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ANONYMAILER
TERMS OF SERVICE
MODIFICATION OF THESE TERMS
OF USE
ANONYMAILER reserves the right to change
the terms, conditions, and notices, including
but not limited to the charges associated with
the use of the ANONYMAILER Sites/Services.
You are responsible for regularly reviewing
these terms and conditions and additional terms
posted on particular websites. Your continued
use of the ANONYMAILER Sites/Services
constitutes your agreement with ANONYMAILER to
all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL
USE LIMITATION
Unless otherwise specified, the ANONYMAILER Sites/Services
are for your personal and non-commercial use.
You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell
any information, software, products or services
obtained from the ANONYMAILER
Sites/Services. Without the advance express
written permission of TrashMail, you may not use
the ANONYMAILER Sites/Services in any
commercial manner.
LINKS TO THIRD PARTY SITES
The ANONYMAILER Sites/Services may
contain links to third party Web sites ("Linked
Sites"). The Linked Sites are not under the
control of ANONYMAILER, ANONYMAILER is
not responsible for the contents of any Linked
Site. The inclusion of any link does not imply
endorsement by ANONYMAILER of the site or
any association with its operators.
Any dealings with third parties, including the
delivery of and the payment for goods and
services, and any other terms, conditions,
warranties or representations associated with
such dealings or promotions, are solely between
you and the third party. ANONYMAILER
shall is not be responsible or liable for any
part of any such dealings.
NO UNLAWFUL OR PROHIBITED
USE
As a condition of your use of the ANONYMAILER Sites/Services,
you will not use the ANONYMAILER Sites/Services
for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may
not use the ANONYMAILER Sites/Services in
any manner that could damage, disable,
overburden, or impair any ANONYMAILER
Site/Service(s) (or the network(s) connected to
any ANONYMAILER Site/Service(s)) or
interfere with any other party's use and
enjoyment of any ANONYMAILER Site/Service(s).
You may not attempt to gain unauthorized access
to any ANONYMAILER Site/Service, other
accounts, computer systems or networks connected
to any ANONYMAILER Site/Service. You may
not obtain or attempt to obtain any materials or
information through any means not intentionally
made available through the ANONYMAILER Sites/Services.
USE OF SERVICES
The ANONYMAILER Sites/Services contain
e-mail services designed to enable you to
communicate with others (collectively,
"Communication Services"). You agree to use the
Communication Services only to post, send and
receive messages and material that are proper.
By way of example, and not as a limitation, you
agree that when using a Communication Service,
you will not:
- Use the Communication Service in connection
with surveys, contests, pyramid schemes, chain
letters, junk email, spamming or any duplicative
or unsolicited messages (commercial or
otherwise).
- Defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as
rights of privacy and publicity) of others.
- Publish, post, upload, distribute or
disseminate any inappropriate, profane,
defamatory, obscene, indecent or unlawful topic,
name, material or information.
- Publish, post, upload, 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
- Upload, or otherwise make available, files
that contain images, photographs, software or
other material protected by (i) intellectual
property laws, including, by way of example, and
not as a limitation, copyright or trademark laws
or (ii) by rights of privacy or publicity, if
any unless you own or control the rights thereto
or have received all necessary consents to do
the same.
- Use any material or information, including
images or photographs, which is made available
through the ANONYMAILER Sites/Services in
any manner that infringes any copyright,
trademark, patent, trade secret, or other
proprietary right of any party.
- Upload 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.
- Advertise or offer to sell or buy any goods or
services for any business purpose, unless such
Communication Service specifically allows such
messages.
- Download any file posted by another user of a
Communication Service that you know, or
reasonably should know, cannot be legally
distributed in such manner.
- Falsify or delete any author attributions,
legal or other proper notices or proprietary
designations or labels of the origin or source
of software or other material contained in a
file that is uploaded.
- Restrict or inhibit any other user from using
and enjoying the Communication Services.
- Violate any applicable laws or regulations.
- Use, download or otherwise copy, or provide
(whether or not for a fee) to a person or entity
any directory of users of an ANONYMAILER
Site/Service(s) or other user or usage
information or any portion thereof.
ANONYMAILER has no obligation to monitor
the Communication Services. However,
ANONYMAILER reserves the right to review
materials posted to a Communication Service and
to remove any materials in its sole discretion.
ANONYMAILER reserves the right to
terminate your access to any or all of the
Communication Services at any time, without
notice, for any reason whatsoever.
ANONYMAILER reserves the right at all
times to disclose any information as
ANONYMAILER deems necessary to satisfy any
applicable law, regulation, legal process or
governmental request, or to edit, refuse to post
or to remove any information or materials, in
whole or in part, in ANONYMAILER's sole
discretion.
ANONYMAILER does not control or endorse
the content, messages or information found in
any Communication Service and, therefore,
ANONYMAILER specifically disclaims any
liability with regard to the Communication
Services and any actions resulting from your
participation in any Communication Service.
Materials uploaded to a Communication Service
may be subject to posted limitations on usage,
reproduction and/or dissemination, you are
responsible for adhering to such limitations if
you download the materials.
You agree that ANONYMAILER may establish
limits concerning use of any ANONYMAILER Service
offered on an ANONYMAILER Web Site,
including without limitation the maximum number
of days that e-mail messages will be retained by
any ANONYMAILER Service, the maximum
number of e-mail messages that may be sent from
or received by an account on any ANONYMAILER Service,
the maximum size of an e-mail message that may
be sent from or received by an account on any
ANONYMAILER Service, the maximum disk space
that will be allotted on ANONYMAILER's servers
on your behalf, and the maximum number of times
and duration you may access any ANONYMAILER Service
in a given period of time.
You agree that ANONYMAILER has no
responsibility or liability for the deletion,
corruption or failure to store any messages or
other content maintained or transmitted by any
ANONYMAILER Service. You acknowledge that
ANONYMAILER reserves the right to log off
accounts that are inactive for an extended
period of time without notice.
MATERIALS PROVIDED TO ANONYMAILER OR
POSTED AT ANY ANONYMAILERWEB SITE
ANONYMAILER does not claim ownership of
the materials you provide to ANONYMAILER (including
feedback and suggestions) or post, upload, input
or submit to any ANONYMAILER Site/Service
or its associated services for review by the
general public, or by the members of any public
or private community, (each a "Submission" and
collectively "Submissions"). However, by
posting, uploading, inputting, providing or
submitting ("Posting") your Submission you are
granting ANONYMAILER (i) permission to
use your Submission in connection with the
operation of Internet businesses (including,
without limitation, all ANONYMAILER Site/Services)
(ii) the license rights to: copy, distribute,
transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your
Submission; to publish your name in connection
with your Submission; (iii) and the right to
sublicense such rights to any supplier of a
ANONYMAILER Site/Service.
No compensation will be paid with respect to the
use of your Submission, as provided herein.
ANONYMAILER is under no obligation to post
or use any Submission you may provide and
ANONYMAILERmay remove any Submission at any
time in its sole discretion.
By Posting a Submission you warrant and
represent that you own or otherwise control all
of the rights to your Submission as described in
these Terms of Use including, without
limitation, all the rights necessary for you to
provide, post, upload, input or submit the
Submissions.
This section is inapplicable to any personally
identifiable information that you provide in
connection with your use of the ANONYMAILER Sites/Services.
For terms and conditions governing the use of
such information please refer to the Privacy
Policy.
CONTENT AVAILABLE THROUGH THE ANONYMAILER SITES/SERVICES
All content (if any) that is made available to
view and/or download in connection with the
ANONYMAILER Sites/Services, excluding
content and/or software that may be made
available by end-users through a Communication
Service, is owned by and is the copyrighted work
of ANONYMAILER and/or its suppliers and
is protected by copyright laws and international
treaty provisions.
Any reproduction or redistribution of the
content is expressly prohibited by law, and may
result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum
extent possible. WITHOUT LIMITING THE FOREGOING,
COPYING OR REPRODUCTION OF THE CONTENT AND/OR
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THE
ANONYMAILER SITES/SERVICES MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY MADE TO THE ANONYMAILER SITES/SERVICES
AND TO THE INFORMATION THEREIN. ANONYMAILER AND/OR
ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE ANONYMAILER SITES/SERVICES
AT ANY TIME. ADVICE RECEIVED VIA THE
ANONYMAILER SITES/SERVICES SHOULD NOT BE
RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR
FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE
TAILORED TO YOUR SITUATION.
ANONYMAILER AND/OR ITS RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL
COMPONENTS AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED WITHIN THE ANONYMAILER SITES/SERVICES
FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMITTED BY LAW. ANONYMAILERAND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES, CONDITIONS AND OTHER TERMS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF
SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT,
TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT ANONYMAILER 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 ANONYMAILERSITE/SERVICE. YOU
SPECIFICALLY AGREE THAT ANONYMAILERIS 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 ANONYMAILER IS NOT RESPONSIBLE
FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A
ANONYMAILER SITE/SERVICE BY ANY THIRD
PARTY.
TO THE FULLEST EXTENT PERMITTED BY LAW IN NO
EVENT SHALL ANONYMAILER 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 REVENUES OR PROFITS, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE ANONYMAILER SITES/SERVICES, WITH THE
DELAY OR INABILITY TO USE THE ANONYMAILER SITES/SERVICES
OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE ANONYMAILER SITES/SERVICES,
OR OTHERWISE ARISING OUT OF THE USE OF THE PRANK
MAIL SITES/SERVICES, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF ANONYMAILER 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 ANONYMAILER SITES/SERVICES, OR WITH
ANY OF THESE TERMS OF USE, TO THE FULLEST EXTENT
PERMISSIBLE BY ENGLISH LAW, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
ANONYMAILER SITES/SERVICES. THE LIMITATIONS
ON AND EXCLUSIONS OF LIABILITY FOR DAMAGES IN
THIS AGREEMENT APPLY REGARDLESS OF WHETHER THE
LIABILITY IS BASED ON BREACH OF CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH
OF WARRANTIES, OR ANY OTHER LEGAL THEORY.
STORAGE SPACE AND OTHER LIMITATIONS.
ANONYMAILER MAKES NO WARRANTY THAT ANY
ANONYMAILER SERVICE WILL BE UNINTERRUPTED,
TIMELY SECURE OR ERROR-FREE.
TERMINATION/ACCESS
RESTRICTION
ANONYMAILER reserves the right, in its
sole discretion, to terminate your access to any
or all ANONYMAILER Sites/Services and the
related services or any portion thereof at any
time, without notice.
ANONYMAILER shall have no obligation to
maintain any content or to forward any unread or
unsent messages to you or any third party.
GENERAL
This agreement is governed by the laws of E.U..
You hereby irrevocably consent to the exclusive
jurisdiction and venue of the E.U.n courts. in
all disputes arising out of or relating to the
use of the ANONYMAILER Sites/Services.
You agree that no joint venture, partnership,
employment, or agency relationship exists
between you and ANONYMAILER as a result
of this agreement or use of the ANONYMAILER Sites/Services.
You agree to indemnify and hold ANONYMAILER,
its parents, subsidiaries, affiliates, officers
and employees, harmless from any claim, demand,
or damage, including reasonable legal fees on a
solicitor-client basis, asserted by any third
party due to or arising out of your use of or
conduct on the ANONYMAILER Sites/Services.
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.
ANONYMAILER will not be liable to you for
any breach of these Terms of Use, which arise
because of any circumstances that ANONYMAILER cannot
reasonably be expected to control. Unless
otherwise specified herein, this agreement
constitutes the entire agreement between the
user and ANONYMAILER with respect to the
ANONYMAILER Sites/Services |
