmful use of the Service by User, MailStart may take any action deemed appropriate to prevent this activity from occurring again, 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 MailStart services, or (ii) in a manner that interferes in any way with MailStart's computers or network security, or (iii) to attempt to gain unauthorized access to any unrelated person's computer system.
User shall immediately notify MailStart of any security breach in, or unauthorized use of, User's account.

3. Spamming
Spamming is prohibited. Spamming includes the transmission of any form of mail that can be interpreted as junk mail or mail generated via a distribution list which the recipient has not specifically requested. You agree not to use the service for the transmission of "junk mail", "spam", "chain letters", "solicitations" (commercial or non-commercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process.

4. Description of Service
MailStart is providing User with a capability to retrieve information by electronic mail ("email") via World Wide Web and on MailStart's own system from a remote site without the need to create an account on the MailStart system.

MailStart will not charge User for this Service.

Users understands that it is their sole responsibility to:
  1. Provide all equipment (modem/computer) necessary to set up the connection to the World Wide Web.
  2. Provide for own access to the World Wide Web
  3. Pay all related telephone service fees in respect with such access
  4. Pay all Internet service provider's charges in respect with such access.
  5. Have an email account that supports the POP3 protocol and is not protected behind a firewall (such devices make it impossible for MailStart to access Users email)

5. Amendments and Modification to the Terms and Conditions
MailStart 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 MailStart web site (www.mailstart.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, as provided in Section 5 below. USER'S CONTINUED USE OF THE SERVICE FOLLOWING MODIFICATION TO THE AGREEMENT SHALL BE CONCLUSIVELY DEEMED ITS ACCEPTANCE OF THE MODIFICATION.

6. Privacy Policy
All information gathered during a User session is discarded upon user log out or session expiration which is defined as a period of inactivity for 10 minutes.
MailStart will stamp the users IP address to every email sent from the system as a means for the recipient to locate the sender.
In addition, all information outlined in the posted MailStart Privacy Policy (http://mailstart.com/privacy.asp) applies here as well.

7. Indemnification
USER AGREES TO INDEMNIFY AND HOLD MAILSTART 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

8. Limited Warranty
USER AGREES THAT USE OF THE SERVICE IS AT ITS SOLE RISK. NEITHER MAILSTART 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 MAILSTART, ITS EMPLOYEES, AGENTS, REPRESENTATIVES, THIRD-PARTY PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY.

9. Limited Liability
USER AGREES THAT MAILSTART 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 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 USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF MAILSTART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

USER FURTHER AGREES THAT MAILSTART SHALL NOT BE LIABLE FOR ANY DAMAGE ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE OR LOSS OF INFORMATION, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

IF THE USER IS DISSATISFIED WITH THE MAILSTART SERVICE OR WITH THE MATERIALS AVAILABLE ON OR THROUGH THE MAILSTART SERVICE OR WITH ANY OF MAILSTART'S SERVICE TERMS, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MAILSTART SERVICE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE CALIFORNIA LAW, MAILSTART EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, CORRESPONDENCE TO DESCRIPTION AND FITNESS FOR A PARTICULAR PURPOSE.

10. INDEMNIFICATION AND DAMAGES RECOVERY
USER AGREES TO INDEMNIFY AND HOLD MAILSTART, 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 USER'S USE OF THE SERVICE, USER'S CONNECTION TO THE SERVICE, THE VIOLATION OF THIS SERVICE TERMS BY USER, OR THE UNAUTHORISED USE BY THE USER OF ANOTHER USER'S OR THIRD PARTIES' PASSWORD, OR THE INFRINGEMENT BY USER, OR OTHER USER OF THE SERVICE USING USER'S COMPUTER, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.

SPAMMING IS EXPRESSLY PROHIBITED AND DAMAGING. USER AGREES WITH MAILSTART THAT DAMAGES AS A RESULT OF SPAMMING OR ANY OTHER ACTION OF SENDING UNSOLICITED EMAIL IS DIFFICULT TO QUANTIFIY AND THEREFORE THE USER AGREES TO PAY MAILSTART LIQUIDATED DAMAGES OF US$7.00 FOR EACH PIECE OF SPAM OR UNSOLICITED EMAIL TRANSMITTED BY THE USER FROM THE MAILSTART NETWORK.

11. ADVERTISING
User acknowledges that all correspondence with or participation in promotions of the Advertisers showing their products on the Service 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 User and the Advertiser. MailStart disclaims all liabilities, obligations or responsibilities for any part of any such correspondence or promotion. User agrees not to hold MailStart liable for any loss or damage or any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

12. LAW AND JURISDICTION
The TERMS OF SERVICE shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of law provisions.

User and MailStart agree to submit to the exclusive jurisdiction of the courts of the state of California.

If any provision(s) of the SERVICE TERMS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

User and MailStart agree that any cause of action arising out of or related to this Service must commence within six (6) months after the cause of action arose; otherwise, such cause of action is permanently barred.