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-sub-licensable, 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.
This Agreement is an annual agreement, automatically renewable unless either party requests change or termination. Either party may terminate this Agreement 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.
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.
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.
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. Once domain registration or renewal has been completed done, no refund is available for any reason.
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:
- 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.
- Transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind.
- Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.
- Advertise or offer to sell or buy any goods or services for any non-personal purpose.
- Harvest or otherwise collect information about others, including email addresses, without their consent.
- Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
- Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
- 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.
- Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
- 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.
- 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.
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.
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.
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.
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.
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:
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.