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The PonyMail Service ("PonyMail" or the "Service"), owned and operated by PonyMail Inc. ("PMI"), is provided to you ("Client") under the terms and conditions of this PonyMail Terms and Conditions Agreement (the "Agreement") and any operating rules or policies that may be published by PMI. The Agreement comprises the entire agreement between Client and PMI and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I AGREE" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT.
PonyMail is an electronic mail ("e-mail") Storing, Forwarding and URL redirection (also called forwarding) service provided by PonyMail Inc. Located in Minneapolis, Minnesota, USA. It provides the Client with one or multiple unique e-mail address(es) ("PonyMail Address") and one or multiple unique URLs ("PonyMail URL"). E-mail sent to a PonyMail Address is automatically forwarded to the e-mail account(s) designated by the Client. Location requests sent to a PonyMail URL are automatically redirected to the URL designated by the Client.
Client must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the Internet; (2) provide for own access to the Internet; (3) provide necessary software to be able to connect to the Internet; and, (4) for URL redirection, have an established and functional URL location connected to the Internet.
In consideration for this Service, Client agrees to: (1) pay the appropriate subscription fees in a timely manner, (2) provide certain current, complete, and accurate information about Client as prompted to do so by the Service and (3) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data ("Registration Data") and shall be kept only for the sole purpous of Client support.
If any information provided by Client is inaccurate or if subscription fees are not paid in a timely manner, PMI retains the right to terminate Client's subscription and rights to use PonyMail without prior notice.
PonyMail is a subscription service. Client agrees to pay all subscription fees and other charges within fifteen (15) days of account activation date. If payment is not received in a timely manner, PMI may terminate Client's account without prior notice.
PMI maintains a 30 day money back guarantee. Client is not entitled to a refund of payment under any circumstances after this 30 day period.
Current subscription fees and other charges are published on the PonyMail website. Client agrees to pay the fees and charges as published on the date of initial subscription or renewal.
Client is solely responsible for the contents of his or her transmissions through PonyMail.
Client's use of PonyMail is subject to all applicable local, state, national and international laws and regulations.
Client agrees: (1) not to use PonyMail for illegal purposes; (2) not to interfere or disrupt networks connected to PonyMail; and (3) to comply with all regulations, policies and procedures of networks connected to PonyMail.
PonyMail makes use of the Internet to send and receive messages; therefore, Client's conduct is subject to Internet regulations, policies and procedures. Client agrees not to use PonyMail in conjunction with chain letters, pyramid schemes, spamming, or harassment. Spamming includes, but is not limited to, the sending of unsolicited advertising, promotional material, or other forms of solicitation to any person who has not given specific permission to be included in such a process. PMI reserves the right to determine when a Client has violated any of these policies.
PMI may, at its sole discretion, immediately terminate Client's PonyMail service without refund and without prior notice, should that Client's conduct fail to conform with the terms and conditions of this Agreement.
As the Client, you are responsible for determining the legal status of any intellectual property you use, duplicate and/or transmit/receive through PonyMail. Client agrees not to violate copyright laws by using or transferring copyrighted works through our system or by causing them to be transferred or stored without the permission of the copyright holder. Client agrees to accept all liability and responsibility for any violation of copyright laws.
E-mail is private correspondence between the sender and the recipient.
It is PMI's policy to respect the privacy of its Clients. Therefore PMI will not monitor, edit, or disclose the contents of a Client's private communications and Registration Data unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on PMI; (2) protect and defend the rights or property of PMI; or (3) act under exigent circumstances to protect the personal safety of its members or the public.
Client acknowledges and agrees that PMI neither endorses the contents of any Client communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
Client acknowledges and agrees that certain technical processing of e-mail messages and their content, may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of PonyMail; or (4) conform to other similar requirements.
Client chooses a secret identifier and an account. Client is entirely responsible if Client does not maintain the confidentiality of Client's secret identifier and account. Furthermore, Client is entirely responsible for any and all activities which occur under Client's account. Client may change Client's secret identifier at any time by following instructions available on the PonyMail website.
Client agrees to notify PMI immediately of any unauthorized use of Client's account or any other breach of security known to Client.
Use of PonyMail that violates any of the rules and regulations in this agreement is grounds for termination. PMI reserves the right to terminate without refund and without prior notice any Client in its sole discretion.
CLIENT EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CLIENT'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
PMI EXPRESSLY DISCLAIMS 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.
PMI MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PMI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE.
Client UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CLIENT'S OWN DISCRETION AND RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACQUISITION OF SUCH MATERIAL AND/OR DATA.
PMI MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CLIENT FROM PMI OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
CLIENT AGREES THAT PMI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR MESSAGES NOT RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF PMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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.
Client agrees to indemnify and hold PMI, its 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 Client's use of PonyMail, the violation of this Agreement by Client, or the infringement by Client, or other user of the Service using Client's computer, of any intellectual property or other right of any person or entity.
Either Client or PMI may terminate the Service without refund with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party. PMI shall not be liable to Client or any third party for termination of Service.
Should Client object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with PonyMail in any way, Client's only recourse shall be to immediately: (1) discontinue use of PonyMail; (2) terminate PonyMail subscription; and (3) notify PMI of termination.
Upon termination of PonyMail, Client's right to use PonyMail immediately ceases. Client shall have no right and PMI shall have no obligation thereafter to forward any unread or unsent messages to Client or any third party.
All notices to a party to this agreement shall be in writing and shall be made either via e-mail or conventional mail. PMI may broadcast notices or messages through the Service to inform Client of changes to the Agreement, the Service, or other matters of importance; such broadcasts shall constitute notice to Client.
The Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota, excluding its conflict of law provisions.
Client and PMI agree to submit to the exclusive jurisdiction of the courts of the state of Minnesota.
If any provision(s) of the Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect.
PMI's failure to exercise or enforce any right or provision or any other right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by PMI in writing.
Client and PMI agree that any cause of action arising out of or related to PonyMail must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.