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30Gigs.com Terms of Conditions
30Gigs.com is a free, 30 gigabytes of storage, which empowers users with extraordinary capacity, flexibility and security today and into the future.
IF YOU ARE UNDER THE AGE OF 13 YOU ARE NOT ELIGIBLE TO USE THE SERVICE, AND WE ASK YOU NOT TO SUBMIT ANY PERSONAL INFORMATION TO US, AND NOT TO USE OUR SERVICE.
BY CLICKING THE I AGREE BUTTON AND/OR USING OUR SERVICE AND/OR PRODUCTS, YOU DECLARE YOU ARE OVER THE AGE OF 13 THAT ALL THE INFORMATION SUBMITTED BY YOU IS CORRECT AND TRUE.
1. Scope and Description of Service. 30Gigs.com mail is a free email account offered by 30Gigs.com (the “Service”).
PLEASE NOTE THAT THE SERVICE MAY INCLUDE advertisements and commercial content and materials. BY USING THE SERVICE YOU HEREBY AGREE TO SUCH INCLUSION AND RECEIPT OF ADVERTISMENTS AND COMMERCIAL MATERIALS.
The Service and any related features (including without limitation the anti-spam and anti-virus features), provided by 30Gigs.com may change from time to time. 30Gigs.com reserves the right to amend, discontinue and/or terminate the Service.
2. Password and Security. 30Gigs.com takes the users privacy seriously and requests your cooperation. You are responsible for maintaining the confidentiality of your password and any additional identifying information required for your use of the Service and for ensuring that you exit or log-off from your account at the end of each session of use. 30Gigs.com Aims to provide a secure environment but cannot completely guarantee the security of data hosted, received, sent and/or managed through the Service (“Data”). The Data stored, transferred, posted, managed and received under your username and password, is considered your responsibility. We ask that you promptly notify 30Gigs.com of security breach or problem related to the Service, including but not limited to unauthorized use of your password or account.
3. Control of Content and Data. You are responsible for all Data stored, transmitted, posted and/or managed by you, and for any use by you or by any other third party of such Data. For the avoidance of doubt, 30Gigs.com shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store such Data nor for any use of such Data by you or by any other third party.
4. User Conduct. 30Gigs.com is committed to aiming to provide a useful and trustworthy “clean” environment and the users who wish to use the service are therefore required to contribute in their behavior to such aims. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with the Service and your use thereto, including, but not limited to the CAN-SPAM Act or any other applicable anti-spam law. In addition, without limitation, you agree not to use the Service to: (a) or in connection with sending or facilitating unsolicited or unauthorized advertising, promotional materials, junk mail, Spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise, including, but not limited to, sending emails to users who have requested to be removed from a mailing list, sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship, sending unauthorized mail via open, third-party servers or imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending Spam; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent, or sell, exchange or distribute, to a third party, any such information, without such user’s approval and continued consent to such disclosure; (c) upload, send, distribute or transmit through or post on or manage under the Service, or offer to do the same with respect to unlawful, harassing, libelous, abusive, harassing, tortuous, defamatory, threatening, harmful, abusive, libelous, invasive of another’s privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) store/transmit/post/manage any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity, or remove any copyright, trademark or other proprietary rights notices contained in or on the Service; (e) store/transmit/post/manage/ distribute any material that contains software viruses or other harmful, deleterious or corrupted computer code, files or programs such as trojan horses, worms, time bombs, cancelbots, or hoaxes; (f) interfere with or disrupt servers or networks connected to the service or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to any web property, including but not limited to, the service, other accounts, email addresses, computer systems or networks connected to the service, through password mining or any other means; (h) harass or interfere with another user’s use and enjoyment of the Service, such as impersonating another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email, including by creation of multiple user accounts or accounts by automated means or under false or fraudulent pretenses; (i) to otherwise misuse or abuse 30Gigs.com’s system or 30Gigs.com’s system resources, including without limitations, reformatting, framing, modification, adaptation, translation, or reverse engineering of any portion of the Service, or any storage space, or bandwidth; or (j) Promote or encourage any illegal activity, including, but not limited to, conducting or forwarding pyramid schemes and the like, or any use of the Service to violate the legal rights (such as rights of privacy and publicity) of others, or in connection with illegal peer-to-peer file sharing.
5. Measures and Enforcement. You hereby agree, that if 30Gigs.com believes, in its own discretion, that you may be connected with any unauthorized activities specified under Section 4 above, 30Gigs.com may be required to disclose such a conduct and the suspected infringing user’s Data and/or information to the proper authorities. Without limiting the foregoing, 30Gigs.com has no obligation to monitor the Data or any user’s use thereof or retain the content of any user session. However, 30Gigs.com reserves the right at all times to use various technological measures (such as: client-server procedures), and you hereby agree to 30Gigs.com’s use of such measures in order to monitor, review, retain and/or disclose your account information including its Data and related Information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or in order to respond to service or technical problems or needs.
6. Third Party’s Content. While, the Service enables you to store, manage and allow access to third parties’ content from a computer with an Internet connection, 30Gigs.com does not control such third parties’ content of files and information that may be transmitted, stored, posted and/or managed through the use of the Service. 30Gigs.com does not endorse, the content of any such third Party’s information or data or the Data stored under any account, accessed through the use of the Service, and does not warrant or guarantee that such information or Data is free of errors or viruses. 30Gigs.com shall not be responsible for the accuracy, completeness, legality, legitimacy or any other aspect of the Data stored and managed through the use of the Service, nor to the right to store/ post/ transmit and/or manage such Data through the use of the Service. The use of any third parties’ content, information or Data is at your sole responsibility and 30Gigs.com explicitly disclaims any responsibility to the use or misuse of
7. Proprietary Rights. 30Gigs.com, and/or 30Gigs.com’s licensors, retain sole and exclusive ownership of all rights, title and interests in the Service and all intellectual property rights relating thereto, including without limitation issued patents and pending patent applications with respect to the Service and the technology related thereto. Title and related rights in the content managed through the Service is the property of the applicable content owner and are protected by applicable law. Without limitation to these terms, you also agree that you will not deploy or allow the use of any automated devices or tools or any manual processes to monitor, copy or examine any part or form of the Service
8. Your Intellectual Property Rights. 30Gigs.com does not claim an ownership right in any of the content that you upload, send, store or use in your account.
9. Representations and Warranties. You warrant that any and all information provided by you to 30Gigs.com in connection with the Service is correct and that you are the owner of any right or authority required to bind you under the provisions of this Terms and perform any acts required thereof.
10. Advertisements. As consideration for your use of the Service, 30Gigs.com shall display advertisements and commercial content and materials based only on the demographic and geographic information you provided. In addition, 30Gigs.com highlights predetermined keywords within an e-mail. These links lead to paid content. 30Gigs.com specifically disclaims all liability and warranty with regards to such third party materials, ads, promotions links etc.
11. Account Inactivity. 30Gigs.com may, at its sole discretion and without prior notice, terminate or disable your account due to its inactivity, if such account has been unused for a period exceeding Three (3) months. Upon such termination 30Gigs.com may reassign the email address associated with such account to any other user at its sole discretion.
12. Publicity. Any use of 30Gigs.com’s Trademarks (as defined hereunder) must be in compliance with 30Gigs.com’s Trademark guidelines, which may be modified from time to time, located at www.30Gigs.com.com (or such other URL as 30Gigs.com may provide) and with any applicable law.
Trademarks shall mean all service marks, trademarks, logos, domain names, and other distinctive brand features, whether registered or not.
13. Termination; Cancellation. This Agreement shall commence upon the sooner of (a) your click of the “I AGREE” button; or (b) your first use of or access to the Service.
Without limiting any of the above or the foregoing, either party may terminate this Agreement at any time, for any reason, by giving a written notice to the other party.
30Gigs.com’s notice may be delivered to you either by email or by posting of such termination notice on www.30Gigs.com. Your written termination notice should be delivered to 30Gigs.com by email to the following email address: [email protected] Please note that your termination notice shall only come into effect within 7 business days. Without prejudice to any other rights, 30Gigs.com may terminate this Agreement and/or limit or revoke access to any portion of the Service at any time, with immediate effect and without penalty for any reason, including but not limited to your failure to comply with the terms of this Agreement.
Effects of Termination:
(a) In the event of termination you shall immediately cease using the Service and any access to your account and all content or files contained in your account shall be denied.
(b) The provisions which, by the nature, are intended to survive termination, shall so survive such expiration or termination and shall remain in full force and effect thereafter, including without limitation Sections 4, 7, 13, 14, 15.
14. Indemnification. You agrees to indemnify and hold 30Gigs.com, its affiliates, officers and employees, harmless from any claim, demand or damage, including reasonable attorney’s fees, asserted by any third party due or arising out of your use of the Service.
15. Jurisdiction. This Agreement shall be construed and governed in accordance with the laws of the State of California without regard to conflicts of laws provisions thereof. The competent courts of the State of California shall have exclusive jurisdiction over any disputes arising out of this Agreement and you hereby waive unconditionally any objection to the laying of venue of any lawsuit, action or other proceeding in such courts.
THE SERVICE [INCLUDING WITHOUT LIMITATION ANY FEATURES, PRODUCTS OR THIRD PARTY MATERAILS IS PROVIDED ON AN “AS-IS” AND AS AVIALABLE BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE SECURITY MECHANISMS IMPLEMENTED BY THE SERVICE HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMIN THAT THE SERVICE MEETS YOUR REQUIREMENTS. 30GIGS.COM DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS PERFORMED BY THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ANY INFORMATION, DATA, COMPUTER PROGRAM, CONTENT, ADVERTISEMENT AND OTHER MATERIALS RECEIVED ON OR THROUGH THE SERVICE WILL BE FREE OF ANY VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER DESTRUCTIVE PROPERTIES, AND WILL NOT CONTAIN ANY OBJECTIONABLE MATERIALS OR DEEMED OBJECTIONABLE BY SOME INDIVIDUALS. 30GIGS.COM EXPRESSLY DISCLAIMS ALL RESPONSITILY AND LIABLITY IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION FOR THE AVAILABLILTY, TIMELINESS, SECURITY OR RELIABLITY OF THE SERVICE.