Universal Terms of Service for
Software and Services
This Agreement ("Agreement") is by and between Easyco Pty Ltd t/as
("Uniquemail") as a Victorian Company registered with
the Australian Securities & Investments Commission and you, your heirs, agents,
successors and assigns ("You"), and is made effective as of the date of electronic
execution. This Agreement sets forth the terms and conditions of Your use of
software (“Software”) and services (“Services”) and explains
Uniquemail’s obligations to You and Your obligations
in relation to the Software and Services You purchase.
This Agreement as well as any additional
policies, together with all modifications thereto, constitute the complete and exclusive
agreement between You and
concerning Your use of
Uniquemail’s Software and Services, and supersede and
govern all prior proposals, agreements, or other communications. All
policies and agreements specific to particular Software and Service are incorporated
herein and made part of this Agreement by reference, including the Acceptable Use
Policy (“AUP”). By purchasing
Uniquemail’s Software or Services, You acknowledge
that You have read, understood, and agree to be bound by all terms and conditions
of this Agreement and any other policies or agreements made part of this Agreement
by reference, as well as any new, different or additional terms, conditions or policies
may establish from time to time, and any agreements that
is currently bound by or will be bound by in the future.
In addition to transactions entered into by You on Your behalf, You also agree to
be bound by the terms of this Agreement for transactions entered into on Your behalf
by anyone acting as Your Agent, and transactions entered into by anyone who uses
the account You've established with
Uniquemail, whether or not the transactions were in
Your behalf. You acknowledge that
Uniquemail’s acceptance of any application made by
You for Services provided by
will take place at
Uniquemail‘s registered offices located in Wantirna
South, Victoria, Australia.
The General Terms in Section A apply to all customers of
Uniquemail. The Software and Services Specific Agreements
incorporated in Section B apply only to customers who have purchased those referenced
A. GENERAL TERMS APPLICABLE TO ALL SOFTWARE AND SERVICES
1. TERM OF AGREEMENT; MODIFICATIONS.
You agree that
may modify this Agreement and the Services from time to time. You agree to be bound
by any changes
may reasonably make to this Agreement when such changes are made. If You have purchased
Services or Software from
Uniquemail, the term of this Agreement shall continue
in full force and effect as long as You take advantage of and use the Software or
Services. In the event You terminate Your usage,
will not refund any amounts You have paid. You agree that
shall not be bound by any representations made by third parties who You may use
to purchase Services from
Uniquemail, and that any statement of a general nature,
which may be posted on
Uniquemail’s Web site or contained in
Uniquemail’s promotional materials, will not bind
may, at times, offer certain promotions with different charges and features.
You agree that You will be responsible for notifying
should You desire to terminate Your use of
Uniquemail's Services. Notification of Your intent
to terminate must be provided to
no earlier than 10 days prior to Your billing date but no later than three days
prior to Your billing date.
2. ACCURATE INFORMATION.
You agree to maintain accurate information by providing updates to
Uniquemail, as needed, while You are using
Uniquemail’s Services. You agree You will notify
within five (5) business days when any change of the information You provided as
part of the application and/or registration process changes. Failure by You, for
whatever reason, to respond within five (5) business days to any inquiries made
to determine the validity of information provided by You will constitute a material
breach of this Agreement.
You agree that
may use and rely on any such information provided by You for all purposes in connection
with Your Services, subject to
that is inaccurate, not current, false, misleading or incomplete, or if
has reasonable grounds to suspect that Your information is inaccurate, not current,
false, misleading or incomplete,
has the absolute right, in its sole discretion, to terminate its Services and close
You can view
which is incorporated herein by reference, as it is applicable to all
Uniquemail’s responsibilities with regard to Your personal
will not use Your information in any way inconsistent with the purposes and limitations
4. ACCOUNT SECURITY.
You agree You are entirely responsible for maintaining the confidentiality of Your
customer number/email login, password and credit card number (collectively, the
"Account Access Information"). You agree You are entirely responsible for any and
all activities that occur under Your account. You agree to notify
immediately of any unauthorized use of Your account or any other breach of security.
will not be liable for any loss that You may incur as a result of someone else using
Your Account Access Information, either with or without Your knowledge. You further
agree You could be held liable for losses incurred by
or another party due to someone else using Your Account Access Information. For
security purposes, You should keep Account Access Information in a secure location
and take precautions to prevent others from gaining access to Your Account Access
Information. You agree that You will be responsible for all activity in Your account,
whether initiated by You, or by others on Your behalf, or by any other means.
specifically disclaims liability for any activity in Your account, whether authorized
by You or not.
5. NO UNLAWFUL CONDUCT OR IMPROPER USE.
As a condition of Your use of
Software and Services, You agree not to use them for any purpose that is unlawful
or prohibited by these terms and conditions, and You agree to comply with any applicable
local, state, federal and international laws, government rules or requirements.
You agree You will not be entitled to a refund of any fees paid to
if, for any reason,
takes corrective action with respect to Your improper or illegal use of its Services.
reserves the right at all times to disclose any information as
deems necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials, in
whole or in part, in
Uniquemail's sole discretion.
If You have purchased Services,
has no obligation to monitor Your use of the Services.
reserves the right to review Your use of the Services and to cancel the Services
in its sole discretion.
reserves the right to terminate Your access to the Services at any time, without
notice, for any reason whatsoever.
reserves the right to terminate Services if Your usage of the Services results in,
or is the subject of, legal action or threatened legal action, against
or any of its affiliates or partners, without consideration for whether such legal
action or threatened legal action is eventually determined to be with or without
Except as set forth below,
may also cancel Your use of the Services, if You are using the Services, as determined
in its sole discretion, in association with spam or morally objectionable activities.
Morally objectionable activities will include, but not be limited to: activities
designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties;
activities prohibited by the laws of Australia and/or foreign territories in which
You conduct business; activities designed to encourage unlawful behavior by others,
such as hate crimes, terrorism and child pornography; activities that are tortuous,
vulgar, obscene, invasive of the privacy of a third party, racially, ethnically,
or otherwise objectionable; activities designed to impersonate the identity of a
third party; illegal access to other computers or networks (i.e., hacking); distribution
of Internet viruses or similar destructive activities; and activities designed to
harm or use unethically minors in any way. In the event
deletes Your Services because they are being used in association with spam or morally
objectionable activities, no refund will be issued. You agree You will not be entitled
to a refund of any fees paid to
if, for any reason,
takes corrective action with respect to Your improper or illegal use of its Services.
6. NO SPAM; LIQUIDATED DAMAGES.
may immediately terminate any account which it believes, in its sole discretion,
is transmitting or is otherwise connected with any spam or other unsolicited bulk
email. In addition, if actual damages cannot be reasonably calculated then You agree
liquidated damages of $1 for each piece of spam or unsolicited bulk email transmitted
from or otherwise connected with Your account, otherwise You agree to pay
Uniquemail's actual damages.
7. INTELLECTUAL PROPERTY.
You agree that
or its licensor holds all rights, title and interest in all Software and Services
and all intellectual property, including other rights related to intangible property,
unless otherwise indicated. You acknowledge that no title or interest in such Intellectual
Property Rights is being transferred to You and You agree to make no claim of interest
in any such Services or Software.
You understand and agree that all content and materials contained in this Agreement,
other policies, the
web site, and any affiliated web sites, are protected by the various copyright,
patent, trademark, service mark and trade secret laws of Australia, as well as any
other applicable proprietary rights and laws, and that
or its licensor expressly reserves its rights in and to all such content and materials.
You further understand and agree that You are prohibited from using, in any manner
whatsoever, any of the content or materials described above without the express
written permission of
or its licensor. No license or right under any copyright, patent, trademark, service
mark or other proprietary right or license is granted to You or conferred upon You
by this Agreement or otherwise.
8. USE OF
If You have licensed software from
grants You a limited, non-exclusive, nontransferable and non-assignable license
to use the software for such purposes as are ordinary and customary. You are free
to use the software on any computer, but not on two or more computers at one time.
You agree to not alter or modify the Software. You agree You are not authorized
to combine the Software with any other software program, create derivative works
based upon the Software, nor are You authorized to integrate any plug-in or enhancement
which uses or relies upon the Software. You further agree not to reverse engineer,
decompile or otherwise attempt to uncover the source code.
and its licensors reserve all rights to the Software. The Software and any copies
You are authorized to make are the intellectual property of
and its licensors. The source code and its organization are the exclusive property
and its licensors, and the Software is protected by copyright, including United
States Copyright Law. Except as expressly provided for in this section, this Agreement
does not grant You any rights in the Software and all rights are reserved by
PROVIDES THIS SOFTWARE "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
9. FEES AND PAYMENT.
As consideration for the Software or Services purchased by You and provided to You
Uniquemail, You agree to pay
at the time You order. All fees are due immediately and are non-refundable unless
otherwise expressly noted, even if Your Services are suspended, terminated, or transferred
prior to the end of the Services term.
expressly reserves the right to modify pricing through email notification and/or
notice on its Web site. Payment may be made by You by providing either a valid credit
card, or if applicable a sufficiently funded PayPal account (collectively, the "Payment
Method"). Your Payment Method on file must be kept valid if You have any active
products in Your account.
If You signed up for an annual payment plan, and You elected the automatic renewal
will automatically renew Your Services when they come up for renewal and will take
payment from the Payment Method You have on file with
Uniquemail's then current rates.
If for any reason
is unable to charge Your Payment Method for the full amount owed to
for the Services provided, or if
is charged a penalty for any fee it previously charged to Your Payment Method, You
may pursue all available remedies in order to obtain payment. If You pay by credit
card and if for any reason
is unable to charge Your credit card with the full amount of the Services provided,
is charged back for any fee it previously charged to the credit card You provided,
You agree that
may pursue all available remedies in order to obtain payment. You agree that among
may pursue in order to effect payment, shall include but will not be limited to,
immediate cancellation without notice to You of any domain names or Services registered
or renewed on Your behalf.
reserves the right to charge a reasonable administrative fee for administrative
tasks outside the scope of its regular Services, including additional costs that
it may incur in providing the Services and pass along to You. These include, but
are not limited to, customer service issues that cannot be handled over email but
require personal service, fees incurred by third parties You have elected to use
as payment methods, including PayPal, and disputes that require legal services.
These charges will be billed to the Payment Method we have on file for You.
You agree that You are solely liable for arranging that Your Services are renewed,
shall not be liable to You or any third party if it is unable to charge Your Payment
Method in order to renew Your Services.
While all transactions are processed in Australian dollars,
may provide an estimated conversion price to currencies other than Australian dollars.
You acknowledge and agree that the pricing displayed during the checkout process
is an estimate. Due to potential slight time delays between actual purchase and
the payment settlement, the actual price charged may fluctuate.
makes no representations or warranties that the estimated price will be the same
or substantially similar to the actual price You will pay and You waive any and
all claims based upon any discrepancy between the estimate and the actual price
and the price paid and any subsequent refund. In addition, you may be charged VAT,
GST or other localized taxes, based on the country indicated in Your billing address
section. Any amounts to be charged are included during the checkout process.
a. Pay by PayPal
Uniquemail’s pay by PayPal, Inc. (“PayPal”) option
(“Pay by PayPal”), You can purchase
Software and Services using PayPal. In consideration for the Software and Services
purchased by You and provided to You by
Uniquemail, You agree to allow PayPal to debit the
full amount of this transaction from Your PayPal account balance or the Preferred
Funding Source You established with PayPal, which is non-refundable.
It is Your responsibility to keep Your PayPal Account current, to have available
funds in it and to have Your PayPal Account backed by a valid credit card. You agree
that PayPal and
will not be responsible for payments that fail to go through as a result of Your
Funding Source no longer existing, or holding insufficient funds. If for any reason
PayPal is unable to withdraw the full amount owed for the Services provided, You
agree that PayPal and
may pursue all available remedies in order to obtain payment. You agree that if
the transaction is returned unpaid, You will pay a service charge of $25.00 or the
maximum amount allowed by law, which may be debited from Your account by PayPal
or charged to Your Preferred Funding Source.
By clicking the box labeled “I agree” to the terms of the Pay by PayPal terms, You
authorize the information provided to be used for the creation of an electronic
funds transfer (EFT), and You authorize a debit of THE FULL AMOUNT of Your order
from Your PayPal Account or Preferred Funding Source.
10. REPRESENTATIONS AND WARRANTIES.
You, or the individuals who electronically execute this Agreement on behalf of You
hereby represent and warrant that they have the right, power, legal capacity and
appropriate authority to enter into this Agreement, and that they own and have not
transferred to any other person or entity any of the rights, claims or interests
that are the subject of this Agreement. You represent and warrant that You are 18
years of age or older, or that You have an agent authorized by law to represent
You who is 18 years of age or older who is entering into this Agreement on Your
behalf. You warrant that each action You make is being done so in good faith and
that You have no knowledge of it infringing upon or conflicting with the legal rights
of a third party or a third party's trademark or trade name.
expressly reserves the right to deny, cancel or transfer any domain name registration
that it deems necessary, in its discretion, to protect the integrity and stability
of the registry, to comply with any applicable laws, government rules or requirements,
requests of law enforcement, in compliance with any dispute resolution process,
or to avoid any liability, civil or criminal, on the part of
Uniquemail, as well as its affiliates, subsidiaries,
officers, directors and employees.
also reserves the right to freeze a domain name during resolution of a dispute.
11. LIMITATION OF LIABILITY.
IN NO EVENT SHALL
BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR
ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING
NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS
AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE
SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions may not allow such a broad exclusion or limitation on liability
for damages as contained herein. In such jurisdictions,
Uniquemail’s liability is limited to the full extent
permitted by law. You agree that in no event shall
Uniquemail’s maximum aggregate liability exceed the
total amount paid by You for the particular Software or Service in dispute purchased
12. DISCLAIMER OF WARRANTIES.
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. SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF,
ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH
EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless
and its contractors, agents, employees, officers, directors, shareholders, and affiliates
from any loss, liability, damages or expense, including reasonable attorneys' fees,
resulting from any third party claim, action, proceeding or demand related to Your
(including Your agents affiliates, or anyone using Your account, software or services
whether or not on Your behalf, and whether or not with Your permission) use of the
Software or Services You purchased from
or Your breach of this Agreement or incorporated agreements and policies. In addition,
You agree to indemnify and hold
harmless from any loss, liability, damages or expense, including reasonable attorneys'
fees, arising out of any breach of any representation or warranty provided herein,
any negligence or wilful misconduct by You, or any allegation that Your account
infringes a third person's copyright, trademark or proprietary or intellectual property
right, or misappropriates a third person's trade secrets. This indemnification is
in addition to any indemnification required of You elsewhere. Should
be notified of a pending law suit, or receive notice of the filing of a law suit,
may seek a written confirmation from You concerning Your obligation to indemnify
Uniquemail. Your failure to provide such a confirmation
may be considered a breach of this agreement. You agree that
shall have the right to participate in the defence of any such claim through counsel
of its own choosing. You agree to notify
of any such claim promptly in writing and to allow
to control the proceedings. You agree to cooperate fully with
during such proceedings.
You agree You will not be entitled to a refund of any fees paid to
if, for any reason,
takes corrective action with respect to Your improper or illegal use of its services.
14. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.
This agreement shall be deemed entered into in the State of Victoria. You agree
that the laws and judicial decisions of Vitoria, Australia, shall be used to determine
the validity, construction, interpretation and legal effect of this Agreement. You
agree that any action relating to or arising out of this Agreement shall be brought
in the courts of Melbourne, Victoria, Australia. You agree to waive the right to
trial by jury in any proceeding that takes place relating to or arising out of this
You agree that all notices (except for notices concerning breach of this Agreement)
to You may be posted on our Web site. Notices concerning breach will be sent either
to the email or postal address You have on file with
Uniquemail. In either case, delivery shall be deemed
to have been made five (5) days after the date sent.
Notices from You to
shall be made either by email or sent to the address provided on the
The headings in the Agreement are descriptive only and in the event of a conflict
between a heading and the underlying terms of this Agreement, the terms of this
Agreement shall control.
17. ENTIRE AGREEMENT.
You agree that this Agreement including the policies and agreements it refers to
constitute the complete and only Agreement between You and
regarding the Services contemplated herein.
You agree that the terms of this Agreement are severable. If any part of this Agreement
is determined to be unenforceable or invalid, that part of the agreement will be
interpreted in accordance with applicable law as closely as possible, in line with
the original intention of both parties to the Agreement. The remaining terms and
conditions of the Agreement will remain in full force and effect.
The failure of
to enforce any of the provisions within this Agreement or its incorporated agreements
and policies against You or others shall not be construed to be a waiver of the
thereafter to enforce such provisions.
20. FORCE MAJEURE.
will make every effort to keep its Web site and Services operational. However, certain
technical difficulties and other factors outside of its control may, from time to
time, result in temporary service interruptions. You agree not to hold
liable for any of the consequences of such interruptions.
Sections 1, 7, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 shall survive any
termination or cancellation of this Agreement.
22. NO THIRD PARTY BENEFICIARIES.
Nothing in this Agreement, express or implied, is intended to confer upon any third
party any rights, remedies, obligations, or liabilities under or by reason of this
Agreement, except as expressly provided in this Agreement.
In addition to the terms an conditions detailed above, you may also be bound by
the Windows Live terms of service. In accepting this agreement you also agree to
accept Windows Live service
agreement and have read and understood the Microsoft Online privacy statement.