Aspida Terms of Service
By becoming a registered use of Aspida.us you agree to the following Terms of Service. Please read them carefully.
I. Acknowledgement and Acceptance of Terms of Service
The Aspida service (the “Service”), owned by Aspida, LLC. (“Aspida”) and operated on Aspida’s behalf, is provided to you (“User” or “you”) under the terms and conditions of this Aspida Terms of Service and any amendments thereto and any operating rules or policies (the “TOS”) that may be published from time to time by Aspida. The TOS comprises the entire agreement between User and Aspida and supersedes any prior agreements pertaining to the subject matter contained herein. By completing the registration process and selecting the “I have read and agreed to the terms of service” box, you are agreeing to be bound by the TOS.
II. Description of Service
Aspida is providing User with capability to send and receive electronic mail and attachments via the World Wide Web on Aspida’s system (or providing the ability for systems to communicate and send files to one another). User must: (a) provide for User’s own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for User to make such connection to the World Wide Web, including a computer and modem.
III. User’s Registration Obligations
In consideration for the use of the Service, User agrees to: (a) provide true, accurate, current and complete information about User as prompted by the Registration Form, and (b) maintain and update this information to keep it true, accurate, current and complete. This information about User shall be referred to as “Registration Data.” If any information provided by User is untrue, inaccurate, not current or incomplete, Aspida has the right to terminate User’s account and refuse User any and all current or future use of the Service.
IV. Term and Payment
The term of this agreement is monthly unless the client chose to pay otherwise. The total amount for the services selected in the internet shopping cart are payable in advance of the start of service, and are charged appropriately thereafter. Aspida will automatically charge the monthly and other fees to the user’s credit card each month or term selected by user. The user will be provided a user name and password to login to the My Account area to manage billing services.
All fees shall be due from the User in advance and shall be received by Aspida prior to the “Due Date” for the preceding month of service. Not receiving an invoice from Aspida prior to Due Date is not grounds for delay of payment. This document and/or billing website will suffice as an invoice for the term of this agreement. If payment is not received by Due Date, Aspida, may at its sole discretion, disconnect services to the User without prior notice and without any liability to Aspida.
In the event that User pays the monthly charges after the disconnect event, and Aspida agrees to reconnect service to the User, there shall be a re-connection fee, thirty (30) days AFTER the Due Date. If payment is not received on the sixtieth (60) day AFTER the Due Date, Aspida will permanently close and delete the User’s account including all data stored on our servers. After the disconnection event for any reason, User is still required to pay service fees equal to the rate specified by the normal monthly rate or prepaid term.
If the user decides to terminate the service, termination will be effective at the end of the subsequent monthly billing period following the receipt of User’s written termination notice. Users will have access to their data to archive and retain during this time. If they want Aspida to retrieve and send their data to them a fee will be associated with the service.
V. Use of Registration Data
User agrees that Aspida or its designee may disclose Registration Data to third parties about User and information about User’s use of the Service provided that such disclosures do not include User’s name, mailing address, email address, telephone or facsimile number, or account number, except as authorized (by User or User’s representative) or as required by law or legal process, or as set forth in Paragraph VII below.
VI. Modifications to Terms of Service
Aspida may change the TOS from time to time. User will be notified of any such amendments by service notification. If User does not accept the new TOS, User will no longer have access to the Service.
VII. Modifications to Service
Aspida reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to the User. User agrees that Aspida shall not be liable to User or any third party for any modification or discontinuance of the Service, or for the failure to store or make accessible any email messages in the event of any modification or discontinuance of the Service.
Aspida considers email transmitted via the Service to be the private correspondence between the sender and the recipient. Aspida will not monitor, edit or disclose the contents of a User’s private communications, except that User agrees Aspida may do so: (a) as required by law; (b) to comply with legal process; (c) if necessary to enforce the TOS; (d) to respond to claims that such contents violate the rights of third parties; or (e) to protect the rights or property of Aspida, or others.
User acknowledges and agrees that Aspida does not endorse the content of any User communications and is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe upon the intellectual property or other rights of another.
IX. User Account, Password and Security; Unauthorized Use
User will receive a password and account designation upon completing the registration process. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities which occur under User’s password or account. If User knows or has reason to believe that any third party has access to User’s password without authorization, User agrees to notify Aspida immediately at email@example.com of any actual or suspected unauthorized user of User’s password or account or any other breach of security.
X. User Conduct
User agrees to abide by all applicable local, state, national, and international laws and regulations in User’s use of the Service, and agrees not to interfere with the use and enjoyment of the Service by other Users. User agrees to be solely responsible for the contents of User’s transmissions through the Service.
User agrees (a) not to use the Service for illegal purposes; (b) not to interfere with or disrupt the Service or servers or networks connected to the Service; (c) to comply with all requirements, procedures, policies and regulations of networks connected to the Service; and (d) to comply with all applicable laws regarding the transmission of technical data exported from the United States.
User agrees not to transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. User agrees not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another. User agrees not to transmit any material that violates any applicable local, state, national, or international law or regulation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Service. Finally, User agrees not to transmit “junk mail,” “spam,” “chain letters,” or unsolicited mass distribution of email.
User agrees to indemnify and hold Aspida, and its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User’s use of the Service, User’s connection to the Service, User’s violation of the TOS, or User’s violation of any rights of another.
XII. No Resale or Other Commercially Distribution of the Service
User agrees not to resell or otherwise to distribute commercially the Service, including its use of or access to the Service.
XIII. Email Storage and Archiving
Aspida may establish default criteria that govern size and retention period of message storage for User. Aspida assumes no responsibility for any deletion or failure to store email messages (by User, Aspida or any third party).
User agrees that Aspida may terminate User’s password, account or use of the Service at any time upon thirty days written notice to User. User agrees that Aspida may terminate User’s password, account or use of the Service without prior notice if Aspida believes (a) that User has violated or acted inconsistently with the letter or spirit of the TOS, or (b) that User has violated the rights of Aspida or other Users or parties. User acknowledges and agrees that, upon termination, Aspida may immediately delete email files in User’s account and bar any further access to such files or the Service.
XV. Dealings with Advertisers
User’s correspondence with or participation in promotions of Advertisers and/or sponsors (“Advertisers”) found on the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User and such Advertiser. User agrees not to hold Aspida liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such Advertisers on the Service.
The Service may provide, or Users may include in email, links to other Web sites or resources. User acknowledges and agrees that Aspida is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. User agrees that Aspida 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 use of or reliance on any such content, goods or services available on such external sites or resources.
XVII. Aspida’s Proprietary Rights
User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information present to User through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. User acknowledges and agrees that (i) User is permitted to use this material and information only as expressly authorized by Aspida or Advertisers, and (ii) User may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without the written authorization of Aspida, the Advertisers or the owner(s) of such materials, as applicable.
XVIII. Disclaimer of Warranties
User expressly agrees that use of the service is at User’s sole risk. The Service is provided on an “as is” and “as available” basis.
Aspida 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.
Aspida makes no warranty that the service will meet user’s requirements, that the service will be uninterrupted, timely, secure, or error free; nor does Aspida make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service, or that defects in the Service will be corrected.
User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of or from the Service is done at User’s own discretion and risk and that User will be solely responsible for any damage to User’s computer system or loss of data that results from the download of such material and/or data.
Aspida makes no warranty regarding any goods or services purchased or obtained through or from the Service or any transactions entered into through the Service.
No advice or information, whether oral or written, obtained by User from Aspida or from the Service shall create any warranty by Aspida whatsoever.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusion may not apply to you.
XIX. Limitation of Liability
User agrees that Aspida shall not be liable for any direct, indirect, incidental, special, punitive, exemplary or consequential damages, resulting from the use or the inability to use the Service or for cost of procurement of substitute services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the service or resulting from unauthorized access to or alteration of User’s registration information, transmissions or other data, including but not limited to: damages for loss of profits, use, data or other intangibles, even if Aspida has been advised of the possibility of such damages.
User further agrees that Aspida shall not be liable for any damages arising from the interruption, suspension or termination of the Service, consequential, punitive or exemplary damages, whether or not such interruption, suspension or termination was justified, negligent or intentional, inadvertent or advertent.
If, notwithstanding the provisions of this paragraph XIX, Aspida is found liable for loss, damage or injury under any legal theory due to failure of the Service, its liability shall be limited to a sum equal to ten (10) percent of the total of the monthly charge to User for the Service or One Thousand Dollars ($1,000.00), whichever is greater, as agreed upon damages and not as a penalty. This shall be User’s sole remedy, because it is impractical and extremely difficult to determine the actual damages, if any, which may result from Aspida’s failure to perform any of its obligations under the TOS.
Some jurisdictions do not allow the limitation or exclusions of liability for incidental or consequential damages so some of the above limitations may not apply to you.
Any notice to User under this agreement shall be made via either email or regular mail, in the sole discretion of Aspida. Aspida may also provide notices of changes to the TOS or other matters by displaying notices to Users generally on the Service.
The TOS and the relationship between User and Aspida shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. User agrees to submit to the personal and exclusive jurisdiction of the courts located within the state of North Carolina.
The failure of Aspida to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect.
User agrees to regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or to the TOS must be filed within one (1) year after such claim or cause of action arose, or shall be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect. These TOS (with any applicable registration forms), such may be amended from time to time, constitute the entire agreement between you and Aspida.