NiceNIC TERMS OF EMAIL SERVICE

The following are the terms and conditions for use of NiceNIC. NiceNIC service (referred to as the "Service") provided by NiceNIC (referred to as the “Service Provider”) Please read them carefully. This Service is provided to individuals who are at least 18 years old or minors who have parental permission to open and maintain an account. BY CHECKING THE "I agree to the Terms of Service" CHECKBOX AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS"). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

1. MEMBER ACCOUNT, PASSWORD, AND SECURITY You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Service Provider immediately of any unauthorized use of your account or any other breach of security.

2. MEMBER PRIVACY It is the Service Provider's policy to respect the privacy of its members. The Service Provider will not monitor, edit, or disclose any personal information about you (including your credit card information) or your use of the Service, including its contents, without your prior permission unless required or allowed by law, including where the Service Provider has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of the Service Provider; (3) enforce the TOS; (4) act to protect the interests of its members or others; or (5) facilitate a change of control of the Service Provider or the acquisition of the Service Provider's business by a third party, and to enable that third party to continue to provide NiceNIC. NiceNIC services to you. The Service Provider may provide certain user information in aggregate form to third parties for demographics. In addition, your internet protocol address is transmitted with each message sent from your account. Some personal information you provide to the Service Provider may be stored outside of the country in which you reside. You agree that the Service Provider may access your account, including its contents, as stated above or to respond to service or technical issues.

3. MESSAGE STORAGE, FILE STORAGE, OUTBOUND MESSAGES AND OTHER LIMITATIONS The amount of storage space per user may be limited (see the help for details). Some sent or received messages, or uploaded or downloaded files may not be processed due to space constraints or other limitations. You agree that the Service Provider is not responsible or liable for the deletion or failure to store messages, files or other information. Where free accounts are provided, you agree that you will not create more than one free account to be used by one person.

4. MEMBER CONDUCT As a condition of your use of the Service, you warrant to the Service Provider that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Users with free accounts agree to use the Service only to send, receive, upload and publish personal messages and content. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited. Paying users of the Service are authorised to use the Service for business-related communications, but may not resell the Service or use it in ways not permitted by other clauses of this document, including but not limited to use in connection with Unsolicated Commercial Email, multi-level marketing schemes, or illegal activies. You agree to abide by all applicable local, state, national 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 your transmissions through the Service, or any content you upload or publish through the Service. By way of example, and not as a limitation, you agree not to: Use the Service in connection with surveys, contests, pyramid schemes, multi-level marketing schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information. 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. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other user or usage information or any portion thereof other than in the context of your use of the Service as permitted under the TOS. Knowingly 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 you 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. Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the service. Interfere with another member's use and enjoyment of the Service or another individual's or entity's use and enjoyment of similar services. The Service Provider has no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, the Service Provider 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.

5. LINKS TO THIRD PARTY SITES THE LINKS INCLUDED WITHIN THE SERVICE MAY LET YOU LEAVE THE SERVICE WEB SITES ("LINKED SITES"). THE LINKED SITES ARE NOT UNDER THE CONTROL OF THE SERVICE PROVIDER AND THE SERVICE PROVIDER IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. THE SERVICE PROVIDER IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. THE SERVICE PROVIDER IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY THE SERVICE PROVIDER OF THE SITE OR ANY ASSOCIATION WITH THEIR OPERATORS.

6. DISCLAIMERS/LIMITATION OF LIABILITY The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Service Provider and/or its respective suppliers may make improvements and/or changes in the Service at any time. The Service Provider does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. The Service Provider does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that the Service Provider shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that the Service Provider is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that the Service Provider is not responsible for any content sent using and/or included in the Service by any third party. The Service Provider reserves the right to assign its rights and responsibilities under this agreement to any 3rd party.
THE SERVICE PROVIDER AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE SERVICE PROVIDER AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE SERVICE PROVIDER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE SERVICE PROVIDER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES.

7. INDEMNIFICATION You agree to indemnify and hold the Service Provider, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service.

8. TERMINATION The Service Provider may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever, with or without providing any refund of any payments. The Service Provider may also terminate or suspend your account for inactivity, which is defined as failing to sign-in to the Service for an extended period of time, as determined by the Service Provider. The amount of time that the Service Provider currently considers as an "extended" period of time may be viewed from the Help link. Upon termination of the Service, your right to use the Service immediately ceases. The Service Provider shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.

8.1. NO REFUNDS Any refunds are at the sole discretion of the Service Provider. The Service Provider may choose to make a refund at its sole unfettered discretion, however the Service Provider shall have no obligation to refund any portion of any payments, in the event that You wish to discontinue use of all or part of the Service, or in the event that your access is terminated by the Service Provider.

9. NO SPAM; DAMAGES The Service Provider will 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, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay the Service Provider liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay the Service Provider's actual damages, to the extent such actual damages can be reasonably calculated.

10. PROPRIETARY RIGHTS TO CONTENT You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by the Service Provider, or the Service Provider's Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Web sites, including code and software.

11. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES The Service Provider reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TOS on this Web site. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes.

12. GENERAL This agreement is governed by the laws of the State of Victoria, and Australia, without regard to the conflict or choice of law rules thereof. The courts sitting in the State of Victoria, Australia shall have exclusive jurisdiction over any dispute arising hereunder. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Service Provider as a result of this agreement or use of the Service. the Service Provider's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Service Provider's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by the Service Provider with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Service Provider with respect to the Service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Service Provider with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and the Service Provider agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance. Except where explicitly indicated otherwise, prices shown on this site exclude any sales tax that might be applicable in the Customers jurisdiction. Customer will pay Service Provider any additional sales taxes not previously levied upon request

13. LANGUAGE It is the express will of the parties that this agreement and all related documents have been drawn up in English.

14. CONTENT UPLOADED BY MEMBERS The Service Provider does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for public or shared access on the Service, you grant a world-wide, royalty free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or the Service Provider removes such Content from the Service.

COPYRIGHT AND TRADEMARK NOTICES: All source code, executable code, page designs and other copyrightable material are Copyright of NiceNIC. All rights reserved. Any rights not expressly granted herein are reserved.