ApproveMail.com TERMS AND CONDITIONS and TERMS OF SERVICE (TOS)
Revised 10/11/2008
  1. ACCEPTANCE OF TERMS
    PLEASE READ THE FOLLOWING TERMS OF SERVICE ("TOS") THOUROUGHLY. BY REGISTERING FOR APPROVEMAIL.COM ("ApproveMail," "us," "we", "site") SERVICES, YOU ("member") AGREE TO BE BOUND BY THIS AGREEMENT. ApproveMail provides online Services including, without limitation, personal email, business email, and data storage to you, governed by the TOS, which may be updated by us at any time with or without notice to you. ApproveMail may provide you with notices, including those regarding changes to the TOS or other notices related to your ApproveMail account, either by email to your ApproveMail acount or your secondary email account, or postings on the site. Please visit these TOS for changes. Your continued use of the Services following such changes will be deemed acceptance of such changes. You may also be subject to additional terms and conditions that will apply when you use other ApproveMail-related Services, such as ApproveCash Affiliate Terms and Conditions. We may terminate this Agreement with member at any time and for any reason with or without prior notification to said member.

  2. REGISTRATION OBLIGATIONS AND FEES
    You agree to: provide true, accurate, current and complete information about yourself as prompted by the Service's sign-up form and maintain and promptly update your information to keep it true, accurate, current and complete. If ApproveMail has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ApproveMail has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. All registration fees are non-refundable. We reserve the right, without prior notification, to refuse your registration. Verification of information may be required prior to ApproveMail's acceptance of any payment. The prices for any Services are subject to change by posting any such changes on the Site. As part of the registration process and use of the Services, you will be asked to pay a membership fee and submit certain information to ApproveMail or a third party service provider, including, without limitation, payment information. You understand that any such information will be treated by ApproveMail in the manner described in our Privacy Policy. You agree that all information that you provide to ApproveMail or such third party provider will be accurate, current and complete. You agree to pay all charges incurred by at the price(s) in effect when such charges are incurred. You may also be responsible for paying any applicable taxes.

  3. SECURITY
    You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ApproveMail of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ApproveMail cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.

  4. MEMBER CONDUCT
    You agree to NOT use any Services to: upload or email any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; upload or email any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload or email any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; "stalk" or otherwise harass another; upload or email any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload or email any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; or intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.

  5. FREE TRIAL MEMBERSHIPS, MEMBERSHIP LEVELS AND PRICING
    All Free Trial Memberships will automatically convert to a paid membership at the end of the Free Trial Period and will be billed at the then-applicable rate, unless proper notice of cancellation has been received (see CANCELLATION section). The member will not be charged for a paid subscription at inception of the Free Trial. Upon expiration of a non-cancelled Free Trial Membership, the membership will automatically convert to a paid membership and the member will be billed accordingly. For purposes of defining the Free Trial Period length, the day upon which the user signs-up for the Free Trial shall be considered to be the first full day of the Free Trial period, regardless of what time during the day the user signs-up. It is the member's sole responsibility to ensure that proper notice of cancellation (see CANCELLATION section) has been received and processed by ApproveMail prior to the end of the Free Trial Period should the member elect to cancel the membership. Absent such timely notification, the Free Trial membership shall automatically convert to a paid membership at the membership level selected by the member during the registration process and be billed accordingly at the applicable rate at the conclusion of the Free Trial Period. Members who do not so terminate within the Free Trial Period will be automatically billed for a paid membership at the conclusion of the Free Trial Period.

    Paid memberships shall be for a period of time designated by the member during the account signup process, whether the signup is for a Free Trial or a paid membership, or as modified from within the member interface, and shall renew and rebill automatically at the conclusion of the current membership period for an additional membership period of the same length as the current membership period, at the then-applicable rate, unless proper notice of cancellation has been received (see CANCELLATION section). All membership periods, whether Trial Periods, Free Trial Periods, or regular Membership Periods, and any cancellation or renewal periods related thereto, shall be determined and governed exclusively by the time settings of the Approvemail servers and credit card processing gateway(s) utilized by Approvemail. User's may adjust their own time zone display settings from within the User interface by selecting the Options menu, however these setting do not in any way modify or affect the time zone settings related to trial period and/or membership periods/renewals as described herein.

  6. CREDIT CARD PREAUTHORIZATIONS
    Credit card users are subject to a card preauthorization for the Free Trial Membership as well as for any Membership Level updates or changes. The card preauthorization does not charge any amount to the credit card, it is simply a verification that the required funds are available. However, the applicable future subscription charge may be reserved against the user's available credit card limit. The Site will not be held responsible for financial institution or credit card company fees or penalties due to overdrawn or deliquent user accounts, or for any reason whatsoever related to charge preauthorizations, or otherwise. Contact your credit card issuing financial institution for details.

  7. GENERAL PRACTICES REGARDING USE AND STORAGE
    You acknowledge that ApproveMail may establish general practices and limits concerning use of the Service, including without limitation the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, and the maximum disk space that will be allotted on ApproveMail's servers on your behalf. You agree that ApproveMail has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that ApproveMail reserves the right to modify these general practices and limits from time to time.

  8. MODIFICATIONS TO SERVICE
    ApproveMail reserves the right at any time to change any fees or charges for use of the Services. We also reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ApproveMail shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  9. INTERNATIONAL USE
    Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. The Services are solely directed to individuals residing in the United States. We make no representation that the Services or any content on the Site are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of the Services is further subject to United States export controls. The Services may not be used (a) in (or by a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (b) by anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

  10. TERMINATION
    You agree that ApproveMail may, under certain circumstances and without prior notice, immediately terminate your ApproveMail account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to: failure to pay membership fees; breaches or violations of the TOS or other incorporated agreements or guidelines; requests by law enforcement or other government agencies; discontinuance or material modification to the Service (or any part thereof), and unexpected technical or security issues or problems. Termination of your ApproveMail account includes: removal of access to the Service; deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and barring you from further use of the Services. Further, you agree that all terminations shall be made in ApproveMail's sole discretion and that ApproveMail shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Services, or loss of any data, files, or anything related thereto. If ApproveMail terminates your account for any violation of the TOS, you will not be entitled to any refund or reimbursement of any registration fee(s) that you may have paid, regardless of the reason for any such termination.

  11. CANCELLATION
    You may cancel this Agreement and your ApproveMail account upon written notice to us at any time. To do so you must first submit the cancellation request form located at http://www.approvemail.com/cancel.php. After submitting this form, a confirmation email will be sent to your ApproveMail account email address. To complete your cancellation, you MUST click the confirmation link in the email and receive an on-screen Cancellation Confirmation Code. If you do not click the cancellation link in the email and receive an on-screen Cancellation Confirmation Code, your account WILL NOT be cancelled. You will remain subject to all Terms and Conditions, including auto-recurring membership fees, until you have confirmed cancellation of your account in this manner. Subject to the preceeding and all other applicable Terms and Conditions: If your account is not cancelled in accordance with this section of the TOS, you will be auto-billed on a recurring basis for your membership at the then-applicable rate, at intervals equal to the period you selected when registering for your account, or at your current membership period if you have changed your membership level. You may change your selected membership level from within your Approvemail interface by selecting the Options menu and following the instructions found there for doing so.

  12. REFUNDS
    No charges will be made to your credit card if you cancel your account during the Free Trial Period. No refunds are made on accounts cancelled after the Free Trial Period ends. The purpose of the Free Trial is to allow members ample opportunity to evaluate the service and determine if the service meets the members's needs, and to cancel the service if it does not. An account cancelled after the Free Trial Period will remain active until the end of the current membership period. Please see the "CANCELLATION" section of the TOS.

  13. ACCOUNT DISPUTES AND UNACCEPTABILITY OF CHARGEBACKS
    If you have a question about charges made to your account, please contact ApproveMail immediately. You may request that ApproveMail refund charges made to your charge, credit or debit cards. ApproveMail will review such request and respond within five (5) business days. However, you acknowledge and agree that chargebacks requested through your issuing bank are an UNACCEPTABLE charge dispute resolution method. If you dispute the credit card charge that ApproveMail charges for its services, ApproveMail reserves the right to suspend your account as soon as ApproveMail is informed of it. You agree to immediately pay to ApproveMail any chargebacks of amounts originally charged to your charge, credit or debit cards, as well as for fees incurred by ApproveMail for such chargebacks. Your responsibility for chargebacks and related fees will continue even if you have received the funds, and/or closed your account. Any chargeback fees, past due fees and costs will be sent to collections. If ApproveMail's collection efforts fail, unpaid debts may be reported to your state of residence, all available credit reporting agencies and Internet fraud databases.

    You agree and acknowledge that the Free Trial period shall constitute ample and sufficient time for you to evaluate the Site as to whether it meets your needs and requirements, and whether the Site functions to your satisfaction and in accordance with any and all claims made on the Site. Further, you agree and acknowledge that your sole course of action should the site not meet your needs and requirements, and/or the site does not function to your satisfaction or in accordance with claims made on the site, shall be the cancellation of your account in accordance with the CANCELLATION section of these TOS. Lack of such cancellation, whether during a Free Trial period or regular membership period, indicates your acknowlegement that the Site does meet your needs and requirements, and that the Site does function to your satisfaction and in accordance with any and all claims made on the Site.

  14. APPROVEMAIL’S PROPRIETARY RIGHTS, TRADEMARKS, AND COPYRIGHTS
    You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. The trademarks, logos, and service marks displayed on the Site and used in connection with the Services are the registered and unregistered trademarks and service marks of ApproveMail.

  15. INDEMNITY
    You agree to indemnify, defend and hold ApproveMail.com and its parent company system9, LLC, its affiliates, advertisers and sponsors, partners, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from your breach of the TOS, including any violation of MEMBER CONDUCT (Section 4) or your activities in connection with the Services.

  16. DISCLAIMER OF WARRANTIES
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
    YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPROVEMAIL AND ITS AFFILIATES, ADVERTISERS, SPONSORS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. APPROVEMAIL MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. FURTHER, WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO APPROVEMAIL.COM OR ANY SERVICES. OPERATION OF THE WEBSITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. APPROVEMAIL ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONAL SETTINGS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APPROVEMAIL OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

  17. LIMITATION OF LIABILITY
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT APPROVEMAIL NOR ANY OF OUR AFFILIATES, ADVERTISERS OR SPONSORS, NOR OUR PARTNERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, SHALL BE RESPONSIBLE OR LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF APPROVEMAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

    Copyright © 2009 system9, LLC ABN ApproveMail.com