myTrashMail.com Terms
BY USING THIS SERVICE YOU INDICATE YOUR ACCEPTANCE OF
THE TERMS OF USE SET OUT HEREIN
MEMBER ACCOUNT, PASSWORD, AND SECURITY
myTrashMail will not be liable for any loss that you may incur as a result of someone
else using your password or account, either with or without your knowledge. However,
you could be held liable for losses incurred by myTrashMail or another party due
to someone else using your account or password. You may not use anyone else's account
at any time, without the permission of the account holder.
MODIFICATION OF THESE TERMS OF USE
myTrashMail reserves the right to change the terms, conditions, and notices, including
but not limited to the charges associated with the use of the myTrashMail Sites/Services.
You are responsible for regularly reviewing these terms and conditions and additional
terms posted on particular websites. Your continued use of the myTrashMail Sites/Services
constitutes your agreement with myTrashMail to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the myTrashMail Sites/Services are for your personal
and non-commercial use. You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, transfer, or
sell any information, software, products or services obtained from the myTrashMail
Sites/Services. Without the advance express written permission of TrashMail, you
may not use the myTrashMail Sites/Services in any commercial manner.
LINKS TO THIRD PARTY SITES
The myTrashMailSites/Services may contain links to third party Web sites ("Linked
Sites"). The Linked Sites are not under the control of myTrashMai land myTrashMail
is not responsible for the contents of any Linked Site. The inclusion of any link
does not imply endorsement by myTrashMail of the site or any association with its
operators.
Any dealings with third parties, including the delivery of and the payment for goods
and services, and any other terms, conditions, warranties or representations associated
with such dealings or promotions, are solely between you and the third party. myTrashMailshall
is not be responsible or liable for any part of any such dealings.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the myTrashMail Sites/Services, you will not use the
myTrashMail Sites/Services for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use the myTrashMail
Sites/Services in any manner that could damage, disable, overburden, or impair any
myTrashMail Site/Service(s) (or the network(s) connected to any myTrashMail Site/Service(s))
or interfere with any other party's use and enjoyment of any myTrashMail Site/Service(s).
You may not attempt to gain unauthorized access to any myTrashMail Site/Service,
other accounts, computer systems or networks connected to any myTrashMail Site/Service.
You may not obtain or attempt to obtain any materials or information through any
means not intentionally made available through the myTrashMail Sites/Services.
USE OF SERVICES
The myTrashMail Sites/Services contain e-mail services designed to enable you to
communicate with others (collectively, "Communication Services"). You agree to use
the Communication Services only to post, send and receive messages and material
that are proper. By way of example, and not as a limitation, you agree that when
using a Communication Service, you will not:
EUse the Communication Service in connection with surveys, contests, pyramid schemes,
chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial
or otherwise).
EDefame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
EPublish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
obscene, indecent or unlawful topic, name, material or information.
EPublish, post, upload, distribute or disseminate any topic, name, material or information
that incites discrimination, hate or violence towards one person or a group because
of their belonging to a race, a religion or a nation, or that insults the victims
of crimes against humanity by contesting the existence of those crimes
EUpload, or otherwise make available, files that contain images, photographs, software
or other material protected by (i) intellectual property laws, including, by way
of example, and not as a limitation, copyright or trademark laws or (ii) by rights
of privacy or publicity, if any unless you own or control the rights thereto or
have received all necessary consents to do the same.
EUse any material or information, including images or photographs, which is made
available through the myTrashMail Sites/Services in any manner that infringes
any copyright, trademark, patent, trade secret, or other proprietary right of any
party.
EUpload files that contain viruses, Trojan horses, worms, time bombs, cancelbots,
corrupted files, or any other similar software or programs that may damage the operation
of another's computer or property of another.
EAdvertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
EDownload any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
EFalsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded.
ERestrict or inhibit any other user from using and enjoying the Communication Services.
EViolate any applicable laws or regulations.
EUse, download or otherwise copy, or provide (whether or not for a fee) to a
person or entity any directory of users of an myTrashMail Site/Service(s) or other
user or usage information or any portion thereof.
myTrashMail has no obligation to monitor the Communication Services. However,
myTrashMail reserves the right to review materials posted to a Communication Service
and to remove any materials in its sole discretion. myTrashMail reserves the right
to terminate your access to any or all of the Communication Services at any time,
without notice, for any reason whatsoever.
myTrashMail reserves the right at all times to disclose any information as myTrashMail
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 myTrashMail's sole discretion.
myTrashMail does not control or endorse the content, messages or information
found in any Communication Service and, therefore, myTrashMail specifically
disclaims any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination, you are responsible for adhering to
such limitations if you download the materials.
You agree that myTrashMail may establish limits concerning use of any myTrashMail
Service offered on an myTrashMail Web Site, including without limitation the maximum
number of days that e-mail messages will be retained by any myTrashMail Service,
the maximum number of e-mail messages that may be sent from or received by an account
on any myTrashMail Service, the maximum size of an e-mail message that may be sent
from or received by an account on any myTrashMail Service, the maximum disk space
that will be allotted on myTrashMail's servers on your behalf, and the maximum number
of times and duration you may access any myTrashMail Service in a given period of
time.
You agree that myTrashMail has no responsibility or liability for the deletion,
corruption or failure to store any messages or other content maintained or transmitted
by any myTrashMail Service. You acknowledge that myTrashMail reserves the right
to log off accounts that are inactive for an extended period of time without notice.
MATERIALS PROVIDED TO myTrashMail OR POSTED AT ANY myTrashMail
WEB SITE
myTrashMail does not claim ownership of the materials you provide to myTrashMail
(including feedback and suggestions) or post, upload, input or submit to any myTrashMail
Site/Service or its associated services for review by the general public, or by
the members of any public or private community, (each a "Submission" and collectively
"Submissions"). However, by posting, uploading, inputting, providing or submitting
("Posting") your Submission you are granting myTrashMail (i) permission to use your
Submission in connection with the operation of Internet businesses (including, without
limitation, all myTrashMail Site/Services) (ii) the license rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; to publish your name in connection with your Submission; (iii)
and the right to sublicense such rights to any supplier of a myTrashMail Site/Service.
No compensation will be paid with respect to the use of your Submission, as provided
herein. myTrashMail is under no obligation to post or use any Submission you may
provide and myTrashMail may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control
all of the rights to your Submission as described in these Terms of Use including,
without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
This section is inapplicable to any personally identifiable information that
you provide in connection with your use of the myTrashMail Sites/Services. For terms
and conditions governing the use of such information please refer to the Privacy
Policy.
CONTENT AVAILABLE THROUGH THE myTrashMail SITES/SERVICES
All content (if any) that is made available to view and/or download in connection
with the myTrashMail Sites/Services, excluding content and/or software that may
be made available by end-users through a Communication Service, is owned by and
is the copyrighted work of myTrashMail and/or its suppliers and is protected by
copyright laws and international treaty provisions.
Any reproduction or redistribution of the content is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will be prosecuted
to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION
OF THE CONTENT AND/OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
REFUNDS
By Law you are entitled to a full refund for any service paid for on the PRANK
MAIL Sites/Services during a 7 (seven) day cooling off period after the payment
was made or until the service is used, whichever comes first. The service provided
is deemed used when the first email is sent after the payment was made. Recurring
(subscription) payments are a continuation
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE myTrashMail SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY MADE TO THE myTrashMail SITES/SERVICES AND TO THE INFORMATION
THEREIN. myTrashMail AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE myTrashMail SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE myTrashMail
SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE
TAILORED TO YOUR SITUATION.
myTrashMail AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED WITHIN THE myTrashMail SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW. myTrashMail
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER
TERMS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF SATISFACTORY
QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT,
TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT myTrashMail 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 A
myTrashMail SITE/SERVICE. YOU SPECIFICALLY AGREE THAT myTrashMail 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 myTrashMail IS NOT RESPONSIBLE
FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A myTrashMail SITE/SERVICE BY ANY
THIRD PARTY.
TO THE FULLEST EXTENT PERMITTED BY LAW IN NO EVENT SHALL myTrashMail 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 REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE myTrashMail SITES/SERVICES, WITH THE DELAY OR INABILITY
TO USE THE myTrashMail SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE myTrashMail SITES/SERVICES, OR OTHERWISE ARISING OUT
OF THE USE OF THE PRANK MAIL SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF myTrashMail 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 myTrashMail SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, TO THE FULLEST
EXTENT PERMISSIBLE BY ENGLISH LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE myTrashMail SITES/SERVICES. THE LIMITATIONS ON AND EXCLUSIONS OF LIABILITY
FOR DAMAGES IN THIS AGREEMENT APPLY REGARDLESS OF WHETHER THE LIABILITY IS BASED
ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF
WARRANTIES, OR ANY OTHER LEGAL THEORY.
STORAGE SPACE AND OTHER LIMITATIONS.
myTrashMail MAKES NO WARRANTY THAT ANY myTrashMail SERVICE WILL BE UNINTERRUPTED,
TIMELY SECURE OR ERROR-FREE.
SERVICE CONTACT:
mtcontactXXXturutu.com
TERMINATION/ACCESS RESTRICTION
myTrashMail reserves the right, in its sole discretion, to terminate your access
to any or all myTrashMail Sites/Services and the related services or any portion
thereof at any time, without notice.
myTrashMail shall have no obligation to maintain any content or to forward any
unread or unsent messages to you or any third party.
GENERAL
This agreement is governed by the laws of Japan. You hereby irrevocably consent
to the exclusive jurisdiction and venue of the Japanese courts. in all disputes
arising out of or relating to the use of the myTrashMail Sites/Services. You agree
that no joint venture, partnership, employment, or agency relationship exists between
you and myTrashMail as a result of this agreement or use of the myTrashMail Sites/Services.
You agree to indemnify and hold myTrashMail, its parents, subsidiaries, affiliates,
officers and employees, harmless from any claim, demand, or damage, including reasonable
legal fees on a solicitor-client basis, asserted by any third party due to or arising
out of your use of or conduct on the myTrashMail Sites/Services. 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. myTrashMail
will not be liable to you for any breach of these Terms of Use, which arise because
of any circumstances that myTrashMail cannot reasonably be expected to control.
Unless otherwise specified herein, this agreement constitutes the entire agreement
between the user and myTrashMail with respect to the myTrashMail Sites/Services.