BetterMail Terms of Service



Purpose. This service is offered to you as a user of the BetterMail site, owned by BetterMail. The purpose of this Terms of Service is to provide guidelines which will be applied in determining acceptable use of this Web site, and to notify you of the terms of this service. As a user of this service, you agree to comply with this policy, the stated acceptable uses and the terms of service.

Online Conduct. The intent of this policy is to make clear certain uses, which are and are not appropriate, not to exhaustively enumerate all such possible uses. BetterMail will not monitor or judge all the content of information transmitted over this service, but will investigate complaints of possible inappropriate use. BetterMail may at any time make determinations that particular uses are or are not appropriate with or without notice to you, according to the following guidelines.

Emailing Content. When interacting with BetterMail via this Web site, you agree to provide true and accurate information. Further you understand that providing confidential information via email is an unsafe practice. You understand that you are solely responsible for the content you transmit over the Internet using this service provided by BetterMail.

Interference. You agree not to reproduce content found on this Web site. You also agree not to interfere with the operations of this site. Intentional interference with the BetterMail Web site or brute force attacks will be reported to your Internet Service Provider and/or the appropriate law enforcement authorities.

Availability. BetterMail makes no guarantees as to the availability of this Web site. Further, it makes no guarantees that this Web site will meet with your requirements or expectations. BetterMail reserves the right to alter these terms of service at any time, without notice to you.

User Submissions. All information submitted to BetterMail via this site shall be deemed and remain the property of BetterMail, and BetterMail shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information you provide to this site. BetterMail shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by BetterMail having a direct customer relationship or as otherwise specifically agreed or required by law.

Proprietary Rights. Copyright in the pages, screens, text and images appearing at this site is owned by BetterMail. The information and materials contained in the site may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of BetterMail. You cannot use these materials on any other Web site or networked computer environment for any purpose. Unauthorized use of any materials at this site may violate copyright, trademark and other laws. If you breach any of these terms your authorization to use this site automatically terminates and you must immediately destroy any downloaded or printed materials. In addition, use of any software content affiliated with this site shall be governed by the software license agreement accompanying such software.

Links to Other Web Sites. If links to third party Web sites are provided on this site, they are provided solely as a convenience to you. If you use these links, you will leave this site. BetterMail has not reviewed all of these third party sites. BetterMail does not control and is not responsible for any of these sites or their content. Thus, BetterMail does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites, you do so at your own risk. Additionally, it is the sole responsibility of parents or guardians to determine the appropriateness of Web site content of these external links for minors.

DISCLAIMER OF WARRANTY

THE PRODUCTS AND SERVICES PROVIDED AT OR THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULL EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS. FURTHER, BETTERMAIL DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS, MATERIALS AND OTHER ITEMS CONTAINED AT THIS SITE. BETTERMAIL MAY MAINTAIN THE SITE AND PERFORM UPGRADES, FIXES OR PATCHES ON OR TO THE SITE AT ANY TIME WITHOUT NOTICE.

WARRANTIES; LIMITATION OF LIABILITY

BETTERMAIL DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. SPECIFICALLY, THERE IS NO EXPRESS, IMPLIED OR STATUTORY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FREEDOM FROM COMPUTER VIRUS GIVEN IN CONJUNCTION WITH THIS WEB SITE'S INFORMATION AND MATERIALS.

NEITHER BETTERMAAIL NOR THE OPERATORS OF ANY ATTACHED NETWORKS SHALL BE LIABLE FOR ANY DAMAGE ARISING FROM ANY EVENT THAT IS OUT OF ITS CONTROL. NEITHER BETTERMAIL NOR THE OPERATORS OF ANY ATTACHED NETWORKS SHALL BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR ANY OTHER FORM OF MONEY DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, OR FOR THE LOSS OF DATA OR INFORMATION OF ANY KIND, HOWEVER, CAUSED, AND ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR THE PROVISION OF SERVICE BY BETTERMAIL OR BY THE OPERATORS OF ANY OTHER ATTACHED NETWORKS, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER THE OPERATORS OF ANY ATTACHED NETWORKS HAVE BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Network Protocols. The protocols used on the networks (e.g., TCP/IP) call for end to end verification of the accuracy of any message and all data sent or received. Such verification is your sole responsibility. Neither BetterMail nor the operators of attached networks will be responsible for any loss from delays, non-deliveries, incorrect deliveries, service interruptions, including those caused by negligence, errors, omissions or other losses or damages.

Privacy Policy. In accordance with the terms of BetterMail's Privacy Policy, BetterMail respects the privacy of its members.

Governing Law. These terms will be governed by and construed in accordance with all applicable federal laws and the laws of Ontario without regard to its conflict of laws provisions.

Compliance With Laws. Members shall ensure that their acts and omissions and/or content on this Web site will comply with all applicable international, national, state and local laws and regulations. BetterMail shall ensure that its services will comply with all applicable international, national, state and local laws and regulations.

Applicable Laws. BetterMail makes no representation that materials at the Web site are appropriate or available for use outside the Canada or the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or reexport the materials at this Web site or any copy or adaptation in violation of any applicable laws or regulations including without limitation Canadian and U.S. export laws and regulations. If you choose to access this Web site from outside Canada or the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws.

Violations. Please report any violations of this Terms of Service to us by sending an email to abuse@bettermail.ca Thank you!

Created July 2003