Mailways Term of Use

 

Last Updated: February 12, 2020

 

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS OF USE AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE THE WEBSITE OR DOWNLOAD ANY MATERIALS.

 

By accessing and using the Mailways, Inc. website and materials located at www.Mailways.com (the “Site”), you acknowledge and agree to abide by the following terms and conditions of use (“Terms of Use”) and to comply with all applicable laws. This Site and its contents are owned and operated by Mailways, Inc., (“Mailways”, “us”, “we”, and “our”) from its headquarters in Allenstown, New Hampshire, United States.

 

By accessing, browsing and/or using the Site, you represent that you have the legal authority to accept these Terms of Use on behalf of yourself and/or any party that you represent. Mailways reserves the right to update or modify the Site or these Terms of Use at any time without prior notice or liability to users (“user”, “you” or “your”).

 

 

No Unlawful or Prohibited Use

 

This Site may only be used for lawful purposes in accordance with these Terms of Use. As a condition of your use of this Site, you warrant to Mailways that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. In addition to other restrictions set forth in these Terms of Use, you agree that:

 

·       You will not make any commercial use of the Site or its content, including reproducing, duplicating, copying, selling, or otherwise exploiting for any commercial purposes any portion of the Site;

 

·       You will not tamper with the Site or use or attempt to use any device, software or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site, or interferes with the ability of other users to access the Site;

 

·       You will not use the Site or any of its content in violation of any applicable law or regulation;

 

·       You will not make use of or attempt to use any data extraction, scraping, mining or other data gathering tools, or any other program, device or algorithm, process or methodology to access, acquire, copy, or monitor the Site (or portions thereof);

 

 

·       You will not harvest or collect personally identifiable information about other users of the Site;

 

·       You will not modify, reverse engineer, decompile or disassemble any portion of the Site;

 

·       You will not remove any copyright, trademark or other proprietary rights notices from the Site or materials originating from the Site;

 

·       You will not disguise the origin of information transmitted through the Site;

 

·       You will not input or upload to the Site any information which contains malicious code, viruses or malware, including, without limitation, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, or the Site;

 

·       You will not violate or attempt to violate the security of the Site, including, without limitation, attempt to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures for the Site; or attempt to gain unauthorized access to the Site through hacking, password mining or any other means;

 

·       You will not mirror or use framing techniques on any part of the Site or its content, without the express written consent of Mailways;

 

 

·       You will not forge the Mailways header or any part of the header information in any email, instant message, text message or posting or forge communications on behalf of the Site (impersonating the Mailways Site) or to the Site (impersonating another user).

 

Violations of system or network security may result in civil or criminal liability. Mailways may investigate violations of these Terms of Use and may involve and cooperate with appropriate law enforcement authorities in prosecuting users of the Site who are involved in such violations.

 

 

Intellectual Property

 

The Site and its contents, including but not limited to, its features and functionality, all information, text, displays, graphics, images, photographs, video, audio, code, data, and software, as well as the design, selection and arrangement thereof, trademarks, service marks, logos, taglines, slogans, trade names and other material, appearing on, made available on or accessed through the Site (collectively, the “Content”), are the property of Mailways, its licensors or other rights holders of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Mailways aggressively enforces its intellectual property rights to the fullest extent of the law. Nothing contained on the Site or in the Content should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content or trademarks displayed on our Site, without the prior written consent of Mailways.

 

 

Copyright

 

Mailways retains all rights in this Site and the Content, including (without limitation) all copyright and other proprietary rights worldwide in all media. This Site and the Content are only for your personal non-commercial informational purposes. Except as expressly permitted herein, you may not copy, reproduce, distribute, republish, download, display, modify, post or transmit in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, or otherwise exploit the Site or any of the Content in any form or by any means without the prior written consent of Mailways.

 

Subject to your compliance with these Terms of Use, Mailways authorizes you to view and download a single copy of the Content on this Site solely for your own lawful, personal, non-commercial use, provided that you: (i) retain all copyright and other proprietary notices contained in the original Content and on any copy you make of the Content; (ii) do not modify or alter the Content; and (iii) only use images with surrounding text relating to the images. If you breach any of these Terms of Use this permission terminates automatically. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material made available on or accessed through the Site.

 

 

Trademarks

 

The Mailways name and logo and all related names, logos, designs, slogans, service marks, logos and taglines displayed on the Site or in the Content are trademarks of Mailways, its licensors or other rights holders. Any trademarks not owned by Mailways that appear on the Site or in the Content are the property of their respective owners. Any misuse, including any unauthorized use, of the trademarks displayed on the Site or in the Content is strictly prohibited.

 

 

Changes to Site

 

Mailways reserves the right, at any time, in our sole discretion, to modify, suspend or discontinue the Site, and its Content with or without notice. All Content, descriptions, images, and services described or depicted on the Site are subject to change at any time without notice. You agree that we shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Site, or any Content or service offered through the Site.

 

 

Links to Other Sites

 

This Site may contain links to other websites operated by third parties. You acknowledge that these links are provided solely as a convenience to you and the inclusion of such links does not imply that Mailways sponsors, endorses, is affiliated or associated with, any third-party website or the content, products, materials or information available on such third-party website. Mailways makes no warranty or representation regarding such third-party websites. In no event is Mailways responsible for content provided on such linked third-party websites.

 

 

Disclaimers and Limitation of Liability

 

While we endeavor to provide the most accurate, current information available, the services, Content and information contained in the Site may, at times, contain technical inaccuracies or typographical errors, and may be changed or updated without notice. We cannot guarantee that the services, Content or other information provided through the Site will be accurate or current.

 

THIS SITE AND THE CONTENT ARE PROVIDED TO YOU “AS IS” FOR INFORMATIONAL PURPOSES ONLY, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM.

 

MAILWAYS DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SITE.

 

MAILWAYS SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED THROUGH THE SITE OR YOUR USE OF OR RELIANCE UPON THE SITE OR ANY OF THE INFORMATION OR CONTENT AVAILABLE ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION.

 

YOU ACKNOWLEDGE THAT IN CONNECTION WITH YOUR USE OF THIS SITE, INFORMATION WILL BE TRANSMITTED OVER NETWORKS, ROUTERS, SERVERS AND OTHER DEVICES OWNED, MAINTAINED, OR SERVICED BY THIRD PARTIES OVER WHICH MAILWAYS HAS NO CONTROL. ACCORDINGLY, MAILWAYS WILL NOT BE LIABLE FOR ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE.

 

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH MAILWAYS IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR ITS CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

 

Changes to Terms of Use

Mailways reserves the right, at its sole discretion, at any time, without prior notice, to change, modify, remove, or revise any portion of these Terms of Use or impose new terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon notice, which may be given by any means, including but not limited to posting the revised or additional Terms of Use on the Site. You should check these Terms of Use periodically for any modifications or revisions. Your continued use of this Site after posted changes to these Terms of Use or other policies constitutes your acceptance of such changes.

 

 

Privacy Policy

 

Mailways may collect certain information about you and your use of the Site. The Mailways Privacy Policy outlines our obligations and practices regarding the use and disclosure of information collected by Mailways when you use our Site. The Mailways Privacy Policy is available here and incorporated into these Terms of Use by reference.

 

In addition, California residents have specific privacy rights under the California Consumer Privacy Act (CCPA). If you are a California resident, you can learn about our Privacy Notice for California residents and your rights under the CCPA by clicking here.

 

 

 

Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site. Mailways, may, in its sole discretion, report actual or perceived violations of law to law enforcement or other appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms of Use, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action. During such investigation we may suspend services to any user being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of these Terms of Use could subject you to criminal or civil penalties.

 

 

Indemnification

 

You agree to defend, indemnify, and hold harmless Mailways, its directors, shareholders, officers, employees, agents, licensors and service providers from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or resulting from your use or misuse of the Site or its Content, your breach of these Terms of Use and/or violation of any applicable laws.

 

 

Applicable Law

This Site and its Content are created and controlled by Mailways in the State of New Hampshire. As such, these Terms of Use and your use of the Site are governed by the laws of the State of New Hampshire, without regard to its conflict of law principles.

 

 

Disputes


You agree that a condition of using this Site that any cause of action, at law or in equity, arising out of or relating to your use of the Site or these Terms of Use shall be filed only in the state or federal courts of Merrimack County, New Hampshire, U.S.A. You hereby consent and submit to the exclusive jurisdiction and venue of such courts and consent and submit to the personal jurisdiction of such courts over any claim, suit, or proceeding.

 

 

General

 

If any provision contained these Terms of Use is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use constitute the entire agreement between you and Mailways with respect to the use of the Site. Any rights not expressly granted herein are reserved.

 

 

Contact Us

 

If you have any questions or comments regarding these Terms of Use, please contact us at 603-669-5252 or you can contact us by writing to:

 

Mailways, Inc.

Attn: Privacy

P.O. BOX 4926
Manchester, NH 03108

 

 

© Mailways, Inc. 2020. All rights reserved.