1. ACCEPTANCE OF TERMS
Please read this agreement carefully before selecting the "accept" icon. By accepting this agreement and/or using MailVICE System, you agree that in addition to the terms and conditions of your agreement with your ISP, you also agree to be bound by the terms and conditions of this agreement. If you do not wish to be bound by this agreement, you may not use the MailVICE System. MailVICE may modify this agreement at any time, and such modifications shall be effective immediately upon either posting of the modified agreement or notifying you. You agree to review the agreement periodically to be aware of such modifications and your continued use of the MailVICE System shall indicate your acceptance of the modified agreement.
2. DESCRIPTION OF THE MailVICE System
MailVICE provides users with access to the MailVICE System, a system for processing email. The MailVICE System includes software programs that perform a number of functions that allow the End User to have control over all of their email directed through the MailVICE System.
The MailVICE System, unlike other global initiatives such as SenderID (SenderID Sender ID was an anti-spam proposal from the former MARID IETF working group that joined Sender Policy Framework (SPF) and Caller ID) and SPF (SPF Sender Policy Framework (SPF) is an extension to the Simple Mail Transfer Protocol (SMTP). SPF allows software to identify and reject forged addresses in the SMTP MAIL FROM (Return-Path), a typical nuisance in e-mail Spam), actually validates the network of an originating email without the need to make a global change to the DNS (DNS The domain name system (DNS) stores and associates many types of information with domain names, but most importantly, it translates domain names (computer hostnames) to IP addresses) record. This eliminates spoofing and allows the MailVICE System user to trust his contacts, not only by email address, but also by the networks they send email from. MailVICE System users trust senders and the networks they send from, then MailVICE verifies whether or not that sender has the right to send them email. This patentable forensic technology protects thousands of MailVICE System users who NEVER receive U.C.E., and do not lose incoming email due to overzealous or misconfigured “filtering” technology.
Functions of the MailVICE System include, but are not limited to, the following:
3. REGISTRATION OBLIGATIONS
In consideration for your use of the MailVICE System, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the MailVICE System's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MailVICE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MailVICE has the right to suspend or terminate your account and refuse any and all current or future use of the MailVICE System (or any portion thereof).
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You may receive a password and account designation upon completing the MailVICE System's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MailVICE of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MailVICE cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not MailVICE, are entirely responsible for all Content that you email, transmit or otherwise make available via the MailVICE System. MailVICE does not control the Content posted via the MailVICE System and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will MailVICE 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 Content posted, emailed, transmitted or otherwise made available via the MailVICE System.
You agree to not use the MailVICE System to:
You understand that the technical processing and transmission of the MailVICE System, 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.
You understand that the MailVICE System and software embodied within the MailVICE System may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by MailVICE and/or content providers who provide content to the MailVICE System. You may not attempt to override or circumvent any of the usage rules embedded into the MailVICE System. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the MailVICE System, in whole or in part, is strictly prohibited.
You agree to indemnify and hold MailVICE and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you email or transmit or otherwise make available through the MailVICE System, your use of the MailVICE System, your connection to the MailVICE System, your violation of the TOU, or your violation of any rights of another.
8. NO RESALE OF MAILVICE SYSTEM
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the MailVICE System (including your MailVICE ID), use of the MailVICE System, or access to the MailVICE System.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MailVICE may establish general practices and limits concerning use of the MailVICE System, including without limitation the maximum number of days that email messages, will be retained by the MailVICE System. You agree that MailVICE has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the MailVICE System. You further acknowledge that MailVICE reserves the right to modify these general practices and limits from time to time.
10. MODIFICATIONS TO MAILVICE SYSTEM
MailVICE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the System (or any part thereof) with or without notice. You agree that MailVICE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the MailVICE System.
You agree that MailVICE may, under certain circumstances and without prior notice, immediately terminate your MailVICE account, any associated email address, and access to the MailVICE System. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOU or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the MailVICE System (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the MailVICE System. Termination of your MailVICE account includes (a) removal of access to the MailVICE System, including but not limited to (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the MailVICE System. Further, you agree that all terminations for cause shall be made in MailVICE's sole discretion and that MailVICE shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the MailVICE System.
12. MAILVICE’S PROPRIETARY RIGHTS
You acknowledge and agree that the MailVICE System and any necessary software used in connection with the MailVICE System ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by MailVICE, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the MailVICE System or the Software, in whole or in part.
MailVICE grants you a personal, non-transferable and non-exclusive right and license to use the MailVICE System for a single email address; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, 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 MailVICE System or the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the MailVICE System. You agree not to access the MailVICE System by any means other than through the interface that is provided by MailVICE for use in accessing the MailVICE System.
You specifically warrant, commit, covenant and represent that you are not acting for or on behalf of any other person, company or entity, or the agent, affiliate or colleague of same, who operates or is planning or making preparations to operate, any email processing system that is or would be in competition with the MailVICE System, and you specifically warrant, commit, covenant and represent that you will not aid, abet or assist any such person, company or entity in attempting to copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code related to the MailVICE System or the Software.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAILVICE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT 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 MAILVICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE MAILVICE SYSTEM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) ANY OTHER MATTER RELATING TO THE MAILVICE SYSTEM.
15. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
16. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this agreement.
MailVICE may provide you with notices, including those regarding changes to the TOU, by email, regular mail or postings on the MailVICE System.
18. TRADEMARK INFORMATION
MailVICE logos and product and service names are trademarks of MailVICE. (the "MailVICE Marks"). Without MailVICE's prior permission, you agree not to display or use in any manner the MailVICE Marks.
19. GENERAL INFORMATION
Entire Agreement. The TOU constitutes the entire agreement between you and MailVICE and governs your use of the MailVICE System, superseding any prior agreements between you and MailVICE with respect to the MailVICE System. You also may be subject to additional terms and conditions that may apply when you make any additional transaction with MailVICE, or when you use or purchase any affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOU and the relationship between you and MailVICE shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. You and MailVICE agree to submit to the personal and exclusive jurisdiction of the courts located within Knox County, Tennessee.
Waiver and Severability of Terms. The failure of MailVICE to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your MailVICE account is non-transferable and any rights to your MailVICE ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. 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 MailVICE System or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOU are for convenience only and have no legal or contractual effect.
Copyright © Copyright 2005-2007, Ingenious Systems Research LLC, All rights reserved
Any trade names, trademarks, service marks, logos, or products mentioned herein are the sole properties of their respective owners. MailVICE is a trademark of Ingenious Systems Research LLC.