TAUSPACE’S BULK EMAIL SERVICES ARE GOVERNED BY THE FOLLOWING SPECIAL TERMS AND CONDITIONS IN ADDITION TO THE “TAUSPACE APPLICATION SUPPORT TERMS AND CONDITIONS”. THESE SPECIAL TERMS CAN BE AMENDED FROM TIME TO TIME UPON NOTICE FROM TAUSPACE. YOUR USE OF THE SERVICES, OR CONTINUED USE OF THE SERVICES AFTER RECEIVING NOTICE OF ANY CHANGES, CONSTITUTES YOUR ASSENT TO AND ACCEPTANCE OF THE TERMS OF SERVICE AGREEMENT.
1. ACCEPTANCE OF TERMS OF SERVICE AGREEMENT
The Services, as defined below, are provided to Customer under the terms and conditions of this Agreement, and any amendments thereto, and any guidelines, operating rules, or policies applicable to such Services that may be published from time to time by TAUSPACE, all of which are incorporated herein by reference. This Agreement comprises the entire agreement between Customer and TAUSPACE and supersedes any prior agreements pertaining to the subject matter contained herein.
2. DESCRIPTION OF SERVICES
TAUSPACE reserves the right to change or alter its identity at any time and offer similar services to Customer at a domain other than mailer.tauspace.net. Customer may be informed that Customer’s account known as CustomersName@mailer.tauspace.net, where CustomersName represents Customer’s accepted Customer name, shall no longer exist at Mailer.tauspace.net. Customer may be informed that Customer’s account shall be available and accessible to Customer at a different domain. For example, CustomersName@Mailer.tauspace.net shall change to CustomersName@DifferentDomain.com where DifferentDomain represents a different domain. Customer may be able to access Services at DifferentDomain.com where DifferentDomain represents some domain other than Mailer.tauspace.net.
Customer understands and agrees that the Services are provided “AS-IS” and that TAUSPACE assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any Customer communications or personalization settings. Customer is responsible for obtaining access to the Services and that access may involve third party fees (such as Internet service provider or airtime charges). Customer is responsible for those fees. In addition, Customer must provide and is responsible for all equipment necessary to access the Services.
Customer agrees TAUSPACE or a designee of TAUSPACE may disclose Registration Data to third parties about Customer and information about Customer’s use of the Services provided that such disclosures do not include Customer’s name, mailing address, email address, telephone or facsimile number, or account number, unless Customer has authorized TAUSPACE to disclose such information, or as required by law or legal process, or as set forth in Paragraph VIII below.
5. CUSTOMER CONTENT
TAUSPACE considers email transmitted via the Services to be the private correspondence of the sender. TAUSPACE will not monitor, edit, or disclose the contents of a Customer’s private communications, except that Customer agrees TAUSPACE and its third party service providers may do so: (a) as required by law; (b) to comply with legal process; (c) if necessary to enforce this Agreement; (d) to respond to claims that such contents violate the rights of third parties; or (e) to protect the rights or property of TAUSPACE, its third party service providers, or others.
Customer acknowledges that content posted to public community areas is publicly available and that TAUSPACE does not take any responsibility for such public content. However, TAUSPACE reserves the right to remove any public content posted by a Customer that violates any law or condition of this Agreement or is otherwise objectionable.
Customer understands and agrees that technical (and sometimes manual) processing of email communications, search requests, community postings, and any other information supplied by Customer is and may be required to (a) send and receive messages; (b) conform to the technical requirements of connecting networks; (c) conform to the limitations of the Services; or (d) conform to other, similar technical requirements.
Customer acknowledges and agrees that TAUSPACE and its third party service providers do not endorse the content of any Customer communications and are not responsible or liable for any unlawful, harassing, libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable content, or content that infringes or may infringe the intellectual property rights or other rights of another.
6. CUSTOMERNAME, MEMBER ACCOUNT, PASSWORD, AND SECURITY
Customer will be asked to choose the first part of its Customername which will be followed by the “@” symbol and a domain name. (A complete Customername might look like this: CustomerName@mailer.tauspace.net). Customer agrees to choose a Customername which is unique and not obscene, unlawful, or otherwise objectionable, in TAUSPACE’s sole discretion. Customer agrees to register only one account at TAUSPACE. TAUSPACE shall own your complete Customername.
Customer will receive a password and account designation upon completing the registration process. Customer is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities which occur under Customer’s password or account. Customer agrees to (a) immediately notify TAUSPACE of any unauthorized use of Customer’s password or account or any other breach of security, and (b) ensure that Customer exits from Customer’s account at the end of each session.
Customer represents that the Customername selected by the Customer, when used alone or combined with a 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. Customer acknowledges and agrees that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, TAUSPACE may immediately suspend the use of such TAUSPACE e-mail address, and Customer will indemnify and hold TAUSPACE harmless, in accordance with the Indemnity section below, for any claim or demand against TAUSPACE that arises out of such selection. Customer acknowledges and agrees that neither TAUSPACE nor any of its third party service providers shall be liable to Customer in the event TAUSPACE is ordered or required, as a result of a court order or legal settlement, or contractual requirement with any third party service provider, to desist from using or permitting the use of a particular domain name as part of a TAUSPACE e-mail address. If as a result of such action, Customer loses an e-mail address, the Customer’s sole remedy shall be the receipt of a replacement TAUSPACE e-mail address.
8. CUSTOMER CONDUCT
Customer agrees to abide by all applicable local, state, national, and international laws and regulations in Customer’s use of the Services, and agrees not to interfere with the use and enjoyment of the Services by other Customers. Customer agrees to be solely responsible for the contents of Customer’s private and public communications uploaded, posted, emailed, transmitted, or otherwise made available through the Services.
Customer agrees (a) not to use the Services for illegal purposes; (b) not to interfere with or disrupt the Services or servers or networks connected to the Services; (c) to comply with all requirements, procedures, policies and regulations of networks connected to the Services; (d) not to reproduce, duplicate, copy, sell, trade, or resell any portion of the Services or use of or access to the Services; (e) not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services; (f) not to collect or store personal data about other Customers; and (g) to comply with all applicable laws regarding the transmission of technical data exported from the United States of America, The European Union and the Republic of South Africa.
Customer agrees not to upload, post, email, or otherwise transmit through the Services: (a) any unlawful, harassing, libelous, tortuous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, or otherwise objectionable material of any kind; (b) any material that violates the rights of another, including but not limited to the intellectual property rights of another; (c) any material that violates any applicable local, state, national, or international law or regulation; or (d) unsolicited or unauthorized advertisements, promotional materials, “junk mail,” “SPAM,” “chain letters,” “pyramid schemes,” or other forms of solicitation.
Customer agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Services. Customer agrees and acknowledges that TAUSPACE may ban Customer from future use of the Services, even if Customer attempts to use the Services through another partner or under a different name. Customer agrees and acknowledges that TAUSPACE shall report to the Customer’s secondary mail service provider any and all “SPAM” transmitted through Customer’s mail account at TAUSPACE. Furthermore, Customer agrees and acknowledges that TAUSPACE may recover damages from Customer if Customer abuses these terms.
Customer agrees to indemnify and hold TAUSPACE and its third party service providers, and their 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 Customer’s use of the Services, Customer’s connection to the Services, Customer’s submission, posting, or transmission of content through the Services, Customer’s violation of this Agreement, or Customer’s violation of any rights of another.
The Services may provide, or Customers may include in email or community postings, links to other websites or resources. Customer acknowledges and agrees that TAUSPACE and its third party service providers are not responsible for the availability of such external sites or resources, and 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.
LIMITATION OF LIABILITY
- CUSTOMER AGREES THAT TAUSPACE AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR FOR THE 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 SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF TAUSPACE OR ITS THIRD PARTY SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- CUSTOMER FURTHER AGREES THAT TAUSPACE AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICES, 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.
- SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.