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Terms and Conditions Notice: You must read and agree to these terms and conditions before registering and/or reregistering for use of the MerseyMail service. By clicking the "Accept Terms and Conditions" link you agree to be bound by the terms and conditions set out below. Please read these terms and conditions carefully. General Terms and Conditions for MerseyMail Users This Agreement is made between you the user, whose particulars are set out on the Registration Form you complete if you agree to these terms and conditions, and Connect Internet Solutions Ltd, whose address is:- Connect Internet Solutions Ltd 100 Barbirolli Square Manchester M2 3AB E-mail:postmaster@merseymail.com MerseyMail Free Email MerseyMail is a free web-based email service operated by Connect Internet Solutions Ltd, available free of charge to all who are or have been resident and/or who work within Merseyside, and who have or can obtain web access. For the avoidance of doubt Connect Internet Solutions Ltd is not liable for any charges incurred by you the user in gaining web access. MerseyMail is provided to you under the terms and conditions of this Agreement and any operating rules or policies that may be published by Connect Internet Solutions Ltd from time to time regarding the use of the MerseyMail service. These Terms and Conditions together with the Registration Form which follows comprise the entire Agreement between the user and Connect Internet Solutions Ltd and this Agreement supersedes all prior Agreements between the parties regarding the subject matter contained herein. 1. What You Agree to Do You the user agree: 1.1 to provide true, accurate, current and complete information in completing the registration details following; 1.2 to notify MerseyMail at the earliest opportunity, and in any event not later than fourteen days of any changes to your registration details; 1.3 to select a username and password; 1.4 to accept total responsibility for all activity arising from accessing/using the MerseyMail service through use of your username/password and by accepting this Agreement you confirm that Connect Internet Solutions Ltd does not have any responsibility/liability to you or third parties arising from such access/use; 1.5 to take responsibility for any content you transfer through MerseyMail 1.6 to only use MerseyMail for legitimate purposes and in compliance with all applicable laws. 1.7 that if, following access/use of the MerseyMail service, you have any right, claim or action against any third party arising out of the use of the MerseyMail service, then you will pursue such right, claim or action independently and without recourse to Connect Internet Solutions Ltd. 1.8 that where an item on the MerseyMail service is of particular/specific importance/value or where you otherwise consider it necessary, you will be responsible for taking any/all appropriate steps to preserve such material in a format/medium which is independent of the MerseyMail service. For the avoidance of doubt Connect Internet Solutions Ltd will not be responsible:- a) for any action required in an endeavour to recover any material which has been on the MerseyMail service but subsequently lost however this may have occurred; and b) for the costs of any such action to recover material or any financial consequences either to you or any third party arising out of any such loss. 1.9 in the event of any claim being made against Connect Internet Solutions Ltd arising out of your usage of the MerseyMail service, to supply (within a period which in all the circumstances is reasonable) any information required by Connect Internet Solutions Ltd in order to investigate and/or repudiate such claim. 2. What You May Not Do You the user agree: 2.1 not to impersonate any other person or entity or use a false name that you are not authorised to use; 2.2 not to use the MerseyMail service for any illegal purposes and not to use it in contravention of any/all relevant laws; 2.3 not to send and/or receive and/or access material of a content that is defamatory, offensive, abusive, obscene or menacing or which may cause annoyance, inconvenience or needless anxiety or in any other way either directly or indirectly by using the service to cause nuisance or annoyance to a third party; 2.4 not to introduce/send/distribute by any means computer viruses or worms to or via the MerseyMail service; 2.5 not to use MerseyMail in a way which breaches or infringes the rights of any person (including, but not limited to, third party intellectual property rights,privacy rights or confidentiality); 2.6 not to post or transmit chain letters; 2.7 not to use the MerseyMail service to make any commitment (whether financial or otherwise) on behalf of any third party without their express consent to do so; 2.8 In using the MerseyMail service you will not hold out that you are in any way empowered to make commitments on behalf of or in any way involving the MerseyMail service or Connect Internet Solutions Ltd. 2.9 not to hold Connect Internet Solutions Ltd liable to you or any third party for any modification/failure or discontinuance of, the MerseyMail service; 2.10 not to disclose your password to any third party including the administrators of the MerseyMail service.; 2.11 not to permit any other person to use the MerseyMail service where access has been obtained by using your username and password; 2.12 not to use the MerseyMail service in any way with the express intention of hiding your true identity and/or discrediting Connect Internet Solutions Ltd or any third party; 2.13 not to use the MerseyMail service in order to facilitate, participate or promote the following; a) sending unsolicited junk-mail or bulk e-mail for either commercial or non-commercial purposes; b) sending chain letter/pyramid-selling schemes or similar devices for financial gain; c) sending mail bombs (i.e. sending large or multiple e-mails with intention to annoy the recipient or cause the systems of any Internet Provider or Connect Internet Solutions Ltd or any third party to fail on receipt of such e-mails;) d) posting binaries (i.e. data such as images, sound clips, etc.) to newsgroups, excepting those specifically created for such binary postings. 3. What Connect Internet Solutions Ltd Agrees to Do 3.1 For so long as it, in its absolute discretion decides to operate the MerseyMail service, Connect Internet Solutions Ltd will comply with the relevant English Data Protection laws in respect of the information you have supplied. Connect Internet Solutions Ltd may use your personal data for its internal business purposes and for marketing purposes and will comply with requests for information by the police or other regulatory bodies with appropriate powers or government authority investigating illegal activities. 3.2 Connect Internet Solutions Ltd reserves the right to email you at your MerseyMail address with information and offers relating to products and or services provided by Connect Internet Solutions Ltd and/or Connect's approved commercial partners, who either sponsor or help provide this service. We do not sell, rent or trade your personal information to other organisations for marketing purposes without your express consent. If you do not wish your personal data to be passed to third parties for marketing purposes you must uncheck the relevent "opt out" box(s) at the end of the Registration Form. 3.3 Connect Internet Solutions Ltd will take reasonable steps to ensure that mail stored on the MerseyMail service can be recovered in the event of hardware or software problems with the servers providing the service. 4. What Other Powers does Connect Internet Solutions Ltd Have? Connect Internet Solutions Ltd may: 4.1 Delete without prior notice your MerseyMail account (including your username and password) and delete your emails and any other data stored on the MerseyMail service if your usage is deemed excessive and/or against the interest of other MerseyMail users without any liability for loss arising from such action. 4.2 Delete without prior notice your MerseyMail account (including your username and password) and delete your emails and any other data stored on the MerseyMail service if you fail to use the MerseyMail service at least once in any three calendar month period. 4.3 Take any appropriate steps to verify information provided by you to Connect Internet Solutions Ltd. 4.4 To unilaterally vary the terms of this Agreement and to require you to confirm your acceptance of the variation before further access to the MerseyMail service is permitted. 4.5 Connect Internet Solutions Ltd reserves the right to access your MerseyMail account for the purposes of ensuring compliance with the terms of this Agreement. 5. What Connect Internet Solutions Ltd is not responsible for 5.1 If whilst using the MerseyMail service you include in any emails or other data links to other web sites or resources you acknowledge and agree Connect Internet Solutions Ltd does not have any responsibility for the availability of such external sites or resources, and do not sanction and are not responsible or liable, directly or indirectly for any content, advertising, products or other materials on or available from such sites or resources and you acknowledge that you are responsible for seeking any appropriate advice/guidance before making any commitment/acting upon any material on or available from such sites. 5.2 Connect Internet Solutions Ltd shall not be liable to you or to any third party for any modification to or discontinuance of the MerseyMail service. 6. What Connect Internet Solutions Ltd May Do if You Do Not Comply with this Agreement Connect Internet Solutions Ltd may: 6.1 Delete without prior notice your MerseyMail account (including your username and password) and delete your emails and any other data stored on the MerseyMail service if any of the following occurs: a) any user information provided by you is untrue, inaccurate, out-of-date or incomplete. b) Connect Internet Solutions Ltd believes that you have breached this Agreement. 7. Changes to this Agreement 7.1 Any notice which Connect Internet Solutions Ltd is required to give to you regarding the MerseyMail service will be made through email, or via the interfaces provided under the MerseyMail service or by sending it in the normal course of post to the address which you provide. 7.2 Any notice which is required to be given by you to Connect Internet Solutions Ltd regarding the MerseyMail service should be given through the interfaces provided under the MerseyMail service or by email or by sending it in the normal course of post to Connect Internet Solutions Ltd at the address specified in this Agreement. 8. Disclaimer/Warranties 8.1 MerseyMail is provided on an "as is" and "as available" basis and Connect Internet Solutions Ltd does not make any warranties or representations, whether express or implied, in relation to MerseyMail, including but not limited to, implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose except to the extent required by law. 8.2 Connect Internet Solutions Ltd does not make any warranty that MerseyMail will meet your requirements or will be uninterrupted, timely, secure or error-free. 8.3 No warranty is given by Connect Internet Solutions Ltd as to results that may be obtained or the accuracy of any information obtained through MerseyMail. 8.4 Connect Internet Solutions Ltd does not make any warranty regarding any goods or services purchased or obtained through MerseyMail or any transactions entered into through MerseyMail. 9. Indemnity 9.1 You agree to indemnify MerseyMail, Connect Internet Solutions Ltd, and all their respective officers, directors, employees, immediately on demand, against all claims, liability, damages, costs and expenses including legal fees, that arise out of any breach of these terms and conditions of service, by you or any other liabilities arising out of your use of the MerseyMail service. 10. Severability 10.1 Each provision of these terms and conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of these terms and conditions howsoever occasioned. 11. No Waiver 11.1 No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision. 12. Entire Agreement , Assignment and Law and Jurisdiction 12.1 These terms and conditions constitute the entire Agreement between the parties with respect to their subject matter and exclude any representations and warranties previously given or made other than any negligent or fraudulent misrepresentation. 12.2 This Agreement may not be assigned by the User to any third party. Connect Internet Solutions Ltd may assign this Agreement to any third party. 12.3 These terms and conditions shall be governed by English law and you hereby irrevocably submit to the exclusive jurisdiction of the English court.
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