Terms and Conditions of Service - Feb 27th 2005
You acknowledge Cwazy may use any means it sees fit to prevent users sending spam, illegal messages and / or emails in anyway related to advance fee fraud.You also acknowledge Cwazy may use techniques including but not limited to keyword matching to prevent spam, illegal messages and / or emails in anyway related to advance fee fraud.
You acknowledge messages may be delayed by techniques Cwazy uses to prevent spam, illegal messages and / or emails in anyway related to advance fee fraud.
You acknowledge and agree any messages you send may be monitored provided your messages are only monitored to prevent spam, illegal messages and / or emails in anyway related to advance fee fraud.
You agree any emails you send that are found to contain spam, illegal messages and / or emails in anyway related to advance fee fraud may be disclosed and distributed by Cwazy to but not limited to, your ISP, any police forces Cwazy sees fit and the Central Bank of Nigeria.
You agree if you send spam, illegal messages and / or emails in anyway related to advance fee fraud Cwazy may disclose any information about or belonging to you it sees fit including but not limited to; your IP address, any of your email addresses, your name and address and all of your private and / or public communications.
You are responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your password or account.
You agree to immediately notify Cwazy of any unauthorized use of your password or account or any other breach of security.
Cwazy reserves the right to suspend or terminate your account and to discontinue the Service at any time. In addition, if your account is inactive for more than one quarter of a year (3 months), your account may be terminated and your e-mail messages, information, and other materials associated with your account ("content") may be permanently deleted.
The amount of e-mail storage space per member is currently limited to 305MB.
Cwazy has no obligation to retain the content of any e-mail or user session.
Please be aware that content may not be recoverable if lost or destroyed.
You agree that Cwazy has no liability or responsibility for the deletion, loss, or failure to store any content.
Cwazy shall have no obligation to provide support to you for the Service.
Cwazy respects the privacy of its members. Cwazy will not monitor or disclose the contents of private e-mail communications, or disclose other identifiable information about you or your private communications, unless it is authorized by law.
You are responsible for the content and activities that occur under your password or account.
You agree that you will not use the service for chain letters, junk mail, "spamming" or for any illegal or immoral purpose.
You will not place or transmit any information or materials unless you are legally entitled to do so without violating the rights of others, including any intellectual property rights.
The e-mail addresses of Cwazy subscribers are not for sale or commercial distribution by third parties without the prior express consent of the subscriber.
You agree not to misrepresent your identity or impersonate others using the services.
You agree not to use another site's mail service to relay mail without the prior express permission of the site.
You agree that we may discard or reject any e-mail that is addressed to you that does not pass our anti-spam checks and acknowledge Cwazy's servers may be configured from time to time to reject incoming mail for any reason considered appropriate by Cwazy's staff.
You agree to pay Cwazy ten pounds sterling (£10 GBP) for EACH e-mail sent that could be considered SPAM.
Cwazy currently uses the following definition for SPAM;
"Email that could be considered advertising or a solicitation sent to someone who has not explicitly consented to receiving mail from you and with whom you do not have a current business relationship."
This liquidated damages provision will not preclude Cwazy from seeking other types of relief including but not limited to consequential, actual and punitive damages.
Cwazy reserves the right to terminate your account and/or your access to the service at any time with or without cause and without notice.
Cwazy does not represent or warrant that the service will be uninterrupted or error-free or that defects will be corrected. Materials and information provided on this service are provided "as is" and "as available" with all faults and without warranty of any kind, expressed or implied, including those of merchantability and fitness for a particular purpose, or arising from a course of dealing, usage or trade practice. Cwazy makes no warranties or representations regarding the accuracy or completeness of the information.
CWAZY AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CWAZY AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL CWAZY OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold Cwazy, its 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 your use of this Service, the violation of the Terms of Service by you, the infringement by you of any intellectual property or other right of any person or entity.
This agreement is governed by the laws of England in the United Kingdom of Great Britain. You hereby consent to the exclusive jurisdiction and venue of the courts in York, Yorkshire, England in all disputes arising out of or relating to the use of this Service. Use of this Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation, this paragraph. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement comprises the entire agreement between you and Cwazy with respect to this Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Cwazy with respect to this Service. Cwazy's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Cwazy in writing. Any rights not expressly granted herein are reserved.
Cwazy reserves the right to change or modify these terms of service at any time without notice. You agree not to transmit any information through the service that infringes another person's or entity's intellectual property rights, including but not limited to copyright, trademark, trade secret, right of privacy or publicity, and patent.
You agree not to transmit, using the service, any defamatory, obscene, pornographic or otherwise illegal or objectionable information. Transmission of such information includes but is not limited to transmission of information that would violate local, state, national, and international law or give rise to civil or criminal liability.
