carboncopy Standard Terms & Conditions
The user asks emailbackup to provide them with an outgoing mail service and emailbackup agrees to do so. The user acknowledges that:
Subject to the above limitations and the user's account being in order, emailbackup will endeavour to maintain continuity of service. The user hereby indemnifies emailbackup to the extent permitted by law against any liability, claim, action, suit demand or loss, cost or expense arising out of or in any way connected with this agreement, internet access, email loss, virus control or negligence whether by emailbackup or its servants and agents or howsoever arising. The user will pay fees according to emailbackup's the standard pricing list, including any charges that result from excessive multiple recipient messages (CC or BCC messages) and sent email volumes passing through the service that are not subject to collection and archive. The users must not deliberately or carelessly do anything that damages emailbackup equipment, services, software or setup. The user must not use the email service to harass, annoy or harm any other user or person whatsoever. The user must not use their email service for any unlawful purposes. The user will keep safe and confidential any passwords, codes or access numbers and notify emailbackup if disclosed as soon as possible. The user is liable for telephone charges in relation to internet connection. emailbackup may in its sole discretion forthwith and at any time terminate this agreement if the customer breaches this agreement in any way or fails to promptly pay any money owed to emailbackup. All payments are payable within 14 days of invoice delivery to the user. Any debt owed by the user to emailbackup bears interest of 10%per annum with monthly rests from the date it fell due until actually paid. Subject to the previous clause, either party may terminate this agreement by providing 14 days written notice to the other, emailbackup may not terminate the agreement while the user has credit for advance payment fees without refunding a pro-rata part of those fees less any debt due to emailbackup. Save for the foregoing, emailbackup is not obliged to make any refund of the user's fees. emailbackup may delete without notice any material found on its storage disks which is unauthorised, unlawful, obscene, excessive in volume, uncollected for a period of time, in an unauthorised place or dangerous and, emailbackup may delete any computer file it sees fit from its storage disks without giving any reason or incurring any liability for doing so. emailbackup may keep any record it requires for the purposes of this agreement or for the operation of its services. This agreement forms the entire agreement between the parties and neither of them relies on any term, condition, warranty, collateral contract, representation or promise not set out in this document. Any notice given about any matter concerning this agreement may be given by fax, email or post to the last fax number, email or postal address notified to the sender and is deemed to have been received at the time when it would have arrived in the ordinary course of the relevant type of transmission. The rights hereby created are personal to the user and are not assignable. The user must not transfer, sell or share their email rights. If in breach of this agreement the customer does transfer, sell of share their email rights the user is responsible for all usage on their account and for all applicable charges due as if each assignee was another user. The parties submit to the law of Victoria, Australia in relation to the interpretation of this agreement, or any dispute arising out of it.
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