Boundary 500 Service Agreement Last Updated: August 2009
THANK YOU FOR CHOOSING Boundary 500 Email Service
1. What the Contract Covers.
This is a contract between you and the Boundary 500. Sometimes the Boundary 500 company is referred to as "Boundary 500," "we," "us" or "our". All of the software or services are referred to in these terms as the "service."
Please note that we do not provide warranties for the service. The contract also limits our liability. These terms are in sections 20 and 21, and we ask you to read them carefully.
2. When You May Use the Service.
You may start using the service as soon as you have finished the sign-up process. No withdrawal right or other "cooling off" period applies to the service and you waive any applicable "cooling off" period, except if the law requires a "cooling off" period despite your waiver and even when a service starts right away.
3. How You May Use the Service.
In using the service, you will:
- obey the law;
- obey any codes of conduct or other notices we provide;
- keep your service account password secret; and
- promptly notify us if you learn of a security breach related to the service.
4. How You May Not Use the Service.
In using the service, you may not:
- engage in, facilitate or further unlawful conduct;
- use the service in a way that harms us or our advertisers, affiliates, resellers, distributors and/or vendors, or any customer of ours or our advertisers, affiliates, resellers, distributors and/or vendors;
- use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam");
- use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by Boundary 500, or "meta-searching");
- use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;
- damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone's use and enjoyment of the service; or
- resell or redistribute the service, or any part of the service.
5. You Are Responsible For Your Service Account.
Only you may use your service account. For some parts of the service, we may notify you that you may set up additional member accounts that are dependent on your account (an "associated account"). You are responsible for all activity that takes place with your service account or an associated account. You may not authorize any third party to access and/or use the service on your behalf except where Boundary 500 provides a mechanism for third parties to access the service on your behalf.
6. If You Are an Associated Account User.
If you are the user of an associated account, then the holder of the service account has full control over your associated account. This control includes the right to end the service, close or alter your associated account at any time, and, in some cases, to request and receive machine and service use information related to your associated account.
7. If You Pay Boundary 500.
This section 7 applies in all situations in which you directly pay us. If you pay a company other than us for the service, then the charges and billing terms are as stated by the other company. Even if you do not pay for the service, you may still incur charges incidental to using the service; for example, charges for Internet access, mobile text messaging, or other data transmission.
When you create a billing account, you enter your payment method. You must be authorized to use the payment method. You authorize us to charge you for the service using your payment method and for any paid feature of the service for which you choose to sign up or use while this contract is in force. Billing of service charges to your payment method may occur (a) in advance; (b) at the time for purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription services. We may charge you a different amount than what you approved. If it is a greater amount, we will tell you the amount and the date of the charge at least 10 days before we make the charge. Also, we may charge you up to the amount you have approved, and we will notify you in advance of the difference for recurring subscription services. We may bill you for more than one of your prior billing periods together. If we informed you that the service will be provided indefinitely or automatically renewed, we may automatically renew your service and charge you for any renewal term.
7.3 Updates to Your Billing Account.
You must keep all information in your billing account current, including your billing address and the expiration date of your credit card. We will not store your billing information. You may change your payment method at any time. If you tell us to stop using your payment method, we may cancel your service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.
You may have received a limited time of free service or some other trial period offer. Unless we notify you otherwise, if you are participating in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring charges. If you do not cancel your service, and we have informed you that the service will automatically be converted into a paid subscription at the end of the trial period, then you authorize us to charge your payment method for the service.
7.5 Prices and Price Increases.
The price for the service includes all taxes, unless stated otherwise. Currency exchange settlements are based on your agreement with your payment method provider. We may change the price of the service from time to time, but we will tell you before we do.
- If there is a specific time length and price for your service offer, then that price will remain in force for that time. After the offer period ends, your use of the service will be charged at the new price.
- If your service is on a period basis (for example, monthly), with no specific time length, then we will tell you the date of any price change. That date will be not less than 30 days after we tell you of the price change.
If you do not agree to these changes, then you must cancel and stop using the service before the changes take place. If you cancel your service, then your service ends at the end of your current service time length or, if we bill your account on a period basis, at the end of the period in which you cancelled.
Unless otherwise provided by law or in connection with any particular service offer, all charges are non-refundable, and the costs of any returns will be at your expense.
7.7 Canceling the Service.
You may cancel the service at any time, with or without cause. Simply contact us at admin@boundary500.co.uk and we will make the required arrangements. Certain service offers may require cancellation charges, and you will pay all cancellation charges as specified in the materials describing the offer. Cancellation of the service by you will not alter your obligation to pay all charges made to your billing account.
Except to the extent prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1% of the unpaid amount each month or the maximum rate that is permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts. These costs may include reasonable attorneys' fees and other legal fees and costs. We may suspend or cancel your service if you fail to pay in full on time.
7.9 Internet Access Service.
If the service does not include Internet access, then you are responsible for paying the fees charged by your Internet access provider. Those fees are in addition to the fees you pay us for the service. The rest of this section applies only if your service includes Internet access.
If you use a dial-up modem, you are responsible for determining if the numbers you select will incur toll charges. To do this you must contact your telephone company first. Tell it the numbers you consider using. Your telephone company can tell you if using those numbers will trigger additional charges. Ask it if there are other telephone service charges you will incur using those numbers. You should contact your phone company even if we provided the number as an appropriate access number for you. We rely on others to provide us with that information. Unfortunately, sometimes it is wrong. If you incur any extra charges, then you must pay them. We will not reimburse you for them.
You also will pay any additional charges you incur if you connect to the service through a service telephone number while you are in a country that is not the country associated with your service account ("roaming charges"). Roaming charges are in addition to any long distance telephone charges you may incur when connecting to the service from another country. Please check the service information area to view the current rates for roaming charges. You may also incur additional charges if your usage of the service exceeds the number of hours covered by your service plan.
8. Payments to You.
Your right to any payment due you under a service is conditioned upon you promptly providing us with all information we require to properly make the payment (for example, bank account information for receiving the payment). We will use reasonable efforts to tell you what information we require in advance of your use of the applicable service. Even if we do not tell you in advance, you must provide us the information we request before your right to receive the payment accrues. You are responsible for the accuracy of the information you provide and any taxes you may incur as a result of receiving a payment. You must also comply with any other conditions we place on your right to any payment. If you receive a payment that was not due to you, we may reverse or seek return of the payment and you agree to cooperate with us in our efforts to do this.
9. Your Content.
You may be able to submit content for use in connection with the service. You understand that Boundary 500 does not control or endorse the content that you and others post or provide on the service. Except for material that we license to you, we do not claim ownership of the content you post or provide on the service.
The service includes public areas available to the general public, shared areas available to others you have selected and personal areas where you have not granted access to others. If you share content with others on the service, in either public or shared areas, then you understand and agree that others with whom you have shared content may use that content. You grant to those members of the public to whom you have permitted access free, nonexclusive permission to use, copy, distribute and display the content solely in connection with the service and other Boundary 500 products and services. If you do not want others to have those rights, please do not share your content with them.
You understand that Boundary 500 may need and you hereby authorize Boundary 500 to use, modify, copy, distribute and display content posted on the service to the extent necessary to provide the service. This includes:
- storing and retrieving the content;
- making the content available to you and to those members of the public to whom you have granted access or to the general public (for content posted on public areas of the service);
- conforming to connecting networks' technical requirements; and
- conforming to the limitations and terms of the service.
You understand that sharing content that violates others' copyrights and other intellectual property rights violates this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this section 9 and that the use and publication of the content does not breach any law. We will not pay you for your content. We may refuse to publish your content and may remove your content from the service at any time.
10. Privacy.
In order to operate and provide the service, we collect certain information about you. We will not pass this information on to any third parties but from time to time we may contact you with information relating directly to the Boundary 500.
The service is a private computer network that Boundary 500 operates for the benefit of itself and its customers. Boundary 500 retains the right to block or otherwise prevent delivery of any type of email or other communication to or from the service as part of our efforts to protect the service, protect our customers or stop you from breaching this contract. The technology or other means we use may hinder or break your use of the service.
In order to provide you the service, we may collect certain information about service performance, your machine and your service use. We may automatically upload this information from your machine. This data will not personally identify you or harm your privacy rights in any way - You are welcome to prevent upload of this information by blocking cookies from within your browser.
11. WE MAKE NO WARRANTY.
We provide the service "as-is," "with all faults" and "as available." We do not guarantee the accuracy or timeliness of information available from the service. We and our affiliates, resellers, distributors and vendors (collectively, the "Boundary 500 parties") give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
12. Changes to the Service; If We Cancel the Service.
We may change the service or delete features at any time and for any reason. We may cancel or suspend your service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon service cancellation, your right to use the service stops right away. Once the service is cancelled or suspended, any data you have stored on the service may not be retrieved later. Our cancellation of the service will not alter your obligation to pay all charges made to your billing account. If we cancel the service in its entirety without cause, then we will refund to you on a pro-rata basis the amount of payments that you have made corresponding to the portion of your service remaining right before the cancellation.
13. Service provision
Currently we can only provide the email service to users within the United Kingdom and subject to any laws in the United Kingdom - If you apply for an email account and succesfully pay and we later find you are not from the United Kingdom then we will cancel your account and no refund will be given unless the fourteen day distance selling date is still in effect.
