Essence of agreementWhilst these statements don't constitute part of the agreement between you and us, we wanted to take a moment to spell out in simple terms the essence of the agreement between us. For more details, read the agreement in full below.
- You pay us a modest fee for use of the system and we do our best to deliver a working system to you. The fee isn't much so we can't guarantee that it will be available every minute of every day. It's not a system designed for commercial use.
- We promise to try to resolve any problems you do have. You promise not to try to use the system in a way other than that which it has been designed for.
- You understand that no matter what happens, in the absolute worst case scenario, the most money you'll get back from us is what you've paid.
- We won't divulge any details about you to anyone unless we're legally compelled to do so. You won't use our system to send any offensive, illegal or commercial email of any kind.
- You're responsible for your children's use of this system. Anything that you agree to you're also agreeing for them on their behalf.
- Lastly we can't absolutely guarantee that they'll never receive an email you don't want them to see, but it is almost impossible if you choose the right settings and keep your passwords a secret.
ANY PERSON OR ENTITY ACCESSING THE SAFENSOUNDMAIL SYSTEM AND WEB SITE ("User") AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS SAFENSOUNDMAIL SYSTEM USER AGREEMENT ("Agreement"):
1. We provide the SAFEnSOUNDmail system and web site (“SnSm”) including the content, information, software, and services "AS-IS", with no warranty express or implied, including warranties of fitness for a particular purpose or warranties of merchantability.
2. User agrees that its use of SnSm and any information obtained therefrom is at the sole risk of User. User hereby waives all claims against us as the owners of SNSm, our affiliates, officers, directors, employees, agents, and representatives and any of our suppliers or programmers.
3. We agree to treat all actions by User as private and confidential and warrant that the nature of those actions will not be revealed to any third party except when required to do so by law. We agree to treat all data of User as confidential within the parameters of the permissions which have been created for access to the data by User or by some other authorised user of the system. We will take all reasonable measures to maintain the confidentiality of User’s data. User warrants that they will take all reasonable measures to maintain the integrity of their access password and specifically will refrain from divulging the password to any other person whatsoever. Further information on our undertakings with regard to privacy whilst not forming part of this agreement are available here.
4. User agrees not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with SnSm in any manner. If User in any way Interferes with SnSm, User agrees to pay all damages incurred by us, including any consequential damages. User's Interference with SnSm relieves us of any of our contractual or other legal obligations to User, including obligations under clause 3 concerning privacy.
5. User agrees that their responsibilities under the terms of this agreement shall extend to all the people that user the facilities provided by the User's account. Specifically this includes the use of the email accounts created therein.
6. User agrees that our liability to User under this Agreement shall in any event be limited to the amount User has paid to us for the use of SnSm. We shall not be liable for any losses, claims or damages suffered either directly or indirectly as a consequence of use of SnSm or its failure in any form.
7. If any part, term, or provision of this Agreement shall be held by a court to be illegal, unenforceable, or in conflict with any law of an entity having jurisdiction over this Agreement, the remaining portions or provisions shall still remain valid and continue in full force and effect.
8. This agreement will be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts.
9. All images, text, programs, and other materials found on the SnSm website are protected by English and international copyright laws and other laws. Any commercial use of the images, text, programs, or other materials found on the SnSm web site is strictly prohibited without our express written consent.
10. User represents and warrants that User has ownership or other authority to post any sound, image, text, movie, video or other material it enters into SnSm. User agrees that we are not responsible for any material posted entered by User and that we assumes no liability for User's posted materials. User agrees to indemnify and hold us harmless from any liability related to material User enters into SnSm. Further the agrees and warrants that they will not use SnSm to send any illegal, offensive or commercial messages. Particularly attention is drawn to the fact that all of the following, which is not an exclusive list, constitute unacceptable types of message: racist, sexist, homophobic, initimdating, encouraging violence or other acts of hatred of any kind, pornographic materials; SPAM, unsolicited commercial email; copyrighted materials such as images, text, sounds, music, videos and movies.
11. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement save in the instance that an explicit written agreement exists between the parties and has been signed by both parties.
12. User warrants that any fees associated with the use of SnSm are payable annually in advance. It is the users responsibility to ensure fees are paid and we reserve the right to delete any and all material associated with the User account if these fees are unpaid. Furthermore failure to pay fees may at our sole discretion result in the denial of User’s ability to access SnSm and the data contained therein.
13. This Agreement can be terminated by either party in writing without notice. In any event SnSm is under no obligation to refund fees previously paid and any outstanding fees at the time of termination will remain due until settled. The termination of this Agreement for whatever reason shall not affect the continuance of any provision of this Agreement which is expressly or by implication intended to continue after such termination.
14. SnSm is a trading name of Data Strike Computers Limited, trading as DSC, registered in the UK number 2540975 whose registered office is 72 Northways, College Crescent, London NW3 5DP, UNITED KINGDOM. www.dsc.net