AfterOffice.com ("AfterOffice")
provides this service subject to compliance
with the following terms and conditions. Your
use of the services will constitute your acceptance
of these terms and conditions. DESCRIPTION
OF SERVICES
The Service consists of a homepage hosting
and virtual office applications like email,
calendar, discussion board, meeting room,
instant message, document center, contact
manager, notepad, bookmark etc (the"Services").
AfterOffice reserves the right to change the
Service or the terms and conditions of this
Agreement at any time without notice. Unless
explicitly stated otherwise, any new features
that augment or enhance the current Service
will be subject to the terms of this Agreement.
In order to use the Service, you must obtain
access to the World Wide Web, either directly
or through devices that access web-based content,
and pay any service fees associated with such
access. In addition, you must provide all
equipment necessary to make such connection
to the World Wide Web, including a computer
and modem or other access device.
LICENSE TO USE
AfterOffice grants you a non-sublicensable,
non-exclusive and non-transferable license
(the "License") to use its proprietary
software, and only in conjunction with this
Service Agreement. You will not, directly
or indirectly, reverse engineer, decompile,
disassemble or otherwise attempt to discover
the source code or underlying ideas or algorithms
of the software; modify, translate, or create
derivative works based on the software; or
copy (except for archival purposes), rent,
lease, distribute, assign, or otherwise transfer
rights to the software; use the software for
timesharing or service bureau purposes or
otherwise for the benefit of a third party;
or remove any proprietary notices or labels
on the software. As between the parties, you
acknowledge that Afteroffice retain ownership
of all software, any portions or copies thereof,
and all rights therein. You further agree
that AfterOffice will have irrevocable, non-exclusive,
worldwide, royalty-free rights with respect
to the use of any member developed content
posted to public areas of Afteroffice, without
compensation to You.
TERMINATION
This Agreement is an annual agreement, automatically
renewable unless either party requests change
or termination. Either party may terminate
this Agreeement for any reason by notifying
the other party 30 days in advance of the
termination date. AfterOffice may also terminate
this Agreement immediately, without prior
notice or liability, if you breach any of
the terms or conditions of this vice Agreement.
If you purchased additional services, you
will pay in full for the service up to and
including the last day on which the service
is provided. To terminate the Service, you
must contact AfterOffice via email provided
below in the "contact" section.
AfterOffice will remove the content of an
account shortly after cancellation. Upon
termination of this Agreement for any reason,
this License will terminate and you will
destroy and cease to use the software. All
sections of this Agreement should survive
termination, including, without limitation,
accrued rights to payment, warranty disclaimers,
and limitations of liability. Termination
is not an exclusive remedy and all other
remedies will be available whether or not
the license is terminated.
DOMAIN NAME
Should you required AfterOffice to acquire
an internet Domain Name on your behalf,
then in such case you hereby waive any claims
which it may have against AfterOffice, for
any loss, damage, claim or expenses arising
out of or in relation to the registration
of such Domain Name in any online or off-line
network directories.
REGISTRATION OBLIGATIONS
In consideration of your use of the Service,
you agree to: (a) provide true, accurate,
current and complete information about yourself
as prompted by the Service's registration
form (such information being the "Registration
Data") and (b) maintain and promptly
update the Registration Data to keep it
true, accurate, current and complete. If
you provide any information that is untrue,
inaccurate, not current or incomplete, or
AfterOffice has reasonable grounds to suspect
that such information is untrue, inaccurate,
not current or incomplete, AfterOffice has
the right to suspend or terminate your account
and refuse any and all current or future
use of the Service.
PAYMENT
The subscription fee (applicable to
paid Services only) is due at the time the
online application is filled out. Currently
applicable fees are available at www.AfterOffice.com
Services page. AfterOffice reserves the
right to change the fees or applicable charges
and to institute new charges at any time,
upon thirty (30) days prior notice to you
(which may be sent by email). The fees will
automatically be charged annually or according
to subscription, in advance. AfterOffice
may choose to bill through an invoice, in
which case, full payment for invoices issued
in any given month must be received by AfterOffice
thirty (30) days after the mailing date
of the invoice, or the Service may be terminated.
Your AfterOffice account will be considered
delinquent if your credit card company refuses
for any reason to pay the amount billed
to it or check returned for any reason and
that amount remains unpaid at the beginning
of the next accounting cycle. Unpaid invoices
are subject to interest of 1.5% per month
on any outstanding balance, or the maximum
permitted by law, plus all expenses of collection,
including reasonable attorney's fees. Further,
AfterOffice may impose a charge to restore
archived data from delinquent account. As
a reminder, payment by fraudulent means
will result in immediate and permanent termination
of the account, and possible criminal penalties.
USER CONDUCT
As a condition of using the Service, you will
warrant to AfterOffice that you will not use
the Service for any purpose that is unlawful
or prohibited by these terms, conditions,
and notices. The Service is provided to you
as your personal and business use only. Any
unauthorized commercial use of the Service,
or the resale of its services, is expressly
prohibited. You agree to abide by all applicable
local and international laws and regulations
and are solely responsible for all acts or
omissions that occur under your account or
password, including the content of their transmissions
through the Service. By way of example, and
not as a limitation, you agree not to:
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Use the service in any
way for spamming, chain letters, junk
mail or distribution lists to any person
who has not given specific permission
to be included in such a process, as
required by applicable law. |
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Transmit through the Service
any unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene
or otherwise objectionable material
of any kind. |
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Publish, distribute or
disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent
or unlawful material or information.
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Advertise or offer to
sell or buy any goods or services for
any non-personal purpose. |
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Harvest or otherwise collect
information about others, including
email addresses, without their consent.
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Create a false identity
for the purpose of misleading others
as to the identity of the sender or
the origin of a message. |
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Transmit or upload any
material that contains viruses, trojan
horses, worms, time bombs, cancelbots,
or any other harmful or deleterious
programs. |
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Transmit or upload any
material that contains software or other
material protected by intellectual property
laws, rights of privacy or publicity
or any other applicable law unless corporation
members own or control the rights thereto
or have received all necessary consents.
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Interfere with or disrupt
networks connected to the Service or
violate the regulations, policies or
procedures of such networks. |
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Attempt to gain unauthorized
access to the Service, other accounts,
computer systems or networks connected
to the Service, through password mining
or any other means. |
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Interfere with another
user's use and enjoyment of the Service
or another company's or entity's use
and enjoyment of similar services. |
AfterOffice has no obligation to monitor
the Service or any user's use thereof or
retain the content of any user session.
However, AfterOffice reserves the right
at all times to monitor, review, retain
and/or disclose any information as necessary
to satisfy any applicable law, regulation,
legal process or governmental request.
AFFILIATE SITES
The affiliate sites are not under the
control of AfterOffice and AfterOffice is
not responsible for the contents of a affiliate
site or any link contained in a affiliate
site, or any changes or updates to such
sites. AfterOffice is not responsible for
webcasting or any other form of transmission
received from any affiliate or it's linked
site.
SUPPORT
Subject to the terms hereof, AfterOffice
will provide you with email support services
for the Service and associated software,
including the ability to email file links
to third parties. Under no circumstances
will AfterOffice have any obligation to
provide you with hard-copy documentation,
upgrades, enhancements, modifications, or
toll-free phone support.
PASSWORD AND SECURITY
Upon registration, you will choose a user
name and password. You are responsible for
keeping your user name and password confidential.
You are responsible for all activity occurring
through use of your account and/or password.
You agree to (a) immediately notify AfterOffice
of any unauthorized use of your password
or account or any other breach of security,
and (b) ensure that you logout from your
account at the end of each session. AfterOffice
will not be responsible for any loss arising
from your failure to comply with this Section.
INDEMNIFICATION
You hereby agree to indemnify and hold harmless
AfterOffice and its directors, offices,
shareholders, employees, franchisees and
resellers from any and all lost, claim or
demand, including reasonable attorneys'
fees, made by any third party due to or
arising out of your use of the Service,
your violation of this Agreement, or your
infringement of any intellectual property
or other right of any person or entity through
your use of the Service.
LIMITATION OF LIABILITIY
You understand that that in no event will
AfterOffice or its officers, directors,
shareholders, parents, affiliates, partners,
franchisees, subsidiaries, resellers or
licensors be liable for any consequential,
indirect, incidental, special or punitive
damages, including but not limited to, damages
for loss of profits, goodwill, use, data
or other intangible losses, whether in an
action under contract, negligence or any
other theory, arising out of (i) your use
or inability to use the Services, or (ii)
your reliance on any content published on
AfterOffice.
LAW MATTER
AfterOffice will fully cooperate with law
enforcement authorities in investigating
suspected lawbreakers, and reserves the
right to report to such authorities any
suspect activity it becomes aware of.
CONTACT All notices to a party will
be in writing and will be made either via
email, facsimile or conventional mail. Notices
will be sent, if to customer, to the latest
email or street address AfterOffice has
on record, and if to AfterOffice, to the
following:
support@afteroffice.com
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE
IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY
KIND, AND AFTEROFFICE DISCLAIMS ALL WARRANTIES,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT.
AFTEROFFICE MAKES NO WARRANTY THAT THE SERVICE
WILL MEET YOUR REQUIREMENTS, OR THAT THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
VIRUS FREE, OR ERROR FREE. ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICES IS AT YOUR
OWN DISCRETION AND RISK. YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING
FROM THE USE OF THE SERVICES. ATEROFFICE
WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY
KIND RESULTING FROM THE USE OF OR THE INABILITY
TO USE THE SERVICES, RESULTING FROM ANY
GOODS OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH THE SERVICES, RESULTING FROM
LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION
OF USER'S TRANSMISSIONS OR DATA OR FOR THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES, INCLUDING BUT NOT LIMITED
TO DAMAGES FOR LOSS OF PROFITS, USE, DATA
OR OTHER INTANGIBLES, EVEN IF AFFTEROFFICE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
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