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Terms &
Conditions
Shithappens2me.com
User Agreement Terms of Service and Usage By using Shithappens2me.com
you agree to comply with all the terms and conditions outlined below. We
ask that you read this agreement before you register or start using the service.
1.1 You will always provide accurate, and truthful information about
yourself, when you register with Shithappens2me.com and thereafter.
1.2 You will not use the service to send Junk email, also known as
Unsolicited email and Spam. Any
violations of section 1.2 will be subject to all costs to rectify the
situation and cleanup fee of $500 per violation.
Additionally all violations will be reported to the relevant
authorities.
1.3 You will not use the service in an illegal manner such as (but not
limited to) impersonating, sending material that is unlawful, harassing,
threatening and/or infringing of anyone's intellectual and/or privacy
rights.
1.4 You understand and agree that Shithappens2me.com can terminate
and/or change and/or modify your account, the terms of service and
anything that relates to Shithappens2me.com
without prior notification and for any reason.
1.5 You understand and agree that Shithappens2me.com can't and won't be
liable for anything relating and/or resulting from the service and/or
your account such as (but not limited to) loss of email, loss of address
book, misleading email, viruses attacks, you name it. Bottom line is
that usage of Shithappens2me.com is
at your own risk.
2 WHAT IS Shithappens2me.com. Shithappens2me.com is a web based email
service allowing users that ALREADY have a connection to the Internet
(and all the tools necessary to browse the Internet) to compose, send
and receive email directly to a web browser. Shithappens2me.com
basic services are provided at nominal costs which this may
change in the future. Domain hosting of Email will be offered to users
as a paid service ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE The
Shithappens2me.com service (the "Service"), owned by Tradewise
Promotions and operated by Tradewise Promotions is provided to you
("User") under the terms and conditions of this
Shithappens2me.com Agreement and any amendments thereto and any
operating rules or policies (the "AGREEMENT") that may be
published from time to time by Shithappens2me.com . The AGREEMENT
comprises the entire agreement between User and Shithappens2me.com and supersedes any prior agreements pertaining to the subject
matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND
CLICKING THE "I ACCEPT" BUTTON, YOU ARE AGREEING TO BE BOUND
BY THE AGREEMENT.
3. USER'S REGISTRATION OBLIGATIONS In consideration of use of the
Service, User agrees to provide true and accurate information about User
as prompted by the Registration Form, and to update this information on
any change User may have. This information about a User shall be
referred to as "User Data." If any information provided by
User is untrue, inaccurate, not current or incomplete,
Shithappens2me.com has the right to terminate User's account and refuse
User's use of the Service.
4. USE OF USER DATA User agrees that Shithappens2me.com or its designee
may disclose information to third parties about User and User's use of
the Service provided that such disclosures do not include User's name,
mailing address, email address, telephone or facsimile number, or
account number, except as authorized by User or User's representative or
as required by law, or as set forth in Paragraph VII below.
5. MODIFICATIONS TO TERMS OF Shithappens2me.com. Shithappens2me.com may
change the AGREEMENT from time to time. User will be notified of any
such changes by an email describing the changes. By clicking on the
"I Accept" button that follows the posted changes User agrees
to be bound by the modifications to the AGREEMENT. If User does not
click the "I Accept" button, User's account will be
terminated.
6. MODIFICATIONS TO SERVICE . User agrees that Shithappens2me.com shall
not be liable to User or any third-party for any modification or
discontinuance of the Service temporarily or permanently, with or
without notice to User.
7. Shithappens2me.com PRIVACY
POLICY Shithappens2me.com will not monitor, edit or disclose the
contents of a User's email or any other communication based on
Shithappens2me.com, except that User agrees Shithappens2me.com may do
so: (a) as part of the technical processing of the Shithappens2me.com
communication; (b) as required by law or legal process; (c) if necessary
to enforce the AGREEMENT; (d) to respond to claims that such contents
violate the rights of third-parties; (e) to protect the rights or
property of Shithappens2me.com, or others. User acknowledges and agrees
that Shithappens2me.com does not endorse the content of any User
communications and is not responsible or liable for any unlawful,
harassing, , privacy invading, abusive, threatening, harmful, vulgar,
obscene , or otherwise objectionable content, or content that infringes
or may infringe the intellectual property or other rights of another.
8.1 MEMBER ACCOUNT, PASSWORD AND SECURITY User will receive a password
and account designation upon completing the registration process. User
is responsible for maintaining the confidentiality and of anything
relates to User's password and account.. User will promptly notify the
Service of any unauthorized use of User's password or account or any
other breach of security.
8.2
MEMBER ACCOUNT USER NAME Once a User successfully completes the registration
process he\she will be will be granted exclusive title to the user name
subject to the following conditions:
8.2.1
ACCOUNT TO REMAIN CURRENT The Member Account must be current all dues or
renewal fees must be paid in full on or before the due date. Non
paid or Non current accounts will be considered as an immediate
cancellation of the member account by the member/user, thus rendering
the title of the user name as available for sale by another user or new
member. It is the member/users responsibility to maintain the
currency of their account.
8.2.2
EXCLUSIVE RIGHTS TO TITLE FOR USER NAME To maintain a register of
Exclusive User Names the User agreed to abide by the the following rules
for the application and use of a user name:
All
first or surnames names used for a user name are Exclusive once
registered and will remain exclusive subject to registration remaining
current and other terms outlined in this document. There can only be one
steve at shithappens2me.com Example: steve@shithappens2me.com
Variations or other spellings of a name including nicknames or abbreviations
of a name are permitted if the name is available. Examples: steven,
stephen, stevo, stevy, stephens
Only
letters are to be used in a User Name Example: steve@shithappens2me.com
is allowed. The use of numbers or other symbols or characters
either at the beginning of end of a user name is not permitted Example: steve007@shithappens2me.com
or 2steve@shithappens2me.com
is NOT allowed
In
the event a user name is taken Example: steve@shithappens2me.com
the only variation that is permitted is to use the Users Full Name as a
user name Example: stevecitizen@shithappens2me.com
or stevetomascitizen@shithappens2me.com
however in these instances the user name MUST MATCH the details given in
the user registration form.
When
registering a shithappens2me.com user name you must comply with the
above user name rules.
Please
Note any user name found in the shithappens2me.com registry that does
not comply with the above rules will have their account suspended.
The user will be contacted by email at the alternative email
address supplied at time of registration and advised of a breach in the
terms of shithappens2me.com. The user will be given the
opportunity to amend their user name to a name that complies with the
user name rules.
9. MEMBER CONDUCT User agrees to comply with all applicable laws and
regulations in User's use of the Service, and agrees not to interfere
with the use of the Service by other Users. User agrees to be solely
responsible for the contents of User's transmissions through the
Service. User agrees (a) not to use the Service for illegal purposes;
(b) not to interfere with or disrupt the Service or servers or networks
connected to the Service; (c) to comply with all requirements,
procedures, policies and regulations of networks connected to the
Service; and (d) to comply with all applicable laws regarding the
transmission of technical data exported from Australia. User agrees not
to transmit through the Service any unlawful, harassing, libelous,
privacy invading, abusive, threatening, harmful, vulgar, obscene or
otherwise objectionable material of any kind. User agrees not to
transmit any material that violates the rights of another, including but
not limited to the intellectual property rights of another. User agrees
not to transmit any material that violates any applicable local, state,
national, or international law or regulation. User agrees not to attempt
to gain unauthorized access to other computer systems or networks
connected to the Service. Finally, User agrees not to transmit
"junk mail", "spam", "chain letters", or
unsolicited mass distribution of email.
10. INDEMNITY User agrees to indemnify and hold Shithappens2me.com, and
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 connection to the Service, User's violation of the AGREEMENT, or
User's violation of any rights of another.
11.1 NO RESALE OF SERVICE User agrees not to resell the Service or use
of or access to the Service.
11.2
TRANSFER OF TITLE User may sell or give away the title of his/her email
address to another person, example your_name@shithappens2me.com
provided that the Users account is still current and valid. The new
owner of the title must then agree to all the terms and conditions of
service as outlined in this document and further agree to maintain the
member fees associated with the title (member account).
11.3
APPLICATION FOR TRANSFER OF TITLE
User must apply to shithappens2me.com via the online form located
at http://www.shithappens2me.com/transfer.htm
an application/administration fee is payable for all transfers.
Details of current transfer fees are available at the above link.
12. EMAIL STORAGE Shithappens2me.com assumes no responsibility for the
deletion or failure to store email messages. Shithappens2me.com
may establish an upper limit on the size of message storage it
will maintain for User.
13. TERMINATION User agrees that Shithappens2me.com may terminate User's
password, account or use of the Service at its will or if
Shithappens2me.com believes (a) that User has violated or acted
inconsistently with the letter or spirit of the AGREEMENT, or (b) that
User has violated the rights of Shithappens2me.com or other Users or
parties. User acknowledges and agrees that any termination of service
under this Agreement under any provision of this Agreement may be
effected without prior notice, and acknowledges and agrees that
Shithappens2me.com may immediately delete email files in User's account
and bar any further access to such files or the Service.
14. DEALINGS WITH ADVERTISERS User's correspondence, association with or
participation in any kind in promotions of advertisers found on the
Service, are solely between User and such advertiser. User agrees not to
hold Shithappens2me.com 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
Service.
15. LINKS User acknowledges and agrees that Shithappens2me.com is not
responsible for the availability of any links to web sites or resources,
that are presented or provided by the service or by the user and
Shithappens2me.com 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 . User agrees that Shithappens2me.com
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 such external sites or resources.
16. Shithappens2me.com's PROPRIETARY RIGHTS User acknowledges and agrees
that content, including but not limited to text, software, music, sound,
photographs, graphics, video, or other material contained in sponsor
advertisements or information presented to User through the Service or
advertisers is protected by copyrights, trademarks, service marks,
patents, or other proprietary rights and laws. User acknowledges and
agrees that User is permitted to use this material and information only
as expressly authorized by Shithappens2me.com or advertisers, and may
not copy, reproduce, transmit, distribute, or create derivative works of
such content or information without express authorization.
17. DISCLAIMER OF WARRANTIES USER EXPRESSLY AGREES THAT USE OF THE
SERVICE IS AT USER'S SOLE RISK. The service is provided on an "as
is" and "as available" basis. Shithappens2me.com
expressly disclaim all warranties of any kind, whether express or
implied, including, but not limited to the implied warranties of
merchantability, fitness for a particular purpose and non-infringement.
Shithappens2me.com makes no warranty that the service will meet user's
requirements, that the service will be uninterrupted, timely, secure, or
error free; nor does shithappens2me.com make any warranty as to the
results that may be obtained from the use of the service or as to the
accuracy or reliability of any information obtained through the service
or that defects in the software will be corrected. User understands and
agrees that any material and/or data downloaded or otherwise obtained
through the use of or from the service is done at user's own discretion
and risk and that user will be solely responsible for any damage to
user's computer system or loss of data that results from the download of
such material and/or data. Shithappens2me.com
makes no warranty regarding any goods or services purchased or
obtained through or from the service or any transactions entered into
through service. No advice or information, whether oral or written,
obtained by user from shithappens2me.com or through or from the service
or its support team shall create any warranty not expressly stated
herein.
18. LIMITATION OF LIABILITY User agrees that Shithappens2me.com shall
not be liable for any direct, indirect, incidental, special or
consequential damages, resulting from the use or the inability to use
the service or for cost of procurement of substitute goods and services
or resulting from any goods or services purchased or obtained or.
Messages received or transactions entered into through or from
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 zipmail has been
advised of the possibility of such damages. User further agrees that
shithappens2me.com shall not be liable for any damages arising from
interruption, suspension or termination of service, including but not
limited to direct, indirect, incidental, special consequential or
exemplary damages, whether such interruption, suspension or termination
was justified or not, negligent or intentional, inadvertent or
advertent.
19. NOTICE Any notice to
User or to the Service shall be made via either email or regular mail.
The Service may also provide notices of changes to the AGREEMENT or
other matters by displaying notices to Users generally on the Service.
20. GENERAL The AGREEMENT and the relationship between User and
Shithappens2me.com shall be governed by the laws of the State of
Queensland without regard to its conflict of law provisions. User and
Shithappens2me.com agree to
submit to the personal and exclusive jurisdiction of the courts located
within the state of Queensland. The failure of Shithappens2me.com to
exercise or enforce any right or provision of the AGREEMENT shall not
constitute a waiver of such right or provision. If any provision of the
AGREEMENT is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavour to give
effect to the parties' intentions as reflected in the provision, and the
other provisions of the AGREEMENT remain in full force and effect. User
agrees 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 Service or
the AGREEMENT must be filed within one (1) year after such claim or
cause of action arose or be forever barred. The section titles in the
AGREEMENT are for convenience only and have no legal or contractual
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