Our website and service works under following terms which you have to agree.
POWER MTA SERVERS’S SERVICES ARE GOVERNED BY THE FOLLOWING TERMS OF SERVICE AGREEMENT, WHICH CAN BE AMENDED FROM TIME TO TIME UPON NOTICE FROM POWER MTA SERVERS. 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. IF YOU DO NOT AGREE WITH ALL THE TERMS AND CONDITIONS HEREIN, YOU MUST NOT USE THIS SERVICE!
This Terms of Service Agreement (“Agreement”) is an agreement between you (“User”) and POWER MTA SERVERS LLC (“POWER MTA SERVERS”).
I. ACCEPTANCE OF TERMS OF SERVICE AGREEMENT
The Services, as defined below, are provided to User 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 POWER MTA SERVERS, all of which are incorporated herein by reference. This Agreement comprises the entire agreement between User and POWER MTA SERVERS and supersedes any prior agreements pertaining to the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE “I ACCEPT” BUTTON, YOU ARE AGREEING TO BE BOUND BY THIS TERMS OF SERVICE AGREEMENT.
II. DESCRIPTION OF SERVICES
POWER MTA SERVERS is providing User with any or all of the following services: (a) electronic mail services; (b) search engine services; (c) merchant rebates program; and/or (d) any other services which POWER MTA SERVERS may provide in the future (collectively, the “Services”). These Services are provided to User at the discretion of POWER MTA SERVERS. User agrees that the services may include certain communications from POWER MTA SERVERS such as service announcements and administrative messages, that these communications are considered part of User’s account, and that User will not be able to opt out of receiving them. With the exception of upgraded accounts, POWER MTA SERVERS reserves the right to delete any User’s account if such User does not access their free mail account for a period of thirty (30) consecutive days.
POWER MTA SERVERS reserves the right to modify or discontinue, temporarily or permanently, the Services with or without notice to User. User agrees that POWER MTA SERVERS shall not be liable to User or any third party for any modification or discontinuance of the Services.
POWER MTA SERVERS reserves the right to change or alter its identity at any time and offer similar services to User at a domain other than POWER MTA SERVERS.com. User may be informed that User’s account known as UsersName@POWER MTA SERVERS.com, where UsersName represents User’s accepted User name, shall no longer exist at POWER MTA SERVERS.com. User may be informed that User’s account shall be available and accessible to User at a different domain. For example, UsersName@POWER MTA SERVERS.com shall change to UsersName@DifferentDomain.com where DifferentDomain represents a different domain. User may be able to access Services at DifferentDomain.com where DifferentDomain represents some domain other than POWER MTA SERVERS.com.
User understands and agrees that the Services are provided “AS-IS” and that POWER MTA SERVERS assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any User communications or personalization settings. User is responsible for obtaining access to the Services and that access may involve third party fees (such as Internet service provider or airtime charges). User is responsible for those fees. In addition, User must provide and is responsible for all equipment necessary to access the Services.
III. USER’S REGISTRATION OBLIGATIONS
User must be at least thirteen (13) years old to register for the Services. Users under the age of thirteen (13) must have their parent’s or legal guardian’s consent to register for the services. In consideration of use of the Services, User agrees to: (a) provide true, accurate, current, and complete information about User as prompted by the registration form; and (b) maintain and promptly update this information to keep it true, accurate, current, and complete. This information about a User shall be referred to as “Registration Data.” If any information provided by User is untrue, inaccurate, not current, or incomplete, POWER MTA SERVERS has the right to terminate User’s account and refuse any and all current or future use of the Services (or any portion thereof).
User agrees POWER MTA SERVERS or a designee of POWER MTA SERVERS may disclose Registration Data to third parties about User and information about User’s use of the Services provided that such disclosures do not include User’s name, mailing address, email address, telephone or facsimile number, or account number, unless User has authorized POWER MTA SERVERS to disclose such information, or as required by law or legal process, or as set forth in Paragraph VIII below.
The collection of private information from a User under the age of thirteen (13) is governed by the Children’s Online Privacy Protection Act (COPPA). POWER MTA SERVERS will not collect personally identifiable information from Users under the age of thirteen (13) without such User’s parent’s or legal guardian’s consent. Such User’s parent or legal guardian may change or revoke consent at any time upon notice to POWER MTA SERVERS.
V. USER CONTENT
POWER MTA SERVERS considers email transmitted via the Services to be the private correspondence of the sender. POWER MTA SERVERS will not monitor, edit, or disclose the contents of a User’s private communications, except that User agrees POWER MTA SERVERS 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 POWER MTA SERVERS, its third party service providers, or others.
User acknowledges that content posted to public community areas is publicly available and that POWER MTA SERVERS does not take any responsibility for such public content. However, POWER MTA SERVERS reserves the right to remove any public content posted by a User that violates any law or condition of this Agreement or is otherwise objectionable.
User understands and agrees that technical (and sometimes manual) processing of email communications, search requests, community postings, and any other information supplied by User 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.
User acknowledges and agrees that POWER MTA SERVERS and its third party service providers do not endorse the content of any User communications and are not responsible or liable for any unlawful, harassing, libelous, 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.
VI. USERNAME, MEMBER ACCOUNT, PASSWORD, AND SECURITY
User will be asked to choose the first part of its username which will be followed by the “@” symbol and a domain name. (A complete username might look like this: YourName@POWER MTA SERVERS.) User agrees to choose a username which is unique and not obscene, unlawful, or otherwise objectionable, in POWER MTA SERVERS’s sole discretion. User agrees to register only one account at POWER MTA SERVERS. POWER MTA SERVERS shall own your complete username.
User will receive a password and account designation upon completing the registration process. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities which occur under User’s password or account. User agrees to (a) immediately notify POWER MTA SERVERS of any unauthorized use of User’s password or account or any other breach of security, and (b) ensure that User exits from User’s account at the end of each session.
User represents that the username selected by the User, 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. 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, POWER MTA SERVERS may immediately suspend the use of such POWER MTA SERVERS e-mail address, and User will indemnify and hold POWER MTA SERVERS harmless, in accordance with the Indemnity section below, for any claim or demand against POWER MTA SERVERS that arises out of such selection. User acknowledges and agrees that neither POWER MTA SERVERS nor any of its third party service providers shall be liable to User in the event POWER MTA SERVERS 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 POWER MTA SERVERS e-mail address. If as a result of such action, User loses an e-mail address, the User’s sole remedy shall be the receipt of a replacement POWER MTA SERVERS e-mail address.
VIII. USER CONDUCT
User agrees to abide by all applicable local, state, national, and international laws and regulations in User’s use of the Services, and agrees not to interfere with the use and enjoyment of the Services by other Users. User agrees to be solely responsible for the contents of User’s private and public communications uploaded, posted, emailed, transmitted, or otherwise made available through the Services.
User 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 users; and (g) to comply with all applicable laws regarding the transmission of technical data exported from the United States.
User 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.
User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Services. User agrees and acknowledges that POWER MTA SERVERS may ban User from future use of the Services, even if User attempts to use the Services through another partner or under a different name. User agrees and acknowledges that POWER MTA SERVERS shall report to the user’s secondary mail service provider any and all “SPAM” transmitted through User’s mail account at POWER MTA SERVERS. Furthermore, User agrees and acknowledges that POWER MTA SERVERS may recover damages from User if User abuses these terms.
User agrees to indemnify and hold POWER MTA SERVERS 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 User’s use of the Services, User’s connection to the Services, User’s submission, posting, or transmission of content through the Services, User’s violation of this Agreement, or User’s violation of any rights of another.
X. GENERAL PRACTICES REGARDING USE AND STORAGE OF COMMUNICATIONS
User acknowledges and agrees that POWER MTA SERVERS may establish general practices and limits concerning use of the Services, including without limitation, the maximum number of days that email messages, message board postings, or other uploaded content will be retained by the Services, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on POWER MTA SERVERS’s servers on User’s behalf, and the maximum number of times (and the maximum duration for which) User may access the Services in a given period of time. POWER MTA SERVERS and its third party service providers assume no responsibility or liability for the deletion or failure to store any email messages, communications, or other content maintained or transmitted through the Services.
a. User agrees that POWER MTA SERVERS or its third party service providers may, without prior notice, immediately terminate User’s password, account, or use of the Services if POWER MTA SERVERS or its third party service providers believe that (a) User has violated or acted inconsistently with the letter or spirit of this Agreement; or (b) User has violated the rights of POWER MTA SERVERS or its third party service providers or other Users or parties. User further agrees that POWER MTA SERVERS and its third party service providers may terminate User’s password, account, or use of the Services if User fails to use the Services at least one time during a reasonable period of time as determined by POWER MTA SERVERS from time to time, which period shall not be less than thirty (30) days.
b. User acknowledges and agrees that any termination of Services under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that POWER MTA SERVERS may immediately delete User’s account and all related information, communications, and files, and bar any further access to such account, communications, files, or the Services.
The Services may provide, or Users may include in email or community postings, links to other websites or resources. User acknowledges and agrees that POWER MTA SERVERS 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.
XIII. POWER MTA SERVERS’S PROPRIETARY RIGHTS
User acknowledges and agrees that content, including but not limited to text, data, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to User through the Services or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by POWER MTA SERVERS or its advertisers, as applicable, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization.
User acknowledges and agrees that POWER MTA SERVERS does not control the content posted via the Services and, as such, does not guarantee the accuracy, integrity, or quality of such content. User understands that by using the Services, User may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will POWER MTA SERVERS be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services.
XIV. DISCLAIMER OF WARRANTIES
a. USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT MEMBER’S SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
b. POWER MTA SERVERS AND ITS THIRD PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
c. POWER MTA SERVERS AND ITS THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICES WILL MEET USER’S REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES POWER MTA SERVERS OR ITS THIRD PARTY SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS OR ERRORS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED.
d. USER UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT, DATA, OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICES IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
e. POWER MTA SERVERS AND ITS THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SERVICES.
f. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM POWER MTA SERVERS OR ITS THIRD PARTY SERVICE PROVIDERS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
g. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
XV. LIMITATION OF LIABILITY
a. USER AGREES THAT POWER MTA SERVERS 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 USER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF POWER MTA SERVERS OR ITS THIRD PARTY SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. USER FURTHER AGREES THAT POWER MTA SERVERS 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.
c. 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.
XVI. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
POWER MTA SERVERS respects the intellectual property of others, and we ask our users to do the same. POWER MTA SERVERS may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide POWER MTA SERVERS’s Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
POWER MTA SERVERS’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
POWER MTA SERVERS
XVI. GENERAL PROVISIONS
Unless otherwise provided in this Agreement, any notice to User regarding the Services shall be made via email, regular mail, or facsimile. POWER MTA SERVERS is the intended beneficiary of this Agreement. The failure of POWER MTA SERVERS and its third party service providers to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 the provision, and the other provisions of this Agreement remain in full force and effect. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.