NOAVAR TERMS OF SERVICE (TOS)
 

Welcome to Noavar, the premiere free Web-based electronic mail service! By joining our service, you will be able to access your "email" from anywhere in the world (as long as you have all the necessary equipment and services for Internet access).
The following are the terms and conditions for use of this Noavar service (the "Service"). Please read them carefully. This Service is provided to individuals who are at least 18 years old or minors who have parental permission to open and maintain a Noavar account. BY CLICKING THE "ACCEPT" BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR A Noavar ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE NOAVAR TERMS OF SERVICE ("TOS").

1. MEMBER ACCOUNT, PASSWORD, AND SECURITY

To open a Noavar account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form. You then will choose a password and an account name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.

You agree to notify Noavar immediately of any unauthorized use of your account or any other breach of security.

2. MEMBER PRIVACY

It is Noavar's policy to respect the privacy of its members. Noavar will not monitor, edit, or disclose any personal information about you or your Noavar account, including its contents, without your prior permission unless Noavar has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Noavar; (3) enforce the TOS; or (4) act to protect the interests of its members or others. Noavar does provide certain user information in aggregate form to third parties, including its advertisers, for demographics. For more information, see the Noavar Privacy Statement.

You agree that Noavar may access your account, including its contents, as stated above or to respond to service or technical issues.

3. EMAIL STORAGE, OUTBOUND MESSAGES AND OTHER LIMITATIONS

The amount of storage space per member is currently limited to 10 MB, and some messages may not be processed due to space constraints or outbound message limitations. You agree that Noavar is not responsible or liable for the deletion or failure to store email messages.

4. MEMBER CONDUCT

The Service is provided to individuals only. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited.

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:

  • Use the Service in connection with chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
  • Harvest or otherwise collect information about others, including email addresses, without their consent;
  • Create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
  • Transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
  • Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
  • Transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
  • Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
  • Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
  • Or interfere with another member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.

5. DISCLAIMER OF WARRANTIES

Noavar provides electronic mail service, including information and links to content from third parties. Noavar does not control in any respect any information, products or services offered by these third parties. The materials available through Noavar and any third party are provided "as is" and "as available" and without warranties or conditions of any kind either express or implied. To the fullest extent permitted by applicable law, Noavar expressly disclaims all warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of merchantability, merchantable quality, correspondence to description and fitness for a particular purpose. Noavar does not represent or warrant that the Service materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available, are free of viruses or other harmful components. Noavar does not warrant or represent that the use or the results of the use of the materials available through the Service or from third parties will be correct, accurate, timely, reliable or otherwise.

6. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall Noavar be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Service, any changes to the Service, unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that Noavar is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the Service, the materials available on or through the Service, or with any of Noavar's terms and conditions, your sole and exclusive remedy is to discontinue using Noavar.

LIMITATION OR EXCLUSION OF WARRANTIES CONDITIONS, AND/OR LIABILITY FOR SOME TYPES OF DAMAGES MAY NOT BE PERMITTED IN SOME JURISDICTIONS, IN WHICH CASE SOME OR ALL OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU. IF PERMITTED BY LAW, NOAVAR'S LIABILITY IS LIMITED TO RESUPPLYING THE SERVICE.

7. INDEMNIFICATION

You agree to indemnify and hold Noavar, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service.

8. TERMINATION

Noavar may terminate the Service with or without cause at any time and effective immediately. In addition, Noavar, in its sole discretion, may terminate your account for violation of the letter or spirit of the TOS.

If you wish to terminate your account, your only recourse is to discontinue use of the account. In addition, Noavar may terminate your account for inactivity, which is defined as failing to log into the Service for an extended period of time, as determined by Noavar. The amount of time that Noavar currently views as an "extended" period of time is a first log-on 10 days or later after registration and after an initial log-on, 120 days since your last log-on. Upon termination of the Service, your right to use the Service immediately ceases. Noavar shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.

9. NO SPAM; DAMAGES

Noavar will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, you agree to pay Noavar liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Noavar account, or Noavar's actual damages, whichever is greater.

10. PARTICIPATION IN PROMOTIONS OF ADVERTISERS

Any dealings with Advertisers on the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Advertiser or other third party. Noavar shall not be responsible or liable for any part of any such dealings or promotions.

11. PROPRIETARY RIGHTS TO CONTENT

You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by Noavar, or Noavar's Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software.

12. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES

Noavar reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the Terms Of Service on the Noavar site.

13. LAWS

The TOS shall be governed by and construed in accordance with the laws of France, excluding their conflict of law provisions.

You and Noavar agree to submit to the exclusive jurisdiction of the courts located in Paris. If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

Noavar's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Noavar in writing.

You and Noavar agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.

14. LANGUAGE

It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la volontי expresse des parties que la prיsente convention ainsi que les documents qui s'y rattachent soient rיdigיs en anglais.
 
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