Terms & Conditions of the MailFinity Service

All users must read and accept the following MailFinity terms and conditions of service before opening, accessing or continuing to access a MailFinity account. These terms contain important legal obligations, limitations and indemnities.

Eligibility
This MailFinity service is provided to individuals who are at least 16 years old or to minors who have parental consent to open, access and continue to access a MailFinity account.

MailFinity is provided to individuals only and for personal and commercial use only. Any resale of the MailFinity service is expressly prohibited.

Description of Service
MailFinity provides users with a free personal eMail box from which they may send and receive messages and attachments via the Internet.

MailFinity will endeavour to give you notice of planned downtime or outages for the maintenance or improvement of the MailFinity service but cannot guarantee to do so. MailFinity reserves the right to alter or suspend the MailFinity service, without notice, at any time.

You may opt to receive advanced eMail and associated services from MailFinity from time to time. Charges notified to you may be payable by you for advanced services.

User Account, Password and security
MailFinity require you to enter various confidential account and password information to gain access to your mailbox. You are entirely responsible for maintaining the confidentiality of your account and password. Furthermore you are entirely responsible for any and all messages, attachments and activities that are undertaken through your account.

You shall notify MailFinity immediately of any unauthorised use of your account or any other breach of security. MailFinity will not be liable for any loss that you may incur as a result of someone else using your account and password, either with or without your knowledge. However you could be held liable for losses incurred by MailFinity, its associates or any other person due to someone else using your account and password. You shall not use any other persons account at any time.

You may change your confidential password whenever you wish to by using the appropriate facility within the system.

Virus Disclaimers and Indeminity
MailFinity accepts no liability whatsoever for users or recipients costs, claims, damages or expenses in respect of any virus infection or dissemination however arising in connection with the MailFinity Service.

You agree to indemnify and hold MailFinity and its associates free from any liability either from direct, indirect, incidental, special, consequential, or exemplary damages, including (without limitation) compensatory damages, loss of data, loss of goodwill, loss of use, income or profit loss, or other intangible losses (even if MailFinity has been advised of the possibility of such damages) and all other costs, claims and expenses in respect of any virus infection or dissemination however arising in connection with your use of the MailFinity service.

Disclaimer
You understand and agree that the MailFinity service is provided by MailFinity on an AS IS and that MailFinity assumes no liability for the security, encryption, disclosure, timeliness, deletion, delayed, missed or failed delivery of or failure to store your or any other persons messages, attachments or personalised settings.

Future Functionality
MailFinity may in the future introduce advanced encryption and digital signature facilities to users for a set charge. If this option is taken up users will be required to go through an authentication process, yet to be defined.

Use of Service
You are solely responsible for your messages and attachments sent or received through MailFinity.

You agree that you will not use the MailFinity service for any purpose that is unlawful or prohibited by these Terms and that you will comply with all local, state, national and international laws and regulations arising in connection with MailFinity.

You shall not use MailFinity in any way that may damage, interfere or overburden the MailFinity service, any other connected networks or interfere with any other lawful use of MailFinity by other persons. You shall not attempt to gain unauthorised access to any other MailFinity accounts of other persons by any means.

You agree that when using MailFinity, you shall not:

(i) send unsolicited messages or attachments, SPAM, chain letters, surveys, contests (commercial or otherwise);

(ii) defame, abuse, harass, stalk, threaten or otherwise violate the privacy or other legal rights of other persons;

(iii) distribute, post or disseminate any inappropriate, profane, indecent, obscene, vulgar, defamatory, libellous, tortious, infringing, hateful, unlawful or racially, ethnically or otherwise objectionable topic, messages or attachments;

(iv) send messages or attachments that contain viruses, Trojan horses, worms, time bombs or any other software that may damage, disrupt or interfere with the operation of other persons computer or the software, data or property of another;

(v) interfere with or restrict any other persons access to MailFinity;

(vi) violate any code of conduct or other guidelines of other communication services;

(vii) violate any applicable laws or regulations of any applicable jurisdiction; or

(viii) create any false identities for the purpose of misleading other persons or impersonate any other person otherwise misrepresent your affiliation with any other person.

Disclosures
MailFinity reserves the right to disclose any messages, attachments, or information held by it in order to, in its reasonable opinion, satisfy any applicable law, regulation, legal process or governmental request in any jurisdiction or to protect and defend the rights and property of MailFinity or its associates, or other users of the MailFinity service. MailFinity retains details of users passwords in order to provide help and administration of accounts.

Terminiation of your Account
MailFinity reserves the right, at its sole discretion, to terminate your MailFinity account and access to MailFinity at any time, without notice.

Your MailFinity account and access may be terminated immediately, without notification, if MailFinity, at its sole discretion, believes you to be transmitting or otherwise connected with the communication of unsolicited bulk eMail. In addition to termination, in such circumstances, you agree to pay to MailFinity upon demand liquidated damages of 10 (Sterling) for each item of SPAM or unsolicited bulk eMail transmitted from or otherwise associated with your MailFinity account.

Your MailFinity account and access may be terminated immediately (without prejudice to MailFinitys other rights in respect of any breach), without notification, if MailFinity, at its sole discretion, believes you to be in breach of these Terms.

Your MailFinity account and access may be terminated immediately, without notification, if your MailFinity account remains or becomes dormant for a period exceeding 60 days.

Upon termination, MailFinity shall have no further obligations to you including (without limitation to the generality of the foregoing) to maintain any content or to forward any unread or unsent messages or attachments to you or any other person.

Disclaimer of Warranties
You expressly understand and agree that:

To the fullest extent permitted at law, MailFinity is providing the MailFinity service and your use of the MailFinity service is on an AS IS basis. MailFinity makes no and explicitly disclaims all representations or warranties of any kind including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the MailFinity service.

Without limitation to the generality of the foregoing, MailFinity makes no warranty that:

(i) the MailFinity service will meet your requirements;

(ii) the MailFinity service will be uninterrupted, timely, secure or error free; or

(iii) any errors in the software providing the MailFinity service will be corrected.

The downloading or viewing of any or attachments is done at your own discretion and risk and you are solely responsible for any damage to your or any other persons computer or loss of data that results from such downloading.

No advice or information, whether oral or written, obtained by you from MailFinity or from the MailFinity service shall create any warranty unless otherwise expressly stated in these Terms.

Limitation of Liability
You expressly understand and agree that, except as specifically stated in these Terms, to the fullest extent permitted by law, neither MailFinity nor any of its associates will be liable for damage arising out of, or in connection with, your use of the MailFinity service. This is a comprehensive limitation of liability that applies to any direct or indirect, incidental, special, consequential, or exemplary damages, including (without limitation) compensatory damages, loss of data, loss of goodwill, loss of use, income or profit loss or other intangible losses (even if MailFinity has been advised of the possibility of such damages) and all other costs, claims and expenses resulting from:

(i) the use or the inability to use the MailFinity service;

(ii) the cost of procurement of substitute goods and services resulting from any message or attachment received or sent purportedly through the MailFinity service;

(iii) unauthorised access to or alterations or loss or delay of your messages or attachments; or

(iv) damage to property and claims of third parties; or

(v) any other matter relating to the MailFinity service.

Indemnity
You agree to indemnify and hold MailFinity and its associates, affiliates, directors, employees, co-branders, subsidiaries, subcontractors, agents, and other representatives harmless from any cost, claim, damages, demands and expenses, including (without limitation to the generality of the foregoing) any legal fees sought by any third party due to or however arising out of your messages and attachments that you communicate or make available through the MailFinity service, your use of the MailFinity service, your connection to the MailFinity service, your violation of these Terms or your violation of any rights of any other persons.

You are authorised under any such intellectual property rights solely for the purpose of accessing and utilising your MailFinity account in accordance with these Terms upon a non-exclusive, non-transferable, revocable basis. Any authorisations or rights not expressly granted to you by these Terms are reserved to MailFinity.

Amendment of Terms
MailFinity provides the MailFinity service subject to these Terms they may be updated from time to time by MailFinity without notice to you. You will be deemed to accept the updated Terms by continuing to access the MailFinity service after any and all such updates.

Your personal data will be used and/or disclosed by MailFinity and its associates for the purposes of providing and improving the MailFinity service and also more generally in accordance with these Terms. MailFinity and its associates wish to use your personal data for direct marketing purposes, particularly to identify and offer to you goods and/or services provided by MailFinity or its associates from time to time. You are asked to consent to such use by selecting the appropriate opt in box set out in the registration pages

Use of Cookies
Please note we use cookies for administrative and security purposes. A cookie is a small piece of data that is sent to your browser from a web server and stored on your computers hard drive. The use of cookies is an industry standard and many major web sites use them to provide useful features for their customers. They enable you to personalise your settings for messages and attachments.

Our cookies do not personally identify you, although they do identify your computer. The cookie and stored information will be deleted automatically shortly after you exit or quit your browser.

Most browsers are initially set to accept cookies. If you prefer, you can set yours to refuse cookies. However, you may not be able to take full advantage of the MailFinity service and mailfinity.net web site if you do so.

Notices
All Notices to be given to MailFinity or to you under these Terms shall be by eMail and shall be deemed to have been received upon transmission from the relevant MailFinity account.

Invalidility and Serverability
If any provision of these Terms is determined to be invalid or unenforceable for any reason, then the remaining provisions shall remain unaffected and in full force and effect. You and MailFinity agree to attempt to substitute for any invalid or unenforceable provision, a valid or enforceable provision which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid and unenforceable provision.

Assignment and Subcontracting
MailFinity reserves the right at its sole discretion to assign, transfer and/or sub-contract or otherwise part with its rights and obligations under these Terms or any part thereof to any other entity. These Terms and your MailFinity account are personal to you and may not be assigned by you.