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Terms and
Conditions
You
will be agreeing to the following terms and conditions of NAYAK.COM
& NAYAKMAIL.COM by using any of its services. This service is
provided to individuals who are 18 yrs old or above or are minors who
have been given parental permission to open an account.
Definition
- The “Company” refers to
NAYAK.COM, NAYAKMAIL and/or IT Investments Ltd
- The “Customers” refers to all
Members using the services provided by the Company - INCLUDING
without limitation email and other services as the Company may
offer
Terms and Conditions
To
be able to open an account, you will need to complete our Registration
Form, supplying us with the current and accurate information. By
completing the Registration Form, you are stating that you are
eligible and that you agree to be bound by the Company’s terms and
conditions. Once registered then you will be able to choose a password
and the ID. You will be totally responsible for all/any activities
that may occur under your account, and are responsible for maintaining
the confidentiality of your password. Furthermore, you agree to inform
any unauthorized use of your account or any breach of security.
·
Customers
Privacy
The
company respects the privacy of its Customers, therefore will not
monitor, edit, or disclose any personal information about you or your
use of service or its contents without your permission, unless
the company has a
good faith to believe that such action is necessary to:
1.
Comply with the legal process, regulations and governmental
request.
2.
Protect and define the rights or property of the company
3.
Enforce the terms and conditions of the services
4.
Act to protect the interests of its members or others (here we
could state maybe NAYAK.COM does provide certain info to third parties
e.g. advertisers…)
For
more information see NAYAK.COM Privacy Statement.
(May
be we need to inform the customers that some personal info to
NAYAK.COM may be stored outside the country in which you reside.)
You
agree that the company may access your account, including its
contents, as stated above or to respond to services or technical
issues.
·
Storing
Messages
For
each customer the amount of email storage space is limited therefore
the messages may not be processed due to space constraints and there
may be outbound message limitations. You agree that the company is not
responsible or liable for any deletion or failure to store message or
other information.
·
Customer
Conduct
You
agree to the company that you will not use the service for anything
that could be unlawful and prohibited by these terms and conditions.
NAYAK.COM and/or NAYAKMAIL.COM service is for the individual’s
personal use only. You agree to use this service only to receive and
send personal messages. The resale of the company’s services or
unauthorised commercial use of service is strictly prohibited.
You
agree to abide by all applicable local, national and international
laws and regulations and you are solely responsible for all your
actions/omissions, which may accrue, under your password/account. This
includes the content of your transmissions through the service. You
agree not to do the following:
1.
Use the company’s services for chain letters, junk mail,
surveys and spamming.
2.
Violate the legal rights of others e.g. harass, abuse, threaten
and stalk.
3.
Sell or buy or even advertise goods and services for any
non-personal purpose
4.
Collect information on others without their prior permission,
this includes email address
5.
Misleading others by creating a false identity.
6.
Distribute or publish inappropriate and unlawful information.
7.
Upload and transmit documents that contain viruses, time bombs
or any harmful programs.
The
company has no obligation to monitor the service or retrain the
content of any user session. However, the company reserves the right
at all times to monitor, review and/or disclose any information as
necessary to satisfy any applicable law, regulation, legal process or
governmental request.
·
Links
to third party sites
Links
included in the company’s service may let you leave the website.
However, the company is not responsible for any links or their
contents.
·
Disclaimers
The
services and the information contained and are available through the
company may have some inaccuracies and typographical errors. The
company may add and make changes to improve the service at any time
and does not guarantee that the service will be error free,
uninterrupted or defects will be corrected and virus free. The company
does not guarantee that the service available will be accurate,
correct, timely and reliable.
You
agree that the company shall not be responsible for unauthorized
access to or alteration of your transmissions, any messages received
or sent, or any transactions entered into through the service. You
also agree that the company is not liable for any threatening,
obscene, illegal or offensive content or conduct of any other party or
infringement of another’s rights, this includes intellectual rights.
You also agree the company is not responsible for any content sent
using and/or included in the service by any third party.
·
Indemnification
You
agree to indemnify and hold the company and its employees, harmless
from any claim, demand, or damage, including reasonable attorney’s
fees, asserted by any third party due to or arising out of your use of
or conduct on the service.
·
Termination/Damages
The
company has the immediate right to terminate your access to some parts
or all of the service at any time, with or with out notice or cause,
for any reason whatsoever.
The
company also have the right to suspend or even terminate your account
for inactivity. This means if you fail to sign-in to the service
provided by the company for an extended period of time. The company
currently considers as an “extended” period of time as 6 months.
On the termination of the service, your right to use the service
ceases immediately.
However,
if you wish to terminate your account with the company, your only
way is to discontinue the service and its related websites.
Furthermore, the company is not obliged in any way to forward any
unread mail to your or any other person. Also has no obligation to
maintain any content in your account.
The company will
immediately terminate your account if you transmit or are connected in
any way with Spam email. As damages are hard to calculate you agree to
pay the company liquidated damages of £3.00 for each piece of Spam
transmitted from your account or found to be connected in any way.
Otherwise you agree to pay the company actual damages, to the extent
the actual damages can be calculated.
§
Participation
in promotions of advertisers
The company shall not
be responsible or liable for the following:
1
Any dealings with advertisers on the service
2
For participation in promotions, this includes the payment for
goods and services
3
Any other terms, conditions or representations associated with
such promotions
These are solely
between you and the advertiser or the third party.
§
Proprietary
Rights to content
You
agree that the copyrights, trademarks, patents or other proprietary
rights and laws protect the content presented to you by the company.
You must not in any way modify, copy, reproduce, upload, distribute or
transmit the content, which is available through the service and its
websites.
§
Changes
to the terms and conditions
The
company has the right to make changes to the terms and conditions or
the policies regarding the use of the service. Once the changes are
made you will be informed through us by posting an updated copy of the
new terms and conditions. You agree that it will be your
responsibility for reviewing the terms and conditions regularly. If
you continue to use the service after such changes are made to the
terms and conditions it will mean you have consented to the changes.
§
General
You
and the company agree that any cause of action arising out of or
related to this service must start within one year after the cause of
action arose; otherwise, such cause of action is permanently barred.
The sections titles in the terms of condition are solely used for the
convenience of the parties and have no legal or contractual
significance.
§
Language
This
agreement and all related documents are drawn up in English.
COPYRIGHTS AND TRADEMARK NOTICES:
All contents of the service are: Copyright© 2000 NAYAK.COM/NAYAKMAIL.COM,
and/or its suppliers, c/o IT Investment Limited, 59 Hyde Park Gate,
Suite 18, London, SW7 5ED, UK. All rights reserved. |
