1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The MailSP.Net Service ("Service") is provided to you ("Member") under the terms and conditions of this MailSP Terms (MSPT) and any operating rules or policies that may be published by MailSP. The MSPT comprises the entire agreement between Member and MailSP and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE MSPT.
2. DESCRIPTION OF SERVICE
MailSP is providing Member with the capability to send and receive electronic mail ("email") via the World Wide Web and on MailSP's own system. Member will have an email address provided by MailSP.
MailSP's e-mail system supports wireless access via devices that support the Wireless Mark-up Language (WML) version 1.1. Due to the differences between each manufacture's implementation of the WML 1.1 standards, MailSP makes not warranty or guarantee that wireless access will function correctly with your wireless device.
MailSP will provide Member with a minimum of 5MB of storage space. Member may purchase additional storage space. Member may use the storage space for storing EMAIL, including any associated attachments. Member may not store copyrighted material that does not belong to the Member.
2B. ADDRESS BOOK
MailSP will provide Member with a address book available through the the MailSP.Net web-client portal. Member will be able to store, at present, a maximum of 5,000 contacts in their contact manager. MailSP reserves the right to place more storage space limitation on Member address books in the future.
2.1 Additional Service Terms
In consideration for this Service, Member agrees to: (1) provide certain current, complete, and accurate information about Member as prompted to do so by the Service and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data ("Registration Data"). Furthermore, Member grants MailSP the right to disclose to third parties certain Registration Data about Member and Service membership in the aggregate; however, such disclosures will exclude Member's name, mailing address, email address, account and phone number, unless: (1) Member expressly directs MailSP, or any other person Member may specifically designate to disclose such information through the Service as provided by the Service or (2) MailSP is required to disclose such information by any applicable law or legal process served on MailSP.
If any information provided by Member is inaccurate, MailSP retains the right to terminate Member's membership and rights to use the Service.
2.2 MailSP Supplied Email Account
Member agrees not to use the account for:
3. MODIFICATIONS TO TERMS OF SERVICE
MailSP may change the terms and conditions of the MSPT from time to time. Upon any change in the terms and conditions of the MSPT, MailSP will notify you by posting the changes directly into your MailSP.Net Mailbox in the form of a staff announcement, or on a web page accessible from the MailSP.Net home page. If you do not agree to be bound by the changes, you must immediately terminate your use of the Service by contacting customer support.. If you do not terminate your membership it will be taken as acceptance of the revised MSPT.
Member's continued use of the Service constitutes an affirmative: (1) acknowledgment by Member of the MSPT and its modifications; and (2) agreement by Member to abide and be bound by the MSPT and its modifications.
4. MODIFICATIONS TO SERVICE
MailSP reserves the right to modify or discontinue the Service with or without notice to Member.
MailSP shall not be liable to Member or any third party should MailSP exercise its right to modify or discontinue the Service.
Email is private correspondence between the sender and the recipient. It is MailSP's policy to respect the privacy of its Members. Therefore, in addition to the privacy of registration data as discussed
in Section 2 above, MailSP will not monitor, edit, or disclose the contents of a Member's private communications unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on MailSP; (2) protect and defend the rights or property of MailSP; or (3) act under exigent circumstances to protect the personal safety of its members or the public.
Member acknowledges and agrees that MailSP neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
Member acknowledges and agrees that certain technical processing of email messages and their content may be required to: (1)send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements.
6. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a member of the Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time by following instructions; you may also set up a new account and close an old one at your convenience.
Member agrees to immediately notify MailSP of any unauthorized use of Member's account or any other breach of security known to Member.
7. FEES AND TERMINATION
7.1 MailSP is a subscription based service and requires you to pay a membership fee upon sign up. You are given a 30 day grace period to decide if the service is right for you. If you decide to terminate your membership before the 30 day grace period is up MailSP will refund your subscription fees.
7.2 MailSP will not provide any refunds for any MailSP account that is working properly and has been used beyond the 30 day grace period. MailSP only provides refunds, after the grace period, for accounts that did not function as outlined in this MSPT.
8. DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
MAILSP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MAILSP MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES KENOSHA INFORMATION TECHNOLOGY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
MAILSP MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM KENOSHA INFORMATION TECHNOLOGY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
MAILSP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF MAILSP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. EMAIL MESSAGE STORAGE AND OTHER LIMITATIONS
MailSP assumes no responsibility for the deletion or failure to store email messages.
MailSP retains the right, at MailSP's sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of the MSPT and may terminate Service if a Member's conduct is found to be inconsistent with the MSPT.
Once a Member's storage utilization has reached the maximum, the Member may no longer be able to send or accept new email. These limitations will remain in place until Member clears space on their MailSP account. Member agrees not to hold MailSP responsible for lost email or any file attachments due to a lack of account storage space.
The Member is supplied with a Control Panel to monitor their bandwidth. If the Member has used over their allotted monthly bandwidth, MailSP will attempt to notify the Member by email notification at the beginning of the next month with payment details. MailSP retains the right to disable any account going over their bandwidth quota, however in most cases will allow the account to remain active unless the full overage payment is not received within 10 days after this notification is sent. Bandwidth overage costs are based on US $5.00 per 500 MegaBytes (MB) per month and pro-rated at $0.01 per MegaByte thereafter. The Member agrees not to hold MailSP responsible for lost email or any file attachments due to non-payment and disabling of the account.
MailSP, at our discretion, may block or discard certain types of bulk e-mail known as Safelists. Safelists are a specific form of bulk e-mail marketing that often requires excessive system resources at the expense of our other customers. To protect our system, MailSP reserves the right to categorically block or discard mail generated by safelists or other bulk marketing services at anytime and without prior notification.
11. MEMBER CONDUCT
Member is solely responsible for the contents of his or her transmissions through the Service.
Member's use of the Service is subject to all applicable local, state, national and international laws and regulations.
Member agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4)to comply with all regulations, policies and procedures of networks connected to the Service.
The Service makes use of the Internet to send and receive certain messages; therefore, Member's conduct is subject to Internet regulations, policies and procedures. Member will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar,obscene or otherwise objectionable material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local,state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.
Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
MailSP may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform with these terms and conditions of the MSPT.
Member agrees to indemnify and hold MailSP, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of this MSPT by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity.
Either Member or MailSP may terminate the Service with or without cause at any time and effective immediately, with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party. MailSP shall not be liable to Member or any third party for termination of Service.
Should Member object to any terms and conditions of the MSPT or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify MailSP of termination.
Upon termination of the Service, Member's right to use the Service and Software immediately ceases. Member shall have no right and MailSP will have no obligation thereafter to forward any unread or unsent messages to Member or any third party.
All notices to a party shall be in writing and shall be made either via email or conventional mail. MailSP may broadcast notices or messages through the Service to inform Member of changes to the MSPT, the Service, or other matters of importance; such broadcasts shall constitute notice to Member.
15. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Currently, MailSP does not host advertising and has no plans to do so. If in the future MailSP does allow advertising, member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. MailSP assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
16. PROPRIETARY RIGHTS TO CONTENT
Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Member by the Service ("Content") by MailSP or MailSP's Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.
The MSPT shall be governed by and construed in accordance with the laws of the state of Wisconsin.
If any provision(s) of the MSPT is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
MailSP's failure to exercise or enforce any right or provision of the MSPT shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MailSP in writing.
Member and MailSP agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The section titles in the MSPT are solely used for the convenience of the parties and have no legal or contractual significance.