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MeekaMail provides businesses and organizations
a variety of tools and resources to collect visitor email addresses and
to create, launch, track and manage online email campaigns
(“Services”). The services may not be used for the sending of
unsolicited email (sometimes called "spam"). Please read the Anti-Spam Policy.
The following are the terms and conditions for use of the Services. By checking the box 'I accept these terms and conditions' on the sign-up page, the billing form or by logging in to MeekaMail, you accept these terms and conditions.
1. Acknowledgements. Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:
- MeekaMail may not be used for the sending of unsolicited email (sometimes called "spam").
- MeekaMail may only be used for lawful purposes.
- The Services will be subject to monthly subscription fees ("Paid Services").
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MeekaMail will not use your customer list/subscriber list or any other
customer information for any other purposes than those intended with
the Service.
- You agree you will
not access or otherwise use third party mailing lists in connection
with preparing or distributing unsolicited email.
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You agree to import, access or otherwise use only permission-based
lists (note: purchased lists may not be used) in connection with your
use of the Services.
- Every
email message sent in connection with the Services must contain the
MeekaMail"unsubscribe" link that allows subscribers to remove
themselves from your mailing list.
- You agree to process unsubscribe requests within a 10 day timeframe
- You will adopt and maintain the Email Privacy Policy, which may be modified by MeekaMail from time to time.
- MeekaMail contracts with third parties in order to provide Services (“Related Parties”).
2. Access to the Site, Services and Support
2.1 MeekaMail makes no guarantees as to the continuous availability of
MeekaMail (“Site”) or the Services or of any specific features thereof.
MeekaMail reserves the right to change the Site or Services offered or
the terms and conditions of this agreement without notice. We reserve
the right to modify, suspend or terminate access to the service on our
system at any time for any reason without notice or refund, including
the right to require you to change your login identification code or
password. MeekaMail also reserve the right to delete all programs and
data files associated with your account and/or other information you
have on our system.
2.2 The Service
is not available to children under the age of 13. If you are under the
age of 13, under no circumstances should you send us any personally
identifying information (e.g. your name, phone number, e-mail address,
etc.), attempt to register with the Service or otherwise utilize the
Service. If parents believe their child (any age under 18) has accessed
our Service without their permission, they can contact us.
2.3 The Services are provided subject to this Agreement, as it may be
amended by MeekaMail, and any guidelines, rules or operating policies
that MeekaMail may establish and post from time to time (the
"Agreement"), including without limitation MeekaMail’s Email Privacy Policy,
as linked from all email generated from MeekaMail or otherwise
furnished to you (the "Policy") (unless otherwise stated, all
references to the Agreement shall include the Policy). By posting
updated versions of the Agreement on the meekamail.com website, or
otherwise providing notice to you, MeekaMail may modify the terms of
the Agreement and may discontinue or revise any or all other aspects of
the Services in its sole discretion. All such changes shall become
effective upon posting of the revised Agreement on the Service or at
MeekaMail's website.
2.4 The
Services are available only to persons who can form legally binding
contracts under applicable law. Without limiting the foregoing, the
Services are not available to individuals under the age of 18. If you
do not qualify, you are not permitted to use the Services.
2.5 You must complete the registration form on the Sign Up page or
complete the Billing Form emailed to you in order to use the Services.
You will provide true, accurate, current, and complete information
about yourself as requested in the registration form. You are
responsible for maintaining the security of your account, passwords,
and files.
3. Registration Information.
You agree to provide true, accurate and complete registration
information and to maintain, and promptly update your information as
applicable. You agree not to impersonate any person or use a name that
You are not authorized to use. If any information You provide is
untrue, inaccurate, not current, or incomplete, without limiting other
remedies, MeekaMail has the right to terminate your use of the Services
and MeekaMail or its Related Parties have the right to recover from You
any costs or losses incurred as a direct or indirect result of the
inaccurate or incomplete information. You authorize MeekaMail and its
Related Parties to make any inquiries they consider necessary to
validate your registration.
4. Fees and Payment
4.1 Fees will be billed monthly or your pre-paid account will be
debited monthly for Services. Depending your account setup the Fees are
based on either the highest number of subscribers in your account at
any time during the previous month or the amount of emails sent out.
You are responsible for reviewing the Fee Schedule from time to time
and remaining aware of the Fees charged by MeekaMail. The Fee Schedule,
including subscriber levels and prices, is subject to change at any
time in MeekaMail’s discretion.
4.2
Payment for Services will be made by a valid credit card accepted by
MeekaMail. Fees are payable in US dollars. If the monthly payment
option is selected or if you signed up for a pre-pay account that
expired, you hereby authorize MeekaMail to charge your credit card for
such amounts on a regular monthly basis. If MeekaMail is for any reason
unable to effect automatic payment via your credit card, MeekaMail will
attempt to notify you via email and your MeekaMail account will be
disabled until payment is received. Amounts paid for the Services are
not refundable.
4.3 When
applicable, MeekaMail, at its sole discretion, reserves the right to
terminate an account anytime including but not limited to the
following: Receipt of potentially fraudulent or insufficient funds.
4.4 You acknowledge and agree that you are responsible for paying Fees
for all email messages sent through MeekaMail, regardless of whether
delivery of such messages to their intended recipients is prevented or
blocked by any third party.
5. Back Up and Security.
MeekaMail and its Related Parties are dedicated to maintaining your
privacy and security. MeekaMail will adhere to its stated privacy and
security policies ("Privacy Policy")
and at no time shall disclose any of your personal information to any
third party unless a specific demand is made by a lawful court order,
or as otherwise stated in our Privacy Policy.
However, MeekaMail is unable to guarantee that third parties will not
intercept data transmitted over the Internet. As a result, MeekaMail
does not warrant the security of any information you transmit to or
from the Site, and You do so at your own risk.
MeekaMail will not be liable for any loss of data, accounts, revenue or
business arising out of or otherwise related to your use of the Site or
any of the Services. You are solely responsible for maintaining and
backing-up any information regarding the operation or use of
information you are using in connection with the Site or the Services.
All account information is password protected for privacy and security
as set forth in the Privacy Policy, and access to user information is
by User only. Sessions will automatically time-out after an extended
period of inactivity as an additional safeguard. One user is authorized
to access the account at a time.
6. Email & Permission Practices
6.1 Every email message sent in connection with the Services must
contain an "unsubscribe" link that allows subscribers to remove
themselves from your mailing list and a link to the then current Privacy Policy.
Each such link must remain operational for a period of thirty (30) days
after the date on which you send the message, and must be in form and
substance satisfactory to MeekaMail. You acknowledge and agree that you
will not remove, disable or attempt to remove or disable either link.
6.2 You agree to import, access or otherwise use only permission-based
lists (note: purchased lists may not be used; please contact MeekaMail
if you have questions).
6.3 If you
have used the MeekaMail feature that allows you to request a recipient
to confirm that you have his or her permission to send emails to him or
her, and such recipient has not responded or does not respond
affirmatively to such request for confirmation, you agree that you
shall not send emails to that recipient.
6.4 You cannot mail to distribution lists, newsgroups, or spam email
addresses. You cannot copy a MeekaMail template or any other features
or functionality from the Services and use them for any purpose other
than sending emails from the Service.
6.5 You are responsible for monitoring, correcting, processing
unsubscribe requests within 10 days, and updating the email addresses
to which messages are sent through your MeekaMail account.
6.6 Emails that you send through the Service may generate abuse
complaints from recipients. As a matter of privacy, MeekaMail cannot
share with you the email addresses of those who complain about your
email campaign. You are responsible for ensuring that your email
campaigns do not generate a number of abuse complaints in excess of
industry norms. MeekaMail, in its sole discretion, shall determine
whether your level of abuse complaints is within industry norms, and
its determination shall be final, binding and conclusive for all
purposes under this Agreement.
6.7 Images hosted by MeekaMail may only be used in connection with the Service and for no other purpose whatsoever.
6.8 You are responsible for complying at all times with the Prohibited Content and Commerce Section (see section 7).
5.9 MeekaMail, at its own discretion, may immediately disable your
access without refund to the Services if MeekaMail believes in its sole
discretion that you have violated any of the email and permission
practices listed above, or the Prohibited Content and Commerce Section
(see section 7).
7. Restrictions and Responsibilities
7.1 MeekaMail will not use your customer list or any other customer
information for any other purposes than those intended with the
service. Your customer information will not be shared with any other
parties unless required by law.
7.2
This is an Agreement for Services, and you are not granted a license to
any software by this Agreement. You will not, directly or indirectly:
reverse engineer, decompile, disassemble, or otherwise attempt to
discover the source code, object code, or underlying structure, ideas,
or algorithms of, or found at or through the Services or any software,
documentation, or data related to the Services ("Software"); remove any
proprietary notices or labels from the Services or any Software,
modify, translate, or create derivative works based on the Services or
any Software; or copy, distribute, pledge, assign, or otherwise
transfer or encumber rights to the Services or any Software.
7.3 Unless you are an authorized MeekaMail Reseller, you may not
display, copy, reproduce, or distribute the Software, any component
thereof, any documentation provided in connection with the Services or
the Software, or any content, including but not limited to newsletters,
distributed to you by MeekaMail n connection with the Services.
Violation of these restrictions may result in the termination of this
Agreement.
7.4 The Services shall
be used for your internal business (which includes civic or charitable)
purposes only, and you shall not use the Services or any Software for
timesharing or service-bureau purposes or otherwise for the benefit of
a third party. If you are using the Services in any country in the
European Community, the prohibition against modifying, translating,
reverse engineering, decompiling, disassembling or creating derivative
works based on the Services or the Software does not affect your rights
under any legislation implementing the E.C. Council Directive on the
Legal Protection of Computer Programs.
7.5 You acknowledge and agree that the Services and the MeekaMail and
Meeka Designs company names and logos and all related product and
service names, design marks and slogans, are the property of MeekaMail
or its affiliates or suppliers (collectively, the "Marks"). You are not
authorized to use any of the Marks in any advertising, publicity or any
other commercial manner without the prior written consent of MeekaMail.
Your use of the Services confers no title or ownership in the Services,
the Software or the Marks and is not a sale of any rights in the
Services, the Software or the Marks.
7.6 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement, the federal CAN-SPAM Act of 2003
and all other applicable laws (including but not limited to policies
and laws related to spamming, privacy, obscenity, or defamation). You
agree you will not access or otherwise use third-party mailing lists in
connection with preparing or distributing unsolicited email to any
third party. You hereby agree to indemnify and hold harmless MeekaMail
and its business partners, third-party suppliers and providers,
licensors, officers, directors, employees, distributors and agents
against any damages, losses, liabilities, settlements, and expenses
(including without limitation costs and reasonable attorneys' fees) in
connection with any claim or action that arises from an alleged
violation of the foregoing or otherwise arising from or relating to
your use of the Services. In addition, you acknowledge and agree that
MeekaMail has the right to seek damages when you use the Services for
unlawful purposes, in an unlawful manner, and/or in a manner
inconsistent with the terms of this Agreement, and that such damages
may include, without limitation, direct, indirect, special, incidental,
cover, reliance and/or consequential damages. Although MeekaMail has no
obligation to monitor the content provided by you or your use of the
Services, MeekaMail may do so and may remove any such content or
prohibit any use of the Services it believes may be (or is alleged to
be) in violation of the foregoing.
7.7 The Services may only be used for lawful purposes. Transmission or
solicitation of any material that violates United States federal, state
or other laws that may apply in this jurisdiction or your local area is
prohibited. For details, see the Prohibited Content and Commerce
Section (see section 7).
7.8 For
every email message sent in connection with the Services, you
acknowledge and agree that the Services must have an identifying footer
stating "Powered by MeekaMail" or a similar message. You agree to
cooperate with and provide reasonable assistance to MeekaMail in
promoting and advertising the Services.
7.9 In using the varied features of the Services, you may provide
information (such as name, contact information, or other registration
information) to MeekaMail. MeekaMail may use this information and any
technical information about your use of the Services to tailor its
presentations to you, facilitate your movement through the Service, or
communicate separately with you. If you licensed the Services as a
result of solicitation by a Marketing Partner of MeekaMail, MeekaMail
may share your information with the Marketing Partner and the Marketing
Partner may share information with MeekaMail. MeekaMail will not
provide information to companies you have not authorized for that
purpose unless required by law or if you are terminated from MeekaMail
due to unsolicited commercial email being sent from your MeekaMail
account.
8. Termination/Canceling
8.1 You may terminate this Agreement at any time by contacting MeekaMail’s Customer Support through the contact us page. There are no refunds for any fees paid.
8.2 MeekaMail may terminate this Agreement or the Services, disable
your account or put your account on inactive status, in each case at
any time with or without cause, and with or without notice. MeekaMail
shall have no liability to you or any third party because of such
termination or action.
8.3
MeekaMail will delete any of your archived data within 30 days after
the date of termination. After termination, you are required to process
all unsubscribe requests within 30 days of your last email campaign.
MeekaMail will provide upon request the list of unsubscribe requests
from your last campaign. All sections of this Agreement that by their
nature should survive termination will survive termination, including,
without limitation, ownership, warranty disclaimers and limitations of
liability.
8.4 If your account is
classified (at MeekaMail's sole discretion) as inactive for over 120
days, MeekaMail has the right to permanently remove your subscriber
data. MeekaMail will attempt to contact you via email prior to taking
any permanent removal actions.
9. No Spam; Damages.
MeekaMail takes Spam very serious and will immediately terminate any
account in 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 you agree to pay
MeekaMail liquidated damages of $5 (US Currency) for each piece of Spam
or unsolicited bulk e-mail transmitted from or otherwise connected with
your account, otherwise you agree to pay MeekaMail's actual damages, to
the extent such actual damages can be reasonably calculated.
10. Prohibited Commerce and Content.
You acknowledge that MeekaMail or its Related Parties do not pre-screen
Content, but that MeekaMail and its designees shall have the right (but
not the obligation) in their sole discretion to refuse or remove any
Content or Users that violate the Agreement, interfere with or disrupt
the Services or servers or networks connected to the Site. You agree to
be bound by certain rules, which are important for the proper use of
MeekaMail. Your failure to follow these rules, whether listed below in
the terms and conditions or in bulletins posted at various points in
the system, may result in termination of your service. First, do not
tell others your password or let your account be used by anyone except
yourself. Second, do not attempt to log in more than once at the same
time on any given account without specific permission of a MeekaMail
operator. Third, while you should feel free to express yourself, you
should respect other users of the Site and not do anything to attack or
injure others. Fourth, do not use the Site or the Services to commit a
crime, or to plan, encourage or help others commit a crime, including
crimes relating to computers. Fifth, You will not upload, post, or
otherwise distribute or facilitate distribution of any content --
including text, communications, software, images, sounds, data, or
other information -- that:
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Provides, sells or offers to sell the following products or content (or
services related to the same): pornography or illicitly pornographic
sexual products; escort services; illegal goods; illegal drugs; illegal
drug contraband; pirated computer programs; instructions on how to
assemble or otherwise make bombs, grenades or other weapons
- Displays material that exploits children, or otherwise exploits children under 18 years of age
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Provides, sells or offers products, services or content frequently
associated with unsolicited commercial email, a.k.a. spam, such as
online pharmacies, work at home businesses, credit management, mortgage
and debt relief offers, nightclubs and party lists.
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Provides material that is grossly offensive, including blatant
expressions of bigotry, prejudice, racism, hatred or excessive
profanity or post any obscene, lewd, lascivious, filthy, excessively
violent, harassing or otherwise objectionable content
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Posts or discloses any personally identifying information or private
information about children without their consent (or their parents
consent in case of a minor)
- Sells or promotes any products or services that are unlawful in the location at which the content is posted or received
- Introduces viruses, worms, harmful code and/or Trojan horses on the Internet
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Promotes, solicits or participates in surveys, contests, pyramid
schemes, chain letters, junk e-mail, spamming or any duplicative or
unsolicited messages (commercial or otherwise).
- Engages in any libelous, defamatory, scandalous, threatening, harassing activity
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Posts any content that advocates, promotes or otherwise encourages
violence against any governments, organizations, groups or individuals
or which provides instruction, information or assistance in causing or
carrying out such violence
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Provides content, including images, of authors, artists, photographers
or others without the express written consent of the content owner
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You also agree that you will not harvest or collect information about
the users or members of the Site or use such information for the
purpose of transmitting or facilitating transmission of unsolicited
bulk electronic e-mail or communications
- As always, sending unsolicited commercial email is FORBIDDEN.
In addition, MeekaMail reserves the right to prohibit the use of MeekaMail by any company or site in its sole discretion.
11. Independent Parties.
MeekaMail supplies a private service, and no agency, partnership, joint
venture, employee-employer or franchiser-franchisee relationship is
intended or created by this Agreement. You have no authority to make or
accept any offers or representations on our behalf.
12. Electronic Communications.
To the fullest extent permitted by applicable law, this Agreement and
any other agreements, notices or other communications regarding your
account and/or your use of the Services ("Communications"), may be
provided to You electronically and You agree to receive Communications
in an electronic form. Electronic Communications may be posted on the
pages within the Site and/or delivered to your other e-mail address.
You will print a copy of any Communications and retain it for your
records. All Communications in either electronic or paper format will
be considered to be in "Writing", and to have been received no later
than five (5) business days after posting or dissemination, whether or
not You have received or retrieved the Communications. MeekaMail
reserves the right but assumes no obligation to provide Communications
in paper format. Your consent to receive Communications electronically
is valid until You revoke your consent by notifying MeekaMail of your
decision to do so, by sending an e-mail message via our Help Desk. If
You revoke your consent to receive Communications electronically,
MeekaMail may terminate your right to use the Services.
13. Privacy. You agree that You have had an opportunity to review, and accept the MeekaMail Privacy Policy.
14. Passwords.
You may not divulge your account password(s) to anyone else, nor may
You use anyone else's password. MeekaMail is not responsible for losses
incurred by Users as the result of their misuse of passwords.
15. Hacking.
If You use, or attempt to use the Site or the Services for other
purposes including but not limited to tampering, hacking, modifying or
otherwise corrupting the security or functionality of the Site or the
Services, your account will be terminated and You will be subject to
damages and other penalties, including criminal prosecution where
available.
16. Rights and Disclaimers of MeekaMail
Privacy.
MeekaMail or its Related Parties will not intentionally pre-screen,
monitor or disclose any private User data or Content, including but not
limited to e-mail addresses, unless required by law, regulation, court
order, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in MeekaMail's sole discretion or as
otherwise stated in our Privacy Policy. Only you and anyone to whom you
address your message, in most cases, may view your communications on
the Site. However, as system operators, we may need to review or
monitor your electronic mail and other communications from time to
time.
Payment Processing.
When applicable, MeekaMail shall make reasonable efforts to ensure that
purchases involving credit cards are processed in a timely manner.
However, a number of factors, several of which are outside of our
control, will contribute to when the funds are approved. MeekaMail
makes no representations or warranties regarding the amount of time
needed to complete processing, such as delays in the banking system or
the U.S. or international mail service, nor shall we be liable for any
actual or consequential damages arising from any claim of delay.
Limitation of Liability.
In no event shall MeekaMail or its Related Parties be liable for (i)
loss or inaccuracy of Content, (ii) interruption, suspension, or
termination of access to the Site or use of the Services, (iii) damages
caused other than by intentional misconduct, or (iv) any indirect,
special, incidental, consequential or punitive damages whatsoever
(including, but not limited to, damages for lost profits, disclosure of
confidential information, or loss of privacy), arising out of or in any
way related to the use of or inability to use business service or the
Site or any of the Services, even if MeekaMail has been advised of the
possibility of such damages. In no event shall MeekaMail be liable for
any act or omission of any third party (such as, for example, any
provider of telecommunications services, Internet access or computer
equipment or software) or any circumstances beyond our control (such
as, for example, a fire, flood, or other natural disaster, war, riot,
strike, act of civil or military authority, equipment failure, computer
virus, or failure or interruption of electrical, telecommunications or
other utility services).
WE WILL
NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR
INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY
INCUR IN CONNECTION WITH THE SERVICE, YOUR USE THEREOF OR ANY OF THE
DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SERVICE,
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION,
EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
Indemnity.
You agree to indemnify and hold MeekaMail and its Related Parties, and
their directors, officers, employees, and shareholders, against any and
all claims, actions, demands, liabilities, losses, damages, judgments,
settlements, costs, and expenses, including reasonable attorneys\'
fees, ("Losses") insofar as such Losses, or actions in respect of
Losses, arise out of or are based on (i) any misrepresentation of a
representation or warranty or breach of a covenant or agreement made by
you, or (ii) any claim related to any third party due to or arising out
of Content You submit, post, transmit or make available through the
Site, your use of the Services, your connection to the Site, your
violation of the Agreement, or your violation of any rights of another.
DISCLAIMER OF WARRANTIES. YOU
EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. MEEKAMAIL 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 USE OR PURPOSE,
TITLE AND NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY,
OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM,
INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY
INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. MEEKAMAIL
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, OR
INFORMATION OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
Proprietary Rights.
You acknowledge and agree that copyrights, trademarks, service marks,
patents, trade secrets, or other proprietary rights and laws protect
all content (other than Your Content) and materials available on the
Site. Except as expressly authorized by MeekaMail, you agree not to
sell, license, rent, modify, distribute, copy, reproduce, transmit,
publicly display, publicly perform, publish, adapt, edit, or create
derivative works from such materials or content. Systematic retrieval
of data or other content from the Site to create or compile, directly
or indirectly, a collection, compilation, database or directory without
written permission from MeekaMail is prohibited. In addition, use of
the content or materials for any purpose not expressly permitted in
these Terms and Conditions is prohibited.
As noted above, reproduction, copying, or redistribution for commercial
purposes of any materials or design elements on the Site is strictly
prohibited without the express written permission of MeekaMail.
We reserve the right to refuse permission to copy, distribute, broadcast, or publish any of our copyrighted material.
Official Language.
It is agreed that all Services to be provided, all obligations of
MeekaMail and all communications between the parties with respect to
this Agreement will be done in the English language. The parties
confirm that this Agreement and all related documentation are and will
be in the English language. Web pages which are translated from English
to other popular languages of the World may contain errors / omissions.
If for any reason the translated text is incorrect, or misleading, the
English text shall be deemed as the correct, original, and official
notice.
International Use.
MeekaMail makes no representation that materials on the Site are
appropriate or available for use in locations outside the United
States, and accessing them from territories where their contents are
illegal is prohibited. Those who choose to access the Site from other
locations do so on their own initiative and are responsible for
compliance with local laws.You may not remove or export from the United
States or allow the export or re-export of the Services, or any direct
product thereof, including technical data, in violation of any
restrictions, laws, or regulations of the United States or any other
applicable country.
Miscellaneous.
This Agreement will be governed by the laws of the United States and
the State of California, without reference to rules governing choice of
law. Any action relating to this Agreement must be brought in the
federal or state courts located in San Diego, California, and you
irrevocably consent to the jurisdiction of such courts. You may not
assign this Agreement. Our failure to enforce your strict performance
of any provision of this Agreement will not constitute a waiver of our
right to subsequently enforce such a provision or any other provision
of this Agreement.
Uncontrollable Circumstances.
MeekaMail's performance under this Agreement shall be excused to the
extent that its performance is hindered, delayed or made commercially
impractical by causes beyond its reasonable control, including, but not
limited to, acts of God, acts of terrorism, power shortage or failure,
acts or omissions of civil or military authority, fires, strikes,
floods, epidemics, riots or acts of war (whether war is declared or
not).
Acknowledgement.
This Agreement represents the entire understanding between you and us
regarding your access to the Site and use of the Services and
supersedes any prior statements or representations. IF YOU AGREE TO BE
BOUND BY THESE TERMS AND CONDITIONS please check the the box to "I
Agree" on the sign-up page, the billing form or by logging in to
MeekaMail. If you wish to re-read the Terms and Conditions, please
scroll to the top of the Site. If you do not agree to these Terms and
Conditions, please contact
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