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By using HulloMail's service ("The Service"),
you ("you") agree to the following
Terms and Conditions.
1. Acknowledgement
& Acceptance of Terms of Service
1.1The Service is owned and operated by HulloMail
Limited, and is provided to you under the 'Terms
& Conditions' herein. HulloMail Limited
may at any time modify the 'Terms & Conditions'
without any prior notice. Any such changes will
be displayed on the HulloMail Limited website
at URL www.HulloMail.com, or any subsequent
URL as HulloMail Limited may determine. Your
continued use of the service (as defined below)
thereafter will constitute acceptance of such
changes. The 'Terms & Conditions' and your
registration information are the complete 'Terms
& Conditions' between you and HulloMail
Limited regarding this Service, and supersede
any other prior 'Terms & Conditions' or
communications between HulloMail Limited and
you.
1.2The Service replaces your existing voicemail
service and the set up procedure will involve
setting up conditional call forwarding on your
telephone.
2. HulloMail
Charges
2.1HulloMail does not charge for the standard
HulloMail service. HulloMail intends to generate
revenue through advertising and premium services.
3. Potential
Mobile Operator Charges
HulloMail is configured on the public telephone
network to minimise any charges from your mobile
operator.
When you are in the UK, calls made to you that
are diverted to HulloMail and calls you make
to HulloMail should be covered within your monthly
minute allowance package, but please confirm
this with your mobile operator. If you keep
within your general minute allowance you should
not see any additional charges. If you exceed
your minute allowance then charges are according
to your plan.
If you are on T-Mobile, Diverts maybe excluded
from your allowance and charges are dependent
on your individual package, so please call customer
services.
If you download and play a message via your
mobile email client or mobile web you may receive
a data charge if youve exceeded your data
allowance.
When roaming abroad we recommend retrieving
messages on line whenever convenient.
4. Your Obligations
4.1 You agree you will not use the Service for
any illegal purpose, or for the transmission
of information that is libellous, unlawful,
harassing, abusive, threatening, abusive of
another's privacy, harmful, vulgar, defamatory,
obscene, pornographic, or in anyway that may
infringe the laws governing, but not exhaustively
covering, copyright, intellectual property rights,
trademarks, pornography, or any other material
that is slanderous, defamatory or might cause
offence in any way.
4.2 Your Conduct. The user agrees that they
will not use the Service in such a manner that
is inconsistent with these Terms & Conditions
or engage in any action that might be considered
system abuse in the opinion of HulloMail Limited,
including but not limited to: All messages are
the sole responsibility of the person from whom
such messages originated. We cannot be held
responsible for the messages or any other activities
conducted through your Account.. Accordingly,
you agree that you, and not HulloMail, are solely
responsible and liable for all activities conducted
through your Account.
4.4 Your Set-up Obligations. To use the Service
You must be registered with the HulloMail Limited
Service.
4.5 Your Account, PIN Number, Password &
Security. You agree to provide true, accurate,
correct and complete information and accept
responsibility of maintaining changes to such
information. You agree not to impersonate any
other person or entity or to use a false name
or a name that You are not authorised to use.
HulloMail Limited reserves the right to decline
any application to register in its sole discretion.
If You are accepted, You will receive from HulloMail
Limited An account number and password. HulloMail
Limited reserves the right to terminate Your
account if any information provided by You in
the registration process is untrue, inaccurate
or out-of-date. When using the service You have
sole responsibility for maintaining the security
and confidentiality of all passwords, User names,
PIN numbers or security access codes. You accept
total responsibility for these codes and for
any consequence of these codes being divulged.
4.6 Your email provider
You are responsible for the management of your
email account. In the event your mail quota
is approaching full capacity we will endeavour
to warn you. In the event we cannot send or
deposit your message we will attempt for a maximum
period of 30 days after which the message will
be destroyed.
5. Privacy
& Security
5.1 HulloMail Limited considers any messages
sent via the Service to be private correspondence
between the sender and recipient. HulloMail
Limited shall not edit, or disclose the contents
of any communication, except that You agree,
HulloMail Limited may do so: (a) as required
by law (b) to comply with legal process (c)
to conform to the limitations of the Service,
or (d) to conform to other, similar technical
requirements. You acknowledge and agree that
HulloMail Limited does not endorse the content
of Your communications, and cannot be held responsible
for any communications accessed, distributed
or received by the user via the Service. HulloMail
Limited is not responsible or liable for any
unlawful, harassing, libellous, privacy invading,
abusive, threatening, harmful, vulgar, obscene
or otherwise objectionable material, or content
that infringes or may infringe the intellectual
property or rights of another. HulloMail Limited
reserves the right to send e-mail to its Users
concerning HulloMail Limited products, which
HulloMail Limited deems, may be of interest
to them. HulloMail Limited is registered with
the Data Protection Registrar. All personal
information will be kept confidential and not
passed on to third parties without The user's
consent, unless HulloMail Limited is required
to provide such information by law or is requested
to do so by any regulatory or governmental authority.
HulloMail Limited may disclose information about
the user and the user's use of the service to
advertisers or third parties, but such information
will not include the user's name, mailing addresses,
electronic address, telephone, facsimile number,
user name or password.
6. Proprietory
Rights & Data Protection
6.1 You acknowledge and agree that HulloMail
Limited owns all rights, title and interest
in the Service and the HulloMail website (the
"Intellectual Property Rights"). All
Intellectual Property Rights, together with
any trade marks belonging to sponsors or advertisers
shall not be copied, altered, reproduced etc.
without prior consent. You obtain no rights
under this 'Terms & Conditions' in relation
to the Intellectual Property Rights.
7. Disclaimer
of Warranties
7.1 You expressly agree to use the Service at
your sole risk. Except as set out in these 'Terms
& Conditions', HulloMail Limited excludes
all conditions, terms, representations (other
than fraudulent or negligent representations)
and warranties relating to these 'Terms &
Conditions', whether imposed by statute or by
operation of law or otherwise, that are not
expressly stated herein, including without limitation,
the implied warranties of satisfactory quality
and fitness for a particular purpose. HulloMail
Limited does not represent or warrant that the
Services will meet your requirements, or that
the Services 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.
HulloMail Limited 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.
7.2 You understand and agree that any material
and/or data downloaded or otherwise obtained
through the use of this Service is done at your
sole 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 such data or material. No advice
or information, whether oral or written which
was obtained from HulloMail Limited or through
the Service shall create any warranty not expressly
made herein.
7.3 You specifically agree that HulloMail Limited
shall not be responsible for unauthorised access
to or alteration of the user's 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 HulloMail Limited 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 HulloMail Limited
is not responsible for any content sent using
and/or included in the Service by any third
party.
7.4 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.
HulloMail Limited and/or its respective suppliers
may make improvements and/or changes in the
Service at any time.
7.5 HULLOMAIL LIMITED 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. HulloMail Limited 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.
7.6 IN NO EVENT SHALL HULLOMAIL LIMITED 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 HulloMail LIMITED 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 THE USER.
IF THE USER IS DISSATISFIED WITH ANY PORTION
OF THE SERVICE, OR WITH ANY OF THESE TERMS OF
USE, THE USER'S SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THE SERVICE AND ITS RELATED
WEB SITES.
8. Limitation
of Liability
8.1 Subject to any charges actually paid to
HulloMail Limited for the Services, HulloMail
Limited shall not be liable to You under, or
in connection with, these 'Terms & Conditions',
in contract, tort, negligence, pre-contract
or other representations (other than fraudulent
or negligent misrepresentation) or otherwise
for any economic loss (including, without limitation,
loss of revenues, profits, contracts, business
or anticipated savings), any loss of goodwill
or any special indirect or consequential loss
in any case whether or not such losses were
within the contemplation of the parties at the
date the user accepts these 'Terms & Conditions'.
8.2 You agree that HulloMail and Providers
of Telecommunications and network services for
HulloMail Limited will not be liable for any
damages, including without limitation, consequential,
incidental, punitive, direct, or special damages,
arising out of Your use of or inability to use
HulloMail software or Services, or the goods
or services of other members provide or the
actions or inaction of such other members and
the user hereby waives any claims with respect
thereto, whether based on contract, tort or
other grounds, even if HulloMail Limited has
been advised of the possibility of damages.
Some jurisdictions do not allow implied warranties
to be excluded or modified or liability to be
limited, so not all of the above limitations
may apply to You.
9. Indemnity
9.1 You agree to indemnify and hold harmless
HulloMail Limited and it's subsidiaries, affiliates,
officers and employees from any claim or demand,
including any made by a third party, arising
out of the user's use of the Service or any
interference with the Intellectual Property
Rights. You agree not to hold HulloMail Limited
and its parent, subsidiaries, affiliates, officers
and employees responsible for any direct or
indirect damage resulting from the use of the
Service, in particular, but not limited to;
the use or impossibility to use the Service,
confidence in information obtained through the
Service, errors and omissions, defects, viruses,
delays in transmission, interruption of Service
or loss of data. Further HulloMail Limited disclaims,
and You agree, any responsibility for the performance
of its messaging, or telephone Services, and
any other Internet sites accessible through
the HulloMail Limited Service.
10. Termination
10.1 HulloMail Limited 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.
10.2 HulloMail Limited 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 HulloMail Limited. Upon termination of the
Service, Your right to use the Service immediately
ceases.
10.3 If You wish to terminate your account
please go to www.HulloMail.com and follow the
instructions
10.4 HulloMail Limited shall have no obligation
to maintain any content in your account
10.5 You acknowledge that any termination of
an account or Services under any provision of
these 'Terms & Conditions' may be affected
without prior notice, and that your entitlement
to use the Service ceases immediately. HulloMail
Limited may then immediately bar access to your
account.
11. NO Spam;
Damages
11.1 HulloMail Limited 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 e-mail In addition, because damages are
often difficult to quantify, if actual damages
cannot be reasonably calculated then the user
agrees to pay HulloMail Limited liquidated damages
of £5 for each piece of Spam or unsolicited
bulk voicemail transmitted from or otherwise
connected with your account, otherwise you agree
to pay HulloMail Limited's actual damages, to
the extent such actual damages can be reasonably
calculated.
12. Links to
Third Party Sites
12.1 The Service may provide links to other
Internet, sites, resources or Services. You
acknowledge that HulloMail Limited is not responsible
for any such external links. You agree that
HulloMail Limited shall not be responsible or
liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or
in connection with the use or reliance on any
such content, goods or Services available of
such external sites or resources.
13. No Resale
of Service
13.1 You agree not to resell, assign, transfer,
charge or deal in any other manner with its
rights hereunder or part thereof the Service
offered by HulloMail Limited, without HulloMail
Limited's express permission in writing.
14. Modifications
to terms of Service, Member Policies
14.1 HulloMail Limited reserves the right to
change this 'Terms & Conditions' or its
policies regarding the use of the Service at
any time and to notify You by posting an updated
version of the 'Terms & Conditions' on this
Web site. The user is responsible for regularly
reviewing the 'Terms & Conditions'. Continued
use of the Service after any such changes shall
constitute your consent to such changes.
15. General
15.1 These 'Terms & Conditions' will be
governed and construed in English law and You
hereby submit to the exclusive jurisdiction
of the English Courts.
15.2 If any of the provisions of these 'Terms
& Conditions' is held to be invalid or unenforceable,
such provision shall, at HulloMail Limited's
discretion, be struck and the remaining provisions
shall be enforced.
15.3 You may not assign or transfer all or
any part of its rights and/or obligations under
this 'Terms & Conditions'. HulloMail Limited
may at any time assign all or any part of its
rights hereunder without consent from You, provided
that HulloMail Limited gives You prior notice
thereof.
15.4 This 'Terms & Conditions' constitutes
the entire 'Terms & Conditions' between
HulloMail Limited and You with respect to your
use of the Service and it supersedes all prior
or contemporaneous communications and proposals,
whether oral or written, between HulloMail Limited
and You with respect thereto.
15.5 The benefit of each indemnity hereunder
shall survive the termination or expiration
of this 'Terms & Conditions'.
15.6 Neither party shall be liable nor deemed
to be in default for any delay or failure in
performance under this 'Terms & Conditions'
resulting, directly or indirectly, from acts
of God, civil or military authority, acts of
public enemy, war, accidents, fires, explosions,
earthquakes, floods, failures of transportation
or telecommunications, machinery or suppliers,
vandalism, or any similar cause beyond the reasonable
control of either party.
© 2008 HulloMail Limited. All rights reserved.
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