FORM OF EULA
In consideration of the
mutual promises herein, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. TERMS OF SERVICE
Modern Age Computer
Consultants Inc. provides its email services to the end user (“you”, “your”),
subject to the terms of service set out in this agreement ("TOS"),
which may be updated by us from time to time without notice to you. You can
review the most current version of the TOS at any time at: http://macci.com/form_of_eula.htm. In
addition, when using particular Service Provider services, you are subject to
any posted guidelines or rules applicable to such services, which may be posted
from time to time. All such guidelines or rules are hereby incorporated by
reference into the TOS.
2. DESCRIPTION OF SERVICE
(a) Your payment
obligations with regard to the Service are as set out in your subscription
application.
(b) Service Provider
currently provides users with access to the email service with the
functionality described in your subscription application (the
"Service"). Unless explicitly
stated otherwise, any new features that augment or enhance the current Service
shall be subject to the TOS. You understand and agree that neither Service
Provider nor its suppliers assume responsibility for the timeliness, deletion, mis-delivery, non- delivery or failure to store or
accurately store, any user communications, addresses or personalization
settings.
(c) You are responsible
for obtaining access to the Service and that access may involve fees to Service
Provider or third party fees (such as Internet service provider or airtime
charges).
(d) You must provide and
are responsible for all equipment necessary to access the Service.
3. CERTAIN SUBSCRIPTION OBLIGATIONS
You agree to:
(a) Provide true,
accurate, current and complete information about yourself as prompted by the
Service's subscription form ("Subscription Data"); and (b) promptly
update the Subscription Data to keep it true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or Service Provider or its
suppliers have reasonable grounds to suspect this, Service Provider or its
suppliers have the right to suspend or terminate your account and refuse any
and all current or future use of the Service (or any portion thereof),
including any transition rights. Service
Provider is concerned about the safety and privacy of all its users,
particularly minors. For this reason, if
you wish to allow anyone else access to the Service, you should assist them in
setting up any relevant accounts and supervise their access to the
Service. Allowing anyone access, means
s/he will be able to access all components of the Service. As the subscriber, it is your responsibility
to determine whether any of the Services and/or Content (as defined in Section
6 below), which may be delivered to you, are appropriate for any person to whom
you allow access.
4. SERVICE PROVIDER PRIVACY POLICY
Subscription Data and
certain other information about you is subject to our
Privacy Policy attached as Exhibit 1.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You may receive a
password and account designation upon completing the Service's subscription
process. You are responsible for maintaining
their confidentiality, and for all activities that occur under your password or
account. You agree to (a) immediately
notify Service Provider of any unauthorized use of your password or account or
any other breach of security, and (if applicable); and (b) Exit from your
account at the end of each session.
Service Provider, and its suppliers, cannot and will not be liable for
any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
All information, data,
text, software, music, sound, photographs, graphics, video, messages or other
materials ("Content"), transmitted over the Service, by you or others
using your account are your responsibility.
You, and not Service Provider, are entirely responsible for all Content
that you, or others to whom you provide access, send, post, or otherwise make
available via the Service. Service
Provider does not control the Content made available via the Service and, as
such, does not guarantee the accuracy, integrity, quality or appropriateness of
such Content for any particular viewer.
By using the Service, you may be exposed to Content that is offensive,
indecent or objectionable, including spam, or which may contain viruses, and
other destructive elements. Under no circumstances
will Service Provider or its suppliers be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content, or
for any loss or damage of any kind incurred as a result of the use or viewing
of any Content posted, emailed, transmitted or otherwise made available via the
Service.
You agree to not use (or
permit others to use) the Service to:
(a) send, post, email,
transmit or otherwise make available (collectively “send”) any Content that is
unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
(b) harm
minors in any way;
(c) impersonate
any person or entity, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
(d) forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any Content transmitted through the Service;
(e) send
any Content that you do not have a right to make available under any law or
under contractual or fiduciary relationships (such as, without limitation,
inside information, proprietary and confidential information);
(f) send any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
(g) send any unsolicited
or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or
any other form of unauthorized solicitation, or otherwise violate our abuse
policy;
(h) send any material
that contains software viruses, worms or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
(i)
interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
(j) intentionally or
unintentionally violate any applicable local, provincial, state, national or
international law, including, but not limited to, rules, orders and regulations
having the force of law;
(k) violate
applicable laws regarding transmission of technical data exported from the
country in which you reside;
(l) take
any action that imposes an unreasonable or disproportionately large load on the
Service Provider or its suppliers; or
(m) "stalk" or otherwise harass another.
You agree Service
Provider and its suppliers do not, and Service Provider agrees it, and its
suppliers, shall not without cause, pre-screen Content, but shall have the
right (but not the obligation) in their sole discretion to refuse or move any
Content that is available via the Service, including without limitation any Content
that violates the TOS or is otherwise objectionable. You agree to evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content, and acknowledge that you
may not rely on any Content created by, or submitted to, Service Provider. You agree Service Provider (or its suppliers)
may preserve and disclose Content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce the TOS; (c) respond to claims that
any Content violates the rights of third- parties; or (d) protect the rights,
property, or personal safety of Service Provider, its users and the public. You understand that the technical processing
and transmission of the Service, including your Content, may involve (a)
transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
7. INDEMNITY
You agree to indemnify
and hold Service Provider, and its suppliers, and Service Provider’s and its
suppliers’ affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable legal fees,
made by any third party due to or arising out of Content you submit, post,
transmit or make available through the Service, your use of the Service, your
connection to the Service, your violation of the TOS, or your violation of any
rights of another.
8. GENERAL PRACTICES REGARDING USE, STORAGE AND SERVICE MODIFICATION
You agree that Service
Provider or its suppliers: a) may establish general practices and limits
concerning use of the Service, including without limitation, 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, and the maximum number of times (and the
maximum duration for which) you may access the Service in a given period of
time; b) have no responsibility or liability for the deletion or failure to
store any messages and other communications or other Content maintained or
transmitted by the Service; c) reserve the right to log off accounts that are
inactive for an extended period of time; d) reserve the right to change these
general practices and limits at any time, in its or their sole discretion, with
or without notice; e) reserve the right at any time and from time to time to modify,
temporarily or permanently, the Service (or any part thereof) with or without
notice; f) may supply any or all of the Software or Service on its own behalf,
or as a sub licensor or reseller on behalf of a third party supplier, and may
substitute such third party suppliers without notice; g) may quarantine
suspected messages; h) may modify any domain and user settings with or without
notice, including without limitation, altering settings so that spam or bulk
email is denied, rather than being quarantined, to avoid space capacity issues
which jeopardize the technical or economic viability of the services offered,
or the system used to implement the services; i) will
not permit open relay(i.e. third party relay of email messages); shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Service which
may occur for routine maintenance, routine or extraordinary repairs, or the
need to respond to a virus or other attack on the system or using the system.
9. TERMINATION AND SUSPENSION
You agree that Service
Provider, in its sole discretion, may (or may instruct its suppliers to),
suspend or terminate your password, account (or any part thereof) or use of the
Service, remove and discard any Content within the Service, deactivate or
delete your account and all related information and files in your account
and/or bar any further access to such files or the Service, discontinue
providing the Service, or any part thereof, with or without notice if Service
Provider believes that you have violated or acted inconsistently with the
letter or spirit of the TOS, and have not either cured the breach (if curable)
or provided a satisfactory undertaking to Service Provider or the applicable
authorities, within five (5) business days of receiving a notification of the
breach, or for maintenance purposes. Further, you agree that Service Provider
shall not be liable to you or any third-party for any termination or suspension
of your access to the Service.
10. DEALINGS WITH THIRD PARTIES
Your interaction with
third parties, including (without limitation): participation in promotions of,
advertisers found on or through the Service, payment and delivery of goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such third parties,
and that Service Provider and its suppliers shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings
or the presence of such third parties on the Service.
11. SERVICE PROVIDER'S PROPRIETARY RIGHTS
You agree the Service and
any necessary software used in connection with it ("Software" contain
proprietary and confidential information protected by applicable intellectual
property and other laws, including but not limited to copyright, and trade and
service mark protections, and is owned by Service Provider or its
suppliers. Service Provider grants you
a personal, non- transferable and non-exclusive right and license to use the
object code of its Software on a single computer, provided you do not (and do
not allow any third party to) reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software or Service, copy,
modify, rent, lease, loan, sell, distribute, or create derivative works of or
based on, the Service or the Software, in whole or in part, or use modified
versions of the Software, including (without limitation) to obtain unauthorized
access to the Service. You agree not to access the Service by any means other
than through the interfaces provided by or through Service Provider for use in
accessing the Service.
12. DISCLAIMER OF WARRANTIES, REPRESENTATIONS AND CONDITIONS
(a)
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR
SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. SERVICE PROVIDER AND ITS SUPPLIERS EXPRESSLY
DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) SERVICE PROVIDER AND
ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SERVICE OR SOFTWARE
WILL BE CORRECTED.
(c) ANY MATERIAL
TRANSMITTED, RECEIVED, DOWNLOADED OR OTHERWISE OBTAINED OR SENT, 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 YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE OPENING, DOWNLOAD OR SENDING OF ANY SUCH MATERIAL.
(d) NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDER OR
ITS
SUPPLIERS OR THROUGH OR
FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
(e) YOU ACKNOWLEDGE THAT:
A) AS VIRUSES ARE FREQUENTLY CREATED AND DISTRIBUTED, THE ANTIVIRUS COMPONENT
OF THE SERVICE IS INTENDED TO DETECT ONLY SPECIFIC KNOWN VIRUSES AND SOME
UNKNOWN VIRUS BEHAVIOR PATTERNS. THERE IS NO WARRANTY THAT THE SERVICE WILL
DETECT ALL VIRUSES PRESENT ON OR SENT TO YOUR COMPUTER SYSTEM, NETWORK OR EMAIL
SERVER; YOUR RESPONSIBILITIES INCLUDE TO ENSURE YOU HAVE SUFFICIENT BACK-UP
SYSTEMS IN PLACE; AND B) AS PURVEYORS OF SPAM ARE CONSTANTLY SEEKING TO EVADE
SYSTEMS DESIGNED TO BLOCK BULK EMAIL (ALSO KNOWN AS SPAM OR JUNK EMAIL), AND AS
A USER MAY NOT WISH ALL BULK EMAIL TO BE BLOCKED, THE BULK EMAIL COMPONENT OF
THE EMAIL SERVICE WILL NOT DETECT OR BLOCK ALL BULK EMAIL, AND MAY ADDITIONALLY
BLOCK EMAIL WHICH YOU DID NOT WISH TO HAVE BLOCKED. THERE IS NO WARRANTY THAT
THE SERVICE WILL BLOCK ALL BULK EMAIL, OR ONLY BLOCK THE BULK EMAIL YOU DESIRE
TO BE BLOCKED.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT SERVICE PROVIDER AND ITS SUPPLIERS, SHALL NOT BE LIABLE FOR ANY,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
TANGIBLE OR INTANGIBLE LOSSES (EVEN IF SERVICE PROVIDER OR ITS SUPPLIER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO
THE SERVICE. LIABILITY FOR DIRECT DAMAGES SHALL BE LIMITED TO A MAXIMUM OF THE
FEES YOU HAVE ALREADY PAID TO SERVICE PROVIDER FOR THE MONTH IN WHICH THE EVENT
GIVING RISE TO THE LIABILITY OCCURRED.
14. EXCLUSIONS AND LIMITATIONS
Some jurisdictions bar
limitation or exclusion of certain warranties, representations and conditions
or the limitation or exclusion of liability for incidental or consequential
damages. Accordingly, some of the above
limitations of this Agreement may not apply to you.
15. NOTICE
Notices to you may be
made via email, fax, courier or regular mail.
The Service may also provide notices of changes to the TOS or other
matters by displaying notices or links to notices to you generally on the
Service.
16. TRADEMARK INFORMATION
Without Service
Provider's prior permission, you agree not to display or use in any manner, the
Service Provider’s or its suppliers’ trademarks or service marks.
17. GENERAL INFORMATION
Your subscription form
(e.g. covering your term, method of payment, price etc.) and this TOS,
constitute the entire agreement between you and Service Provider and govern
your use of the Service, superseding any prior agreements between you and
Service Provider related to email services. Additional terms and conditions may
apply when you use other services (such as domain name registration services),
third-party content or software. The TOS
and the relationship between you and Service Provider shall be governed by the
laws of the Ontario, Canada without regard to its conflict of law provisions.
You agree to submit to the personal and exclusive jurisdiction of the courts
located within the Toronto. The failure
of Service Provider to exercise or enforce any right or provision of the TOS
shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should try to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOS remain in full
force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the TOS must be filed within
one (1) year after such claim or cause of action arose or be forever
barred. The section titles in the TOS
and schedules are for convenience only and have no legal or contractual
effect.
Exhibit 1 to EULA – Privacy
Policy
Please read the following
to learn more about our privacy policy.
What this Privacy Policy Covers
This Privacy Policy
covers Service Provider's treatment of personally identifiable information that
Service Provider collects when you are on the Service Provider site, register
for, or use, the Service, and Service Provider’s review of the Content you send
or receive.
This policy does not
apply to the practices of companies that Service Provider does not own or control, or to people that Service Provider does not employ
or manage.
(a) Information Collection
Service Provider collects
personally identifiable information when you register for a Service Provider
account. Information Sharing and Disclosure. Except as required by law, Service Provider will not sell or rent
your personally identifiable information to anyone without your consent. Service
Provider will send personally identifiable information about you to other
companies or people when: We
have your consent to share the information; We need to share your information
to provide the product or service you have requested; We need to send the
information to companies who work on behalf of Service Provider to provide a
product or service to you. (Unless we
tell you differently, these companies do not have any right to use the
personally identifiable information we provide to them beyond what is necessary
to assist us.); We respond to subpoenas, court orders
or legal process; or We find that your actions violate the TOS or any of our
usage guidelines for specific products or services.
(b) Security
Your Service Provider
Account Information is password-protected for your privacy and security. In
certain areas Service Provider uses industry-standard SSL- encryption to
protect data transmissions.
Changes to this Privacy Policy
Service Provider may edit
this policy from time to time. If we
make any substantial changes we will notify you by posting a prominent
announcement on our pages.
Exhibit 2 to EULA - Abuse Policy
Internet Abuse – Any type
of Internet Abuse, including what is commonly referred to as Spam is strictly
forbidden.
Internet Abuse includes,
but is not limited to the following:
-Sending
a unsolicited chain letter or letters that market a
product or service;
-Sending
any unsolicited emailings exceeding five hundred
(500) email recipients;
-Using
the service in any manner so as to harass, threaten, abuse, embarrass, or cause
distress, unwanted attention or discomfort to any person or entity;
- Using
the service in violation of the law, in aid of any unlawful act or to interfere
with the use and operation of our network.
In the event of Internet
Abuse event or complaint, the offending email account will be suspended and the
Domain Admin will be notified. In the event, a second Internet Abuse event or
complaint occurs within a period of thirty (30) days, the entire domain will be
suspended and the Domain Admin will be notified.