Registration for this service constitutes acceptance of these terms and conditions.
We reserve the right to refuse service to anyone.
We reserve the right to modify and/or change, add to or discontinue any aspect of our service including terms and conditions, policy and pricing without notice.
All sales are final and prepaid for a specified term.
Renewals are optional after the initial term is up, but pricing will be set at the rates in effect at that time.
Account renewals not paid in full (payment received by us) by anniversary date are subject to closure and the reserved name resold.
Every use of the service constitutes acceptance of the terms and conditions in place at that time.
In registering for the service, you represent and warrant that you have adequate legal capacity to enter into binding agreements and are over the age of 13 years old.
You agree to provide and maintain accurate, complete and updated registration information and you agree to keep such information current.
You are responsible for all activity made by you or anyone you allow to use your account.
You are responsible for maintaining the confidentiality of your password and for any liability resulting from disclosure of your password. You agree that, upon becoming aware that your password or account is (or possibly is) being used without authorization, you will immediately change your password and notify Business Applications by sending an e-mail to .
You are responsible for obtaining your own Internet access, including maintaining all telephone, computer hardware and other equipment needed for access to and use of the service, and all charges related thereto. Any telephone and/or other communication charges incurred by you to access the service are your responsibility.
You are responsible for protecting yourself from the receipt of virus, worms and/or other malicious code programs.
You indemnify us against all claims and damages arising from receipt of such malicious code programs.
We have the right, but not the obligation, to monitor usage and examine contents utilized with our services. We reserve the right to edit and/or remove any material we find that is objectionable, in violation of these terms and conditions, or is otherwise stale. Users are solely responsible for their content.
You may not:
1) Select or use an account name of another person.
2) Use an account name of anyone else without authorization.
3) Use an account name in violation of the intellectual property rights of another.
4) Use an account name that we consider to be offensive.
5) User shall not use the services for spamming. Spamming includes, but is not limited to:
a) The bulk sending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients,
b)The sending of junk mail,
c)The use of distribution lists that include people who have not given specific permission to be included in such distribution process,
d)Posting commercial ads to USENET newsgroups that do not permit it,
e)Posting articles containing binary encoded data to anon-binary newsgroups,
f)Excessive and repeated posting off-topic messages to newsgroups,
g)Excessive and repeated cross-posting,
h)E-mail harassment of another Internet user or users, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive, and
i)The e-mailing of age-inappropriate communications or content to anyone under the age of 18.
We reserve the right to legal action upon those sending such mail and messages through our servers.
You agree that
Business Applications LTD. may establish general practices and limits concerning
use of the Service. These may include, among others:
a) The maximum number of days that unread e-mail messages will be retained by the Service.
b)The maximum number of e-mail messages that may be sent from or received by an account on the Service.
c)The maximum size of any e-mail message that may be sent from or received by an account on the Service.
d)The maximum disk space that will be allocated on Business Application servers on a subscriber's behalf.
e)The maximum number of times (and the maximum duration for which) a subscriber may access the Service in a given period of time.
The Business Applications LTD. email service and network including, without limitation, email addresses, is owned by Business Applications LTD..
Email in inactive or terminated accounts may be deleted in accordance with Business Applications LTD. policies.
Business Applications LTD. uses a variety of techniques to eliminate email or attachments that Business Applications LTD. believes are unsolicited, inappropriate or harmful. In doing so, Business Applications LTD. may block or delete email or attachments sent by you or to you, even though such email or attachments may not be unsolicited, inappropriate or harmful. You agree that Business Applications LTD. is not responsible for any email or attachments that are blocked or deleted for any reason and that you have no right, and Business Applications LTD. has no obligation, to retrieve or access any such deleted or blocked email or attachments.
You acknowledge that Business Applications LTD. may implement prioritization practices in connection with accessing the Service and that your ability to establish and maintain a connection to the Service may be limited, in connection with such practices or otherwise. You acknowledge that any limits Business Applications LTD. establishes may differ for different portions of the Service, and in particular may be set at different levels for subscribers based on factors determined in Business Applications LTD. sole discretion, which may or may not include, among others, a subscriber's chosen service level, specific usage patterns, geographic location, the particular telecommunications carrier through which a connection to the Service is attempted or established, and/or a subscriber's participation in certain programs designed to generate revenues for Business Applications LTD..
You acknowledge that Business Applications LTD. may restrict or limit the use of third party software or services in connection with the Services.
You also acknowledge that Business Applications LTD. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Business Applications LTD. has the right to terminate your account or access to our services for any reason, including, without limitation, if it, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the terms and conditions of service (either directly or through breach of any other terms and conditions or operating rules applicable to you). Business Applications LTD. may, but shall be under no obligation to, provide you a warning prior to termination of your use of our services.
You expressly agree that use of our services is at your sole risk. None of the companies, the affiliated providers or any of their respective affiliates, directors, officers, employees, agents, third party content providers or licensors warrant that the services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the services, or as to the accuracy, reliability or content of any information, service or products provided.
You agree to defend, indemnify and hold harmless Business Applications LTD. and our providers and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of our services.
We make available our services on an as is, as available basis without warranties of any kind, either express or implied.
Business Applications LTD. assumes no responsibility for the deletion or failure to store, loss or misdirection, delivery or timely delivery of messages, or for abusive use of our systems.
The disclaimers of liability by Business Applications LTD. and our providers contained in this section apply to any damages or injury caused by any (1) failure of performance, (2) error, (3) omission, (4) mis-direction, (5) interruption, (6) deletion, (7) defect, (8) delay in operation or transmission, (9) computer virus, (10) communication line failure or (11) theft, destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action. you specifically acknowledge that none of the providers is liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.
In no event will Business Applications LTD. or any person or entity involved in creating, producing or distributing the services offered by Business Applications LTD. or our providers be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the features and content provided by us and our providers or out of the breach of any warranty. You hereby acknowledge that the provisions of this section shall apply to all content provided by Business Applications LTD. and our providers. Business Applications LTD., or our providers' liability, if any, to a user shall in no event exceed the total amount paid to Business Applications LTD., or our providers by such user.
Business Applications LTD. and our providers neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement offered through our services, nor for any offensive, defamatory or obscene posting made on the community areas by anyone other than authorized Business Applications LTD. employee spokespersons while acting in their official capacities. Under no circumstances will any of the service providers be liable for any loss or damage caused by your reliance on information obtained through Business Applications LTD. services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other information available through our services. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
Business Applications LTD. and our providers do not endorse, warrant or guarantee any products or services offered through Business Applications LTD. and will not be a party to or in any way monitor any transaction between users and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Business Applications LTD. and our providers make products or services available, without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to the terms of service.
There may be extra charges to use our services, when they are deemed, at our sole discretion, to be in excess of normal activity. These charges may be for bandwidth utilization and/or disk storage. In order to continue use of the services, you will have to agree to pay such charges.
Business Applications LTD., as an online business, transacts with its members electronically. When you sign up for any of our products and services, you consent to receive electronically from Business Applications LTD. any privacy or other notices, agreements, disclosures, reports, documents, communications, or other records (collectively, "notices"). You agree that Business Applications LTD. generally can send you electronic notices in either or both of the following ways: (1) to your registered e-mail address, or (2) to the e-mail address that you provided to Business Applications LTD. during registration or (3) Business Applications LTD. may post certain notices on a welcoming screen. You agree that certain additional charges may also have their own notice procedures. As long as you are able to access and use our services, you will have the necessary software and hardware requirements to receive electronic notices from Business Applications LTD.. The delivery of any notice from Business Applications LTD. is effective when sent by Business Applications LTD., regardless of whether you read the communication when you receive it or whether you actually receive the delivery. Your only method of withdrawing consent to receive notices electronically is to terminate any subscriptions, services or other products provided under this agreement.
You represent that the user id selected by you, when used alone or combined with a first, second or third level domain name, does not interfere with the rights of any third party and is not being selected for any unlawful purpose. You acknowledge and agree that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, Business Applications LTD. may immediately suspend the use of such an E-mail address, and you will indemnify and hold Business Applications LTD. harmless, in accordance with the indemnification section above, for any claim or demand against Business Applications LTD. that arises out of such selection. You acknowledge and agree that neither Business Applications LTD. nor any of its licensors shall be liable to user in the event Business Applications LTD. is ordered or required, as a result of a court order or legal settlement, or contractual requirement with any licensor, to desist from using or permitting the use of a particular domain name as part of a Business Applications LTD. E-mail address. If as a result of such action, you lose an E-mail address, your sole remedy shall be the receipt of a replacement Business Applications LTD. E-mail address.
If any provision hereof shall at any time be held to be void, invalid or unenforceable, such provision shall be construed as severable and shall not in any way affect or render void, invalid or unenforceable any other provision of this Agreement, and this Agreement shall be carried out as if such void, invalid or unenforceable provision were not part of this Agreement.
You and Business Applications LTD. 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.
This Agreement shall be binding upon and inure to the benefit of any Business Applications LTD. successor companies or assigns.
You agree to utilize the service for lawful purposes only.
No pornography, gambling and/or any illegal activities as defined by the laws of the state of California and the United States Federal Government.
You agree that there are no mail storage and archive facilities included in the base service.
You also agree that unclaimed mail after 30 days will be subject to deletion without notice.
You agree that disk storage space for messages is limited to 2mb per account in the base service. Additional storage space may be purchased.
You agree that heavy usage accounts, as defined solely at Business Applications LTD. discretion, may be assessed additional storage and bandwidth charges.
You may not post on or transmit through community areas (e.g., message boards, e-mail, listserv) any material that (1) violates or infringes in any way upon the rights of others, (2) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, (3) encourages conduct that would constitute a criminal offense, (4) gives rise to civil liability or (5) otherwise violates any law. You also may not undertake any conduct that, in our judgment, restricts or inhibits any other user from using or enjoying our services including without limitation the community areas.
Your membership gives you access and use of our communication tools, including such features as sending and receiving e-mails and posting websites. This does not mean that you may use such communication tools to send unsolicited bulk e-mail or unsolicited communications.).
You agree not to transfer E-mail address for gain or otherwise. Transfer of such E-mail address will result in termination of contract with end user.
You shall not resell, rent, lease, grant a security interest in, or make commercial use of the Business Applications LTD. services without the express written consent of Business Applications LTD..
You shall not attempt to interfere in any way with Business Applications LTD. networks or network security, or attempt to use the Business Applications LTD. service to gain unauthorized access to any other computer system.
You may not use any area of our servers and/or services or other property to harvest or collect information, including account names, about our users, and the use of such information for the purpose of sending unsolicited bulk e-mail or instant messages is strictly prohibited.
You shall not upload, post or otherwise make available on any service area such as listservs, web pages, etc. any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining whether copyright, trademark or other proprietary right protects such material. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.