TERMS & CONDITIONS
WebMail End User License Agreement
This WebMail End User License Agreement ("Agreement") is entered into by and between 1296806 Alberta Ltd O/A NetGains Marketing, herein after referred to as NetGains Marketing, an independent contractor and you and your heirs, agents, successors and assigns (collectively, "You") and is effective upon electronic execution. This Agreement sets forth the terms and conditions of Your use of the NetGains Marketing WebMail Software ("WebMail"). Your use of WebMail constitutes Your agreement to all such terms and conditions. By using WebMail, You acknowledge You have read, understand and agree to be bound by all the terms and conditions of this Agreement, and the Universal Terms of Service, along with any new, different or additional terms, conditions or policies which NetGains Marketing may establish from time to time. Such Agreements may be found here.
1. software and service details
NetGains Marketing grants You a non-exclusive license to use WebMail for the purpose of retrieving, viewing, composing, and sending electronic mail and for other such electronic mail purposes as are ordinary and customary. You are free to use WebMail on any computer, but not on two (2) or more computers at one time.
You may customize or modify the appearance of WebMail as provided and allowed by the instructions. You may not otherwise alter or modify the Software. You are not authorized to combine WebMail with any other software program, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon WebMail.
By using WebMail, You agree to be bound by NetGains Marketing's WebMail Service Agreement here. NetGains Marketing explicitly reserves the right to terminate Your license if it comes to NetGains Marketing's attention that You are using WebMail for objectionable activities, including sending, storing or any activities associated with unsolicited email or SPAM; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; or activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; activities designed to harm minors in any way.
You agree to be bound by NetGains Marketing's general policies and limits concerning use of the WebMail service, including without limitation the maximum number of days that email messages or other content may be retained, the maximum number of email messages that may be sent from or received by an account, the maximum size of any email message that may be sent from or received by an account, the maximum disk space that will be available for use. You will not use the WebMail service (i) to back up a hosting account, (ii) to store audio or video files (or other large files or media not intended for emailing), (iii) to send high-volume, mass, or bulk emails, or (iv) for any other use in violation of NetGains Marketing's policies, as may be updated from time to time.
In addition to any and all other restrictions or obligations for using Webmail, if You elect to use any of the photo-related services offered through Webmail (collectively, the "Photo Services"), You acknowledge and agree to the terms and conditions contained in this section.
You acknowledge and agree You may not:
- post, obtain, upload or transfer any image using the Photo Services which: is threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under any applicable law; and
- infringe rights of privacy, publicity or copyrights or otherwise use content without the permission of the owner of such content and the persons (or their parents or legal guardians, where applicable) who are shown in any material.
While NetGains Marketing offers an unconditional guarantee in connection with the products purchased through the Photo Services, You acknowledge and agree the guarantee is subject to and conditioned upon the following:
- errors in spelling, punctuation, accuracy or quality in the information, text or images submitted by You when using the Photo Services;
- the submittal by You of poor quality or resolution images; and
- errors related to customizable features, including, but not limited to, enhancements, choice of finish, cropping, border selection, size and formatting.
The determination as to whether the guarantee applies to each particular order will be made by NetGains Marketing in its sole discretion. Additionally, in the event You become aware of an error, such as a misspelling in an order placed using the Photo Services, You acknowledge and agree You will have up to sixty (60) minutes in which to call customer service to have the order cancelled due to an error. After such sixty (60) minutes period, all orders will be considered placed and unchangeable.
You acknowledge and agree NetGains Marketing or a third-party service provider may, but is not obligated to review any or all images provided to NetGains Marketing and is not responsible for such images. Further, NetGains Marketing expressly reserves the right to delete, edit or rearrange images that, in its sole discretion, it deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable, and You acknowledge and agree to NetGains Marketing's right to do so. You also acknowledge and agree NetGains Marketing or a third-party service provider may remove, publish, copy, modify, transmit and/or display any image submitted using the Photo Services. In the event You submit any images that are in violation of these terms and conditions, You acknowledge and agree NetGains Marketing or a third-party service provider may retain such image(s) and charge You for the full amount of Your order including a reasonable service charge for handling the order.
You agree to defend, indemnify and hold harmless NetGains Marketing for, from and against any and all damages, liabilities, costs and expenses (including, but not limited to, attorneys' fees and costs) incurred by NetGains Marketing as a result of third-party claims in connection with (i) Your use of the Photo Services in violation of the terms and conditions set forth in this Section; (ii) Your use of the Photo Services to the extent that such use causes or is the basis for such third-party claim(s); (iii) the violation of any applicable law to the extent such violation results from Your use of the Photo Services; and/or (iv) claims that any material You provide in connection with the Photo Services infringes or misappropriates any or all intellectual property rights of a third-party.
Termination, cancellation of this agreement
Unless otherwise agreed, this Agreement may be terminated by the client at any time by providing NetGains Marketing with Thirty (30) days’ written notice via NetGains Marketing’s Webmail Agreement Cancellation Form located here. If the client has purchased an annual Email package and chooses to terminate this agreement before the end of the contract term, the client will not be entitled to a refund. If the client is on a month to month hosting plan, the client will be responsible for the monthly fees for the 30 days following the date of cancellation. The Client agrees that NetGains Marketing reserves the right to terminate Webmail Services without advance notice if the Client's web solution is detrimental to the Hosting environment including acts of Spam or if the webmail solution negatively affects server performance or other web solutions on the Hosting environment.
You agree that in using Webmail, (including the software of NetGains Marketing's licensor (collectively "Software"):
- You are granted only a personal, nontransferable, nonsublicensable, nonexclusive right to use the Software solely for Your internal purposes. You shall and will not remove or alter any trademarks, or other proprietary notices, legends, symbols, or labels appearing on or in copies of the software or other materials;
- NetGains Marketing and/or its third party licensors retain exclusive intellectual property rights in the Software, and no title to such intellectual property is transferred to You;
- NetGains Marketing and/or its third party licensors make no warranties to You in connection with the Software, and expressly disclaim any implied warranties of merchantability or fitness for a particular purpose;
- NetGains Marketing and/or its third party licensors shall not be liable to You for any indirect, consequential, incidental or special damages arising out of the use or license of the Software, regardless of the theory of liability (including negligence and strict liability); and
- NetGains Marketing and/or its third party licensors may terminate Your right to the use the Software upon written notice in the event You fail to comply with the terms set forth in this Agreement.
2. NetGains Marketing 's rights
NetGains Marketing retains all rights to this Software. WebMail and any copies that You are authorized to make are the intellectual property of NetGains Marketing. The source code and its organization are the exclusive property of NetGains Marketing and WebMail is protected by copyright, including United States Copyright Law. You agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. Except as expressly stated in Section I above, this Agreement does not grant You and rights in WebMail and all rights are reserved by NetGains Marketing.
NetGains Marketing reserves the right to:
- Modify Pricing through email notification.
- Terminate Your license for unsolicited, commercial e-mailing; illegal access to other computers or networks (i.e. hacking); distribution of Internet Viruses or like destructive activities; and other activities whether lawful or unlawful that we determine harmful to subscribers, operations, and reputation.
- Terminate Your license if the contents of Your email result in or are the subject of, legal action or threatened legal action, against NetGains Marketing or any of its affiliates or partners, regardless of whether or not such legal action or threatened legal action is eventually determined to be with or without merit. The decision to terminate Your license shall be done solely by NetGains Marketing, and in doing so, NetGains Marketing shall not be required to consider the merits of legal action or whether threatened legal action will actually come to pass.
- Terminate Your license if Your use is in violation of this Agreement or any NetGains Marketing policy.
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