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Terms of Service:
Babuki.com Terms of Service Terms Of Service The Babuki Mail service (the "Service"), owned and operated by Babuki Ltd (the "Company", is provided to you (the "User") under the terms and conditions of this Babuki terms of service and any amendments thereto and any operating rules or policies (the "ENTS") that may be published from time to time by the Company. The ENTS comprises the entire agreement between the User and the Company. and supersedes any prior agreements pertaining to the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS YOU ARE AGREEING TO BE BOUND BY THE ENTS. USER'S REGISTRATION OBLIGATIONS AND USERNAMES In consideration of use of the Service, the User agrees: (a) to provide true, accurate, current and complete information about the User as prompted by the webmail Registration Form; and If any information provided by the User is untrue, inaccurate, not current or incomplete, the Company has the right to terminate the User's account and refuse any and all current or future use of the Service. In addition, any chosen Username that is misleading, threatening, vulgar, obscene, or otherwise objectionable, or that conflicts with the Company interests or implies association with the Company may be terminated at the sole discretion of the Company. The Company retains ownership of all Usernames and reserves the right to reclaim any name at any time. USE OF REGISTRATION DATA The Company will only disclose your Personal Information if : (1) the Company has to conform to legal requirements or comply with legal process; (2) the Company has to protect and defend the rights or property of Babuki Ltd; or (3) the Company has to enforce the ENTS. MODIFICATIONS TO TERMS OF SERVICE The Company reserves the right to change the ENTS at any time. MODIFICATIONS TO SERVICE The Company reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to the User. The User agrees that the Company shall not be liable to the User or any third-party for any modification or discontinuance of the Service. MAIL PRIVACY POLICY The Company considers email transmitted via the Service to be the private correspondence between the sender and recipient. The Company will not monitor, edit or disclose the contents of a User's private communications, except that the User agrees that the Company may do so: (a) as required by law; (b) to comply with legal process; (c) if necessary to enforce the ENTS (d) to respond to claims that such contents violate the rights of third-parties; (e) to protect the rights or property of the Company or others. The User understands and agrees that technical processing of email communications is and may be required (a) to send and receive messages; (b) to conform to the technical requirements of connecting networks; (c) to conform to the limitations of the Service; or (d) to conform to other, similar technical requirements. The User acknowledges and agrees that the Company does 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 or other rights of another. USER ACCOUNT, PASSWORD AND SECURITY Users select a password and username for mailbox access upon completing the registration process.The User is responsible for remembering and maintaining the confidentiality of the password and username, and is fully responsible for all activities which occur under the User's password or account. The User agrees to immediately notify the Service of any unauthorized use of the User's password or account or any other breach of security. USER CONDUCT The User agrees to abide by all applicable local, state, national, and international laws and regulations in the User's use of the Service, and agrees not to interfere with the use and enjoyment of the Service by other Users. The User agrees to be solely responsible for the contents of User's transmissions through the Service. The User agrees (a) not to use the Service for illegal purposes; (b) not to interfere with or disrupt the Service or servers or networks connected to the Service; (c) to comply with all requirements, procedures, policies and regulations of networks connected to the Service; and (d) to comply with all applicable laws regarding the transmission of technical data. The User agrees not to transmit through the Service or, use their supplied email address to transmit through any other service, unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. The User agrees not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another. The User agrees not to transmit any material that violates any applicable local, state, national, or international law or regulation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Service. Finally, User agrees not to transmit junk mail, spam, chain letters, viruses, trojans or unsolicited mass distribution of email. INDEMNITY The User agrees to indemnify and hold the Company, and their parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the User's use of the Service, User's connection to the Service, User's violation of the ENTS, or User's violation of any rights of another. All conditions, terms, representations and warranties that are not expressly stated , whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Babuki.com shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer. NO RESALE OF SERVICE User agrees not to resell the Service or use of or access to the Service. EMAIL STORAGE The Company assumes no responsibility for the deletion or failure to store email messages. The Company is entitled to place a limit on the size of message storage it will maintain in the User mailbox at any one time. The User is responsible for the deletion of mail messages and files to comply with this limit. Email will not be accepted for the User if the User mailbox exceeds this. Email that includes the following executable file attachments will not be stored (.pif,.scr,.bat,.com,.exe,.vbs,.cmd,.js,.jse,.vbe,.wsf,.wsh). The User is responsible for notifying senders that these types of file attachments must be zipped or archived before sending. Storing files, executables, or otherwise using the Service as storage, back-up space, or as a means of distributing software is strictly prohibited and will result in immediate termination of account and access to the Service. TERMINATION The User agrees that the Company may terminate the User's password, account or use of the Service if the Company believes (a) that User has violated or acted inconsistently with the letter or spirit of the ENTS, or (b) that the User has violated the rights of the Company or other Users or parties. The User further agrees that the Company may terminate User's password, account or use of the Service if the User fails to use the Service at least one time during a reasonable period of time as determined by the Company. This period is currently set at 60 days. User acknowledges and agrees that any termination of service under this Agreement under any provision of this Agreeement may be effected without prior notice, and acknowledges and agrees that the Company may immediately delete email files in User's account and bar any further access to such files or the Service. DEALINGS WITH ADVERTISERS The User's correspondence with or participation in promotions of advertisers found on the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such advertiser. The User agrees not to hold the Company liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. LINKS The Service may provide, or the Users may include in email, links to other Web sites or resources. The User acknowledges and agrees that the Company is 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. The User agrees that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources. PROPRIETARY RIGHTS The User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in advertisements or information presented to the User through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The User acknowledges and agrees that the User is permitted to use this material and information only as expressly authorized by the Company or advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization. DISCLAIMER OF WARRANTIES THE USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT THE USERS SOLE RISK. THE SERVICE IS PROVIDED FREE OF CHARGE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY 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. THE COMPANY MAKE NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE COMPANY 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 OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICE IS DONE AT THE USER'S OWN DISCRETION AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. THE COMPANY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. LIMITATION OF LIABILITY THE USER AGREES THAT THE COMPANY 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 TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE 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, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER FURTHER AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, 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. NOTICE Any notice to the User or to the Service shall be made via email. The Service may also provide notices of changes to the ENTS or other matters by displaying notices to Users generally on the Service. GENERAL The ENTS and the relationship between the User and the Company shall be governed by the laws of Scotland without regard to its conflict of law provisions. The User and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within Scotland. The failure of the Company to exercise or enforce any right or provision of the ENTS shall not constitute a waiver of such right or provision. If any provision of the ENTS 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 the ENTS remain in full force and effect. The 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 Service or the ENTS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the ENTS are for convenience only and have no legal or contractual effect.