Terms of Use of Email Services provided by Zexie.
Version Date: 18th August 2005.
BY PURCHASING THE USE OF OUR EMAIL SERVICE YOU AGREE TO BE BOUND BY THIS AGREEMENT, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. USE OF OUR SERVICE CONSTITUTES FULL AND UNCONDITIONAL ACCEPTANCE OF THIS AGREEMENT.
This User Agreement contains the full Terms and Conditions for Use of Our Service. Please note that these Terms and Conditions are subject to change at anytime.
PARTIES TO THE CONTRACT
If you are the Owner of a Service Account for our Email Service then this is a contract between you and Zexie, agreed to by you in making the purchase. If you are an Associated User of our service then these are the Terms and Conditions of Use of the Service provided by Zexie that you agree to in using this service.
Zexie is also known as Zexie.com, as Fameoz and as eBay user OutstandingBranding. Zexie's main website that gives information about the service is at http://Zexie.com.
This contract covers your use of this service, and includes any other related services, software, machines, support, content and other media, papers, updates or upgrades. We refer to these all as either the "Service" or your "Service Account".
ASSOCIATED ACCOUNT HOLDERS
As owner of a Service Account you are responsible for all activity under your Service Account. With your Service Account we supply you the use of multiple email boxes and associated facilities. Each these email boxes and associated facilities have their own logon facilities. These facilities allow you to setup separate passwords for each email box and associated facilities. You may allow an additional person or persons access to one or more of these email boxes and associated facilities so long as both you and these additional people obey the terms of this contract. We refer to these additional people as "Associated Account Users." You are responsible for ensuring that these Associated Accounts Users as well as yourself obey the terms of this document.
The Terms 'User' or 'Users' used anywhere in this document, is taken to mean both yourself and any Associated Account Users. To refer to you without including the Associated Account Users we refer to you in this document as the Service Account Holder or Service Account Owner. The term 'our' in this document is taken to mean the email service provided by Zexie. The terms Zexie, Zexie.com, Fameoz and Outstandingbranding are all herein taken as being the registered business of Fameoz
PROHIBITED USAGE
As a condition of use of the Zexie Email Facilities, users will not use the Service for any purpose that is unlawful or prohibited by these terms and conditions. Users will not use the Service in any manner that could damage, disable, overburden or impair the Zexie Email Facilities or the network(s) connected to the Zexie Email Facilities or any other web site or network.
Users may not use the Service to send spam, junk email or any bulk unsolicited messages.
Spam includes, but is not limited to the following:
- the bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients,
- the sending of junk email,
- the use of distribution lists that include people who have not given specific permission to be included in such distribution process,
- posting commercial advertisements to USENET newsgroups that do not permit it,
- posting articles containing binary encoded data to non-binary newsgroups,
- excessive and repeated posting of off-topic messages to newsgroups,
- excessive and repeated cross-posting,
- email 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
- the emailing of age- inappropriate communications or content to anyone under the age of 18.
Users may not forge email message headers or impersonate someone other than themselves in the email that they send from the facilities provided by the Service.
Users may not stalk, harass or engage in stalking activities using the Service.
Users may not use the Service to send messages that are defamatory or unlawful, or which they are not authorized to send such as infringing upon copyright or trademark laws.
Users may not use the Service to send files that contain viruses, trojan horses, worms or any other files that may damage the operation or files of another computer. Users will also take reasonable care to ensure that they do not send such files either accidentally or otherwise.
Users may not use the Service in any way that violates any laws or regulations.
ACCOUNT SECURITY
When opening a Service Account you have the opportunity to choose the initial passwords. Once account has been activated, users are given facilities to change the passwords. Users are responsible for maintaining the confidentiality of the passwords including setting passwords that cannot easily be found by guess or trial and error. Any activity within the account is the responsibility of the users. Any unauthorized use must be promptly reported to Zexie.
MODIFICATIONS TO TERMS AND CONDITIONS
Zexie reserves the right to change these Terms and Conditions at any time. Notices of change will be posted on the http://Zexie.com website and/or emailed to the Service Account Holder's primary email account. Continued use of the Zexie Service after such modifications shall be deemed an acceptance by the User to be bound by the terms of the modified Agreement.
LIMITATIONS
Zexie makes no guarantees to uninterrupted or error free service email delivery
TERM AND CANCELLATION
The Contract is for a continuing Service where you are required to pay for each further service period at the then-current fee. Payment for each following service period is required previous to the end of each current service period. Unless Zexie provides for otherwise, payment for the Service is non-refundable.
If you choose to cancel the Service at any time, your cancellation will take effect at the end of your current in effect billing cycle unless Zexie provides for otherwise. Any refund of service fees will be at the sole discretion of Zexie.
Cancellation of the service by the user may be effected via email. Cancellation of service has the requirement of reasonable proof of ownership of the Service Account concerned. Such proof of ownership is specified elsewhere in this document. Cancellation notice and proof of ownership must be received before the end of the current service term. Cancellation of the service may include the destruction of all held email storage and related files and the relinquishment of email addresses.
PROOF OF OWNERSHIP
Specific user requests such as reset of passwords and cancellation of accounts require reasonable Proof of Ownership. Zexie requires at initiation of the contract that the purchaser provides both a Question, and a Secret Answer to that Question, that can be used by Zexie to establish reasonable proof that a person corresponding with Zexie is the owner of those accounts.
Any correspondent can establish proof of their right to the accounts by providing exactly, or exactly except for the case (Upper or Lower case) of the alphabetic letters, the Secret Answer that Zexie has stored for that user. Where the answer is not provided exactly as Zexie has stored for that user, it is up to Zexie as to whether to accept that answer or require further proof.
Zexie may also, at its sole discretion, either in conjunction with the Answer given to the Question or by itself, use other means to establish reasonable proof. This includes, but is not limited to, users being able to reply to email sent to their email addresses, users not replying to email sent to their email addresses and knowledge of the information provided when initially ordering the email accounts.
While Zexie will maintain the confidentiality of the Secret Answer, the Question given by the purchaser is likely to be divulged to an unproved correspondent in order to allow them to prove their ownership.
TERMINATION
Zexie may, but has no duty to, immediately terminate the Service if Zexie in its sole discretion concludes that you are engaged in fraudulent or illegal activities, or are engaged in activities that may damage the rights of Zexie or others. Any termination of the service may include the destruction of all held email storage and related files and the relinquishment of your email addresses.
In addition, Zexie may immediately terminate the Service if you fail to abide by the terms of this Agreement. If, when making a payment to Zexie by credit card, your credit card is invalid for any reason or Zexie does not receive payment for the Service, your Service may be terminated by Zexie. Any termination of the service may include the destruction of all held email storage and related files and the relinquishment of your email addresses.
If the Service is terminated by Zexie for any reason other than violation of this Agreement, you will receive reimbursement of the pro-rata portion of the amount paid for the period remaining on your account for the terminated Service.
No reimbursement or credit will be issued if the Service is terminated due to your violation of the terms of this Agreement.
RESERVATION OF RIGHTS
Zexie Services and its benefits are offered at the discretion of Zexie, and Zexie has the right to modify or discontinue, temporarily or permanently, the Service, in whole or in part for any reason, at its sole discretion, with or without notice to you. You agree that Zexie will not be liable to you or any third-party for any modification or discontinuance of the Service, and you agree to indemnify and hold harmless Zexie, and its agents and successors, in the event of any modification or discontinuance of the Service.
INVALIDITY OF SPECIFIC TERMS
If any provision of these terms or any document incorporated by reference 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 this document, and the other provisions of this document remains in full force and effect.
LOCATION OF PRODUCT AND ANY LAWSUITS
The computers currently being used to provide this service are situated in the USA.
Zexie is both a Service Mark and Trade Mark of Fameoz. Fameoz is a registered business in the State of Victoria in Australia.
The Terms of Service, which apply to your use of the Services, provide that both you and Zexie agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Melbourne within the state of Victoria, Australia. These Terms of Service and the relationship between you and Zexie shall be governed by the laws of the state of Victoria, Australia.
WE MAKE NO WARRANTY
We provide the Service "as-is," "with all faults" and "as available." Zexie give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. To the extent permitted by law, we exclude the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
You can recover from Zexie only direct damages up to an amount equal to your Service fee for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
- any matter related to the Service,
- any matter related to content (including code) on third party Internet sites, third party programs or third party conduct,
- any matter related to viruses or other disabling features that affect your access to or use of the Service,
- any matter related to incompatibility between the Service and other services, software and hardware,
- any matter related to delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the Service in an accurate or timely manner, and
- claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if
- this remedy does not fully compensate you for any losses, or fails in its essential purpose or
- Zexie knew or should have known about the possibility of the damages.
Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.
FACILITY CHANGES
Some of the computer programs used in creating this service come from third parties such as commercial computer program suppliers and organizations creating Open Source Software. From time to time, the manufacturers of these programs change the facilities that are supplied with these programs. Sometimes this involves dropping facilities that were previously provided. In most cases, Zexie will endeavor to keep updating these programs to the latest version or near the latest version as it considers in the best interests of the Service. As a consequence, Zexie makes no guarantees that the current facilities, including facilities advertised, will continue to be the same as the facilities given in the future Service.
EMAIL ADDRESSES
The Service Account Holder Selects the 'User ID' part of each email address as part of the purchase procedure. The 'User ID' part is the part of the email address from the beginning of the email address to the At symbol (@) symbol, not including the At symbol, within the email address. The part of the address from the At symbol to the end of the address, not including the At symbol, is the 'Domain Name'.
The Service Account Holder must ensure that the User IDs selected by them, when used alone or combined with the supplied Domain Names, does not interfere with the rights of any third party and is not being selected for any unlawful purpose. User acknowledges and agrees that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose Zexie may immediately suspend the use of such email address, and User will indemnify and hold Zexie harmless, in accordance with the Indemnification section above, for any claim or demand against Zexie that arises out of such selection.
User acknowledges and agrees that Zexie shall not be liable to User in the event that Zexie is ordered or in good faith believes it is required, as a result of a court order or legal settlement, or contractual requirement, to desist from using or permitting the use of a particular User ID or Domain Name as part of an email address. If as a result of such action, User loses an email address, the User's sole remedy shall be the receipt of a replacement email address
Note: The User ID specified above is different to the User Name required to logon to the facilities. Currently, the full email address is required as the User Name for logon purposes.
DISPOSABLE EMAIL ADDRESS FACILITIES
Email addresses denoted as being Disposable Email Addresses along with their associated facilities are service facilities that are intended to be only used for redirecting email to the actual email boxes that are used to read email. User agrees to only use the Disposable Email Addresses as email redirecting facilities. In particular, user agrees not to use the associated disk space to store any email or other data and to use the email box in a way that ensures that it doesn't accumulate data in its disk space. User further agrees to request Zexie to delete any previously used Disposal Email box that the user does not intend to use again.
ACTION LIMIT
User and Zexie 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.
NO WAIVER
No waiver on the part of Zexie to exercise, and no delay in exercising, any right, power or provision hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or provision hereunder preclude the exercise of that or any other right, power or provision.
ENTIRE AGREEMENT
This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written, relating to the subject matter hereof.