KeethaMailOnline Terms
of Service
1.
ACCEPTANCE OF TERMS
CeylonSoft Inc.
("CeylonSoft") welcomes you. CeylonSoft provides the KeethaMailOnline
Services (defined below) to you subject to the following Terms of Service
("TOS"), which may be updated by us from time to time without notice
to you. You can review the most current version of the TOS at any time at: http://www.keethamailonline.com/TermsOfService.html. By
accessing and using the KeethaMailOnline Services, you accept and agree to be
bound by the terms and provision of the TOS. In addition, when using particular
CeylonSoft owned or operated services, you and CeylonSoft shall be subject to
any posted guidelines or rules applicable to such services, which may be posted
and modified from time to time. All such guidelines or rules (including but not
limited to our Spam Policy) are
hereby incorporated by reference into the TOS. CeylonSoft may also offer other
services that are governed by different Terms of Service.
2.
DESCRIPTION OF KeethaMailOnline SERVICES
CeylonSoft provides
users with access to a rich collection of resources, including without
limitation various communications tools, forums, shopping services, search
services, personalized content and branded programming through its network of
properties which may be accessed through any various medium or device now known
or hereafter developed (the "KeethaMailOnline Services"). You also
understand and agree that the KeethaMailOnline Services may include
advertisements and that these advertisements are necessary for CeylonSoft to
provide the KeethaMailOnline Services. You also understand and agree that the KeethaMailOnline
Services may include certain communications from CeylonSoft, such as service
announcements, administrative messages and the CeylonSoft Newsletter, and that
these communications are considered part of CeylonSoft membership and you will
not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current KeethaMailOnline
Services, including the release of new CeylonSoft properties, shall be subject
to the TOS. You understand and agree that the KeethaMailOnline Services is
provided "AS-IS" and that CeylonSoft assumes no responsibility for
the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings. You are responsible for obtaining
access to the KeethaMailOnline Services, and that access may involve
third-party fees (such as Internet service provider or airtime charges). You
are responsible for those fees, including those fees associated with the
display or delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the KeethaMailOnline Services.
You understand that
the technical processing and transmission of the KeethaMailOnline Services,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
Please be aware that CeylonSoft
has created certain areas on the KeethaMailOnline Services that contain adult
or mature content. You must be at least 18 years of age to access and view such
areas.
3.
YOUR REGISTRATION OBLIGATIONS
In consideration of
your use of the KeethaMailOnline Services, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving the KeethaMailOnline
Services under the laws of the
United
States
or other applicable jurisdiction. You
also agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the CeylonSoft Service's registration form (the
"Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete,
or CeylonSoft has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, CeylonSoft has the right to
suspend or terminate your account and refuse any and all current or future use
of the KeethaMailOnline Services (or any portion thereof). CeylonSoft is
concerned about the safety and privacy of all its users, particularly children.
For this reason, parents of children under the age of 13 who wish to allow
their children access to the KeethaMailOnline Services must create a CeylonSoft
Family Account. When you create a CeylonSoft Family Account and add your child
to the account, you certify that you are at least 18 years old and that you are
the legal guardian of the child/children listed on the CeylonSoft Family
Account. By adding a child to your CeylonSoft Family Account, you also give
your child permission to access many areas of the KeethaMailOnline Services,
including, email, message boards and instant messaging (among others). Please
remember that the KeethaMailOnline Services is designed to appeal to a broad
audience. Accordingly, as the legal guardian, it is your responsibility to
determine whether any of the KeethaMailOnline Services areas and/or Content (as
defined in Section 6 below) are appropriate for your child.
4.
CEYLONSOFT PRIVACY POLICY
Registration Data and
certain other information about you are subject to our applicable privacy
policy. For more information, see the full CeylonSoft Privacy Policy at http://www.ceylonsoft.com/privacy.html, or
if you came from CeylonSoft Kids, then see our CeylonSoft Kids Privacy Policy
at http://www.ceylonsoft.com/kids.html. You
understand that through your use of the KeethaMailOnline Services you consent
to the collection and use (as set forth in the applicable privacy policy) of
this information, including the transfer of this information to the United
States and/or other countries for storage, processing and use by CeylonSoft and
its affiliates.
5.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a
password and account designation upon completing the KeethaMailOnline Service's
registration process. You are responsible for maintaining the confidentiality
of the password and account and are fully responsible for all activities that
occur under your password or account. You agree to (a) immediately notify CeylonSoft
of any unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end of each
session. CeylonSoft cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section 5.
6.
MEMBER CONDUCT
You understand that
all information, data, text, software, music, sound, photographs, graphics,
video, messages, tags, or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person from whom such Content originated. This means that you, and not CeylonSoft,
are entirely responsible for all Content that you upload, post, email, transmit
or otherwise make available via the KeethaMailOnline Services. CeylonSoft does
not control the Content posted via the KeethaMailOnline Services and, as such,
does not guarantee the accuracy, integrity or quality of such Content. You
understand that by using the KeethaMailOnline Services, you may be exposed to
Content that is offensive, indecent or objectionable. Under no circumstances
will CeylonSoft be liable in any way for any Content, including, but not limited
to, any errors or omissions in any Content, or any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed, transmitted or
otherwise made available via the KeethaMailOnline Services.
You agree to not use
the KeethaMailOnline Services to:
a.
upload, post, email, transmit or otherwise
make available any Content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b.
harm minors in any way;
c.
impersonate any person or entity, including,
but not limited to, a CeylonSoft official, forum leader, guide or host, or
falsely state or otherwise misrepresent your affiliation with a person or entity;
d.
forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted through
the KeethaMailOnline Service;
e.
upload, post, email, transmit or otherwise
make available any Content that you do not have a right to make available under
any law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or disclosed as
part of employment relationships or under nondisclosure agreements);
f.
upload, post, email, transmit or otherwise
make available any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party;
g.
upload, post, email, transmit or otherwise
make available any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those
areas (such as shopping) that are designated for such purpose (please read our
complete Spam Policy);
h.
upload, post, email, transmit or otherwise
make available any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
i.
disrupt the normal flow of dialogue, cause a
screen to "scroll" faster than other users of the KeethaMailOnline
Services are able to type, or otherwise act in a manner that negatively affects
other users' ability to engage in real time exchanges;
j.
interfere with or disrupt the KeethaMailOnline
Services or servers or networks connected to the KeethaMailOnline Services, or
disobey any requirements, procedures, policies or regulations of networks
connected to the KeethaMailOnline Services, including using any device,
software or routine to bypass our robot exclusion headers;
k.
intentionally or unintentionally violate any
applicable local, state, national or international law, including, but not
limited to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American Stock Exchange or
the NASDAQ, and any regulations having the force of law;
l.
provide material support or resources (or to
conceal or disguise the nature, location, source, or ownership of material
support or resources) to any organization(s) designated by the United States
government as a foreign terrorist organization pursuant to section 219 of the
Immigration and Nationality Act;
m.
"stalk" or otherwise harass another;
and/or
n.
collect or
store personal data about other users in connection with the prohibited conduct
and activities set forth in paragraphs a through m above.
You acknowledge that CeylonSoft
may or may not pre-screen Content, but that CeylonSoft and its designees shall
have the right (but not the obligation) in their sole discretion to pre-screen,
refuse, or remove any Content that is available via the KeethaMailOnline
Services. Without limiting the foregoing, CeylonSoft and its designees shall
have the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by CeylonSoft or submitted to CeylonSoft,
including without limitation information in CeylonSoft Message Boards and in
all other parts of the KeethaMailOnline Services.
You acknowledge,
consent and agree that CeylonSoft may access, preserve and disclose your
account information and Content if required to do so by law or in a good faith
belief that such access preservation or disclosure is reasonably necessary to:
(i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims
that any Content violates the rights of third parties; (iv) respond to your
requests for customer service; or (v) protect the rights, property or personal
safety of CeylonSoft, its users and the public.
You understand that
the KeethaMailOnline Services and software embodied within the KeethaMailOnline
Services may include security components that permit digital materials to be
protected, and that use of these materials is subject to usage rules set by CeylonSoft
and/or content providers who provide content to the KeethaMailOnline Services.
You may not attempt to override or circumvent any of the usage rules embedded
into the KeethaMailOnline Services. Any unauthorized reproduction, publication,
further distribution or public exhibition of the materials provided on the KeethaMailOnline
Services, in whole or in part, is strictly prohibited.
7.
INTERSTATE NATURE OF COMMUNICATIONS ON CEYLONSOFT
NETWORK
When you register with
CeylonSoft, you acknowledge that in using the KeethaMailOnline Services to send
electronic communications (including but not limited to email, search queries,
sending messages to CeylonSoft Chat or CeylonSoft Groups, uploading photos and
files to Flickr, and other Internet activities), you will be causing
communications to be sent through CeylonSoft's computer networks, portions of
which are located in Massachusetts, and other locations in the United States
and portions of which are located abroad. As a result, and also as a result of CeylonSoft's
network architecture and business practices and the nature of electronic
communications, even communications that seem to be intrastate in nature can
result in the transmission of interstate communications regardless of where you
are physically located at the time of transmission. Accordingly, by agreeing to
this TOS, you acknowledge that use of the service results in interstate data
transmissions.
8.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND
EXPORT AND IMPORT COMPLIANCE
Recognizing the global
nature of the Internet, you agree to comply with all local rules regarding
online conduct and acceptable Content. Use of the KeethaMailOnline Services and
transfer, posting and uploading of software, technology, and other technical
data via the KeethaMailOnline Services may be subject to the export and import
laws of the
United States
and other countries. You agree to comply with all applicable export and import
laws and regulations. In particular, you: (a) represent that you are not a
party identified on any government export exclusion list, including but not
limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals
Lists, nor will you transfer software, technology, and other technical data via
the KeethaMailOnline Services to parties identified on such lists; (b) agree
not to use the KeethaMailOnline Services for military, nuclear, missile,
chemical or biological weaponry end uses in violation of U.S. export laws; (c)
agree not to transfer, upload, or post via the KeethaMailOnline Services any
software, technology or other technical data in violation of U.S. or other
applicable export or import laws.
9.
CONTENT SUBMITTED OR MADE AVAILABLE FOR
INCLUSION ON THE KEETHAMAILONLINE SERVICES
CeylonSoft does not
claim ownership of Content you submit or make available for inclusion on the KeethaMailOnline
Services. However, with respect to Content you submit or make available for
inclusion on publicly accessible areas of the KeethaMailOnline Services, you
grant CeylonSoft the following worldwide, royalty-free and non-exclusive
license(s), as applicable:
a.
With respect to Content you submit or make
available for inclusion on publicly accessible areas of CeylonSoft Groups, the
license to use, distribute, reproduce, modify, adapt, publicly perform and
publicly display such Content on the KeethaMailOnline Services solely for the
purposes of providing and promoting the specific CeylonSoft Group to which such
Content was submitted or made available. This license exists only for as long
as you elect to continue to include such Content on the KeethaMailOnline
Services and will terminate at the time you remove or CeylonSoft removes such
Content from the KeethaMailOnline Services.
b.
With respect to photos, graphics, audio or
video you submit or make available for inclusion on publicly accessible areas
of the KeethaMailOnline Services other than CeylonSoft Groups, the license to
use, distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the KeethaMailOnline Services solely for the purpose
for which such Content was submitted or made available. This license exists
only for as long as you elect to continue to include such Content on the KeethaMailOnline
Services and will terminate at the time you remove or CeylonSoft removes such
Content from the KeethaMailOnline Services.
c.
With respect to Content other than photos,
graphics, audio or video you submit or make available for inclusion on publicly
accessible areas of the KeethaMailOnline Services other than CeylonSoft Groups,
the perpetual, irrevocable and fully sublicensable license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and publicly
display such Content (in whole or in part) and to incorporate such Content into
other works in any format or medium now known or later developed.
"Publicly
accessible" areas of the KeethaMailOnline Services are those areas of the CeylonSoft
network of properties that are intended by CeylonSoft to be available to the
general public. By way of example, publicly accessible areas of the KeethaMailOnline
Services would include CeylonSoft Message Boards and portions of CeylonSoft
Groups and Flickr that are open to both members and visitors. However, publicly
accessible areas of the KeethaMailOnline Services would not include portions of
CeylonSoft Groups that are limited to members, KeethaMailOnline Services
intended for private communication such as CeylonSoft Mail or CeylonSoft
Messenger, or areas off of the CeylonSoft network of properties such as
portions of World Wide Web sites that are accessible via hypertext or other
links but are not hosted or served by CeylonSoft.
10.
CONTRIBUTIONS TO CEYLONSOFT
By submitting ideas,
suggestions, documents, and/or proposals ("Contributions") to CeylonSoft
through its suggestion or feedback webpages, you acknowledge and agree that:
(a) your Contributions do not contain confidential or proprietary information;
(b) CeylonSoft is not under any obligation of confidentiality, express or implied,
with respect to the Contributions; (c) CeylonSoft shall be entitled to use or
disclose (or choose not to use or disclose) such Contributions for any purpose,
in any way, in any media worldwide; (d) CeylonSoft may have something similar
to the Contributions already under consideration or in development; (e) your
Contributions automatically become the property of CeylonSoft without any
obligation of CeylonSoft to you; and (f) you are not entitled to any
compensation or reimbursement of any kind from CeylonSoft under any
circumstances.
11.
INDEMNITY
You agree to indemnify
and hold CeylonSoft and its subsidiaries, affiliates, officers, agents,
employees, partners and licensors harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of
Content you submit, post, transmit, modify or otherwise make available through
the KeethaMailOnline Services, your use of the KeethaMailOnline Services, your
connection to the KeethaMailOnline Services, your violation of the TOS, or your
violation of any rights of another.
12.
NO COMMERCIAL REUSE OF KEETHAMAILONLINE
SERVICES
You agree not to
reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion or use of, or access to, the KeethaMailOnline
Services (including Content, advertisements, Software and your CeylonSoft ID).
13.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that CeylonSoft
may establish general practices and limits concerning use of the KeethaMailOnline
Services, including without limitation the maximum number of days that email
messages, message board postings or other uploaded Content will be retained by
the KeethaMailOnline Services, the maximum number of email messages that may be
sent from or received by an account on the KeethaMailOnline Services, the
maximum size of any email message that may be sent from or received by an
account on the KeethaMailOnline Services, the maximum disk space that will be
allotted on CeylonSoft's servers on your behalf, and the maximum number of
times (and the maximum duration for which) you may access the KeethaMailOnline
Services in a given period of time. You agree that CeylonSoft has no
responsibility or liability for the deletion or failure to store any messages
and other communications or other Content maintained or transmitted by the KeethaMailOnline
Services. You acknowledge that CeylonSoft reserves the right to log off
accounts that are inactive for an extended period of time. You further
acknowledge that CeylonSoft reserves the right to modify these general
practices and limits from time to time.
CeylonSoft Messenger,
including any web-based versions, will allow you and the people with whom you
communicate to save your conversations in your CeylonSoft accounts located on CeylonSoft
servers. This means you can access and search your message history from any
computer with access to the internet. Whether or not you use this feature,
other users may choose to use it to save conversations with you in their
account on CeylonSoft too. Your agreement to this TOS constitutes your consent
to allow CeylonSoft to store these communications on its servers.
14.
MODIFICATIONS TO KEETHAMAILONLINE SERVICES
CeylonSoft reserves
the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the KeethaMailOnline Services (or any part thereof)
with or without notice. You agree that CeylonSoft shall not be liable to you or
to any third party for any modification, suspension or discontinuance of the KeethaMailOnline
Services (or any part thereof).
15.
TERMINATION
You may terminate your
CeylonSoft account, any associated email address and access to the KeethaMailOnline
Services by submitting such termination request to CeylonSoft.
You agree that CeylonSoft
may, without prior notice, immediately terminate, limit your access to
or suspend your CeylonSoft account, any associated email address, and access to
the KeethaMailOnline Services. Cause for such termination, limitation of access
or suspension shall include, but not be limited to, (a) breaches or violations
of the TOS or other incorporated agreements or guidelines, (b)requests by law
enforcement or other government agencies, (c) discontinuance or material
modification to the KeethaMailOnline Services (or any part thereof), (d)
unexpected technical or security issues or problems, (e) extended periods of
inactivity, (f) engagement by you in fraudulent or illegal activities, and/or
(g) nonpayment of any fees owed by you in connection with the KeethaMailOnline
Services. Further, you agree that all terminations, limitations of access and
suspensions for cause shall be made in CeylonSoft's sole discretion and that CeylonSoft
shall not be liable to you or any third party for any termination of your
account, any associated email address, or access to the KeethaMailOnline
Services.
Termination of your CeylonSoft
account includes any or all of the following: (a) removal of access to all or
part of the offerings within the KeethaMailOnline Services, (b) deletion of
your password and all related information, files and content associated with or
inside your account (or any part thereof), and (c) barring of further use of
all or part of the KeethaMailOnline Services.
16.
DEALINGS WITH ADVERTISERS
Your correspondence or
business dealings with, or participation in promotions of, advertisers found on
or through the KeethaMailOnline Services, including payment and delivery of
related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that CeylonSoft shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings or
as the result of the presence of such advertisers on the KeethaMailOnline
Services.
17.
LINKS
The KeethaMailOnline
Services may provide, or third parties may provide, links to other World Wide
Web sites or resources. You acknowledge and agree that CeylonSoft 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. You
further acknowledge and agree that CeylonSoft 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 or through any such site or resource.
18.
CEYLONSOFT'S PROPRIETARY RIGHTS
You acknowledge and
agree that the KeethaMailOnline Services and any necessary software used in
connection with the KeethaMailOnline Services ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree that
Content contained in advertisements or information presented to you through the
KeethaMailOnline Services or by advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except
as expressly permitted by applicable law or as authorized by CeylonSoft or the
applicable licensor (such as an advertiser), you agree not to modify, rent,
lease, loan, sell, distribute, transmit, broadcast, publicly perform or create
derivative works based on the KeethaMailOnline Services, such Content or the
Software, in whole or in part.
CeylonSoft grants you
a personal, non-transferable and non-exclusive right and license to use the
object code of its Software on a single computer; provided that you do not (and
do not allow any third party to) copy, modify, create a derivative work from,
reverse engineer, reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify
the Software in any manner or form, nor to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the KeethaMailOnline Services. You agree not to access
the KeethaMailOnline Services by any means other than through the interface
that is provided by CeylonSoft for use in accessing the KeethaMailOnline
Services.
19.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:
a.
YOUR USE OF THE KEETHAMAILONLINE SERVICES AND
SOFTWARE ARE AT YOUR SOLE RISK. THE KEETHAMAILONLINE SERVICES AND SOFTWARE ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CEYLONSOFT
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b.
CEYLONSOFT AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i)
THE KEETHAMAILONLINE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE
KEETHAMAILONLINE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE KEETHAMAILONLINE
SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE KEETHAMAILONLINE SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS;
AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE KEETHAMAILONLINE SERVICES OR SOFTWARE IS ACCESSED AT
YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY
WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO
YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d.
NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM CEYLONSOFT OR THROUGH OR FROM THE KEETHAMAILONLINE
SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC
SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER
SCREEN OR WHILE USING THE CEYLONSOFT SERVICE. CERTAIN CONDITIONS MAY INDUCE
PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF
PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC
CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE CEYLONSOFT SERVICE.
IMMEDIATELY DISCONTINUE USE OF THE KEETHAMAILONLINE SERVICES AND CONSULT YOUR
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE CEYLONSOFT
SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
20.
LIMITATION OF LIABILITY
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT CEYLONSOFT AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU
FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CEYLONSOFT HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY
TO USE THE CEYLONSOFT SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CEYLONSOFT SERVICE;
OR (e) ANY OTHER MATTER RELATING TO THE CEYLONSOFT SERVICE.
21.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
22.
SPECIAL ADMONITION FOR KEETHAMAILONLINE
SERVICES RELATING TO FINANCIAL MATTERS
If you intend to
create or join any service, receive or request any news, messages, alerts or
other information from the KeethaMailOnline Services concerning companies,
stock quotes, investments or securities, please read the above Sections 19 and
20 again. They go doubly for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt. The KeethaMailOnline
Services is provided for informational purposes only, and no Content included
in the KeethaMailOnline Services is intended for trading or investing purposes.
CeylonSoft and its licensors shall not be responsible or liable for the
accuracy, usefulness or availability of any information transmitted or made
available via the KeethaMailOnline Services, and shall not be responsible or
liable for any trading or investment decisions based on such information.
23.
NO THIRD-PARTY BENEFICIARIES
You agree that, except
as otherwise expressly provided in this TOS, there shall be no third-party
beneficiaries to this agreement.
24.
NOTICE
CeylonSoft may provide
you with notices, including those regarding changes to the TOS, including by
but not limited to email, regular mail, SMS, MMS, text message, postings on the
KeethaMailOnline Services, or other reasonable means now known or hereafter
developed. Such notices may not be received if you violate this TOS by
accessing the KeethaMailOnline Services in an unauthorized manner. Your
agreement to this TOS constitutes your agreement that you are deemed to have
received any and all notices that would have been delivered had you accessed
the KeethaMailOnline Services in an authorized manner.
25.
TRADEMARK INFORMATION
You agree that all of CeylonSoft’s
trademarks, trade names, service marks and other CeylonSoft logos and brand
features, and product and service names are trademarks and the property of CeylonSoft
Inc. (the "CeylonSoft Marks"). Without CeylonSoft's prior permission,
you agree not to display or use in any manner the CeylonSoft Marks.
26.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
CeylonSoft respects
the intellectual property of others, and we ask our users to do the same. CeylonSoft
may, in appropriate circumstances and at its discretion, disable and/or
terminate the accounts of users who may be repeat infringers. If you believe
that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise
violated, please provide CeylonSoft's Copyright Agent the following
information:
a.
an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright or other
intellectual property interest;
b.
a description of the copyrighted work or other
intellectual property that you claim has been infringed;
c.
a description of where the material that you
claim is infringing is located on the site;
d.
your address, telephone number, and email
address;
e.
a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its
agent, or the law;
f.
a statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's
behalf.
CeylonSoft's Agent for
Notice of claims of copyright or other intellectual property infringement can
be reached as follows:
By mail:
Copyright Agent
c/o CeylonSoft Inc.
P.O.Box 5747
Marlborough
,
MA
01752
By phone: (617) 933-8031
By fax:
By email: copyright@ceylonsoft.com
27.
GENERAL INFORMATION
Entire
Agreement. The TOS constitutes the entire agreement
between you and CeylonSoft and governs your use of the KeethaMailOnline
Services, superseding any prior version of this TOS between you and CeylonSoft
with respect to the KeethaMailOnline Services. You also may be subject to
additional terms and conditions that may apply when you use or purchase certain
other KeethaMailOnline Services, affiliate services, third-party content or
third-party software.
Choice
of Law and Forum. You and CeylonSoft each
agree that the TOS and the relationship between the parties shall be governed
by the laws of the State of Massachusetts without regard to its conflict of law
provisions and that any and all claims, causes of action or disputes
(regardless of theory) arising out of or relating to the TOS, or the
relationship between you and CeylonSoft, shall be brought exclusively in the
courts located in the county of Middlesex, Massachusetts or the U.S. District
Court for the District of Massachusetts. You and CeylonSoft agree to submit to
the personal jurisdiction of the courts located within the
county
of
Middlesex
,
Massachusetts
or the District of Massachusetts, and agree to waive any and all objections to
the exercise of jurisdiction over the parties by such courts and to venue in
such courts.
Waiver
and Severability of Terms. The failure of CeylonSoft
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 remain in full
force and effect.
No
Right of Survivorship and Non-Transferability. You agree that your CeylonSoft
account is non-transferable and any rights to your CeylonSoft ID or contents
within your account terminate upon your death. Upon receipt of a copy of a
death certificate, your account may be terminated and all contents therein
permanently deleted.
Statute
of Limitations. You agree that regardless of
any statute or law to the contrary, any claim or cause of action arising out of
or related to use of the KeethaMailOnline Services or the TOS must be filed
within one (1) year after such claim or cause of action arose or be forever
barred.
The section titles in
the TOS are for convenience only and have no legal or contractual effect.
28.
VIOLATIONS
Please report any
violations of the TOS to our Customer Service group.