Terms & Conditions

The following agreement is between Mail247 Ltd. (“Mail247”) and You (“client”).
WHEREAS, Mail247 is an information provider connected to the Internet. Mail247 offers web hosting and email server hosting services over the Internet through access to its Web Server;
WHEREAS, Client seeks to utilize Mail247’s server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Mail247 can make no guarantee that any given reader shall be able to access Mail247’s server at any given time. Mail247 represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible.
Now Therefore, in consideration of the mutual promises contained herein, the parties agree as follows:
A) Financial Arrangements
Client agrees to a minimum one (1) year contract, beginning upon Mail247’s receipt of payment for the first year of service.
First year payment plus setup charges, if any, shall be due in advance of service. Whilst our pricing may be broken down to a monthly figure, all accounts are payable yearly in advance. The account cannot be transferred or used by anyone other than the subscriber.
This agreement will automatically renew for successive one (1) year period unless canceled in writing 14 days prior to the annual renewal date. Written notice may be by postal, the Mail247 form or fax transmission. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions.
Renewal fees for the following term will be automatically charged to the credit card on file for your account unless other arrangements have been made. Payments may also be made by cheque. Returned cheques are subject to a $50.00 returned cheque fee.
Accounts that have unpaid invoices and past the renewal date will be suspended without prior notice until the account is brought current. Mail247 reserves the right to terminate the account and delete the files. Mail247 reserves the right to apply a $50.00 reconnection fee to all suspended accounts. Suspension does NOT release client of the responsibility for payment of the account and monies due.
In any case where Client has exceeded the allocated free quota of web space, email space and data transfer Mail247 reserve the rights to bill the extra web space, email space and data transfer used accordance with the standard price list or suspend the account immediately without any prior notice.
Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
B) Taxes
Mail247 shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or Mail247’s server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
C) Material and Products
Mail247 will exercise no control whatsoever over the content of the information passing through the network except for what is noted in Section J of this agreement. Mail247 will not host any material that is, in Mail247 sole discretion, judged as unlawful, threatening, pornographic, political, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. Please contact Mail247 if uncertain of the nature of your content. Mail247 makes no warranties or representations of any kind, whether expressed or implied for the service it is providing.
Mail247 also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of Mail247 is at the Client’s own risk, and Mail247 specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Mail247 expressly limits its damages to the Client for any non-accessibility time or other down time to the pro- rata monthly charge during the system unavailability. Mail247 specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
Client may not run background processes on Mail247’s servers. Violations of this policy will result in a user’s background processes being killed, and may result in account suspension.
D) Trademarks & Copyrights
Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
E) Age
The Customer certifies that he or she is at least 18 years of age.
F) Internet Etiquette
Electronic forums such as mail distribution lists all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Mail247 may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Mail247. All messages transmitted via Mail247 should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
Mail247 does not permit the transmission of unsolicited e-mail. Complaints or allegations regarding the abuse of e-mail will be investigated. If it is found that the client has engaged in the intentional transmission of unsolicited e-mail, a warning to cease and desist will be issued. Subsequent violations will result in suspension and/or termination of the account.
Software items that result in denial of service are not fit for use. Mail247 reserves the right to delete those files.
Clients may not use the account as storage facility or as a download site for MP3, softwares, offer free emails, free websites, free banner exchange services or any large scale free services. Customer may also not run any kind of chat script or create any kind of chating site using the hosting service.
G) Privacy
Mail247 will make every effort to protect the privacy of Mail247’s clients. Mail247 will not reveal personal information regarding its clients. Mail247 cannot however protect privacy through the Internic registration database as this information is open to the public.
H) Termination
This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Written notice may be by postal or fax transmission. Mail247 reserves the right to verify all cancellations before terminating service. Notwithstanding the above, Mail247 may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement.
At any time Mail247 believe that the service is being utilized by client causes any kind of network or server problem or disturbance, Mail247 may immediately terminate service without liability and without refund.
All data not limiting to web and email will be deleted immediately if the termination is due to breach of contract, otherwise to be deleted 45 days after the date of service expiry.
Termination Due to None Renewal. Mail247 may terminate this Agreement if You failed to pay for the renewal fees of its Services on time upon renewal.
Termination Due to None Compliance by Customer. If the Agreement or Services is terminated by You or by Mail247 due to non-compliance by You of any provisions in this Agreement prior to the expiry of the
Initial Term, You shall pay Mail247 in full all charges, fees and rentals for the remainder of the said term. Or refer to Appendix I
Fees. On termination of this Agreement, You shall pay Mail247:
all amounts invoiced to You in accordance with this Agreement and unpaid as at the termination date together with the interest charged on those amounts; and
all amounts incurred by You but not invoiced to You as at the termination date. Or refer to Appendix I
Services De-activation. If You terminates your account, Mail247 will de-activate the server/account on the day You specify the account is cancelled. Mail247 will not maintain an archival copy of your Web site(s) or files. It is your responsibility to remove any data off the server prior to the date provided in their cancellation notice.
Rights. Termination of this Agreement by either You or Mail247 for any reason whatsoever shall be without prejudice to any other rights, remedies or claims Mail247 may have against You under this Agreement or at law in respect of any antecedent breach by You of any provision of this Agreement
Effect of Termination. If Mail247 terminates Your right to access or use any portion or all of the Services:
You remain responsible for all fees and charges You have incurred prior the date of termination; Or
refer to Appendix I
You remain responsible for any applicable fees and charges for any Services to which You continue to have access, as well as applicable data storage fees and charges, and fees and charges for inprocess tasks completed after the date of termination; Or refer to Appendix I
You will not be entitled to any service credits under the Service Level Agreements for any period of post termination; and refer to Appendix I
Mail247 will erase ALL of Your Content as a result of Your termination, except as specified elsewhere in this Agreement. Or refer to Appendix I
Any such termination shall not be a breach by Mail247 of this Agreement. Or refer to Appendix I
I) Limited Liability
Client expressly agrees that use of Mail247’s Server is at Client’s sole risk. Neither Mail247, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Mail247’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Mail247 Server service, unless otherwise expressly stated in this Agreement.
Under no circumstances, including negligence, shall Mail247, its offices, agents or any one else involved in creating, producing or distributing Mail247’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Mail247 Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Mail247’s records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Mail247’s Server service.
Notwithstanding the above, Client’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney’s fee and court costs.
J) Lawful Purpose
Client may only use Mail247’s Server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted materials, material judged to be obscene, threatening, pornographic, political, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability or material protected by trade secrets.
K) Indemnification
Client agrees that it shall defend, indemnify, save and hold Mail247 harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Mail247, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Mail247 against Liabilities arising out of
any injury to person or property caused by any products sold or otherwise distributed in connection with Mail247’s Server;
any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
copyright infringement and
any defective product which Client sold on Mail247 Server.
L) Contact Revisions
Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Client on renewal of Mail247 services as specified in Section A.
ALL software and files uploaded must follow the standard Internet guidelines for fitness of use. Such software items that result in denial of service are not fit for use. Mail247 reserves the right to delete those files.
Clients may not use the account as storage facility or as a download site for MP3, softwares, offer free emails, free websites, free banner exchange services or any large scale free services. Customer may also not run any kind of chat script or create any kind of chating site using the hosting service.
M) Value Added Reselling
Clients approved and authorized as Mail247’s resellers are allowed to resell the storage and transfer services provided by Mail247 as provided for in its standard product offering. Client agrees to handle and is responsible for all third-party client’s content, support, set-up, maintenance and billing. Client agrees to having the necessary additional knowledge and skill level required. Client also agrees that they are responsible for all payments for accounts brought on by client under the reseller program.
N) Other Agreements
Client agrees to abide by the terms set forth in this document as well as other Mail247 policy documents including, but not limited to:

Anti-Spam Policy

Modifications to the Agreement
Mail247 may from time to time, vary or modify the terms and conditions of this Agreement (including any Policies) by posting/update a revised version on the Mail247 Official Website. The modified terms will become effective upon posting or, if Mail247 notifies You by email, as stated in the email message. By continuing to use the Services after the effective date of any modifications to this Agreement, You agree to be bound by the modified terms. It is Your responsibility to check the Mail247 Website regularly for modifications to this Agreement. Mail247 last modified this Agreement on the date listed at the beginning of this Agreement.
General
Additional terms and conditions and policies set out in Mail247 Website are in addition to this Agreement and Mail247 reserves the right to revise those terms and conditions from time to time. In the event of any conflict or inconsistencies between the provisions of this Agreement and any terms and conditions set out in Mail247 Website, the terms and conditions set out in Mail247 Website shall prevail.
In the event of an invoice dispute, You shall pay all undisputed amounts on the invoice due date. To the extent that You dispute any portion of the invoice, You shall notify Mail247 in writing and provide documentation supporting Your dispute before the invoice due date or Your right to any billing adjustment shall be waived. If the dispute is resolved against You, You shall pay such amount due plus interest as set forth in this Agreement from the date the payment was originally due.