Terms & Conditions
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Terms of Service Agreement
These conditions represent the terms and conditions under which you ("the Client") may use the services of @home.co.uk email, wholly owned by HomeCo Internet Property Limited ("Service Provider"). If you accept these Terms of Service, you are indicating that you have read, understand and agree to be bound by all of the terms, conditions and policies set forth herein, including any future amendments (collectively, the "Agreement").
Description of Services
Service Provider will provide the Client with a capability to send and receive electronic mail ("email") through the Web via the SMTP, POP3 and IMAP4 protocols through a local email client on their desktop and to access their mail via the Internet and a Web browser ("Email Services"). Service Provider is not responsible for providing Client's access to the Internet or paying for such services. Service Provider is not responsible for providing any equipment necessary for Client to make a connection to the Internet, including but not limited to computers and modems.
If any information provided by the Client is false or inaccurate, Service Provider retains the right to terminate the Client's right to use the Email Services.
Client Password and Security
The Client will receive or provide a password on registering for the service. It is the Client's responsibility to maintain the confidentiality of that password and the Client is entirely responsible for any activity that takes place under any email address registered in their name. If the Client becomes aware of any unauthorized use of any of its registered email addresses or any breach of security the Client should notify the Service Provider immediately.
Service Provider makes every effort to perform all system maintenance activities during a scheduled maintenance window. The maintenance windows are currently scheduled for Saturdays and Sundays from 5:00 am to 9:00am UK time, though not every maintenance window is utilized.
The Service Provider reserves the right to change the terms, conditions, and notices under which the service is offered, including but not limited to the charges associated with the use of the services. The Client is responsible for regularly reviewing these terms and conditions and additional terms posted on particular web sites. Continued use of the service constitutes your agreement to all such terms, conditions, and notices.
Period of Performance
This Agreement and Client's use of the Email Services shall become effective on the date the order is submitted by Client to Service Provider ("Effective Date"). The Period of Performance of this Agreement shall commence on the Effective Date and shall continue for a period of twelve (12) months. Thereafter, this Agreement shall automatically renew for additional like periods ("Renewal Periods") on the same terms and conditions as herein agreed, as may be amended from time to time, unless and until either party provides the other party with written or electronic notice of termination at least thirty (30) days prior to the end of the Initial Period, or any Renewal Period.
The Renewal Fees will be due in full one (1) day prior to the commencement of the Renewal Period, and will be automatically debited from Client's credit card prior to that date, unless other payment arrangements are made between Client and Service Provider.
Termination and Non-Renewal
Upon termination or non-renewal of service, Client agrees that Service Provider and the Service Provider Network shall no longer support Client's Email Services and shall no longer be required to store any of Client's data. In the event of termination or non-renewal of service, Service Provider may delete all of Client's information and email data after thirty (30) days.
Understanding for Termination
The Client agrees that Service Provider may terminate the Client's use of the Email Services if it believes that the Client has violated or acted inconsistently with the letter or spirit of this Agreement, or that the Client has violated the rights of Service Provider or other Clients or parties.
Service Provider may also terminate the Client's use of the Email Services if Client's payment for any Service Fee or Renewal Fee is returned for insufficient funds, rejected by bank card processing services, or otherwise any situation in which the Email Services provided by Service Provider remains unpaid after its due date ("Overdue Balance"). In a situation where Client has an Overdue Balance, Service Provider will make a reasonable effort to contact Client using the contact methods previously provided by Client, in order to obtain full payment for the Overdue Balance, before terminating Client's use of the Email Services.
Email Message Filtering
Service Provider may optionally provide filtering of email messages that pass through the Service Provider Network for the purpose of identifying Spam, known viruses and other disruptive content (collectively "Junk Email"). Service Provider makes reasonable effort to configure its automated software to accurately identify Junk Email, however Client acknowledges and agrees that it is not possible to identify such content with 100% accuracy and that Service Provider is not obligated to do so. Service Provider does not guarantee that it will identify and block all of the Junk Email that Client receives through the use of the Email Services, nor does Service Provider guarantee that the emails that are identified or blocked by the filtering software truly contain Junk Email content. Client acknowledges that it is always a good idea to run a desktop virus scanner and firewall on computers that are connected to the Internet as a secondary line of defense in case such content slips through the email message filters and to reduce the risk of Client's systems being infected by viruses that spread via other methods besides email.
Client agrees to and understands the risks associated with using the Email Services and receiving and transmitting email messages via the Internet. Client agrees to hold harmless and indemnify Service Provider from and against any liabilities, damages, losses, costs and expenses, including attorney's fees, of every kind and nature, caused by or arising out of claims based upon the receipt, transmission or loss of any content.
Email Message Storage
The Email Services have a fixed storage limit per mailbox. Email messages when received may not be stored if the size of such email would put the destination mailbox over its storage limit. It is Client's responsibility to monitor the size of their mailboxes in order to prevent it from reaching its storage limit. Service Provider assumes no responsibility for the deletion of or failure to store email messages.
Data Backup and Restore Policy
Client's email messages are backed up to separate storage systems daily for the purpose of recovery from errors or system failure ("Data Backups"). The Data Backups consist of a snapshot of the contents within each mailbox at a specific moment in time. The Data Backups may not store every email that is transferred or received using the Email Service, but rather it stores a copy of the email messages that exist within each mailbox during the time the Data Backups are processed each day. Copies of email messages may remain in the Data Backups for approximately two (2) weeks, even after Client deletes the email messages from their mailbox or after termination of Email Services. Service Provider employees do not access email messages in the Data Backups unless a data restore is needed.
Acceptable Use Policy
Service Provider and Client will adhere to the Acceptable Use Policy with respect to the use of the Email Services.
Notwithstanding anything to the contrary stated herein, Service Provider maintains all rights, title and interest in the Email Services, Service Provider Software, Project Software and Work Product, and Client may not claim ownership of or use the Email Services, Service Provider Software, Project Software and Work Product in a resale capacity or allow access to the Email Services, Service Provider Software, Project Software and Work Product by any third parties.
Service Provider reserves all rights to use the Email Services, Service Provider Software, Project Software and Work Product in whatever manner it chooses, including for other Service Provider clients.
Disclaimer of Warranties
The Service Provider does not warrant that the service will meet any particular requirements of the Client, that the service will be uninterrupted, that emails will be sent or received within any particular time, or that the service will be secure or error free. The Service Provider does not give any warranty in respect of any goods or services purchased or obtained through the service or any transactions entered into through the service. The Service Provider may terminate your access to any part or all of the service and any related service(s) at any time, with or without cause, with or without notice, effective immediately for any breach of these Conditions of Use. Subscription fees or other payments will not be refunded for any terminated account. The Service Provider may also terminate or suspend a trial account, or any account that has expired, for inactivity, which is defined as failing to sign-in to the service for 14 consecutive days. The Service Provider shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.
Limitation of Liability
The Client agrees that he or she uses the service at their own risk. The Service Provider will not accept any liability either in contract, tort (including negligence) or otherwise for any direct, indirect, incidental or consequential loss resulting from the use or the inability to use the service. Nothing in these terms and conditions limits the Service Provider's liability for death or personal injury resulting from the Service Provider's negligence. The Client agrees that any material and/or data downloaded by the Client is done so entirely at their own risk and the Client will be solely responsible for the consequences of downloading any such material.
No Resale or Profiteering of the Service
Although a Client may choose to register multiple accounts, any account of the Client is understood as a stand-alone single account. The Client may choose whether the account shall be used for personal or corporate purposes. However, the Client agrees not to resell or make any commercial use (leasing or selling of accounts) of Email Services, without the express consent of Service Provider.
The Client agrees to defend, indemnify and hold harmless Service Provider, its employees, directors, officers, agents and business affiliates (including any such business affiliate through which Client became a Client of the Service), and their respective successors and assignees from, and against, any and all liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of your account or the content contained in any email that has been sent or received through the Email Services, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
This Agreement comprises the entire Agreement between Client and Service Provider and supercedes any and all prior agreements between the parties regarding the subject matter contained herein.
Failure of Service Provider to insist upon strict performance of any of the Terms of Service contained herein shall not be deemed a waiver of any right or remedy that Service Provider shall have in respect thereof, and shall not be deemed a waiver of any subsequent default in performance of the Terms of Service.
Provision of Notice
All notices to a party shall be in writing and shall be made either through email or conventional mail. Service Provider may broadcast notices or messages through the service to inform Clients of changes to this Agreement, the service, or other matters of importance; such broadcasts shall constitute notice to the Clients.
These terms and conditions will be governed in accordance with the laws of England and Wales. The Client and the Service Provider agrees to submit to the exclusive jurisdiction of the courts of England and Wales.