The following is the PeaMail (“We”, “Our”, “Us”, “PeaMail”) PeaMail Acceptable Use Policy (the “PAUP”). The PAUP defines the terms and conditions that you (“You”, “Your” or “Customer”) agree to when You use Our website (the “Site”), as an anonymous user (“Anonymous Services”), register for customized services (the “Customized Services”) and/or subscribe for premium services (the “Premium Services”) with PeaMail. Where applicable, Customized Services and Premium Services are referred to collectively as (the “Services”). Please read these terms and conditions carefully before using the Services.
BY CONTINUING TO USE THE SERVICES, YOU ARE CONSENTING TO BE BOUND BY THE PAUP, AND ALL RELATED POLICIES AND GUIDELINES OF PEAMAIL, IF ANY, AS INDICATED IN THIS PAUP ARE INCORPORATED BY REFERENCE.
PeaMail reserves the exclusive right to revise, change or amend any portion of the PAUP, or any other policies or guidelines governing the Services, at any time, in its sole discretion and without advance notice to You. You agree to comply with all policies regarding permitted and prohibited uses of the Services that may be posted by PeaMail on the Site. Any changes will be effective upon posting of the revisions on the Site. Your use of the Services will be subject to the most current version of the PAUP posted on the Site at the time of such use. You may view the most current version of this policy at (http://www.peamail.co.uk/terms.php). YOUR CONTINUED USE OF THE SERVICES FOLLOWING OUR POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THE PAUP, PLEASE IMMEDIATELY DISCONTINUE USE OF THE SERVICES.
At the sole discretion of PeaMail, if You are in violation of the PAUP, We may permanently prevent You from using the Services and/or, if appropriate, You may be subject to a civil action and/or criminal prosecution.
1. DEFINITIONS
In this PAUP, capitalized terms shall have the meanings set out in this Section 1:
“Anonymous Services” means all services offered by PeaMail that require no registration, such as the free email retrieval service offered from the PeaMail homepage (www.PeaMail.co.uk).
“PAUP” means this acceptable use policy and the terms and conditions contained herein in respect of use of the Services, as the same may be amended or replaced from time to time in accordance with the provisions of this PAUP;
“Charges” means the relevant and appropriate fees and charges payable by You for using any of the Premium Services as outlined in the registration process and that appear on the Site at http://www.PeaMail.co.uk, as the same may be amended from time to time in accordance with the provisions of this PAUP;
“Claims” means any claim, demand, liability, damage, loss, suit, action, or cause of action and all related costs and expenses, including legal fees, if any;
“Content” includes information made available, displayed or transmitted in connection with the Services including but not limited to all trade-marks, domain names, contents of any bulletin boards or chat rooms or forums, information made available by means of an HTML “hyper link”, a third party posting or similar means and all updates, upgrades, modifications and other versions of any of the foregoing;
“Customized Services” means all non-paid services that require You to register for by providing personal information, subject to this PAUP, provided to You by PeaMail, including, but not limited to; personalized home page, media and blog services, email hosting services, email subscriptions and more. These services are intended for persons eighteen (18) years of age or older;
“Initial Term” means the initial term during which You receive Premium Services from PeaMail, as specified in the registration process when You register and subscribe for Premium Services with PeaMail, such term to be no less than one (1) month;
“Premium Services” means all paid services (one-time or reoccurring), including but not limited to; PeaMail Email, subject to this PAUP, provided to You by PeaMail.
“Services” means all collective services (anonymous, customized and premium), subject to this PAUP, provided to You by PeaMail. In the provision of “Service(s)” PeaMail at all times will do their utmost to provide the highest level of service possible.
“Spam” means unsolicited e-mails, including without limitation, commercial advertising and informational announcements; and
“Spamming” means sending spam.
“Term” means any additional term subsequent to the Initial Term, including any renewal term(s).
2. INTERPRETATION
The provisions contained in this PAUP are intended to be guidelines for You as it relates to acceptable behaviour and conduct in connection with Your use of the Services. THESE PROVISIONS ARE NOT MEANT TO BE EXHAUSTIVE. In general, any conduct that violates any laws, regulations, or any of the generally accepted norms of the Internet community, whether or not expressly mentioned in this PAUP, is prohibited. PeaMail reserves the exclusive right, at any and all times, to prohibit any of Your activities, in connection with Your use of the Services, that in any way damage the commercial reputation and goodwill of PeaMail.
Unless otherwise specified, words importing the singular include the plural and vice versa and words importing gender include all genders.
3. SYSTEM AND NETWORK SECURITY
In connection with Your use of the Services, You are strictly prohibited from engaging in the following activities:
a. tampering with, or attempting to tamper with accounts of other users, or committing unauthorized intrusions into any part of the PeaMail system or related systems;
b. using servers, files, accounts, or networks to intrude, without authorization, into any other system or systems;
c. using accounts not provided or intended for use by You or circumventing security provisions in order to access Services without incurring Charges;
d. using the PeaMail system in a manner that unfairly, as determined in the sole and absolute discretion of PeaMail, encumbers disk space, processors, network or other system resources beyond those provided to You as part of the Services purchased;
e. making deliberate attempts to interfere with or overload any other service or attempt to disable a host;
f. any network-based attack on local and/or foreign networks, hosts, servers, or any systems or applications, including without limitation, overloading, engaging in “denial of service” attacks, “crashing” or “mail-bombing”, in which case PeaMail will promptly notify the appropriate law enforcement authorities of such violation(s); and
g. utilizing the Services in any other manner so as to interrupt or interfere with the access to and/or usage of the Internet by another party.
4. EMAIL
a. In connection with Your use of the Services, You are strictly prohibited from engaging in the following activities:
i. i. sending commercial e-mail to a recipient if such recipient has requested that You discontinue such communication;
ii. ii. transmitting e-mail, to non-consenting recipients, that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, including but not limited to any e-mail that encourages conduct that would constitute a criminal offence, violate the laws of others or otherwise violates any applicable local, provincial, national or international law;
iii. iii. knowingly transmitting e-mail that contains malware or any type of software viruses or any other computer code, files or programs designed to interrupt, destroy, alter or limit the functionality of any computer software or hardware;
iv. forging e-mail header information in any way;
v. v. using Your account with PeaMail to collect e-mail replies of messages sent from any other Internet service provider that is in violation of this PAUP or those of the originating service provider;
vi. Spamming;
vii. using another site’s mail server to relay Your e-mail without the expression permission of that other site; and
viii. using the SMTP gateway provided by PeaMail for any purpose that is deemed, in the sole and absolute discretion of PeaMail, to constitute resource abuse.
b. b. We do not monitor or log Your use of the Service and we do not store or save any e-mails, documents, attachments or passwords transmitted through the Service after you log off from the application, or the session has timed out. All of Your e-mail retrieved, read, sent and otherwise accessed through the Site is strictly private and We will not, nor can We access such e-mail at anytime. Additionally, Our offering of the Service is subject to our Privacy Policy, which can be accessed at http://www.peamail.co.uk/privacy_policy.php
c. c. PeaMail reserves the sole and exclusive right to block, without notice , any email messages to You that, in PeaMail’s sole and absolute discretion contain any viruses or are considered SPAM.
5. BILLING
In connection with the use of the Premium Services, You agree to the following:
a. Paying, as applicable, any and all relevant Charges relating, but not limited to:
i. email hosting subscription fees;
ii. domain assignment and transfer fees;
iii. additional disk space;
iv. additional e-mail accounts;
You agree to the Charges, as they may be amended from time to time. Notice to You of any such amendments shall be made by PeaMail updating the Site or sending notification thereof by e-mail or regular mail. By agreeing to this PAUP, You authorize PeaMail to charge any amounts payable by You, in connection with Your use of the Premium Services, automatically to the credit card You provide in the registration process or such credit card number that You provide thereafter, regardless of the status of Your account with PeaMail and subject only to the terms and conditions of the agreement between You and Your credit card issuer. Your right to use the Premium Services is subject to any limits established by Your credit card issuer.
b. All prices on the PeaMail Site are listed in Great Britain Pounds (GBP£). PeaMail reserves the right to charge You in any currency, at the GB Pound equivalent at the time of billing. An administration fee equivalent to 5% of all credit card chargebacks will be levied for any and all such chargebacks.
c. Each Term, will be for a period equal to the Initial Term unless You or We give the other prior written notice of termination on no less than five (5) business days before the end of the Initial Term or Term (as applicable).
d. In respect of all valid credit cards that You provide to PeaMail for the purpose of payment, if PeaMail is not notified by You, prior to the expiry date of such credit card, PeaMail will automatically update the expiry date of the credit card on PeaMail’s own internal system, to the next year in order to prevent any undesired interruption of the Premium Services.
e. If applicable, PeaMail will automatically renew all domain names, associated with Your account, that were registered by or transferred to PeaMail. A reminder notice will be sent to Your e-mail address on record, two (2) months prior to the expiry of such domain name(s). You are provided with the opportunity to decline the renewal by following the appropriate instructions attached to the e-mail from PeaMail. Any failure to decline this renewal request is deemed sufficient authorization from You for PeaMail to renew the relevant domain name(s) for a period of one (1) year at the current rates, as further detailed in the renewal notice.
6. RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, license, sublicense, sell, resell or exploit for any commercial purpose, any portion of the Site, use of the Service, or access to the Site and Service without Our prior written, explicit and express permission.
7. EXTERNAL LINKS TO ADVERTISERS
You agree that PeaMail may provide You as part of our Anonymous Services, Customized Services and Premium Services, links to other websites or resources that advertise on the Site. You also agree that you will not attempt to block or otherwise interfere with any such advertisements displayed via JavaScript or any other means. Doing do is grounds for immediate termination of service. The manner, mode and extent of advertising by PeaMail is subject to change. All correspondence or business dealings that You have with any advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that We shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on the Site.
8. PROPRIETARY RIGHTS
You acknowledge and agree that the Site and any and all related software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property rights and other laws. Further, You acknowledge and agree that all content in sponsor advertisements or information presented through the Site or the Service or any of their advertisers is protected by copyright, trademarks, service marks, patents and other intellectual property rights and laws. Except as expressly authorized by Us or any of the advertisers, You agree not to rent, license, sublicense, lease, loan, sell, distribute, modify, create derivative works based on the Site and the Software, in whole or in part, or otherwise use, the Site or the Software, except in accordance with this Policy.
You further agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, license, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You further agree not to access the Site by any means other than through the interface that is provided by Us to access the Service.
9. GENERAL
You agree to abide by the following general provisions:
a. a. All Services provided to the User by PeaMail may only be used for lawful purposes. Transmission, storage, distribution or presentation of any Content in violation of any and all applicable federal, provisional and municipal laws is prohibited. This includes, but is not limited to: copyright material, material judged to be defamatory, threatening or obscene, or material protected by trade secret and other statute, Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality or any computer software or hardware or telecommunications equipment and Content that promotes or provides instructional information about illegal activities, promotes physical harm or injury against any group or individual, or promotes any act of cruelty to animals. You agree to indemnify and hold PeaMail and all associated brands, as they may be amended from time to time, and its officers, directors, shareholders, employees, agents, and advisors from and against any Claims, losses, judgments, damages, costs and expenses (including, without limitation, reasonable legal fees) resulting from the use of any PeaMail services which damages You or any other party.
Pornography and sex-related merchandising is prohibited on all PeaMail servers. This includes the hosting of Content that may infer sexual content or any links to adult content elsewhere. The foregoing applies equally to Content that promote any illegal activity or Content that may be damaging to Our servers or any other server on the Internet. Links to such materials are also prohibited.
The following are examples of non-acceptable content or links:
i. Pirated software;
ii. Hackers’ programs or archives;
iii. Warez Sites;
iv. IRC Bots;
v. Pirated music and/or movies;
vi. Malware, including any form of Spyware or any related software that records a user’s activities without their permission and forwards that information via the Internet; and
vii. SPAM software (i.e. any software that allows a user to transmit SPAM in violation of Our SPAM policy (please refer to Section 3 above)).
PeaMail will be the sole arbiter as to what constitutes a violation of this provision.
b. PeaMail reserves the right, at its sole discretion and without notice, to prevent a User from accessing the Service at anytime if a violation of this PAUP is determined. PeaMail will be the sole arbiter as to what constitutes a violation of any and all sections of this policy.
c. All Services provided by PeaMail are provided on an “as is” basis. PeaMail gives absolutely no warranty, expressed or implied, for any service(s) provided, including, and without limitation, warranty of merchantability and warranty of fitness for a particular purpose. This expressly includes any financial reimbursement, of any kind, for losses of income due to disruption of service by PeaMail or its providers.
d. User acknowledges that PeaMail is not responsible for any damages arising from the User’s use of any service(s) provided by PeaMail or User’s inability to use any service(s) for any reason.
e. PeaMail is not responsible in anyway for the content a User hosts on PeaMail servers, or for the reliability of the transmission of data across or through the PeaMail network. This includes, but is not limited to all content that is hosted as part of PeaMail’s customized version that allows users to store e-mail address information, personal images, bookmarks, and contact information or as part of PeaMail’s mediablog service that allows Users to upload text, images, audio, video or any other material hosted on Your mediablog. It is the sole responsibility of the User to back-up all content that is hosted on PeaMail servers.
f. User hereby agrees that any material submitted for publication or transmission on PeaMail managed and/or owned servers or network, will not contain anything leading to an abusive, unlawful, or unethical use of the service. Abusive and unethical materials include, but are not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, and any defamatory, harassing and harmful materials or uses. User hereby agrees to indemnify and hold harmless PeaMail, its directors, officers and employees from any claim(s) resulting from your publication of materials or your use of those materials. PeaMail, at its sole discretion, may or may not give notice before deactivating or preventing any customer from accessing PeaMail when a violation this PAUP is determined in anyway.
g. Due to the public nature of the Internet, all information should be considered generally accessible to the public and important or private information should be treated carefully. PeaMail is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network PeaMail or its Users may utilize
h. Use of any information obtained via PeaMail is at your own risk. PeaMail specifically denies any responsibility for the accuracy or quality of information obtained through its services.
i. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.
j. If PeaMail prevents or permanently bans a User from using the service for any reason, User agrees not to use or re-register without PeaMail's written consent.
k. The User agrees to defend, hold harmless, and expeditiously indemnify PeaMail from any and all liability, claim, loss, damage or expense arising out of User's breach or violation of any covenant contained in this Policy, or resulting from the User's use of the Service.
l. User agrees to waive, release and hold PeaMail harmless from any claims relating to any action taken by PeaMail as part of an investigation into a suspected violation of this Policy or as a result of its conclusion that a violation of this Policy has occurred. Therefore, User cannot sue or recover any damages whatsoever from PeaMail as a result of the decision to remove material from its server, or to suspend or terminate a User's account.
m. PeaMail reserves the sole and exclusive right to terminate any account, without notice or cause, for any free services used by a User that is deemed to be utilizing an excessive amount of resources and/or causing any service quality degradation, including but not limited to, CPU utilization, disk space, bandwidth, application performance or any other reason, in PeaMail’s sole judgment is a violation of this Policy.
n. PeaMail has a strong corporate policy to respect and protect the privacy of its customers and their information that is stored on PeaMail’s servers. This policy is available at http://www.peamail.co.uk/privacy_policy.php. PeaMail will only access and disclose information as necessary to comply with applicable laws and government requests, to provide PeaMail Services, to operate or maintain its systems or to protect itself or its customers.
The following additional provisions have been added for Premium Services Users only.
o. PeaMail reserves the right, in its sole discretion, to deactivate Your Premium Services Account(s) upon any indication of credit problems, including delinquent payments, and if portions of this PAUP are, in the sole and absolute discretion of PeaMail, being violated in any way.
p. PeaMail has no obligation to monitor content or Your use of Our network. However You agree that We have the right to monitor and investigate content and Your use of Our network electronically from time to time and to disclose any information as necessary to:
1. satisfy any law, regulation or other governmental request or to assist in the pursuit of any legal action against You;
2. operate the Premium Services properly;
3. ensure or enforce compliance with this PAUP and the Privacy Policy; or
4. protect PeaMail or Our subscribers.
q. PeaMail reserves the right, in its sole and absolute discretion, to decide the content that is displayed on any and all domain parking pages that are hosted by PeaMail. A domain name is considered parked if PeaMail has registered or manages a domain name on behalf of You, but You have not purchased or subscribed for any accompanying Premium Services that are connected to that domain name. You hereby consent to Us displaying any type of domain parking pages, without Your prior consent, that We deem to be appropriate including, but not limited to domain parking pages which may advertise other Services provided by PeaMail or any wholly-owned and/or affiliated brands.
r. You are solely responsible for backing up Your content and/or any of Your files that reside on PeaMail’s managed and/or owned servers. PeaMail is not responsible in any way for the Content You host on PeaMail servers, or for the reliability of the transmission of data across or through the PeaMail network.
s. PeaMail maintains exclusive control and ownership of any and all Internet Protocol (IP) numbers that may be assigned to You and reserves in its sole and absolute discretion the right to change or remove any and all such Internet Protocol numbers and addresses.
t. If PeaMail cancels Your account(s) for any reason, You agree not to reregister with PeaMail without PeaMail’s prior written consent. In the event You reregister without PeaMail’s prior written consent, PeaMail will cancel You account(s) and all dues and fees paid to date will be forfeited regardless of whether Premium Services have been rendered. Additionally, any amounts owned in arrears will be made due and payable immediately.
u. PeaMail requires that You be qualified to enter into a legal contract. PeaMail cannot accept payments from persons who are not at least eighteen (18) years of age. You will be held responsible for keeping all billing data for PeaMail accurate and up-to-date. Any misrepresentatives made by You in respect of any data and/or information supplied by You during the registration process will be grounds for PeaMail to terminate Your account.
v. All servers are physically located in the City of Manchester in the United Kingdom of Great Britain and You may only access them by means of the Internet.
w. PeaMail reserves the sole and exclusive right to cancel Your account with PeaMail, based on, but not limited to, You engaging in activities that:
0. encumber the CPU;
1. require resource intensive processes, including the usage of resource intensive software applications or server-side scripts;
2. require significant bandwidth; and/or
3. require significant disk space.
x. PeaMail may terminate any of Your account(s) immediately by giving notice in writing, in the event that You present an abnormal risk of loss (including without limitation, incurring a significant amount of billable Charges for which You have not been credit approved), as determined by PeaMail in its sole and absolute discretion.
10. POLICY ENFORCEMENT
When We become aware of any alleged violation of this PAUP, We will immediately initiate an investigation. We may, at any and all times, in Our sole and absolute discretion, during such an investigation, restrict Your access in order to prevent any further possible unauthorized activity. During this investigation, We will not access any personal e-mail in accordance with our Privacy Policy http://www.peamail.co.uk/privacy_policy.php. Depending on the severity of the violation, PeaMail may, at its sole discretion, restrict, suspend, or terminate a User’s account and/or pursue other legal remedies. If such violation is a criminal offense, PeaMail will promptly notify the appropriate law enforcement agencies of such violation.
The following additional provision has been added for Customized and Premium Services Users only:
Although PeaMail has no legal obligation or desire to monitor the Customized and Premium Services and/or the network, PeaMail reserves the right to monitor and investigate usage and content from time-to-time to operate the Premium Services; to identify violations of this PAUP; and/or to protect the network and Our customers.
Notwithstanding any of the above, PeaMail reserves the sole and exclusive right to terminate Your access to any Services, at any time. Any fees that have been paid in advance of cancellation will be pro-rated and refunded to You if cancellation is initiated without cause by PeaMail. If cancellation of Services is a result of a violation of this PAUP that causes PeaMail to incur any additional costs (i.e. network traffic, disk space, licensing charges, etc…), You acknowledge Your responsibility to reimburse PeaMail from fees paid in advance and/or future billing. Upon termination of the Services, PeaMail is authorized to delete any files, programs and data associated with Your account.
11. COPYRIGHT INFRINGEMENT
The following provisions have been added for Customized and Premium Services Users only:
If You have any comments or suggestions to improve the service, please write us at support@PeaMail.co.uk
a. By submitting media such as text, photos, audio or videos, or any other Content, You guarantee that the Content does not infringe upon any third party intellectual or personal rights, including but not limited to, copyrights, trade-marks, trade secrets, privacy or other personality rights. PeaMail does not claim ownership of the Content You place on your mediablog, or associate with any other Customized or Premium PeaMail service You use. PeaMail may quote or reproduce small portions of your Content (if you have made it publicly available) in order to promote Your mediablog site and/or the mediablog, but only on a fair-use-type basis.
b. Should PeaMail become aware of any material posted by You that could be infringing on a third party’s intellectual property rights, PeaMail will immediately initiate an investigation. If a claim is received by PeaMail from a third party complainant with the applicable copyright or trademark registration number, a copy of the underlying copyrighted work along with Your materials and/or a good faith declaration, signed under penalty of perjury, that (i) the material is the property of the complainant; or (ii) the work has been copied and that use of the material is not defensible, PeaMail, at its sole discretion, may, at anytime, restrict Your access to the challenged material.
c. PeaMail will notify You of the copyright infringement allegation and will allow You to respond to the allegation(s).
d. PeaMail shall have no liability, directly or indirectly, to third parties for any of Your infringing materials. You agree to indemnify and hold harmless PeaMail, and any of its associated brands, including but not limited to PeaMail, as they may be amended from time to time, and its officers, directors, shareholders, employees, agents and advisors from and against any Claims, losses, judgments, damages, costs and expenses (including, without limitation, reasonable legal fees), incurred by any of the foregoing parties due to or resulting or associated with processing valid infringement allegations and defending any and all legal claims associated therewith.
12. DISCLAIMER
a. ALL SERVICES PROVIDED BY PEAMAIL, IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.
b. PEAMAIL MAKES NO REPRESENTATIONS OR WARRANTIES THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; AND (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
c. c. PEAMAIL IS NOT RESPONSIBLE FOR ANY DAMAGES ARISING FROM YOUR USE OF ANY SERVICE PROVIDED BY PEAMAIL OR YOUR INABILITY TO USE ANY SERVICE FOR ANY REASON. THIS EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICES BY PEAMAIL OR ITS PROVIDERS.
13. LIMITATION OF LIABILITY
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL PEAMAIL, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR ADVISORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PEAMAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES UNDER CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE, THE SITE OR ANY CONTENT; (II) ANY THIRD PARTY CLAIMS THAT THE USE BY YOU OF THE SERVICE OR THE CONTENT VIOLATES ANY INTELLECTUAL PROPERTY RIGHT; OR (III) ANY OTHER MATTERS RELATING TO THE SERVICE, THE SITE OR THE CONTENT.
b. YOU SPECIFICALLY ACKNOWLEDGE THAT PEAMAIL IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, PEAMAIL SHALL HAVE NO LIABILITY TO YOU FOR ANY CONTENT DOWNLOADED FROM THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF PEAMAIL, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR ADVISORS TO YOU FOR ANY AND ALL CLAIMS UNDER CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING FROM THIS PAUP OR FROM THE USE OF THE SITE, THE CONTENT, OR THE SERVICES IS LIMITED TO GBP £50.
14. REPORTING ABUSE OF THIS POLICY
a. Any party seeking to report any violations of this policy may send an e-mail to: support@PeaMail.co.uk
15. APPLICABLE LAW
You agree that all matters relating to the use of the Site, the Services and the Content shall be governed, controlled, interpreted and defined by and under the laws of Great Britain applicable therein without giving effect to any principles of conflicts of laws. You also agree that any action at law or in equity arising out of or relating to this PAUP or Your use of the Site, the Services or the Content will be filed only in a court located in Great Britain and You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for the purpose of any such action.
16. ENTIRE AGREEMENT
This PAUP constitutes the entire agreement between You and PeaMail relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and this PAUP may not be amended or modified except in writing or by making such amendments or modifications available on the Site.
17. NO AGENCY; THIRD PARTY BENEFICIARY
PeaMail is not Your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from this PAUP is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this PAUP. This PAUP and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of PeaMail and You.
18. ASSIGNMENT
You may not assign, convey, subcontract or delegate any of Your rights, duties or obligations hereunder.
19. SEVERABILITY
If any provision of the PAUP is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the PAUP remain in full force and effect.
20. LIMITATION
You agree that regardless of any statute or law to the contrary, any Claim arising out of or related to use of the Services or the PAUP must be filed within one (1) year after such claim or cause of action arose or be forever barred.
21. NO WAIVER
PeaMail will not be considered to have waived any of its rights or remedies described in this PAUP unless the waiver is in writing and signed by PeaMail. No delay or omission by PeaMail in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. PeaMail's failure to enforce the strict performance of any provision of the terms and conditions herein will not constitute a waiver of PeaMail's right to subsequently enforce such provision or any other provisions of the PAUP.
22. HEADINGS
The headings used in this PAUP are included for convenience only and have no legal or contractual effect.
|
