Terms & Conditions of the MailFinity
All users must read and accept the following MailFinity terms and
conditions of service before opening, accessing or continuing to
access a MailFinity account. These terms contain important legal
obligations, limitations and indemnities.
This MailFinity service is provided to individuals
who are at least 16 years old or to minors who have parental consent
to open, access and continue to access a MailFinity account.
MailFinity is provided to individuals only and for personal and
commercial use only. Any resale of the MailFinity service is expressly
Description of Service
MailFinity provides users with a free personal eMail box from which
they may send and receive messages and attachments via the Internet.
MailFinity will endeavour to give you notice of planned downtime
or outages for the maintenance or improvement of the MailFinity
service but cannot guarantee to do so. MailFinity reserves the
right to alter or suspend the MailFinity service, without notice,
at any time.
You may opt to receive advanced eMail and associated services from
MailFinity from time to time. Charges notified to you may be payable
by you for advanced services.
User Account, Password and security
MailFinity require you to enter various confidential account and
password information to gain access to your mailbox. You are entirely
responsible for maintaining the confidentiality of your account
and password. Furthermore you are entirely responsible for any and
all messages, attachments and activities that are undertaken through
You shall notify MailFinity immediately of any unauthorised use
of your account or any other breach of security. MailFinity will
not be liable for any loss that you may incur as a result of someone
else using your account and password, either with or without your
knowledge. However you could be held liable for losses incurred
by MailFinity, its associates or any other person due to someone
else using your account and password. You shall not use any other
persons account at any time.
You may change your confidential password whenever you wish to
by using the appropriate facility within the system.
Virus Disclaimers and Indeminity
MailFinity accepts no liability whatsoever for users or recipients
costs, claims, damages or expenses in respect of any virus infection
or dissemination however arising in connection with the MailFinity
You agree to indemnify and hold MailFinity and its associates
free from any liability either from direct, indirect, incidental,
special, consequential, or exemplary damages, including (without
limitation) compensatory damages, loss of data, loss of goodwill,
loss of use, income or profit loss, or other intangible losses (even
if MailFinity has been advised of the possibility of such damages)
and all other costs, claims and expenses in respect of any virus
infection or dissemination however arising in connection with your
use of the MailFinity service.
You understand and agree that the MailFinity service is provided
by MailFinity on an AS IS and that MailFinity assumes no liability
for the security, encryption, disclosure, timeliness, deletion,
delayed, missed or failed delivery of or failure to store your or
any other persons messages, attachments or personalised settings.
MailFinity may in the future introduce advanced encryption and
digital signature facilities to users for a set charge. If this
option is taken up users will be required to go through an authentication
process, yet to be defined.
Use of Service
You are solely responsible for your messages and attachments sent
or received through MailFinity.
You agree that you will not use the MailFinity service for any
purpose that is unlawful or prohibited by these Terms and that you
will comply with all local, state, national and international laws
and regulations arising in connection with MailFinity.
You shall not use MailFinity in any way that may damage, interfere
or overburden the MailFinity service, any other connected networks
or interfere with any other lawful use of MailFinity by other persons.
You shall not attempt to gain unauthorised access to any other MailFinity
accounts of other persons by any means.
You agree that when using MailFinity, you shall not:
(i) send unsolicited messages or attachments,
SPAM, chain letters, surveys, contests (commercial or otherwise);
(ii) defame, abuse, harass, stalk, threaten or
otherwise violate the privacy or other legal rights of other persons;
(iii) distribute, post or disseminate any inappropriate,
profane, indecent, obscene, vulgar, defamatory, libellous, tortious,
infringing, hateful, unlawful or racially, ethnically or otherwise
objectionable topic, messages or attachments;
(iv) send messages or attachments that contain
viruses, Trojan horses, worms, time bombs or any other software
that may damage, disrupt or interfere with the operation of other
persons computer or the software, data or property of another;
(v) interfere with or restrict any other persons
access to MailFinity;
(vi) violate any code of conduct or other guidelines
of other communication services;
(vii) violate any applicable laws or regulations
of any applicable jurisdiction; or
(viii) create any false identities for the purpose
of misleading other persons or impersonate any other person otherwise
misrepresent your affiliation with any other person.
MailFinity reserves the right to disclose any messages, attachments,
or information held by it in order to, in its reasonable opinion,
satisfy any applicable law, regulation, legal process or governmental
request in any jurisdiction or to protect and defend the rights
and property of MailFinity or its associates, or other users of
the MailFinity service. MailFinity retains details of users passwords
in order to provide help and administration of accounts.
Terminiation of your Account
MailFinity reserves the right, at its sole discretion, to terminate
your MailFinity account and access to MailFinity at any time, without
Your MailFinity account and access may be terminated immediately,
without notification, if MailFinity, at its sole discretion, believes
you to be transmitting or otherwise connected with the communication
of unsolicited bulk eMail. In addition to termination, in such circumstances,
you agree to pay to MailFinity upon demand liquidated damages of
10 (Sterling) for each item of SPAM or unsolicited bulk eMail transmitted
from or otherwise associated with your MailFinity account.
Your MailFinity account and access may be terminated immediately
(without prejudice to MailFinitys other rights in respect of any
breach), without notification, if MailFinity, at its sole discretion,
believes you to be in breach of these Terms.
Your MailFinity account and access may be terminated immediately,
without notification, if your MailFinity account remains or becomes
dormant for a period exceeding 60 days.
Upon termination, MailFinity shall have no further obligations
to you including (without limitation to the generality of the foregoing)
to maintain any content or to forward any unread or unsent messages
or attachments to you or any other person.
Disclaimer of Warranties
You expressly understand and agree that:
To the fullest extent permitted at law, MailFinity is providing
the MailFinity service and your use of the MailFinity service is
on an AS IS basis. MailFinity makes no and explicitly disclaims
all representations or warranties of any kind including but not
limited to the implied warranties of merchantability, fitness for
a particular purpose and non-infringement with respect to the MailFinity
Without limitation to the generality of the foregoing,
MailFinity makes no warranty that:
(i) the MailFinity service will meet your requirements;
(ii) the MailFinity service will be uninterrupted,
timely, secure or error free; or
(iii) any errors in the software providing the
MailFinity service will be corrected.
The downloading or viewing of any or attachments is done at your
own discretion and risk and you are solely responsible for any damage
to your or any other persons computer or loss of data that results
from such downloading.
No advice or information, whether oral or written, obtained by
you from MailFinity or from the MailFinity service shall create
any warranty unless otherwise expressly stated in these Terms.
Limitation of Liability
You expressly understand and agree that, except as specifically
stated in these Terms, to the fullest extent permitted by law, neither
MailFinity nor any of its associates will be liable for damage
arising out of, or in connection with, your use of the MailFinity
service. This is a comprehensive limitation of liability that applies
to any direct or indirect, incidental, special, consequential, or
exemplary damages, including (without limitation) compensatory damages,
loss of data, loss of goodwill, loss of use, income or profit loss
or other intangible losses (even if MailFinity has been advised
of the possibility of such damages) and all other costs, claims
and expenses resulting from:
(i) the use or the inability to use the MailFinity
(ii) the cost of procurement of substitute goods
and services resulting from any message or attachment received or
sent purportedly through the MailFinity service;
(iii) unauthorised access to or alterations or
loss or delay of your messages or attachments; or
(iv) damage to property and claims of third parties;
(v) any other matter relating to the MailFinity
You agree to indemnify and hold MailFinity and its associates,
affiliates, directors, employees, co-branders, subsidiaries, subcontractors,
agents, and other representatives harmless from any cost, claim,
damages, demands and expenses, including (without limitation to
the generality of the foregoing) any legal fees sought by any third
party due to or however arising out of your messages and attachments
that you communicate or make available through the MailFinity service,
your use of the MailFinity service, your connection to the MailFinity
service, your violation of these Terms or your violation of any
rights of any other persons.
You are authorised under any such intellectual property rights
solely for the purpose of accessing and utilising your MailFinity
account in accordance with these Terms upon a non-exclusive, non-transferable,
revocable basis. Any authorisations or rights not expressly granted
to you by these Terms are reserved to MailFinity.
Amendment of Terms
MailFinity provides the MailFinity service subject to these Terms
they may be updated from time to time by MailFinity without notice
to you. You will be deemed to accept the updated Terms by continuing
to access the MailFinity service after any and all such updates.
Your personal data will be used and/or disclosed by MailFinity
and its associates for the purposes of providing and improving the
MailFinity service and also more generally in accordance with these
Terms. MailFinity and its associates wish to use your personal
data for direct marketing purposes, particularly to identify and
offer to you goods and/or services provided by MailFinity or its
associates from time to time. You are asked to consent to such use
by selecting the appropriate opt in box set out in the registration
A cookie is a small piece of data that is sent to your browser from
a web server and stored on your computers hard drive. The use of
cookies is an industry standard and many major web sites use them
to provide useful features for their customers. They enable you
to personalise your settings for messages and attachments.
Our cookies do not personally identify you, although they do identify
your computer. The cookie and stored information will be deleted
automatically shortly after you exit or quit your browser.
Most browsers are initially set to accept cookies. If you prefer,
to take full advantage of the MailFinity service and mailfinity.net
web site if you do so.
All Notices to be given to MailFinity or to you under these Terms
shall be by eMail and shall be deemed to have been received upon
transmission from the relevant MailFinity account.
Invalidility and Serverability
If any provision of these Terms is determined to be invalid or unenforceable
for any reason, then the remaining provisions shall remain unaffected
and in full force and effect. You and MailFinity agree to attempt
to substitute for any invalid or unenforceable provision, a valid
or enforceable provision which achieves to the greatest extent possible
the economic, legal and commercial objectives of the invalid and
Assignment and Subcontracting
MailFinity reserves the right at its sole discretion to assign,
transfer and/or sub-contract or otherwise part with its rights and
obligations under these Terms or any part thereof to any other entity.
These Terms and your MailFinity account are personal to you and
may not be assigned by you.