Interpretation
"mailsafe”
means vsl mailsafe e-mail filtering and management service.
The "Subscriber" or “Subscriber’s”
means the person, firm, company, organisation, individual
or individuals to whom the “mailsafe service” is provided.
The "Seller" or “Seller’s” means vslnet a trading name of Vitanium
Systems Limited its assignees and successors in title.
The "Agreement" means the agreement between the
"Seller" and the "Subscriber" for the
"mailsafe service" of which these terms and conditions
are part. All written / oral statements and representations
are superseded by "The Agreement", unless inclusions
or exclusions of terms contained herein are specifically varied
by the "Seller" in writing.
The “Documentation” means the vsl mailsafe e-mail filtering and management user manual.
The Service
“vsl mailsafe”
is a trading name and in the business of delivering secure,
Internet level e-mail filtering and management services. The “Seller”
offers the “mailsafe” service detailed at its web site
www.vsl-mailsafe.com, the service is described
as: vsl mailsafe e-mail filtering and management service.
Agreement
The "Subscriber" by submitting an online registration
at web site www.vsl-mailsafe.com or returning to the “Seller’s”
hard copy subscription order form, completed and signed, confirms
their acceptance of the "Agreement" and agrees to
be bound by the "Agreement"
The "Seller" reserves the right to accept or reject
any registration including a “FREE Trial request, made
for the “mailsafe service”, through either online
registration or written order, by the "Subscriber".
The "Seller" is entitled to update the "Agreement"
and the "Subscriber" by registering for the “mailsafe” service agrees to be bound by any "Agreement"
revisions after the “FREE Trial” or “mailsafe” service license commencement date. The “Seller”
may modify this “Agreement” and may discontinue
or revise any or all other aspects of the “mailsafe”
service at its sole discretion and without advance notice. Unless
otherwise agreed, the “Subscriber's” right to use
the “mailsafe” service or to designate users is not
transferable and is subject to any limits established by the
“Seller”. The "Subscriber" is responsible
for reviewing regularly the terms, which can be viewed at:
http://www.vsl-mailsafe.com/tc.htm
The "Agreement" shall always prevail In the event
of conflicts between the “Agreement” and any other
document.
Acceptable use
Use of the "mailsafe" service consists of the right
of a “Subscriber” to electronically receive e-mail using either a private data communications
network, or the Internet from locations provided and maintained
by the “Seller” and send to the same
locations where agreed by the "Seller".
The “Seller” reserves the right to cease the “mailsafe” service if the terms of this “Agreement” or
the acceptable use policy, are infringed by the “Subscriber”.
The “Subscriber” shall
not use the “mailsafe” service for storage, possession
or transmission of:
1. Stolen materials
2. Data or material that may infringe the intellectual property
rights or other rights of third parties, including trademark,
copyright or right of publicity or privacy
3. Violates any law, statute, ordinance or regulation (including
but not limited to the laws and regulations governing, unfair
competition, anti-discrimination or false advertising), is
defamatory, trade libelous, unlawfully threatening, or unlawfully
harassing
4. Obscene, pornographic or indecent content or materials
5. Any virus or other programming routine intended to damage
any form of information technology
6. Material that is provided in breach of any prior contractual
commitment to any third party
The “Subscriber” agrees to indemnify the “Seller”
against liability for use of “Subscriber's” account,
where liability is a direct result of the “Subscriber's”
illegal use, abuse, misuse or negligent use of its “mailsafe” service.
The “Seller” reserves the right to cease any “mailsafe” service provided if the “Subscriber” abuses
the “mailsafe” service, beyond reasonable use. Abuse
of the “mailsafe” service will be deemed to be excessive
indiscriminate transmissions of data, which exceed reasonable
use of the “Sellers” facilities and bandwidth. A
representative or agent of the “Seller” will contact
the “Subscriber” in such an event prior to ceasing
any “mailsafe” service provided.
Limitation of use
The “Subscriber” may not:
1. modify, rent, lend, loan, lease, sell or otherwise transfer
or distribute the "mailsafe" service or documentation to non-registered
or non-licensed third parties.
2. modify, translate or create derivative works based upon
the “mailsafe” service or the “Documentation” in
whole or in part.
3. reverse assemble, reverse compile or otherwise attempt
to derive the source code from the “mailsafe” service. The
“Subscriber” may not release the results of any
performance or function evaluation of the “mailsafe”
service or derivatives of the service to a third party
without prior written approval of the “Seller”.
Confidentiality and access to data
No bailment or equivalent obligation is generated between
the “Subscriber” and the “Seller” with
respect to the “Subscriber's” electronically transmitted communications and data. The “Subscriber”
is responsible for maintaining
confidentiality of the “Subscriber’s” login details and passwords. The “Subscriber” has the responsibility
to make sure their login details and passwords are kept
in a safe and secure place. The “Seller” shall not
be liable for any damages, including damages for the “Subscriber”
not being able to receive or send electronic communications or data due to loss / corruption or
compromise of the “Subscribers” login details and
passwords.
The “Subscriber” agrees to indemnify
the “Seller” against any liability due to the “Subscribers”
confidential information being disclosed to third parties,
through a direct result of the “Subscriber's login details and passwords being compromised.
The “Seller” shall not
be responsible, what so ever, for the use of the “mailsafe” service accessed through the “Subscriber's”
login details and passwords. The “Seller” shall
neither be obligated to the “Subscriber” for monitoring,
overseeing or supervising content or information received from or sent to the ”mailsafe" service.
Limits of liability and warranty
vsl mailsafe 'soho'
The Subscriber explicitly agrees that the use of the “mailsafe” "soho" service is wholly at the “Subscribers own risk.
The “Seller” makes available the “mailsafe”
"soho'" service with no warranties express or implied, including but not limited
to warranties of title or implied warranties of merchantability,
non-infringement or fitness for a particular purpose, other
than those warranties, which are implied by and incapable
of exclusion, restriction or modification under the laws applicable
to this agreement. Neither the “Seller” nor any
of its licensors, employees or agents involved in creating,
delivering or maintaining the service, warrant that the service
will be uninterrupted or error free, nor shall they be liable
for any direct, indirect, incidental, special, exemplary or
consequential damages arising out of the use and results obtained
from the service or the inability to use the service.
vsl mailsafe 'enterprise'
The “Seller” makes available the “mailsafe”
"enterprise'" service with a 100% guarantee against the delivery of known e-mail viruses. Other than this guarantee, the Subscriber explicitly agrees that the use of the “mailsafe” "enterprise" service is wholly at the “Subscribers own risk. No other warranties express or implied, including but not limited
to warranties of title or implied warranties of merchantability,
non-infringement or fitness for a particular purpose, other
than those warranties, which are implied by and incapable
of exclusion, restriction or modification under the laws applicable
to this agreement. Neither the “Seller” nor any
of its licensors, employees or agents involved in creating,
delivering or maintaining the service, warrant that the service
will be uninterrupted or error free, nor shall they be liable
for any direct, indirect, incidental, special, exemplary or
consequential damages arising out of the use and results obtained
from the service or the inability to use the service.
If any exclusion, disclaimer or other provision
contained in this "Agreement" is held to be invalid
for any reason by a court of competent jurisdiction and the
"Seller" becomes liable thereby for loss or damage
that may lawfully be limited, such liability whether in contract,
tort (including negligence) or otherwise, will not exceed
the total charges paid by the “Subscriber” in the
12 months preceding such liability arising.
Disclaimer of warranty
Should the "mailsafe" service prove defective, the “Subscriber”
and not the “Supplier”, or its authorised distributor
and its licensors, assumes the entire cost of any service
and repair. No oral or written advice given by the “Sellers”
authorised representative(s) shall form a warranty or in any
way increase the boundaries of this warranty. This disclaimer
of warranty constitutes an essential part of this agreement.
Faults and errors
All faults or errors experienced by the “Subscriber”
should be reported, by phone, as quickly as possible to the
“Suppliers” support department on 0845 258 1501. The “Supplier”
will investigate the fault between the hours of 9:00am and
5:30pm Monday to Friday, excluding public holidays and rectify
as quickly as possible.
Copyright and ownership
All associated control panels and “Documentation”
required for the use of the “mailsafe” service are
copyrighted by the “Seller” or its/their licensors.
The “Subscriber” may not copy the control panels
or “Documentation” except as part of using / viewing
the control panel onto a computer owned or used by the licensed
“Subscriber” with the express intention of using
the “mailsafe” service according to the terms of the
“Agreement”. Redistribution of service
or “Documentation” owned by the “Supplier”
or its/their licensors unless explicitly granted by the “Supplier”,
is strictly prohibited and will be deemed in direct violation
of this “Agreement”.
The “Seller” and/or its licensors retain all right,
title and interest in and to the service and “Documentation”
and any copies at all times, regardless of form or media in
or on, by which the original or other copies are kept. This
license is not a sale of the original or any subsequent copy.
The “Subscriber” owns only the medium on which the
service is viewed.
Payment of fees and refunds
All payment of fees will be in advance either Annually, Quarterly
or Monthly. All fees applicable for the “mailsafe" service
are published in the vslnet price list available on request.
Annual, Quarterly and Monthly license fees will be fixed firm
for the license term. An annual license will be fixed firm
for 12 months, quarterly for 3 months and monthly for one
month, after which the “Seller” reserves the right
to change the fees and implement new charges upon thirty (30)
days prior notice to the “Subscriber” (which may
be sent by email).
Where fees are due for payment against the “Sellers”
invoice, the “Sellers” payment terms will be clearly communicated and shown. “Subscriptions”
(this also includes all subsequent additional licences after the initial
license has commenced), will be made automatically by direct debit
to the “Sellers” bank account. All fee renewals, whether monthly, quarterly or annual, will be invoiced one calendar month prior to service
renewal date and be collected by direct debit strictly on 30 days terms.
License upgrades will be charged on a daily basis up to the
next license renewal date.
The “Seller” reserves the right to prevent access
to the “mailsafe” service if the “Subscriber”
at any time defaults on the “Suppliers” terms of
payment. Where payment is not received from a “Subscriber”
within a reasonable period of time after the license renewal
date, the “Seller” will assume the “Subscribers”
account is inactive and suspend the account. Invoices
that remain unpaid are subject to interest of 2.5% per month
on any outstanding balance, or the maximum permitted by law,
plus all expenses of collection.
Fees already paid by the “Subscriber” will not be
refunded In the event the “Subscriber” cancels their
subscription prior to the license end date.
If a “Subscriber” has been billed incorrectly by
the “Seller”, the “Subscriber” must, in
order to receive an adjustment or credit, contact the “Seller”
no later than 30 days after the date of the billing payment.
Such discrepancies should be directed in writing to Customer
Accounts (accounts@vsl-net.com).
Cancellation of subscription fees
All licenses are effective until terminated either by the
“Subscriber” by giving written notice to the “Seller”
or by the “Seller” due to non payment or breach
of this agreement by the “Subscriber”.
Fees already paid by the “Subscriber” will not be
refunded in the event the “Subscriber” cancels their
subscription, or is in breach of this agreement, prior to
the license end date.
The “Subscriber” agrees that, upon such termination,
they will destroy (or permanently erase) all access to the
service and “Documentation”.
Free trials and special offers
The “Supplier” reserves the right to discontinue
or modify the “FREE Trial” offer found on web site
www.vsl-mailsafe.com at their discretion at any time. The “FREE
Trial” offer entitles new registered subscribers to
30 day usage of the "mailsafe" service.
At the end of the trial period the “Subscriber”
will have the option to allow the “FREE Trial” to
lapse or forward payment to purchase a full license (see Payment
of Fees and refunds). Application for a full license can be
made any time during the 30 days of the “FREE Trial”.
If the FREE Trial is not continued into a fully paid up license,
the service will be switched off on day 31 and the “Subscriber” will need to revert their MX records to ensure mail is not passed through vslnet's servers.
General
Failure or delay by the "Supplier" in enforcing
any term of the "Agreement" shall not be construed
as a waiver of any rights under it.
The illegality, invalidity or un-enforceability of any part
of this “Agreement” will not affect the legality,
validity or enforceability of the remainder.
This "Contract" shall be construed in all aspects
as an English contract and in conformity with the English
Law.
To discuss any questions you may have
on the above terms and conditions, please call our customer
services team on 0845 258 1502.
