Premium Email Services Agreement
This Premium Email Services Agreement ("this Agreement") sets forth the terms and conditions of supply of premium email services by Webvisions, a division of ICONZ-Webvisions group of companies ("ICONZ- Webvisions") to you ("Customer").
Webvisions shall provide the Customer with groupware services Premium Email Services which include a web-based solution (covering email, calendar, contact and task list services) upon receipt of the Customer’s order for such services together with the relevant fees.
The Premium Email is only provided in conjunction with the acquisition of a Domain Name registered with Webvisions and is only operational if associated with such Domain Name. If the Domain Name is not renewed, transferred or assigned to another platform or another person, or is deleted according to a court order or a settlement agreement, or ceases to be linked to the Customer, the Customer's account or to Webvisions, the Premium Email will be terminated. It is the Customer’s sole and entire responsibility to backup the Content of the Premium Email before such termination and Webvisions is not liable for any loss of data incurred or other loss as a result.
The Customer is granted a non-exclusive, non-transferable limited license to access and use the Premium Email service with certain functions selected by the Customer during the order process. By accepting this license, the Customer shall not by itself and not allow any third party to: (i) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas or user interface techniques or algorithms or any portion of the software and any technology made available as part of the Premium Email ; (ii) modify or create derivative works of the Premium Email; (iii) incorporate or embed the Premium Email, in whole or in part, into another product or other computer software code; or (iv) remove, alter, cover or obscure any copyright notice or any other notice or trademark that appears on the Premium Email, on any copies, or any media made available through such services. All rights in the Premium Email not expressly granted to the Customer hereunder are reserved to Webvisions and its licensors. For the avoidance of doubt, the Customer expressly acknowledges that there are no implied rights.
Use of the Services
4.1 The Premium Email Services are only for use by the Customer and its end users. The Customer must notify Webvisions by email within five (5) days of any notice received by the Customer that could adversely affect Webvisions including, but not limited to, notices of claims or proceedings involving the Premium Email. The Customer must promptly notify Webvisions of any errors, "bugs," or problems experienced in using the Premium Email.
Webvisions has no control over and accepts no responsibility for the Content transiting via the Premium Email. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, Webvisions MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE, COMMON LAW OR OTHERWISE FOR ITS SERVICES AND DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
The Customer may not interfere with the use by Webvisions or others of the Premium Email, nor may the Customer sublicense the Premium Email or allow third parties to use the Premium Email, save for use by its end users.
4.2 The Customer agrees not to upload, post, email, transmit or otherwise make available any Content (i) that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of privacy, or racist; harm minors in any way; impersonate any person or entity, or falsely state or otherwise misrepresent affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Premium Email (ii) that is unauthorised or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (iii) which is unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or any other form of solicitation; (iv) that contains software viruses 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 interfere with or disrupt the Premium Email or servers or networks connected to the Premium Email, or disobey any requirements, procedures, policies or regulations of networks connected to the Premium Email; (v) intentionally or unintentionally violate any applicable local, state, national or international law, including any rules of any national or other securities exchange, or any regulations having the force of law.
The Customer acknowledges and agrees that Webvisions may access, preserve and disclose the Customer account information and Content if required by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement; respond to claims that any Content violates the rights of third parties, respond to the Customer requests for services or protect the rights, property or personal safety of Webvisions, its customers and the public.
The Customer shall be responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted to the Customer or by the Customer which are uploaded, posted, emailed, transmitted or otherwise made available by using the Premium Email.
Webvisions does not control the Content posted, emailed, transmitted or otherwise made available via the Premium Email and, as such, does not guarantee the accuracy, integrity or quality of such Content. The Customer understands that by using the Premium Email, they may be exposed to Content that is offensive, indecent or objectionable. Webvisions is not be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any such Content. Webvisions is not obliged to monitor the Content hosted via the Premium Email. Use of the Content shall be at Customer's and its end users' own risk.
If it comes to Webvisions’ attention that illegal Content is being hosted via the Premium Email, Webvisions is entitled to remove it promptly, without notifying the Customer from whom the Content originated or by whom it was made available and take the necessary steps including, reporting to relevant law enforcement authorities and assisting them in the investigations. Webvisions shall also remove the Content pursuant to a court order issued by a court of competent jurisdiction.
If Webvisions receives a claim regarding infringing Content, please note that the procedure as set out in the Copyright Act Notification shall apply. To the extent permitted by applicable laws, Webvisions reserves the right to suspend, cancel or terminate the Premium Email in the event that illegal or infringing Content is being hosted on Premium Email and it is not liable to make any compensation to Customer as a result of such suspension, cancellation or termination.
Availability of the Premium Email
Save as otherwise provided herein, Webvisions shall provide the Premium Email for twenty-four (24) hours per day, seven (7) days per week during the Term. Webvisions does not warrant availability of the Premium Email on a continuous or uninterrupted basis and the Customer acknowledges that Premium Email may be inaccessible or inoperable due to (a) equipment malfunctions; (b) periodic maintenance or repairs; or (c) causes beyond the control of or that are not reasonably foreseeable by Webvisions, including without limitation, strike, lockout, boycott, Act of God, fire, flood, explosion, earthquake, acts of governments, war, terrorism attack, interruption, malfunction, damage or failure of machinery, computers, computer systems, electric power, telecommunication or digital transmission links, hostile network attacks, network congestion or other failures or other acts of force majeure not specifically set out above.
The Customer shall pay fees for the Premium Email using the payment methods described in the applicable pricing page, http://www.webvisions.com/email/premium-email, at the time of ordering of services. Renewal fees for the Premium Email must be paid at least one (1) day before the expiration of the subscription. Except as provided herein, all fees are non-refundable, in whole and in part, even if the Premium Email is suspended, cancelled or terminated prior to the expiration of the Term.
This Agreement shall commence from the date of registration for Premium Email and terminate on its expiration date or earlier termination unless otherwise renewed in accordance with the terms herein (“Term”). Prior to expiration, the Customer may renew their Premium Email subscription using Webvisions’ automated processing system. Webvisions will send a Premium Email expiration notification to the Customer, by email sent to their email address last registered with Webvisions. Webvisions shall not be liable in the event the Customer fails to renew its subscription, if the email address provided by the Customer is erroneous or out of date, and/or if the Customer fails to receive the email containing the Premium Email expiration notification. The Customer shall assume sole responsibility for renewing their subscription for the Premium Email. If their subscription is not renewed prior to its expiration date, the Premium Email Services will be terminated and its Content shall be automatically deleted.
The Customer acknowledges that Webvisions may set limits concerning use of the Premium Email, including without limitation, the maximum number of days that email messages or other uploaded Content will be retained by the Premium Email, the maximum number of email messages that may be sent from or received by an account on the Premium Email, the maximum size of any email message that may be sent from or received by an account on the Premium Email, the maximum disk space that will be allotted on Webvisions’ servers on the Customer behalf, and the maximum number of times (and the maximum duration for which) the Customer may access the Premium Email in a given period of time. The Customer agrees that Webvisions is not liable for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Premium Email. The Customer acknowledges that Webvisions reserves the right to deactivate subscriptions that are unpaid for an extended period of time not less than thirty (30) days. The Customer further acknowledges that Webvisions reserves the right to modify these limitations from time to time.
Webvisions reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Premium Email or any part thereof with or without notice. The Customer agrees that Webvisions shall not be liable to the Customer or to any third party for any modification, suspension or discontinuance of the Premium Email. The continued use of the Premium Email shall be deemed acceptance of such service modifications as aforesaid.
Webvisions may, at its sole discretion and without prior notice, immediately terminate the Customer subscription to the Premium Email, any associated email address, calendar, task list and access to the Premium Email for cause and which includes the following:
- Deletion, failing to renew, transfer or loss of the Domain Name associated with the Premium Email.
- breaches of this Agreement, General Terms and Conditions, other incorporated agreements or guidelines, laws or requests by law enforcement or other government agencies,
- a request by the Customer (self-initiated subscription termination),
- discontinuance or material modification to the Premium Email or unexpected technical or security issues or problems, engagement by the Customer in fraudulent or illegal activities,
- non-payment of any fees owed by the Customer in connection with the Premium Email.
The Customer understands and agrees that Termination of the Premium Email includes:
- the removal of access to all offerings within the Premium Email including any e-mail that the Customer may have stored,
- the deletion of the Customer password and all related information, files and Content associated with or in the Customer Account or any part thereof, and
- barring of further use of the Premium Email.
Webvisions shall not be liable to the Customer for any loss or damage or compensation following termination of their subscription, any associated email address, or access to the Premium Email in the manner as set out above.