|Y28.COM MAIL SERVICE TERMS AND CONDITION
The following expressions shall, unless the context
otherwise requires, have the following meaning:-
"Y28" 1123Y28.COM LIMITED,
under agreement with KANNET LIMITED, a licensed Internet Service
Provider. Both companies are members of the Champion Technology
1. TERMS AND CONDITIONS
The Y28 Mail service (the "Service"),
is provided to you ("You" or "Your") by
Y28.COM Limited ("Y28") 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
Y28 on the Service from time to time (together the "Terms
By using Y28 and clicking on the "I Accept"
button You agree to the Terms and Conditions.
2. THE SERVICE
Y28 is providing You with a service enabling
You to send and receive electronic mail via the Internet on
the Y28 system. Y28 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 Y28 of any changes by amending
4. USE OF DATA
You agree that Y28 (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 Y28 may disclose the Data to third parties.
Y28 will not, however, disclose details of Your name, mailing
address, email address, telephone or facsimile number, or account
number, unless authorized by You or Y28 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 Y28 may in its sole discretion
terminate this agreement if it believes You have in any way
contravened any of the above provisions
Y28 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 Y28 shall be entitled to terminate this agreement
with You and to cease providing the Service to You.
You agree that Y28 shall not be liable to You
or any third-party for any such change, modification or discontinuance.
Y28 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 Y28 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 Y28.
You acknowledge that Y28 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
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
Y28 (and its parent, subsidiaries, affiliates, officers and
employees) from and against any costs, damages, liabilities
and losses (including legal fees) suffered or incurred by Y28
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 Y28 may terminate this Agreement
and Your use of the Service if Y28 believes that You have breached
any of these Terms and Conditions. You further agree that Y28
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 Y28 may immediately thereafter
delete any email files stored by it for You.
11. Y28'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 Y28 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 Y28 concerning
the availability or performance of the Service and Y28 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, Y28 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
Y28 accepts no responsibility for any unintentional
deletion or failure to properly store any email messages on
Y28 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
Y28 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 Y28 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 Y28
in contract, tort, statutory duty or otherwise (even where Y28
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 Y28 becomes liable for loss or damage that
would otherwise have been limited.
Nothing in these Terms and Conditions shall
exclude or limit Y28's liability for death or personal injury
arising from its negligence or that of its servants, agents
These Terms and Conditions comprise the entire
agreement between You and Y28 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
The failure of Y28 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.