NetActiv8 POP3 Email Account Terms & Conditions

Last updated: Tuesday, 4 January, 2005

AGREEMENT BETWEEN YOU AND NETACTIV8

NetActiv8 POP3 Email Accounts are email accounts allowing customers to send and receive email through NetActiv8 email servers. These Terms & Conditions applies to the NetActiv8 POP3 Email Accounts and do not apply to the content of third parties.  NetActiv8 POP3 Email Accounts are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the NetActiv8 POP3 Email Accounts constitutes your agreement to all such terms, conditions, and notices.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

NetActiv8 POP3 Email Accounts require you to use a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify NetActiv8 immediately of any unauthorized use of your account or any other breach of security. NetActiv8 will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by NetActiv8 or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

MODIFICATION OF THESE TERMS OF USE

NetActiv8 reserves the right to change the terms, conditions, and notices under which the NetActiv8 POP3 Email Accounts are offered. You are responsible for regularly reviewing these Terms & Conditions and additional terms posted on particular websites. Your continued use of the NetActiv8 POP3 Email Accounts constitutes your agreement to all such terms, conditions, and notices.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the NetActiv8 POP3 Email Accounts, you will not use the NetActiv8 POP3 Email Accounts for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the NetActiv8 POP3 Email Accounts in any manner that could damage, disable, overburden, or impair any NetActiv8 Site/Service(s) (or the network(s) connected to any NetActiv8 Site/Service(s)) or interfere with any other party's use and enjoyment of any NetActiv8 Site/Service(s). You may not attempt to gain unauthorized access to any NetActiv8 Site/Service, other accounts, computer systems or networks connected to any NetActiv8 Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the NetActiv8 Sites/Services.

USE OF SERVICES

You agree to use the NetActiv8 POP3 Email Accounts only to send and receive messages and material that are proper and, you will not:

·          Use the NetActiv8 POP3 Email Accounts in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

·          Use the NetActiv8 POP3 Email Accounts to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

·          Use the NetActiv8 POP3 Email Accounts to distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

·          Use the NetActiv8 POP3 Email Accounts to distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.

·          Use the NetActiv8 POP3 Email Accountsto distribute, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.

·          Use the NetActiv8 POP3 Email Accounts to distribute, or otherwise make available files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

·          Violate any applicable laws or regulations.

·          Create a false identity for the purpose of misleading others.

 NetActiv8 has no obligation to monitor the NetActiv8 POP3 Email Accounts. However, NetActiv8 reserves the right to review materials passing through this service and to remove any materials in its sole discretion. NetActiv8 reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

NetActiv8 reserves the right at all times to disclose any information as NetActiv8 deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to send or to remove any information or materials, in whole or in part, in NetActiv8's sole discretion.

LIABILITY DISCLAIMER

YOU SPECIFICALLY AGREE THAT NETACTIV8 SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A NETACTIV8 POP3 ACCOUNT. YOU SPECIFICALLY AGREE THAT NETACTIV8 IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT NETACTIV8 IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A NETACTIV8 POP3 AVVOUNT BY ANY THIRD PARTY.

IN NO EVENT SHALL NETACTIV8 AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE NETACTIV8 POP3 ACCONTS, WITH THE DELAY OR INABILITY TO USE THE NETACTIV8 POP3 ACCONTS OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE NETACTIV8 POP3 ACCONTS, OR OTHERWISE ARISING OUT OF THE USE OF THE NETACTIV8 POP3 ACCONTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NETACTIV8 OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NETACTIV8 POP3 ACCONTS, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NETACTIV8 POP3 ACCONTS.

STORAGE SPACE AND OTHER LIMITATIONS

You agree that NetActiv8 may establish limits concerning use of any NetActiv8 POP3 Account, including without limitation the maximum number of days that e-mail messages will be retained by any NetActiv8 POP3 Account, the maximum number of e-mail messages that may be sent from or received by an account, the maximum size of an e-mail message that may be sent from or received by an account, the maximum disk space that will be allotted on NetActiv8's servers on your behalf, and the maximum number of times and duration you may access any NetActiv8 POP3 Account in a given period of time.

You agree that NetActiv8 has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any NetActiv8 POP3 Account. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any NetActiv8 POP3 Account may change at any time. You acknowledge that NetActiv8 reserves the right to sign out, terminate or delete your accounts if they are "inactive" for an extended period of time. "Inactive" means that you have not signed in for an extended period of time, as determined by NetActiv8, in its sole discretion.

NetActiv8 MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

TERMINATION/ACCESS RESTRICTION

NetActiv8 reserves the right, in its sole discretion, to terminate your access to any NetActiv8 POP3 Account at any time, without notice. NetActiv8 may also terminate or suspend your access to a NetActiv8 POP3 Account for inactivity, as set forth, above, in "Storage Space and Other Limitations." NetActiv8 shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

NO SPAM; DAMAGES

NetActiv8 may immediately terminate any account which it determines, in its sole discretion, is transmitting or is otherwise connected with any 'spam' or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay NetActiv8 liquidated damages of five pounds stirling (UK£5.00) for each piece of 'spam' or unsolicited bulk email transmitted from or otherwise connected with your account. Otherwise you agree to pay NetActiv8's actual damages, to the extent such actual damages can be reasonably calculated.

GENERAL

Claims for enforcement, breach or violation of duties or rights under this agreement shall be adjudicated under the laws of the United Kingdom, without reference to conflict of laws principles. All other claims, including without limitation claims under or for violation of consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your place of residence.

You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the United Kingdom in all disputes arising out of or relating to the use of the NetActiv8 POP3 Accounts.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and NetActiv8 as a result of this agreement or use of the NetActiv8 POP3 Accounts.  You agree to indemnify and hold NetActiv8, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable solicitor’s fees, asserted by any third party due to or arising out of your use of the NetActiv8 POP3 Accounts.

NetActiv8 reserves the right to disclose any personal information about you or your use of the NetActiv8 POP3 Accounts, including its contents, without your prior permission if NetActiv8 has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of NetActiv8 or its affiliated companies; (3) enforce the terms of use; or (4) act to protect the interests of its members or others.

NetActiv8's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NetActiv8’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the NetActiv8 POP3 Accounts or information provided to or gathered by NetActiv8 with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NetActiv8 with respect to the NetActiv8 POP3 Accounts and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NetActiv8 with respect to the NetActiv8 POP3 Accounts. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.