Cricket Mail.net shall provide web-based e-mail services ("the Cricket Mail Service") to you ("User") under the terms and conditions of this User Agreement ("the Agreement"). USER UNDERSTANDS AND ACKNOWLEDGES THAT USER IS ENTERING INTO AN AGREEMENT WITH CRICKET MAIL. BY COMPLETING THE REGISTRATION PROCESS AND BY CLICKING ON THE "ACCEPT" BUTTON YOU ARE AGREEING TO BECOME A PARTY TO THIS AGREEMENT WITH CRICKETMAIL.NET AND TO THE TERMS AND CONDITIONS HEREIN AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ANY APPLICABLE ASSOCIATE STATEMENT ACCESSIBLE FROM THE LOGIN PAGE OF THIS E-MAIL SITE.
Acceptable Use Policy:
The following policy governs the use of the Cricket Mail Service by the User. The User will comply with the terms and spirit of the Agreement.
User shall not use the Cricket Web Mail Service for spamming. Spamming includes, but is not limited to
- the bulk sending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients
- the sending of mail soliciting commercial purchases or a product or service
- the use of distribution lists that include people who have not given specific permission to be included in such distribution process
- posting commercial ads to USENET newsgroups that do not permit it
- e-mail harassment of another Internet user or users, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive
Cricket Mail has in place a spam monitoring and control system to reduce spam sent to and from Users. The User also has the ability to block spam senders through the user panal. The user agrees to only send email to a group consisting only of User's friends and family members or individuals with whom User has an established professional relationship, or to a group for whom User has the verified permission of each recipient to include them in a mailing list. Should User cause e-mail that does not meet these criteria to be sent through Cricket Mail's email servers, User understands and agrees that this is a breach of Cricket Mail's Terms of Service, which may result in User's account being immediatly terminated, with or without notice, and/or legal action against User for misuse of this service.
User shall not use the Cricket Mail Service in a manner which violates any city, provincial, state, national or international law or regulation, or which fails to comply with accepted Internet protocol.
User shall not attempt to interfere in any way with Cricket Mail networks or network security, or attempt to use the Crick Mail Service to gain unauthorized access to any other computer system.
User shall at all times provide Cricket Mail with accurate information. User shall immediately notify Cricket Mail of any security breach in or unauthorized use of User's account. User shall not interfere in any way with another User's use of, or Cricket Mail's provision of the Cricket Mail Service. User shall not resell, rent, lease, grant a security interest in, or make commercial use of the Cricket Mail services.
User agrees to use Cricket Mail E-mail addresses containing the names of colleges, universities, celebrities, entertainment properties, businesses, or teams for personal use only and not for any commercial purpose.
User agrees not to transfer E-mail address for gain or otherwise. Transfer of such E-mail address will result in termination of contract with end user
Cricket Mail will attempt to respond to complaints made by User regarding the receipt of spam or other harassing e-mail.
Your Privacy
All information provided, as well as the content of all incoming and outgoing emails are stictly confidential. Your information will never been sold, shared, traded or in any other way provided to others. The exception to this will be at the request of a legitimate law enforcement agency in relation to an ongoing investigation of illegal activity.
Indemnification
User agrees to indemnify and hold Cricket Mail and its licensors, parents, subsidiaries, affiliates, network partner sites, officers and employees ("Affiliated Parties"), 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 Cricket Mail Service, the violation of the Agreement by User, or the infringement by User, or by any other user of the Cricket Mail Service using User's computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any User communications.
Disclaimer of Warranty Cricket Mail EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE Cricket Mail SERVICE. THE Cricket Mail SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE PERFORMANCE OF, OR ARISING OUT OF THE USE OF THE Cricket Mail SERVICE IS BORNE BY USER. Cricket Mail MAKES NO WARRANTY REGARDING ANY GOODS, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE USE OF THE Cricket Mail SERVICE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO USER AND USER MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Cricket Mail OR ITS LICENSORS OR RESELLERS BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE Cricket Mail SERVICE, THE PERFORMANCE OF Cricket Mail SERVICE, OR DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFIT, BUSINESS STOPPAGE, LOSS OF DATA OR BUSINESS INFORMATION, COMPUTER DAMAGE, OR DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR CHANGES MADE TO USER'S TRANSMISSIONS OR DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL Cricket Mail BE LIABLE FOR ANY DAMAGES IN EXCESS OF WHAT Cricket Mail RECEIVED FROM USER FOR THE Cricket Mail SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO USER.
Storage and Delivery of Email
Cricket Mail assumes no responsibility for the deletion or failure to store, deliver or timely deliver messages. Without limiting the foregoing sentence, Cricket Mail may, from time to time and without notice, set limit(s) on the number of messages a member may send, store, or receive through the service, and Cricket Mail retains the right to delete any E-mails above or below such limit(s) as well as to deactivate any account which is over such limit(s) without any liability whatsoever, and User hereby releases Cricket Mail from any such liability. Any notice provided by Cricket Mail to Users in connection with such limit(s) shall not create any obligation to provide future notification regarding any change(s) to such limit(s).
Infringement
User represents that the user id selected by the User, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and is not being selected for any unlawful purpose. User acknowledges and agrees that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, Cricket Mail may immediately suspend the use of such Cricket Mail E-mail address, and User will indemnify and hold Cricket Mail harmless, in accordance with the Indemnification section above, for any claim or demand against Cricket Mail that arises out of such selection. User acknowledges and agrees that neither Cricket Mail nor any of its licensors shall be liable to User in the event Cricket Mail is ordered or required, as a result of a court order or legal settlement, or contractual requirement with any licensor, to desist from using or permitting the use of a particular domain name as part of a Cricket Mail E-mail address. If as a result of such action, User loses an E-mail address, the User's sole remedy shall be the receipt of a replacement Cricket Mail E-mail address.
Modification
Cricket Mail reserves the right to modify the Cricket Mail Service as described in the Agreement and on the site, and to change the terms and conditions of the Agreement at any time, without notice. Continued use of the Cricket Mail Service after such modifications shall be deemed an acceptance by the User to be bound by the terms of the modified Agreement.
Termination
Cricket Mail Service may be terminated for any reason, in whole or in part, effective immediately, by either Cricket Mail at any time without notice and without any liability whatsoever, and User hereby releases Cricket Mail from any such liability. Upon termination, User's right to use the Cricket Mail Service immediately ceases, and Cricket Mail is not obligated to forward any unread or unsent messages to User or any third party. Cricket Mail shall not be liable to User or any third party for termination of the Cricket Mail Service. In the case of a terminated paid Cricket Mail Service ("Premium Service"), upon written request to Cricket Mail, User shall receive at Cricket Mail's option, either i) reimbursement of the pro-rata portion of the amount paid for the period remaining on User's account for the terminated Premium Service; or ii) credit for another Premium Service equivalent to the pro-rata portion of the amount paid for the period remaining on User's account for the terminated Premium Service. There shall be no reimbursement or credit if the Cricket Mail Service is terminated due to User's violation of the terms of this Agreement. Cricket Mail reserves the right to terminate User's E-mail address in the event that Cricket Mail's rights to use certain domain names or E-mail addresses terminate or expire. In addition, Cricket Mail retains the right, at Cricket Mail's sole discretion, to terminate any and all parts of the Cricket Mail Service provided to User, without refunding User for any annual fees paid but not yet accrued, if it determines that User has failed to comply with any of the terms of the Acceptable Use Policy. If Cricket Mail determines that User has failed to comply with any of the terms of the Acceptable Use Policy above, Cricket Mail shall, if and when it deems it appropriate, (1) facilitate criminal prosecution against such User by referring User's spamming activity to the appropriate legal authorities, and (2) bring a civil action against such User, who shall be liable to Cricket Mail for any direct, indirect, special, incidental, or consequential damages incurred by Cricket Mail as a result of User's spamming or other prohibited activity.
Limitation of Action
User and Cricket Mail 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. This shouldn't be an issue since you are using this service "As-Is" and at entirely your own risk.
Third Party Services & Promotions.
Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties. You agree as a user of our Free email service to receive messages from Cricket Mail promoting our own, as well as 3rd party good and services.
Reservation of Rights.
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making this service available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.
Entire Agreement
This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written, relating to the subject matter hereof.
Applicable Law.
You agree that this User Agreement and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of New Zealand
To report a violation of this User Agreement, please write to abuse@cricketmail.net. If you are forwarding an unsolicited commercial email ("spam") message, please be sure to include the full headers. Note: general customer service questions should be directed to feedback@cricketmail.net.
