|TERMS AND CONDITIONS OF Y28.COM FREEMAIL SERVICE
The following expressions shall, unless the context otherwise requires, have the following meaning:-
1. TERMS AND CONDITIONS
The Y28.COM FreeMail Service (the "Service"), is provided to you ("You" or "Your") by Chinese Science & Technology Limited ("CSTL") on (and in consideration for You agreeing to comply with) the following terms and conditions and any operating rules or policies that may be published by CSTL on the Service from time to time (together the "Terms and Conditions").
By clicking on the "I Accept" button, You agree to the Terms and Conditions of the Service listed below.
2. THE SERVICE
CSTL is providing You with a service enabling You to send and receive electronic mail via the Internet on the CSTL system. CSTL does not charge You for the Service. You are responsible for providing Your own access to the Internet, providing all equipment necessary for You to connect to the Internet (including a computer and modem), and paying any associated costs and charges.
To use the Service, You are required to complete the registration form. You undertake to provide true, accurate, current and complete information about You as prompted by the registration form, and to notify CSTL of any changes by amending Your details.
4. USE OF DATA
You agree that CSTL (and/or its agents, sub-contractors or affiliates) may use the information provided by You when registering (the "Data"). In providing the Service You also agree that CSTL may disclose the Data to third parties. CSTL will not, however, disclose details of Your name, mailing address, email address, telephone or facsimile number, or account number, unless authorized by You or CSTL is required to by law, or as otherwise allowed under these Terms and Conditions.
5. USER CONDUCT
You agree to and You warrant that all messages sent and received by You will: (a) comply with all relevant laws and regulations; (b) be solely responsible for the contents of all messages sent and received by You through the Service; (c) refrain from using the Service for illegal purposes or for the transmission or receipt of material that is unlawful, defamatory, obscene, libellous, invasive of another's privacy, tortious, or that infringes or may infringe the intellectual property or other rights of any third party; and (d) refrain from using the Service to transmit or receive "junk mail" or any similar unsolicited mass emails.
You acknowledge and agree that You are solely responsible for any dealings You have with advertisers found on the Service or with any other third party service providers available through or via the Service, including payment for any related goods or services. The terms, conditions, warranties or representations associated with such dealings are solely between You and such advertiser or third party.
You agree that CSTL may in its sole discretion terminate this agreement if it believes You have in any way contravened any of the above provisions
CSTL may wish to change some or all of these Terms and Conditions, or to start charging for the Services or to modify or discontinue (temporarily or permanently) the Service. You will be notified of any such changes by a startup screen describing the changes when You login to the Services at the relevant time. You do not have to accept such changes, but if You do not then CSTL shall be entitled to terminate this agreement with You and to cease providing the Service to You.
You agree that CSTL shall not be liable to You or any third-party for any such change, modification or discontinuance.
CSTL will not monitor, vet, edit or knowingly disclose the contents of any emails transmitted or received by You using the Service, except that You agree CSTL may do so: (a) if required to by law; (b) if necessary to enforce any of these Terms and Conditions; (c) to respond to claims that such contents violate or infringe the rights of third-parties; or (d) to protect the rights or property of CSTL.
You acknowledge that CSTL will have to process all emails in the normal course of providing the Service and may identify at the foot of each email that it has been sent using the Service, but will not alter the content of any email messages.
You are responsible for keeping Your password secure and not disclosing it to third parties. You should not write down or otherwise store Your Password in such place or manner that a person not authorised by You may find it.
You agree to indemnify and keep indemnified CSTL (and its parent, subsidiaries, affiliates, officers and employees) from and against any costs, damages, liabilities and losses (including legal fees) suffered or incurred by CSTL as a result of any claim made by any third party due to or arising out of Your use of the Service, Your connection to the Service or any breach by You of any of Your obligations under these Terms and Conditions.
You agree that CSTL may terminate this Agreement and Your use of the Service if CSTL believes that You have breached any of these Terms and Conditions. You further agree that CSTL may terminate Your use of the Service if You fail to use the Service at least once during any three month period.
You acknowledge and agree that any termination of the Service under any provision of this Agreement may be effected without prior notice, and agree that CSTL may immediately thereafter delete any email files stored by it for You.
11. CSTL'S PROPRIETARY RIGHTS
You acknowledge and agree that the intellectual property rights in the Service (including but not limited to any text, software, music, sound, photographs, graphics, video, or other material made available as part of the Service) shall remain vested in CSTL or its licensors. You are permitted to use the Service and the material and information provided through it only as expressly authorized under these Terms and Conditions, and You may not copy, reproduce, translate, adapt, transmit, distribute, or create derivative works of such material content or information or any part of the Service without express authorization.
The Service is provided on an "as is" and "as available" basis. No conditions, warranties, representations or other terms are made or given by CSTL concerning the availability or performance of the Service and CSTL hereby excludes all such conditions, warranties, representations or other terms whether express or implied, arising by statute or otherwise, including (but not limited to) any implied conditions, warranties, representations or other terms of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement.
In particular, CSTL makes no warranty that the Service will meet Your requirements, that it will be interruption or bug free, timely or secure; as to the results that may be obtained from the use of the Service; as to the accuracy or reliability of any information obtained through the Service; or regarding any goods or services purchased or obtained through or from the Service or any transactions entered into through Service.
CSTL accepts no responsibility for any unintentional deletion or failure to properly store any email messages on Your behalf.
CSTL accepts no responsibility for any costs or damages arising from any interruption, suspension or termination of the Service.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of or from the Service is done at Your own risk and that You will be solely responsible for any damage to Your computer system or loss of data that might occur as a result.
13. LIMITATIONS OF LIABILITY
CSTL shall not be liable (whether in contract, tort, breach of statutory duty or otherwise) for any indirect, special or consequential damages (including, but not limited to, damages for loss of profits, use, or data) resulting from the use or the inability to use the Service, in respect of any goods or services purchased or obtained or messages received or transactions entered into through or from the Service or otherwise arising out of this Agreement even if CSTL has been advised of the possibility of the same.
Except in relation to such liability as has been expressly excluded the maximum aggregate liability of CSTL in contract, tort, statutory duty or otherwise (even where CSTL has been advised of the possibility of such loss or damage) for any loss or damage whatever arising from or in relation to this Agreement shall be limited to HK$1. This limit shall also apply in the event that any exclusion or other provision contained in these Terms and Conditions is held to be invalid for any reason and CSTL becomes liable for loss or damage that would otherwise have been limited.
Nothing in these Terms and Conditions shall exclude or limit CSTL's liability for death or personal injury arising from its negligence or that of its servants, agents or employees.
These Terms and Conditions comprise the entire agreement between You and CSTL and supersede any prior agreements, arrangements or representations relating to the Service.
These Terms and Conditions shall be governed by the laws of Hong Kong SAR and both parties submit to the exclusive jurisdiction of the courts of Hong Kong SAR.
Any notices to be given under these Terms and Conditions shall be made via email to the respective email address of the recipient (except in respect of notices of changes to the Terms and Conditions or any aspect of the Service which may be notified by displaying notices to You generally on the Service).
The failure of CSTL to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of the Terms and Conditions is held by a court of competent jurisdiction to be invalid illegal or unenforceable, such provision shall be deemed to be deleted and the other provisions of the Terms and Conditions shall remain in full force and effect.
You may not assign, transfer, sub-contract or re-sell the Service or any of Your rights and obligations under these Terms and Conditions.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT
AND AGREE TO BE BOUND BY ALL OF ITS TERMS.