GotNoAgenda - terms & conditions

August 28, 2010

The following Terms and Conditions and our Privacy Policy govern your use of the Service (as described in Clause 2 below) provided on GotNoAgenda.com. You agree that you will be bound by these Terms and Conditions and our Privacy Policy by making any use of the Service or by completing our account signup process.

1. The Service

1.1 GotNoAgenda provides paid email services, the details of which are provided on the GotNoAgenda website

1.2 Access to the Service will be via the user name and password which you will nominate at the time you register with GotNoAgenda ("Account").

2. Registration Information

2.1 Any use of your personal information by GotNoAgenda is subject to the GotNoAgenda Privacy Policy, which is available on our website. By using the Service, you agree that you will be bound by, and will observe your requirements set out in our Privacy Policy.

3. Accounts and Passwords

3.1 You are responsible for maintaining the confidentiality of your user name and password. You agree that you are responsible for any use of your Account, whether or not authorized by you.

3.2 You agree to immediately notify GotNoAgenda if you become aware of any unauthorized use of your Account.

4. System Operations

4.1 You agree that you will use the Service in accordance with the directions and specifications set out by GotNoAgenda from time to time. These directions may include but are not limited to:

(a) using specific SMTP or POP3 servers; and (b) accessing your account via any particular software (including any software provided by GotNoAgenda from time to time).

5. Access to Non-GotNoAgenda Accounts

5.1 GotNoAgenda cannot guarantee access to your non-GotNoAgenda email accounts, as a third party provides these services.

6. Storage

6.1 You agree that you will not store any emails on the Service which are in excess of GotNoAgenda's email storage limits (as specified by GotNoAgenda in these Terms and Conditions or on its website from time to time).

6.2 You agree that GotNoAgenda may delete any emails stored in your Account, if your Account is in excess of GotNoAgenda's storage limits or in accordance with Clause 6.3 or Section 11.

6.3 You acknowledge and agree that GotNoAgenda, its agents and employees will in accordance with our Privacy Policy, take all reasonable steps to preserve the privacy of your personal details and any electronic data stored on the Service. You further acknowledge that you will not hold GotNoAgenda responsible for any unauthorized or illegal access to GotNoAgenda's data storage system by any individual or group, whether internal or external to GotNoAgenda.

6.4 You acknowledge and agree that GotNoAgenda retains the right to remove any emails or other data, which violates these Terms and Conditions and Privacy Policy.

6.5 You acknowledge and agree that GotNoAgenda may review and disclose personal information and data stored on its data storage system in accordance with our Privacy Policy.

7. System Performance

7.1 You acknowledge and agree that as part of GotNoAgenda's verification process, all emails which are not from a sender approved by you will be blocked from entering GotNoAgenda's email servers. This may result in emails being delayed until resent by the sender's email server.

7.2 You agree that GotNoAgenda may permanently delete, or delay the delivery of any email to you if GotNoAgenda believes that the email constitutes spam or any other type of communication which you have authorized GotNoAgenda to block.

7.3. You agree and acknowledge that no backup or fall-back copies of data stored on the Service are available.

7.4. You agree and acknowledge that it's your responsibility to backup data stored on the Service.

8. Protection

8.1 You acknowledge and agree that GotNoAgenda cannot guarantee that any emails (including their attachments) which are received by you are virus free or error free.

8.2. You acknowledge and agree that data you download or obtain through using the Service is at your own risk.

8.3. You acknowledge and agree that you are solely responsible for any damage or loss resulting from data you download or obtain through using the Service.

9. Conduct

9.1 You agree that:

(a) you are responsible for the contents of email and information sent, received and stored using the Service;
(b) you are responsible for the consequences of email and information sent, received and stored using the Service;
(c) you will not resell or sublicense the use of the Service to any other person;
(d) you will not use the Service in an illegal manner or email any materials from the Service or your Account which are offensive, unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable;
(e) you will not use the Service to stalk, harass, monitor or eavesdrop on another person, business or entity;
(f) you will not use the Service to impersonate any person, company or business in any way whatsoever;
(g) you will not use the Service to infringe the copyright, trademark, patent or other intellectual property rights of any person;
(h) you will not use the Service for sending advertising, chain letters, junk mail, spamming, phishing or any other type of unsolicited email;
(i) you will not forge or alter the header or address information contained in any email or communication which you send from the Service;
(j) you will not use the Service to send, receive or store viruses, worms, spyware, adware, trojan horses or other harmful, disruptive, or destructive files;
(k) you will not use the Service to send, receive or store information derived from or relating to key logging software, key logging hardware or any other method to monitor keystrokes or computer usage;
(l) you will not use the Service to send, receive or store computer software or information relating to hacking tools, exploit code, software serial numbers or any content that may infringe upon another party's intellectual property rights;
(m) you will not use the Service in such a way as to deny access to the Service to other users of the Service; and
(n) you will not use the Service in a way that degrades the performance of the Service for other users.

9.2 Subject to Section 6, you acknowledge that GotNoAgenda cannot and does not censor or edit the contents of its users' email messages and is not responsible in anyway whatsoever for the conduct of any other users of the Service.

10. Reporting Abuse

You agree to report any known or potential abuse of the Service. This includes a potential violation of our Privacy Policy and Terms and Conditions.

11. Termination of Service

11.1 You agree that GotNoAgenda may, at any time at its sole discretion, alter, withdraw or terminate any part or all of the Service, without providing notice to you.

11.2 With the exception of clause 11.1, if we impose a Term on your use of the Service, your use of the Service will terminate one (1) day after the conclusion of the Term, unless otherwise renewed by you. You agree that any renewal of the Service will be subject to our Terms and Conditions governing the use of the Service at the time of renewal.

11.3 You agree that GotNoAgenda may, without notice, terminate the provision of the Service to you, if you:

(a) breach any of your obligations set out in these Terms and Conditions;
(b) breach our Privacy Policy;
(c) fail to renew your use of the Service in accordance with Clause 11.2; or
(d) provide any false or misleading information to GotNoAgenda at any time;

11.4 You acknowledge and agree that if you fail to log into your account or use the Service for a period of ninety (90) days, GotNoAgenda may, without notice, terminate the provision of the Service to you.

11.5 You acknowledge and agree that if you fail to log into your account or use the Service for a period for seven (7) days after creating your account, GotNoAgenda may, without notice, terminate the provision of the Service to you.

11.6 You acknowledge and agree that upon termination:

(a) we will remove your ability to send emails from the Service;
(b) we will delete your Account, email box, address book, white/black lists, email messages and files stored using the Service; and
(c) we will not be able to recover or provide you with any information or data previously stored on the Service;

12. Disclaimer of Warranties

12.1 You acknowledge that GotNoAgenda has made no warranties that the Service will be:

a) error free;
b) available on a continuous basis or at any particular time;
c) data stored on the Service will be backed up.

12.2 You acknowledge that GotNoAgenda has not made and will not make any express or implied warranties in relation to the Service or any other goods or services provided by GotNoAgenda, other than those warranties contained in these Terms and Conditions. Subject to Clauses 12.4 and 12.5, any term that would be implied into these Terms and Conditions, including without limitation any condition or warranty, is excluded.

12.3 Subject to Clauses 12.4 and 12.5, you agree that GotNoAgenda will not be liable in respect of any claim by you (whether contractual, tortuous, statutory or otherwise) for any direct, special, incidental, indirect or consequential damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Service or the provision of any other goods or services under these Terms and Conditions and whether as a result of any breach or default, by GotNoAgenda.

12.4 Any of these Terms and Conditions which limit or exclude any term, condition or warranty, express or implied, or the liability of GotNoAgenda will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies arising by virtue of the breach of any implied term of these Terms and Conditions where such exclusion, qualification or limitation would be prohibited by statute.

13. Indemnification

13.1 You agree to indemnify GotNoAgenda, its officers, employees and agents ("Indemnified"), against any loss, cost, expense or damage incurred by the Indemnified (including legal costs on a solicitor/client basis) arising directly or indirectly out of your breach of these Terms and Conditions or your infringement of the rights of any third party in using the Service.

14. Notices

14.1 Any notice given under these Terms and Conditions must be in writing and, other than in the case of email, must be signed by the party giving the notice. A notice is taken to be received

(a) in the case of a notice delivered by hand, when so delivered;
(b) in the case of a notice sent by email, seven (7) days after the date the email is sent;

15. Modifications to These Terms and Conditions

15.1 GotNoAgenda reserves the right to change the Terms and Condition Policy at any time. Changes are effective once they are posted on the Website. You should periodically visit this page to review the current terms of this Terms and Conditions Policy.

16. General

16.1 These Terms and Conditions and your use of the Service are governed by the laws of the Commonwealth of Virginia, the United States of America and you irrevocably submit to the jurisdiction of the courts of theCommonwealth of Virginia, the United States of America .

16.2 A provision of or a right created under these Terms and Conditions may not be waived or varied except in writing signed by the party or parties to be bound by the waiver or variation. No single or partial exercise by any party of any right, power or remedy under these Terms and Conditions will preclude any other or further exercise of that or any other right, power or remedy. The rights, powers or remedies provided in these Terms and Conditions are cumulative with and not exclusive of any rights, powers or remedies provided independently of these Terms and Conditions.

16.3 If any provision of these Terms and Conditions is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of these Terms and Conditions to the intent that the invalid or unenforceable provision will be treated as severed from these Terms and Conditions.

16.4 In the interpretation of these Terms and Conditions:

(a) a reference to a person includes a reference to a corporation, firm, association or other entity, and vice versa;
(b) the singular includes the plural and vice versa;
(c) a reference to any gender includes a reference to all other genders;
(d) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning; and
(e) headings are inserted for convenience only and do not affect the interpretation of these Terms and Conditions.

17. Refunds

17.1 Refunds may be given at the discretion of GotNoAgenda.