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TERMS AND CONDITIONS APPLICABLE FOR EMAIL SERVICE OF
BOMBAYVIKINGS.COM
Welcome to BombayVikings.com’s Mail. BombayVikings.com
provides e-mail services (the "Services") pursuant to the terms and
conditions set forth below.
1. Modification of Terms of Service: bombayvikings.com may change the terms and
conditions of the Service upon which bombayvikings.com will notify you of the
changes.
2. Subscriber Conduct. SPAMMING IS PROHIBITED. Spamming includes the
transmission of any form of mail that can be interpreted as junk mail or mail
generated via a distribution list which the recipient has not specifically
requested. bombayvikings.com will immediately terminate the service/ any
email account, which it believes, in its sole discretion, is transmitting or
is otherwise connected with any spam or other unsolicited bulk email. You
agree you are solely responsible for your content and you acknowledge
BombayVikings.com Mail acts as a passive conduit for the distribution and
transmission of your data. You represent and warrant the content you provide
to BombayVikings.com Mail (a) does not infringe on any third party's
intellectual property or proprietary rights or rights of publicity or
privacy; (b) does not violate any law, statute, ordinance or regulation; (c)
is not defamatory, trade libelous, pornographic or obscene; or (d) does not
contain viruses or other similar harmful or deleterious programming routines.
If you violate this provision you will be penalised up to and including
termination of your rights to use the service and any other remedies available
to bombayvikings.com by law.
3. Registration Data. In consideration for the Service, you agree to provide
BombayVikings.com Mail current,
complete, and accurate registration information (the "Registration
Data") as prompted to do by the Service and to maintain and update this
information as required to keep it current, complete and accurate. You
understand the BombayVikings.com Mail Service is advertising supported and
you grant bombayvikings.com the right to disclose the aggregate Registration
Data to third parties in connection with marketing the Services. Furthermore,
bombayvikings.com may itself use your individual Registration Data to provide
targeting of advertisements and other Service offers.
4. Privacy. Except as provided in Section 2 above, BombayVikings.com Mail
will not intentionally monitor or disclose any private e-mail message or
address information unless required by law, enforcement agencies, regulation
or court order. You agree to respect the privacy and confidentiality of
others.
5. Personal Use & Security . You acknowledge your right to use the
Service is personal to you. You agree not to resell or make any commercial
use of the Service without the express consent of BombayVikings.com Mail. You
are entirely responsible for not maintaining the confidentiality of your
password and account. You shall be fully liable for all use of your account,
including any unauthorized use of your account by any third-party.
6. Indemnification. You agree to defend, indemnify and hold harmless BombayVikings.com
Mail and BombayVikings.com, its employees, directors, officers, agents and
their successors and assigns from and against any and all liabilities,
damages, losses, costs and expenses, including attorney's fees, caused by or
arising out of claims based upon the use of your account, including any claim
of libel, defamation, violation of rights of privacy or publicity, loss of
service by other subscribers and infringement of intellectual property or
other rights.
7. Terms. This Agreement shall continue in full force and effect for so long
as you are using the Services. Either you or BombayVikings.com may terminate
the service at any time, with or without cause. The provisions of Sections 2,
6 and 12 shall survive any such termination.
BombayVikings.com reserves the right, in its sole discretion, to terminate
your access to the services and the related services or any portion thereof
at any time, without notice.
BombayVikings.com may also terminate or suspend your access to the services
for inactivity, which is defined as failing to log into a particular service
for an extended period of time, as determined by BombayVikings.com.
If you do not log on for a month, then BombayVikings.com has the right to
delete your account.
BombayVikings.com shall have no obligation to maintain any content or to
forward any unread or unsent messages to you or any third party.
8. Disclaimer of Warranties. YOU EXPRESSLY AGREE THE USE OF THE SERVICE IS AT
YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. BOMBAYVIKINGS.COM EXPRESSLY DISCLAIMS 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. BOMBAYVIKINGS.COM MAKES NO WARRANTY THE SERVICES WILL MEET
YOUR REQUIREMENTS, OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE; NOR DOES BOMBAYVIKINGS.COM MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL
BE CORRECTED. YOU UNDERSTAND AND AGREE ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL AND/OR DATA. BOMBAYVIKINGS.COM MAKES NO WARRANTY REGARDING ANY GOODS
OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS
ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, WHICH YOU OBTAIN FROM BOMBAYVIKINGS.COM MAIL OR THROUGH THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ACKNOWLEDGE THAT BOMBAYVIKINGS.COM SITE MAY CONTAIN LINKS TO OTHER WEB
SITES OPERATED BY THIRD PARTIES ("LINKED SITES"). YOU ACKNOWLEDGE
THAT, WHEN YOU CLICK ON A LINK TO VISIT A LINKED SITE, A FRAME MAY APPEAR
THAT CONTAINS THE BOMBAYVIKINGS.COM LOGO, ADVERTISEMENTS AND/OR OTHER CONTENT
SELECTED BY BOMBAYVIKINGS.COM. YOU ACKNOWLEDGE THAT BOMBAYVIKINGS.COM AND ITS
SPONSORS NEITHER ENDORSE NOR ARE AFFILIATED WITH THE LINKED SITE AND ARE NOT
RESPONSIBLE FOR ANY CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A
LINK SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. YOU ALSO ACKNOWLEDGE THAT
BOMBAYVIKINGS.COM IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE.
BOMBAYVIKINGS.COM DOES NOT ENDORSE IN ANYWAY ANY ADVERTISERS/ CONTENTS OF
ADVERTISERS ON ITS WEBPAGES. PLEASE THEREFORE VERIFY THE VERACITY OF ALL
INFORMATION ON YOUR OWN BEFORE UNDERTAKING RELIANCE AND ACTIONING THEREUPON.
BOMBAYVIKINGS.COM SHALL NOT BE RESPONSIBLE NOR LIABLE FOR ANY CONSEQUENTIAL
DAMAGES ARISING ON ACCOUNT OF YOUR RELYING ON THE CONTENTS OF THE
ADVERTISEMENT.
9. Limitation of Liability. BOMBAYVIKINGS.COM SHALL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR INTERRUPTED
COMMUNICATIONS, LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT, EVEN IF BOMBAYVIKINGS.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF
LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Mail Storage. The Service shall include a maximum of 6 megabytes of free
e-mail storage per subscriber. Any individual e-mail message larger than 6
megabytes may or may not be processed.
You agree that BombayVikings.com may establish limits concerning use of the
Services offered on BombayVikings Web Site, including without limitation the
maximum number of days that e-mail messages will be retained by the Services,
the maximum number of e-mail messages that may be sent from or received by an
account on the Services, the maximum size of an e-mail message that may be
sent from or received by an account on the Services, the maximum disk space
that will be allotted on BombayVikings.com's servers on your behalf, and the
maximum number of times and duration you may access any Services in a given
period of time.
You agree that BombayVikings.com has no responsibility or liability for the
deletion, corruption or failure to store any messages or other content
maintained or transmitted by the Services. You acknowledge that
BombayVikings.com reserves the right to log off accounts that are inactive
for an extended period of time.
BombayVikings.com makes no warranty that any services will be uninterrupted,
timely secure or error-free.
11. Proprietary Rights to Content. You acknowledge that content, including
but not limited to text, software, music, sound, photographs, video, graphics
or other material contained in either sponsor advertisements or E-mail
distributed, commercially produced information presented to you by
BombayVikings.com Mail or BombayVikings.com Mail's suppliers, is protected by
copyrights, trademarks, service marks, patents or other proprietary rights
and laws. You are permitted to use this content as authorised by the Service
or the Advertiser.
12. Miscellaneous. This agreement will be governed by and construed in
accordance with the laws of India without giving effect to principles of
conflict of laws. If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions
shall be enforced. bombayvikings.com's failure to act with respect to a
breach by you or others does not waive its right to act with respect to
subsequent or similar breaches. This Agreement sets forth the entire
understanding and agreement between you and bombayvikings.com
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