VFEmail.net User Agreement Terms of
Service and Usage By using VFEmail.net you agree to comply with all the terms and
conditions outlined below. We ask that you read this agreement before you start using the
service.
1.1 You will always provide accurate, and truthful information about yourself, when you
register with VFEmail.net and thereafter.
1.2 You will not use the service to send Junk email, also known as Unsolicited email.
Any violations of section 1.2 will be subject to a cleanup fee of $500 per violation.
1.3 You will not use the service in an illegal manner such as (but not limited to)
impersonating, sending material that is unlawful, harassing, threatening and/or infringing
of anyone's intellectual and/or privacy rights.
1.4 You understand and agree that VFEmail.net can terminate and/or change and/or modify
your account, the terms of service and anything that relates to VFEmail.net without prior notification and for any reason.
1.5 You understand and agree that VFEmail.net can't and won't be liable for anything
relating and/or resulting from the service and/or your account such as (but not limited
to) loss of email, loss of address book, misleading email, viruses attacks, you name it.
Bottom line is that usage of VFEmail.net is
at your own risk.
2 WHAT IS VFEmail.net. VFEmail.net is a web based email service allowing users that
ALREADY have a connection to the Internet (and all the tools necessary to browse the
Internet) to compose, send and receive email directly to a web browser. VFEmail.net basic services are provided at no charge
though this may change in the future. Domain hosting of Email will be offered to users as a
paid service ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE The VFEmail.net service
(the "Service"), owned by Virus Free Email, LLC and operated by Virus Free Email, LLC
is provided to you ("User") under the terms and
conditions of this VFEmail.net Agreement and any amendments thereto and any operating
rules or policies (the "AGREEMENT") that may be published from time to
time by VFEmail.net . The AGREEMENT comprises the entire agreement between User
and VFEmail.net and supersedes any
prior agreements pertaining to the subject matter contained herein. BY COMPLETING THE
REGISTRATION PROCESS AND CLICKING THE "I ACCEPT"BUTTON, YOU ARE AGREEING TO BE
BOUND BY THE AGREEMENT.
3. USER'S REGISTRATION OBLIGATIONS In consideration of use of the Service, User agrees to
provide true and accurate information about User as prompted by the Registration Form, and
to update this information on any change User may have. This information about a User
shall be referred to as "User Data." If any information provided by User is
untrue, inaccurate, not current or incomplete, VFEmail.net has the right to terminate
User's account and refuse User's use of the Service.
4. USE OF USER DATA User agrees that VFEmail.net or its designee may disclose information
to third parties about User and User's use of the Service provided that such disclosures
do not include User's name, mailing address, email address, telephone or facsimile number,
or account number, except as authorized by User or User's representative or as required by
law., or as set forth in Paragraph VII below.
5. MODIFICATIONS TO TERMS OF VFEmail.net. VFEmail.net may change the AGREEMENT from time
to time. User will be notified of any such changes by a startup screen describing the
changes. By clicking on the "I Accept" button that follows the posted changes
User agrees to be bound by the modifications to the AGREEMENT. If User does not click the
"I Accept" button, User's account will be terminated.
6. MODIFICATIONS TO SERVICE . User agrees that VFEmail.net shall not be liable to User or
any third-party for any modification or discontinuance of the Service temporarily or
permanently, with or without notice to User.
7. VFEmail.net PRIVACY POLICY VFEmail.net
will not monitor, edit or disclose the contents of a User's email or any other
communication based on VFEmail.net, except that User agrees VFEmail.net may do so: (a)
as part of the technical processing of the VFEmail.net communication; (b) as required by
law or legal process; (c) if necessary to enforce the AGREEMENT; (d) to respond to claims
that such contents violate the rights of third-parties; (e) to protect the rights or
property of VFEmail.net, or others. User acknowledges and agrees that VFEmail.net does
not endorse the content of any User communications and is not responsible or liable for
any unlawful, harassing, , privacy invading, abusive, threatening, harmful, vulgar,
obscene , or otherwise objectionable content, or content that infringes or may infringe
the intellectual property or other rights of another.
8. MEMBER ACCOUNT, PASSWORD AND SECURITY User will receive a password and account
designation upon completing the registration process. User is responsible for maintaining
the confidentiality and of anything relates to User's password and account..User will
promptly notify the Service of any unauthorized use of User's password or account or any
other breach of security.
9. MEMBER CONDUCT User agrees to comply with all applicable laws and regulations in User's
use of the Service, and agrees not to interfere with the use of the Service by other
Users. User agrees to be solely responsible for the contents of User's transmissions
through the Service. User agrees (a) not to use the Service for illegal purposes; (b) not
to interfere with or disrupt the Service or servers or networks connected to the Service;
(c) to comply with all requirements, procedures, policies and regulations of networks
connected to the Service; and (d) to comply with all applicable laws regarding the
transmission of technical data exported from the United States. User agrees not to
transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind.
User agrees not to transmit any material that violates the rights of another, including
but not limited to the intellectual property rights of another. User agrees not to
transmit any material that violates any applicable local, state, national, or
international law or regulation. User agrees not to attempt to gain unauthorized access to
other computer systems or networks connected to the Service. Finally, User agrees not to
transmit "junk mail", "spam", "chain letters", or
unsolicited mass distribution of email.
10. INDEMNITY User agrees to indemnify and hold VFEmail.net, and 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
User's use of the Service, User's connection to the Service, User's violation of the
AGREEMENT, or User's violation of any rights of another.
11. NO RESALE OF SERVICE User agrees not to resell the Service or use of or access to the
Service.
12. EMAIL STORAGE VFEmail.net assumes no responsibility for the deletion or failure to
store email messages. VFEmail.net may
establish an upper limit on the size of message storage it will maintain for User.
13. TERMINATION User agrees that VFEmail.net may terminate User's password, account or
use of the Service at its will or if VFEmail.net believes (a) that User has violated or
acted inconsistently with the letter or spirit of the AGREEMENT, or (b) that User has
violated the rights of VFEmail.net or other Users or parties. User acknowledges and
agrees that any termination of service under this Agreement under any provision of this
Agreement may be effected without prior notice, and acknowledges and agrees that
VFEmail.net may immediately delete email files in User's account and bar any further
access to such files or the Service.
14. DEALINGS WITH ADVERTISERS User's correspondence, association with or participation in
any kind in promotions of advertisers found on the Service, are solely between User and
such advertiser. User agrees not to hold VFEmail.net liable
for any loss or damage of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Service.
15. LINKS User acknowledges and agrees that VFEmail.net is not responsible for the
availability of any links to web sites or resources, that are presented or provided by the
service or by the user and VFEmail.net does not endorse and is not responsible or liable
for any content, advertising, products, or other materials on or available from such sites
or resources . User agrees that VFEmail.net shall
not be responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such content,
goods or services available on such external sites or resources.
16. VFEmail.net's PROPRIETARY RIGHTS User acknowledges and agrees that content, including
but not limited to text, software, music, sound, photographs, graphics, video, or other
material contained in sponsor advertisements or information presented to User through the
Service or advertisers is protected by copyrights, trademarks, service marks, patents, or
other proprietary rights and laws. User acknowledges and agrees that User is permitted to
use this material and information only as expressly authorized by VFEmail.net or
advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works
of such content or information without express authorization.
17. DISCLAIMER OF WARRANTIES USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. VFEmail.net EXPRESSLY DISCLAIM 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. VFEmail.net MAKES NO WARRANTY THAT THE
SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; NOR DOES VFEmail.net 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. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICE IS DONE AT USER'S OWN DISCRETION
AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. VFEmail.net MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH
SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM
VFEmail.net OR THROUGH OR FROM THE SERVICE OR ITS SUPPORT TEAM SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED HEREIN.
18. LIMITATION OF LIABILITY USER AGREES THAT VFEmail.net 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 PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ZIPMAIL
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT VFEmail.net
SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION
OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL
CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION
WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
19. NOTICE Any notice to User or to the Service shall be made via either email or regular
mail. The Service may also provide notices of changes to the AGREEMENT or other matters by
displaying notices to Users generally on the Service.
20. GENERAL The AGREEMENT and the relationship between User and VFEmail.net shall be
governed by the laws of the State of Wisconsin without regard to its conflict of law
provisions. User and VFEmail.net agree to
submit to the personal and exclusive jurisdiction of the courts located within the state
of Wisconsin. The failure of VFEmail.net to exercise or enforce any right or provision of
the AGREEMENT shall not constitute a waiver of such right or provision. If any provision
of the AGREEMENT 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 AGREEMENT remain
in full force and effect. User agrees 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 Service or
the AGREEMENT must be filed within one (1) year after such claim or cause of action arose
or be forever barred. The section titles in the AGREEMENT are for convenience only and
have no legal or contractual effect.
I HAVE READ AND UNDERSTAND THE
FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
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