Terms & Conditions
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Terms and Conditions of the JerseyMail Service All users must read and accept the following JerseyMail terms and conditions of service before opening, accessing or continuing to access a JerseyMail account. These terms contain important legal obligations, limitations and indemnities. Eligibility This JerseyMail service is provided by Jersey Post to individuals who are at least 18 years old or to minors who have parental consent to open, access and continue to access a JerseyMail account. JerseyMail is provided to individuals only and for personal and commercial use only. Any resale of the JerseyMail service is expressly prohibited. Description of Service JerseyMail provides users with a free personal eMail box from which they may send and receive messages and attachments via the Internet. Jersey Post will endeavour to give you notice of planned downtime or outages for the maintenance or improvement of the JerseyMail service but cannot guarantee to do so. Jersey Post reserves the right to alter or suspend the JerseyMail service, without notice, at any time. You may opt to receive advanced eMail and associated services from Jersey Post from time to time. Charges notified to you may be payable by you for advanced services. User Account, Password and security JerseyMail 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 your account. You shall notify Jersey Post immediately of any unauthorised use of your account or any other breach of security. Jersey Post 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 Jersey Post, 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 Jersey Post 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 JerseyMail Service. You agree to indemnify and hold Jersey Post 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 Jersey Post 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 JerseyMail service. Disclaimer You understand and agree that the JerseyMail service is provided by Jersey Post on an AS IS and that Jersey Post 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. Future Functionality Jersey Post 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 JerseyMail. You agree that you will not use the JerseyMail 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 JerseyMail. You shall not use JerseyMail in any way that may damage, interfere or overburden the JerseyMail service, any other connected networks or interfere with any other lawful use of JerseyMail by other persons. You shall not attempt to gain unauthorised access to any other JerseyMail accounts of other persons by any means. You agree that when using JerseyMail, 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 JerseyMail; (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. Disclosures Jersey Post 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 Jersey Post or its associates, or other users of the JerseyMail service. Jersey Post retains details of users passwords in order to provide help and administration of accounts. Jersey Post may be required to provide copies of data on receipt of a Court order obtained in Jersey, Guernsey, Isle of Man or any other jurisdiction. Message Storage, Message Sending and Message Limitations The amount of storage space available for each user is normally limited to 5MB. Some of your messages and attachments may not be processed due to space constraints or outbound message limitations. You agree that Jersey Post is not responsible for or liable for the deletion of or failure to process or store messages or attachments. You may purchase additional storage space from Jersey Post. Jersey Post reserves the right at its absolute discretion to restrict the volume of messages and attachments sent or received by you. Terminiation of your Account Jersey Post reserves the right, at its sole discretion, to terminate your JerseyMail account and access to JerseyMail at any time, without notice. Your JerseyMail account and access may be terminated immediately, without notification, if Jersey Post, 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 Jersey Post upon demand liquidated damages of 10 (Sterling) for each item of SPAM or unsolicited bulk eMail transmitted from or otherwise associated with your JerseyMail account. Your JerseyMail account and access may be terminated immediately (without prejudice to Jersey Posts other rights in respect of any breach), without notification, if Jersey Post, at its sole discretion, believes you to be in breach of these Terms. Your JerseyMail account and access may be terminated immediately, without notification, if your JerseyMail account remains or becomes dormant for a period exceeding 60 days. Upon termination, Jersey Post 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. Governing Law These Terms are governed by and shall be construed in accordance with the law of Jersey and the Jersey Courts shall have exclusive jurisdiction in respect of any dispute or claim arising in relation to these Terms. Your contract with Jersey Post to provide the JerseyMail service to you shall be formed under these Terms in Jersey upon Jersey Post notifying its acceptance of your confidential account and password as initially required by Jersey Post from you to open your JerseyMail account. Disclaimer of Warranties You expressly understand and agree that: To the fullest extent permitted at law, Jersey Post is providing the JerseyMail service and your use of the JerseyMail service is on an AS IS basis. Jersey Post 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 JerseyMail service. Without limitation to the generality of the foregoing, Jersey Post makes no warranty that: (i) the JerseyMail service will meet your requirements; (ii) the JerseyMail service will be uninterrupted, timely, secure or error free; or (iii) any errors in the software providing the JerseyMail 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 Jersey Post or from the JerseyMail 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 Jersey Post nor any of its associates will be liable for damage arising out of, or in connection with, your use of the JerseyMail 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 Jersey Post 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 JerseyMail service; (ii) the cost of procurement of substitute goods and services resulting from any message or attachment received or sent purportedly through the JerseyMail 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; or (v) any other matter relating to the JerseyMail service. Indemnity You agree to indemnify and hold Jersey Post 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 JerseyMail service, your use of the JerseyMail service, your connection to the JerseyMail service, your violation of these Terms or your violation of any rights of any other persons. Copyrights and Trademarks The contents of the JerseyMail service are Copyright 1997 - 2001 of Jersey Post and/or its associates and trading partners. Jersey Post and JerseyMail are the trademarks of Jersey Post. All other intellectual property rights however arising in or to the JerseyMail service are (as between Jersey Post and you) owned by Jersey Post. You are authorised under any such intellectual property rights solely for the purpose of accessing and utilising your JerseyMail 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 Jersey Post. Amendment of Terms Jersey Post provides the JerseyMail service subject to these Terms they may be updated from time to time by Jersey Post without notice to you. You will be deemed to accept the updated Terms by continuing to access the JerseyMail service after any and all such updates. You can review the most current version of these Terms at www.JerseyMail.co.uk or www.jerseypost.com. Data Protection Jersey Post is registered for data protection purposes under the Data Protection (Jersey) Law 1987 and complies with the applicable data protection principles. Your personal data will be used and/or disclosed by Jersey Post and its associates for the purposes of providing and improving the JerseyMail service and also more generally in accordance with these Terms. Jersey Post 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 Jersey Post 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 pages Use of Cookies Please note we use cookies for administrative and security purposes. 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, you can set yours to refuse cookies. However, you may not be able to take full advantage of the JerseyMail service and jerseypost.com web site if you do so. Notices All Notices to be given to Jersey Post or to you under these Terms shall be by eMail and shall be deemed to have been received upon transmission from the relevant JerseyMail 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 Jersey Post 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 unenforceable provision. Assignment and Subcontracting Jersey Post 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 JerseyMail account are personal to you and may not be assigned by you.
