Terms of Use and End User License Agreement
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. This Terms of Use and End User License Agreement, along with any Terms of Offer appearing on the website, along with any posted rules or instructions, constitute the entire agreement between you and us regarding your use of or access to our websites, products and services as described herein under DESCRIPTION OF OFFERED SERVICES (collectively, the “Services” or “Service”). YOUR USE OF THE SERVICE(S) OR WEBSITE(S) CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE AND END USER LICENSE AGREEMENT, INCLUDING THE PRIVACY POLICY (COLLECTIVELY, "TOU/EULA").
The Service is provided by 1e-mail.com through OOxAA Enterprises, LLC.
The Service is provided by 1e-mail.com through OOxAA Enterprises, LLC.
We may change any of the terms contained in the TOU/EULA at any time by posting the revised TOU/EULA on this website. You are responsible for periodically reviewing changes to this TOU/EULA, which you can do by clicking on the “Terms of Use”. You agree that your continued use of the Service(s) following any changes to this TOU/EULA will constitute your acceptance of such changes and your intention to be bound by this TOU/EULA. If you do not agree to such changes to the TOU/EULA, your sole remedy is to discontinue use of the Service and to cancel your account. If you do not agree to be bound by this TOU/EULA, you may not use or access our Services.
DESCRIPTION OF OFFERED SERVICES
The Services and Websites described herein are provided on an AS IS and AS AVAILABLE basis. We disclaim any and all responsibility and liability for the availability, timeliness, security or reliability of the Services which are made available to you for your personal, non-commercial, use only. We reserve the right to modify, refuse, suspend or discontinue the Service(s) with or without notice at any time, for any reason, and without liability. Terms related to payment of fees (if any) are specified in the applicable Terms of Offer on the Website for the Service(s) of your choosing, and may be updated by us from time to time.
UPLOADING OR TRANSMITING FILES
Your files are your responsibility: By uploading or transmitting, sharing and synchronizing your files, you are assuming full responsibility for the consequences of doing so. You are solely responsible for any and all conduct in entering, altering, deleting, modifying, sending or retrieving files, data, text information, screen names, graphics, photos, profiles, audiovisual clips, or any other content submitted, posted, displayed, transmitted, synchronized or shared using your User Identification, including login, password and your account with us. We disclaim any responsibility related to files uploaded, shared or transmitted and synchronized by you or other users.
THIRD PARTY FEES
You may incur access or data or other fees from third parties, such as your mobile carrier or Internet provider, in connection with your use of our Services (depending upon your service plan with such entities) as well as automatic upgrades and updates of the Mobile software. You consent to such upgrades and updates by using our Services, and agree that these Terms will apply to all such upgrades or updates. You are solely responsible for any such incurred third party fees. For example, synchronizing files from a mobile device may use additional bandwidth or data usage depending on your service plan with your mobile device provider. We have no control over your service plans with your third party service providers. You understand and acknowledge that we are not responsible or liable for any such additional charges which may be incurred by use of our Services.
WEBMAIL SERVICE
Enjoy webmail service that includes data storage, notes, organizer, photo sharing andf older management with spam and virus protection. Standard storage capacity is 5GB for US, CA and UK residents and 2GB for other locations. Upgraded Services provides daily backup of email and data storage with its Upgraded Services that are purchased. If the term of Upgraded Services expires without renewal, your account will be downgraded to an account with the corresponding Default Storage Limit. Any backup previously provided that is in excess of the Default Storage Limit may be lost. If the account has reached or exceeded the Default Storage Limit, no new emails will be received until the account is again below the Default Storage Limit. You will only be able to view, read and delete data currently in your account. Once the account falls below the Default Storage Limit, regular use may resume.
1E-MAIL.COM WEBSITE(S):
A customizable portal page with search functions and links leading to timely news and information that can be used as a personal homepage. The website consists of a search engine service with access to the search results of many search providers on the Internet and provides access to 1e-mail.com services including webmail.
YOUR ACCOUNT
When you complete the registration process and/or click the “Download” button for any of our Services, you create an account and agree to be bound to this TOU/EULA. If you do so on behalf of an entity of any kind, you are representing and warranting that you have the authority to accept this TOU/EULA on behalf of the entity, and the authority to bind the entity to this TOU/EULA.
To create an account, you must select a unique login name and password. You may not use a login name that is used by someone else, and your login name cannot be vulgar, or otherwise offensive, or be used in any way that violates the TOU/EULA. You agree not to provide false information during the registration process and you acknowledge and understand that providing false information is a violation of this TOU/EULA. You are solely responsible for all activity on your account, whether authorized by you or not, and for the security of your computer system or related system and agree to keep this information secret. DO NOT reveal or share your login or password to other users. You agree to indemnify and hold us harmless for any improper or illegal use of your account. This includes illegal or improper use of your account or information by someone to whom you have given permission to use your account. Your account is at risk if you let someone use it, and your account and your usage of any of our Services is subject to termination if you or anyone using your account violates the TOU/EULA.
You acknowledge and agree that we are authorized, but not required, to act on payment and other instructions received from anyone using your login and password to access your account. You authorize us to (a) initiate debits or charges against your financial account or credit card periodically for the amount then due for purchases made; and (b) initiate any other debits or charges authorized by you or anyone using the account registered to you. You acknowledge that transactions may be facilitated by a third party payment processor (the “Processor”), and agree that we may share your information, including information about your financial accounts, with the Processor for this purpose.
YOUR CONTENT
By using our Services, you will be submitting, receiving and transmitting data, information, files, and folders or other material (“Content”) through your use of our Services and to us as necessary for us to provide the Services that you have requested . You will retain full ownership to all of your Content. We do not claim ownership of any Content you receive, submit, post, transmit, upload, synchronize, delete or share using our Services. These Terms and your use of our Services do not grant us any rights to your Content or any intellectual property rights except for the limited rights that are needed to provide the Services, as described below. Permissions. We may request your permission to perform certain functions you ask us to do with your Content, for example, to provide sharing or hosting of your Content at your request. This may include services visible to you, for example, image thumbnails or document previews, or may include invisible choices we make to technically administer our Services, for example, how we back up, store, synchronize or delete data. You authorize and give us the permissions necessary for us to perform all administration and management functions to provide the Services.
Certain software, may ask for permission to perform certain functions related to your Facebook® account. This may include access to your basic information, posts to your Wall and other functions in order to provide you with full functionality of the software.
Responsibility. You are solely responsible and liable for any and all Content that you receive, upload, store, copy, alter, submit, share, post, synchronize or otherwise transmit using any of our Services. You are solely responsible for your conduct, actions, behavior and communications with others while using our Services. You are expected to respect the intellectual property right of others when using our Services. Do not upload, download, share, copy or otherwise use files or Content unless you have the right to do so. Unless you own the copyright of the files you wish to share or the copyright owner gave you permission to share them, you do not have the right to share files. Even purchased or otherwise legally acquired material does not give you the right to share it with third parties over the Internet. If you are uncertain that you have the legal right to share certain files, don’t share them. By using the shared folder or public folder features you represent that files placed in those folders do not violate our Terms of Use and that you own all copyrights to them or have received permission by the copyright owner to share them. DO NOT upload spyware, malware or any other malicious software using our Services.
Monitoring. We may review Content for compliance with our Acceptable Use Policy, but you understand and acknowledge that we have no obligation to monitor or remove any Content or other information on or in or relating to our Services. We reserve the right to remove or replace any uploaded files or Content of any kind, and assume no liability for posted, shared, lost, deleted or misplaced Content, files, information or data or any kind. We will terminate accounts of users who continuously infringe copyright or whose accounts are subject to multiple infringement allegations. If you repeatedly place files in shared folders or public folders that infringe others’ copyrights, your account will be terminated.
No Liability. 1e-mail.com is in no way responsible or liable for the authenticity, legality, appropriateness or accuracy of any Content, public content, posts, blogs, or any other information or materials accessible through our Services.
DESCRIPTION OF OFFERED SERVICES
The Services and Websites described herein are provided on an AS IS and AS AVAILABLE basis. We disclaim any and all responsibility and liability for the availability, timeliness, security or reliability of the Services which are made available to you for your personal, non-commercial, use only. We reserve the right to modify, refuse, suspend or discontinue the Service(s) with or without notice at any time, for any reason, and without liability. Terms related to payment of fees (if any) are specified in the applicable Terms of Offer on the Website for the Service(s) of your choosing, and may be updated by us from time to time.
UPLOADING OR TRANSMITING FILES
Your files are your responsibility: By uploading or transmitting, sharing and synchronizing your files, you are assuming full responsibility for the consequences of doing so. You are solely responsible for any and all conduct in entering, altering, deleting, modifying, sending or retrieving files, data, text information, screen names, graphics, photos, profiles, audiovisual clips, or any other content submitted, posted, displayed, transmitted, synchronized or shared using your User Identification, including login, password and your account with us. We disclaim any responsibility related to files uploaded, shared or transmitted and synchronized by you or other users.
THIRD PARTY FEES
You may incur access or data or other fees from third parties, such as your mobile carrier or Internet provider, in connection with your use of our Services (depending upon your service plan with such entities) as well as automatic upgrades and updates of the Mobile software. You consent to such upgrades and updates by using our Services, and agree that these Terms will apply to all such upgrades or updates. You are solely responsible for any such incurred third party fees. For example, synchronizing files from a mobile device may use additional bandwidth or data usage depending on your service plan with your mobile device provider. We have no control over your service plans with your third party service providers. You understand and acknowledge that we are not responsible or liable for any such additional charges which may be incurred by use of our Services.
WEBMAIL SERVICE
Enjoy webmail service that includes data storage, notes, organizer, photo sharing andf older management with spam and virus protection. Standard storage capacity is 5GB for US, CA and UK residents and 2GB for other locations. Upgraded Services provides daily backup of email and data storage with its Upgraded Services that are purchased. If the term of Upgraded Services expires without renewal, your account will be downgraded to an account with the corresponding Default Storage Limit. Any backup previously provided that is in excess of the Default Storage Limit may be lost. If the account has reached or exceeded the Default Storage Limit, no new emails will be received until the account is again below the Default Storage Limit. You will only be able to view, read and delete data currently in your account. Once the account falls below the Default Storage Limit, regular use may resume.
1E-MAIL.COM WEBSITE(S):
A customizable portal page with search functions and links leading to timely news and information that can be used as a personal homepage. The website consists of a search engine service with access to the search results of many search providers on the Internet and provides access to 1e-mail.com services including webmail.
YOUR ACCOUNT
When you complete the registration process and/or click the “Download” button for any of our Services, you create an account and agree to be bound to this TOU/EULA. If you do so on behalf of an entity of any kind, you are representing and warranting that you have the authority to accept this TOU/EULA on behalf of the entity, and the authority to bind the entity to this TOU/EULA.
To create an account, you must select a unique login name and password. You may not use a login name that is used by someone else, and your login name cannot be vulgar, or otherwise offensive, or be used in any way that violates the TOU/EULA. You agree not to provide false information during the registration process and you acknowledge and understand that providing false information is a violation of this TOU/EULA. You are solely responsible for all activity on your account, whether authorized by you or not, and for the security of your computer system or related system and agree to keep this information secret. DO NOT reveal or share your login or password to other users. You agree to indemnify and hold us harmless for any improper or illegal use of your account. This includes illegal or improper use of your account or information by someone to whom you have given permission to use your account. Your account is at risk if you let someone use it, and your account and your usage of any of our Services is subject to termination if you or anyone using your account violates the TOU/EULA.
You acknowledge and agree that we are authorized, but not required, to act on payment and other instructions received from anyone using your login and password to access your account. You authorize us to (a) initiate debits or charges against your financial account or credit card periodically for the amount then due for purchases made; and (b) initiate any other debits or charges authorized by you or anyone using the account registered to you. You acknowledge that transactions may be facilitated by a third party payment processor (the “Processor”), and agree that we may share your information, including information about your financial accounts, with the Processor for this purpose.
YOUR CONTENT
By using our Services, you will be submitting, receiving and transmitting data, information, files, and folders or other material (“Content”) through your use of our Services and to us as necessary for us to provide the Services that you have requested . You will retain full ownership to all of your Content. We do not claim ownership of any Content you receive, submit, post, transmit, upload, synchronize, delete or share using our Services. These Terms and your use of our Services do not grant us any rights to your Content or any intellectual property rights except for the limited rights that are needed to provide the Services, as described below. Permissions. We may request your permission to perform certain functions you ask us to do with your Content, for example, to provide sharing or hosting of your Content at your request. This may include services visible to you, for example, image thumbnails or document previews, or may include invisible choices we make to technically administer our Services, for example, how we back up, store, synchronize or delete data. You authorize and give us the permissions necessary for us to perform all administration and management functions to provide the Services.
Certain software, may ask for permission to perform certain functions related to your Facebook® account. This may include access to your basic information, posts to your Wall and other functions in order to provide you with full functionality of the software.
Responsibility. You are solely responsible and liable for any and all Content that you receive, upload, store, copy, alter, submit, share, post, synchronize or otherwise transmit using any of our Services. You are solely responsible for your conduct, actions, behavior and communications with others while using our Services. You are expected to respect the intellectual property right of others when using our Services. Do not upload, download, share, copy or otherwise use files or Content unless you have the right to do so. Unless you own the copyright of the files you wish to share or the copyright owner gave you permission to share them, you do not have the right to share files. Even purchased or otherwise legally acquired material does not give you the right to share it with third parties over the Internet. If you are uncertain that you have the legal right to share certain files, don’t share them. By using the shared folder or public folder features you represent that files placed in those folders do not violate our Terms of Use and that you own all copyrights to them or have received permission by the copyright owner to share them. DO NOT upload spyware, malware or any other malicious software using our Services.
Monitoring. We may review Content for compliance with our Acceptable Use Policy, but you understand and acknowledge that we have no obligation to monitor or remove any Content or other information on or in or relating to our Services. We reserve the right to remove or replace any uploaded files or Content of any kind, and assume no liability for posted, shared, lost, deleted or misplaced Content, files, information or data or any kind. We will terminate accounts of users who continuously infringe copyright or whose accounts are subject to multiple infringement allegations. If you repeatedly place files in shared folders or public folders that infringe others’ copyrights, your account will be terminated.
No Liability. 1e-mail.com is in no way responsible or liable for the authenticity, legality, appropriateness or accuracy of any Content, public content, posts, blogs, or any other information or materials accessible through our Services.
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