Terms of Service

Usage of the POPclient (http://www.popclient.com/) service implies consent to the following terms and conditions.

1. Service Usage Requirements

User certifies to POPclient that, if they are an individual, he/she is at least 18 years of age. A minor's parent or legal guardian may authorize a minor's use of User's email account under adult supervision and with assumption of all liabilities resulting from minor's use.

2. Acceptable Use

User may utilize the service for legitimate personal and business purposes, but shall not use the service to conduct any business or activity, or solicit the performance of any activity, which is prohibited by or would violate any applicable law or legal obligation, or for purposes that may create civil or criminal liability, including but not limited to:

1. uses which are defamatory, deceptive, obscene, or otherwise inappropriate;
2. uses that violate or infringe upon the rights of any other person, such as unauthorized distribution of copyrighted material;
3. "spamming", see section 3;
4. threats to or harrassment of another;

If user violates these rules or POPclient learns of other unlawful or harmful use of the service by user, POPclient may take any action deemed oppropriate to prevent this activity from occurring again, including notifying the authorities and suing for damages.
User agrees to avoid using the service knowingly

1. in a manner which significantly and adversely affects the performance or availability to others of the POPclient services, or
2. in a manner that interferes in any way with POPclient's computers or network security, or
3. to attempt to gain unauthorized access to any unrelated person's computer system.

3. Spamming

Spamming is prohibited. Spamming includes the transmission of any form of mail that can be interpreted as junk mail or mail generated via a distribution list which the recipient has not specifically requested. You agree not to use the service for the transmission of "junk mail", "spam", "chain letters", "solicitations" (commercial or non-commercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process.

4. Description of service

POPclient is providing the user with a capability to retrieve information by electronic mail ("email") via World Wide Web and on POPclient's own system from a remote site without the need to create an account on the POPclient system.

POPclient will not charge the user for this service.

The user understands that it is their sole responsibility to:

1. Provide all equipment (modem/computer) necessary to set up the connection to the World Wide Web
2. Provide for own access to the World Wide Web
3. Pay all related telephone service fees in respect with such access
4. Pay all internet service provider's charges in respect with such access
5. Have an email account that supports the POP3 protocol and is not protected behind a firewall (such devices make it impossible for POPclient to access the users email

5. Amendments and Modification to the terms and conditions

POPclient reserves the right to modify this agreement, including changing or adding any fees or surcharges, at any time. Any modification is effective upon five days notice to the user by a posting on the POPclient web site (http://www.popclient.com/). If any modification to the agreement is unacceptable to the user, the user is entitled to immediately terminate this agreement and its use of the service. User's continued use of the service following modification to the agreement shall be conclusively deemed its acceptance of the modification.

6. Privacy Policy

POPclient will stamp the users IP address to every email sent from the system as a means for the recipient to locate the sender. In addition, all information outlined in the posted POPclient Privacy Statement applies here.

7. Indemnification

User agrees to indemnify and hold POPclient and its directors, officers, employees and third-party providers harmless against any claims, liability, damages, costs and expenses (including reasonable attorneys fees) arising from the user's use of the service or a violation of this agreement. In particular, the user acknowledges that it has full responsibility for the content of each message sent using its account.

8. Limited Warranty

User agrees that use of the service is at its sole risk. Neither POPclient, not its employees, affiliates, agents, third-party providers or others, warrant that the use of the service will be uninterrupted or error free; nor do they make any warranty as to the accuracy, reliability or content of any information or service provided through the service. The service is provided on an "as is", "as available", basis without warranties of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by POPclient, its employees, agents, representatives, third-party providers or the like, shall create a warranty.

9. Limited Liability

User agrees that POPclient shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the service or resulting from unauthorized access to or alteration of user's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if POPclient has been advised of the possibility of such damages.

User further agrees that POPclient shall not be liable for any damage arising from interruption, suspension or termination of service or loss of information, including but not limited to direct, indirect, incidental, negligent or intentional, inadverent or advertent.

If the user is dissatisfied with the POPclient service or with the materials available on or through the POPclient service or with any of POPclient's service terms, the user's sole and exclusive remedy is to discontinue using the POPclient service.

POPclient expressly disclaims all warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of merchantability, merchantable quality, correspondence to description and fitness for a particular purpose.

10. Indemnification and Damages Recovery

User agrees to indemnify and hold POPclient, its parents, subsidiaries, affiliates, officers and employees 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 service, user's connetion to the service, the violation of this service terms by user, or the unauthorised use by the user of another user's or third parties' password, or the infringement by the user, or other user of the service using user's computer, of any intellectual property or other right of any person or entity.

Spamming is expressly prohibited and damaging. User agrees with POPclient that damages as a result of spamming or any other action of sending unsolicited email is difficult to quantify and therefore the user agrees to pay POPclient liquidated damages of US$7.00 for each piece of spam or unsolicited email transmitted by the user from the POPclient network.

11. Advertising

User acknowledges that all correspondence with or participation in promotions of the Advertisers showing their products on the service including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding user and the advertiser. POPclient disclaims all liabilities, obligations or responsibilities for any part of any such correspondence or promotion. User agrees not to hold POPclient liable for any loss or damage or any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.