description of service
Mail-hub is an email management and marketing tool that allows companies to
streamline the manner in which they communicate with their existing and
prospective clients via email.
Terms and conditions apply to all versions of this Service unless where otherwise
noted in this agreement. BY LOGGING INTO THE MAIL-HUB MANAGEMENT, YOU ARE
STATING THAT YOU ARE ELIGIBLE FOR A MAIL-HUB ACCOUNT AND THAT YOU AGREE TO BE
BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE MAIL-HUB TERMS AND
CONDITIONS.
1. ACCOUNT, PASSWORD, AND SECURITY
To open a Mail-Hub account, you must complete the registration process by
providing us with current, complete and accurate information as prompted by the
Registration Form. You then will choose a password and an account name. You are
entirely responsible for maintaining the confidentiality of your password and account.
Furthermore, you are entirely responsible for any and all activities that occur under
your account.
You agree to notify Mail-Hub immediately of any unauthorized use of your account or any other breach of security.
You agree that Mail-Hub may access your account, including its contents, as stated
in the Mail-Hub Privacy Statement (see clause 14) or to respond to service or
technical issues. Mail-Hub will take all reasonable care to ensure that all confidential
material supplied by you will be kept confidential.
3. OUTBOUND MESSAGES AND OTHER LIMITATIONS
Some messages may not be processed due to space constraints or outbound
message limitations, our outbound message size limitation is 5Mb per email. You
agree that Mail-Hub is not responsible or liable for the deletion or delivery of email messages however at the conclusion of each email dispatch we will where possible
provide you with information on all emails that were unsuccessfully processed during
the dispatch.
4.1 You agree to abide by all applicable local, state, national and international laws and regulations. You are responsible for all acts or omissions that occur under your
account or password, including the content of your transmissions through the
Service.
4.2 By way of example, and not as a limitation, you agree not to permit or
knowingly:
i) Use the Service in connection with chain letters, junk email, spamming or any
duplicative or unsolicited messages (commercial or otherwise);
ii) Harvest or otherwise collect information about others, including email addresses,
without their consent;
iii) Create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
iv) Transmit through the Service unlawful, harassing, libellous, abusive, threatening,
harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
v) Transmit any material that may infringe the intellectual property rights or other
rights of third parties, including trademark, copyright or right of publicity;
vi) Transmit any material that contains viruses, trojan horses, worms, time bombs,
cancel bots, or any other harmful or deleterious programs;
vii) Violate any Australian law regarding the transmission of technical data or
software exported from Australia;
viii) Interfere with or disrupt networks connected to the Service or violate the
regulations, policies or procedures of such networks;
ix) Attempt to gain unauthorized access to the Service, other accounts, computer
systems or networks connected to the Service, through password mining or any other means; or
x) Interfere with other users and their enjoyment of the Service or another entity's use
and enjoyment of similar services.
4.3 Should Mail-Hub become aware of the breach of any of the conditions
mentioned in 4.2 Mail-Hub shall have the right to immediately terminate this
agreement and take whatever action it deems necessary to protect and enforce its
rights.
5.1 Mail-Hub will use due care and skill in performing the services specified in this
agreement. However, Mail-Hub will not be liable for consequential or indirect loss or
special damages (including lost profits), for failure to do so.
5.2 Mail-Hub 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. If you are dissatisfied with the
Service, the materials available on or through the Service, or with any of Mail-Hub
terms and conditions, your sole and exclusive remedy is to discontinue using Mail-
Hub.
5.3 Limitation or exclusion of warranties, conditions, and/or liability for some types of
damages may not be permitted in some jurisdictions, in which case some or all of
paragraph 5 may not apply. If permitted by law, Mail-Hub liability is limited to
resupplying the service.
You agree to indemnify and hold Mail-Hub, its parent, subsidiaries, affiliates, officers
and employees, harmless from any claim, demand, or damage, including
reasonable attorneys' fees, asserted by any third party due to or arising out of your
breach of this agreement.
Mail-Hub may terminate the Mail-Hub Service with or without cause at any time and
effective immediately. In addition, Mail-Hub, in its sole discretion, may terminate your account for violation of the letter or spirit of the Terms and Conditions.
Upon termination of the Service, your right to use the Service immediately ceases.
Mail-Hub shall have no obligation to maintain any content in your account. Mail-Hub accounts shall not be terminated for inactivity.
Mail-Hub 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 email.
9. MODIFICATIONS TO TERMS OF SERVICE & POLICIES
Mail-Hub may not change the Terms and Conditions or policies regarding the use of
the Service without your consent (which shall not be unreasonably withheld).
The TOS shall be governed by and construed in accordance with the laws of the
state of New South Wales and Australia, excluding their conflict of law provisions.
You and Mail-Hub agree to submit to the exclusive jurisdiction of the courts located
in the State of News South Wales, Australia. If any provision(s) of the Terms and
Conditions is held by a court of competent jurisdiction to be contrary to law, then
such provision(s) shall be construed, as nearly as possible, to reflect the intentions of
the parties with the other provisions remaining in full force and effect.
Mail-Hub failure to exercise or enforce any right or provision of the Terms and
Conditions shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by Mail-Hub in writing.
You and Mail-Hub agree that any cause of action arising out of or related to this
Service must commence within one (1) year after the cause of action arose;
otherwise, such cause of action is permanently barred.
The section titles in the Terms and Conditions are solely used for the convenience of
the parties and have no legal or contractual significance.
The Mail-Hub Service is subject to a subscription fee. The amount of this fee is
determined by the length of the subscription as indicated at time of registration and
the usage fees outlined on the website unless otherwise negotiated with Mail-Hub.
The agreed subscription fees are as set out below and are current for the duration of
the agreement. Activation of your Mail-Hub account will take place once full
payment of the setup fee has been received.
12. DURATION OF SERVICE AND BILLING
The duration of this subscription is 12 months. You will be billed on the first day of
each calendar month following the month the services are provided.
Unless the Client notifies Harvest or Harvest notifies the Client in writing no later than
2 months prior to the expiry of the initial term that it does not wish to continue with
Services, the term will extend automatically for successive periods of twelve months.
Either party may terminate any extension of the Term by providing written notice to
the other no later than two months prior to the anniversary of the extension.
It is the express will of the parties that this agreement and all related documents
have been drawn up in English.
We respect the privacy of each of our clients and as such provide you the assurance
that we will not sell or solicit information contained in your lists. Lists remain the
property of the client. Should you choose to close your account with Mail-Hub you
will have 7 days to remove any records or lists from our servers. After this 7 day period access to your account will be removed.
