Kitterman Technical Services Controlledmail.com
Terms of Use
Acceptance of Terms of Use. Kitterman Technical Services, Inc. (“us,” “we” or “Kitterman”) agrees to provide email transmission and related services (the “Service”) to you (“you” or “Customer”) under the terms of these Terms of Use (this “Agreement”), which may be updated by us from time to time. You can review the most current version of this Agreement at any time at: http://controlledmail.com/terms.html. By ordering and using the Service you agree to be bound by all of the terms set forth herein. You acknowledge that you are 18 years of age or older, and you agree that you have the legal authority to enter into this Agreement and affirm that the information you supply to us is correct and complete. You agree that you are responsible for all use on your account, including any secondary accounts or sub-accounts registered to your primary account. You understand this means that you accept full liability and responsibility for the actions of anyone who uses the Service via your account, or any secondary accounts, with or without your permission.
Privacy. Registration data and certain other information about you are subject to our Privacy Policy, which Kitterman may change from time to time. Our current Privacy Policy is described at: http://controlledmail.com/privacy.html. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information for storage, processing, and use by Kitterman and its agents.
Use of Service.
Customer shall not transmit any threatening, harassing, libelous or obscene material;
Customer shall not transmit any material which is illegal under any local, state, federal, or international law;
Customer shall not use the Service in conjunction with spamming, sending bulk email, or sending unsolicited email;
Electronic mail messages sent through the Service must be sent from individuals, and not from automatic services, programs or scripts;
Operation of any kind of mailing list or other bulk or subscription based mailing is prohibited;
Customer may not resell the Service without the prior written consent of Kitterman;
Recognizing the global nature of the Internet, Customer agrees to comply with all local rules regarding online conduct and acceptable content; and
Customer will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which Customer resides.
Use of the Service to engage in any type of fraud, "cracking", malicious behavior, or harassment is expressly forbidden. Interference with the proper operation of systems reachable via the Internet is forbidden. Compliance with the acceptable use policies of any network or system with which you connect through the Service is required. Forging e-mail, Usenet postings, or other messages is forbidden. Addresses in the body of e-mail messages must be consistent with addresses in the e-mail envelope. All e-mail addresses that purport to identify the source of the message must be addresses authorized for the account sending the message. Trafficking in pirated software is forbidden.
Use of the Service to publish or otherwise disseminate information about the availability of pirated software or other material that is being made available illegally, including the publication of a list of links to such material, regardless of disclaimers, is specifically forbidden. We reserve the right to contact law enforcement regarding Customer activity.
Warranty Disclaimer. Kitterman makes no warranties of any kind, either expressed or implied, concerning the Service and the Services are provided “as is.” Kitterman disclaims all implied warranties, including any warranty of merchantability, fitness for a particular purpose and non-infringement. Kitterman does not warrant that the Service will be appropriate for Customer’s purpose or that the Service will operate in an error-free or uninterrupted manner. The entire risk as to the performance of, or arising out of the use of, the Service is borne by Customer. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to Customer and Customer may have other legal rights that vary by jurisdiction.
User Configuration. It is entirely your responsibility to ensure that your equipment is correctly configured to use the Service. It is also your responsibility to provide the correct hardware to use the Service.
Refund. Within fifteen (15) days of service activation, we will refund your payment if you are not satisfied or cannot send e-mail via our server. After this period, this offer no longer applies and your account is assumed working correctly.
Limitation of Liability. Under no circumstances and under no legal theory, including, without limitation, tort, contract, or otherwise, shall Kitterman be liable to Customer or any other person for any indirect, special, incidental, or consequential damages including, but not limited to, arising from loss of profit, loss of data, delays, misdeliveries or service interruptions. In no event will Kitterman be liable for any damages in excess of what Kitterman has received from Customer for the Service during the period of six (6) months prior to any cause of action arising. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to Customer.
Intellectual Property and Authorization. Customer agrees that their mail addresses used through the Service do not interfere with or infringe upon the intellectual property rights of any third party, and are not being used for any illegal purpose. Customer represents that Customer is authorized by the domain owner to use all requested mail identities.
Indemnification. Customer agrees to defend, indemnify and hold Kitterman, its affiliates, officers, and employees, harmless from any claim, demand, liability, loss, damage and costs, including attorneys' fees, made by any third party due to or arising out of Customer's use of the Service, the violation of this Agreement by Customer, or the infringement by Customer, or other user of the Service using Customer's computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any Customer communication. Customer agrees to restrict Customer user identities and passwords for use of the Service to authorized users.
Modification. Kitterman reserves the right to modify the Service, pricing, or change the terms and conditions of this Agreement at any time. Kitterman shall provide notice of such changes by posting at: http://controlledmail.com. Customers not agreeing to the modified agreement may terminate the Service. Continued use after such material has been posted shall be deemed acceptance of the modifications by Customer.
Notice. Any notice required shall be given as follows: Notice from Customer to Kitterman shall be in writing via certified mail or e-mail. Notice from Kitterman to Customer shall be in writing and shall be in writing via certified mail, e-mail, or posted on the Controlledmail.com website.
Termination. You acknowledge that Kitterman may, without prior notice, at any time, immediately terminate this Agreement and your Service for any reason, in its sole discretion. Additionally, Kitterman may terminate this Agreement and your Service if (a) you violate (or Kitterman reasonably suspects that you are violating) the terms of this Agreement, (b) requested by law enforcement or other government agencies, (c) requested by you, (d) we discontinue or materially modify the Service (or any part thereof), (e) there are unexpected technical or security issues or problems, (f) you have engaged in fraudulent or illegal activities, (g) there is nonpayment of any fees owed by you in connection with the Services, and/or (h) there are other reasons Kitterman deems appropriate. Termination of your Service includes (a) removal of access to the Service, (b) deletion of your password and all related information, (c) barring further use of the Service and (d) deactivation of all accounts associated with Customer. Further, you agree that Kitterman shall not be liable to you or any third-party arising from any termination of your account and access to the Service. For terminations by Kitterman that are not due to Customer’s misconduct, a pro-rated refund of annual subscription fees will be made, unless there are also terms of service violations. Accounts suspended or terminated due to violations will not qualify for any refund. You agree that if your Service is terminated for any reason, Kitterman has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you.
Severability. If any provision hereof shall at any time be held to be void, invalid or unenforceable, such provision shall be construed as severable and shall not in any way affect or render void, invalid or unenforceable any other provision of this Agreement, and this Agreement shall be carried out as if such void, invalid or unenforceable provision were not part of this Agreement.
Waivers. No waiver on the part of Kitterman to exercise, and no delay in exercising, any right, power or provision hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or provision hereunder preclude the exercise of that or any other right, power, or provision.
Entire Agreement. This Agreement sets forth the provisions with respect to the subject matter herein and supersedes all prior agreements and understandings, whether oral or written, relating to the subject matter.
Action Limit. No action by Customer, regardless of form, arising out of, or in any way related to the subject matter of this Agreement, may be brought more than two years after the cause of action has risen.
Survivability. Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
Governing Law; Jurisdiction. This Agreement shall be governed by the laws of the State of Maryland in the United States of America, excluding such state’s conflicts of laws rules. Customer agrees that any action brought under, arising out of, or in connection with this Agreement, or any alleged breach hereof, shall be brought solely in either the United States District Court for the District of Maryland or the appropriate court of the State of Maryland located in the jurisdiction where Kitterman then has its principal place of business. Customer agrees to personal jurisdiction and venue of such courts.