TERMS & CONDITIONS FOR THE DIRECTORS ONLINE NETWORK EMAIL SERVICE
- USE OF DIRECTORS ONLINE NETWORK EMAIL SERVICE AND USER REGISTRATION
The [nonexecmail.com] email service is owned and operated by [Directors Online Network] Limited, a company registered in England and Wales whose registered office is at Manchester Peninsula Building, Victoria Place, Manchester, M4 4FB ("we", "us" or "our").
The service we will provide is the use of the nonexecmail.com email service, which may include the use of an email address in the format username@[nonexecmail.com and access to the nonexecmail.com website which hosts our webmail solution (the "Service").
To enable you to use the Service, you are required to register as an authorised user by registering on our portal after having completed the Membership Agreement of Directors Online Network. To register with the Service you must be over eighteen years of age. You must ensure that the details provided by you on registration are correct and complete (and are updated as necessary when appropriate).
To open an account, you must complete the registration process by providing us with current, complete and accurate information as requested in the membership registration to the directors online network. You are recommended to change the default password and you are entirely responsible for maintaining the confidentiality of your password and account.
The Service is made available to you only for personal use and not for any commercial or business purposes.
- AVAILABILITY OF SERVICE AND OUTAGE POLICY
You are responsible for having a suitable computer or other device, and any other items of hardware or communications equipment, necessary to enable you to access the Service. The Service requires a functioning internet connection and you will be responsible for having access to that.
You are responsible for ensuring that any software and hardware used to connect to the Service does not cause harm or disrupt the Service. In particular computer viruses, worms and spam must not be distributed across the Service’s network from or through any software or hardware you have used to connect or interact with the Service.
We cannot guarantee a fault-free Service at all times. You should report a fault in the Service to us by telephone, letter or email. We will seek to correct any fault as soon as we are reasonably able to.
We recommend that you protect your computer or device by the use of a firewall and virus checker as we cannot guarantee that the Service will be secure or free from viruses and other similar threats.
The Service may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. The Service will be restored as soon as reasonably practicable after any such restriction.
To maintain the quality of service for all our customers, we may provide instructions about the use of the Service, the quality of the Service to other customers, or any other aspect of the Service. Such instructions form part of these Terms and Conditions and you agree to observe them.
- USER ID, PASSWORD AND SECURITY
You must use the distinctive user ID and password provided to you to access the Service. We cannot guarantee that any specific mailbox name or other name requested by you ("Name") will be available or approved for use.
Should the Name you have chosen be in breach of anyone's rights or if we have reasonable grounds to believe that, or if a Name has previously been allocated to another person, we may ask you to choose an alternative or replacement Name.
You agree to take all necessary steps to ensure that your password is kept confidential and secure. You are solely responsible for the security and proper use of any passwords provided to you in connection with the Service and we will not be responsible to you in the event that a person gains unauthorised access via your account.
If you have any reason to believe that your password has become known to an unauthorised third party or if the password is being or likely to be used in an unauthorised manner, you agree to inform us immediately.
You agree not to share your password or the use of the account with any third party.
You agree to inform us immediately of any changes to the information that you provided when registering for the Service, including any changes to your account information.
If we have reason to believe that there is likely to be a breach of security or misuse of the Service, we may change your password and notify you accordingly.
- EMAIL USAGE AND STORAGE
There is an upper limit to the size of each email message (being 10MGV) which you can send using a nonexecmail.com account. This may be varied from time to time in accordance with these Terms and Conditions.
You are responsible for checking your email account regularly and storing appropriately any emails you wish to keep. Any emails kept on our servers will automatically be deleted after 120 days for read and unread messages.
Mailboxes left dormant and not used for 180 days will be closed and emails within mailboxes deleted, cannot be reactivated once deleted. Such data/content stored will not be recoverable.
You must keep your own back-up copies of your emails. We do not keep back-up copies of your emails and will not be liable for any loss or damage to them, however caused.
Your mailbox is limited to [1 Gb of storage. If your mailbox exceeds this limit, any emails causing the mailbox to exceed this limit will be deleted. When you reach the limit and your mailbox is full, you will be unable to receive any more emails, and you will also be unable to save copies of emails that you send out.
The initial limit is subject to payment of any further fees detailed in the Price List which may allow you to extend the storage of your mailbox. The Terms and Conditions should be read as amended according to any limit that is set to your specified account from time to time.
You are entitled to extract emails through an email client (such as Outlook, Thunderbird, G-Mail or IOS (or any other)) however we have no liability and make no warranties for interaction with that service, and it is your responsibility to ensure any configuration you apply is correct and secure, and does not cause any degradation to the Service.
- ACCEPTABLE USE POLICY
As a condition of your use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by these Terms and Conditions.
The Service is provided to individuals only and for personal use only. You agree to use the Service only to send and receive personal messages. Any unauthorized commercial use of the Service, or the resale of the Service, 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 surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
- advertise or offer to sell or buy any goods or services for any non-personal purpose;
- harvest or otherwise collect information about others, including email addresses, without their consent;
- create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;
- use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other user or usage information or any portion thereof other than in the context of your use of the Service as permitted under the Terms and Conditions;
- transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
- transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents;
- 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; and
- interfere with another member's use and enjoyment of the Service or another individual's or entity's use and enjoyment of similar services;
(together known as the “Unacceptable Uses”)
We have no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, we reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. If, while using the Service, you discover anyone else making Unacceptable Use of the Service, you should inform us immediately.
You agree to indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us, as a result of any settlement agreed by us, arising out of or in connection with any Unacceptable Uses of the Service by you or anyone who gains access to the Service through you.
We will not be liable to you, or any person who uses the Service, for:
(a) any use made of the Service, nor for any content which is accessed, sent or received using the Service, nor for any charges incurred with any third party or for any transactions entered into through the Service;
(b) the act of suspending your use of the Service or any part of it or ending your use of the Service in accordance with these Terms and Conditions;
(c) any delay or failure by us to provide any element of the Service or any part of it;
(d) any loss or damage caused by us or any of our respective officers, employees, subcontractors, independent contractors or agents in circumstances where:
i. there is no breach of a contractual obligation or legal duty of care by us or any of our respective officers, employees, sub-contractors, independent contractors or agents; or
ii. such loss or damage is not a reasonably foreseeable result of any such breach.
(e) any loss or damage caused by us, or any of our respective officers, employees, sub-contractors, independent contractors or agents to the extent that such loss or damage results from any breach by you of these Terms and Conditions;
(f) any loss or damage caused by viruses or unauthorised use of the Service; and
(g) any loss or corruption of data, or any loss of business, contracts, profits, anticipated savings, reputation, or revenue.
No independent contractors, company nor their or our respective officers, employees or agents who act as our agent in providing any part of the Service shall be liable to you or any person who you allow to use the Service.
- LIMITATION OF LIABILITY
We do not in any way exclude or limit: (i) our liability for death or personal injury caused by our negligence or that of our agents; (ii) any liability under Part 1 of the Consumer Protection Act 1987; or (iii) any liability that cannot by law be excluded or limited. All exclusions and limitations of liability in these Terms and Conditions are subject to this paragraph.
We will not in any event be responsible or liable for: (i) any faults, damage or maintenance to your telephone line; (ii) any loss of profit, revenue, business, contract, anticipated savings, goodwill or data or any similar financial loss; or (iii) any indirect or consequential loss or damage even if we could foresee, or were informed of the possibility of, these losses or damage.
In all circumstances where we are liable to you, whether the liability relates to negligence or otherwise, our total liability to you in any year is limited to one year’s charge of the applicable membership fee.
We: (i) make no warranties, conditions, guarantees or representations as to the quality or fitness for a particular purpose of the Service or any other warranties, conditions, guarantees or representations whether express or implied, oral or in writing, except as expressly stated in this Contract; and (ii) exclude all liability for:
(a) the accuracy (or inaccuracy) of any material or other information provided or made available by any third party in relation to the Service provided by nonexecmail.com;
(b) any third party goods or services purchased or obtained by you or any transactions entered into by you using the [nonexecmail.com] Service; and
(c) the transmission or reception of, or any failure to transfer or receive, any information or software.
- CHANGES TO THE SERVICE AND TERMS AND CONDITIONS
We may update, amend, change or provide new Terms and Conditions (including any relevant Price List) from time to time. Any changes will be notified to you by way of the email address provided to you at registration (or as otherwise notified to you from time to time) or by way of a suitable announcement on the [nonexecmail.com] website. The changes will apply  days after we have given notice.
We recommend that you check this page from time to time to take notice of any changes we make, as they are binding on you.
Should you not accept the updated, amended, changed or new Terms and Conditions you should stop using the Service. If you continue to use the Service after the date on which any change(s) comes into effect, your continued use of the Service indicates your agreement to be bound by those changes.
- SUSPENSION AND CANCELLATION
We may suspend or cancel the Service at our reasonable discretion or:
- if we have reasonable grounds to suspect that you are in breach any of your obligations under these Terms and Conditions; or
- you become the subject of bankruptcy or insolvency proceedings.
We will give you reasonable notice where possible however sometimes there will be serious grounds for suspending or cancelling the Service immediately. We reserve the right to suspend your access to the Service if we believe your use of the Service causes the Service to be rendered less efficient or makes abnormal demands on the network.
You can inform us that you wish to cancel this agreement at any time by writing to us or calling us, giving 30 days’ notice. If you do so, this agreement will end and you must therefore stop using the Service immediately. You must continue to comply with this agreement until the time you stop using the Service.
We can inform you that we wish to cancel this agreement at any time by writing to you giving you 30 days’ notice. If we do so, this agreement will end and you must stop using the Service at the end of the notice period. You must continue to comply with this agreement until the time you stop using the Service.
On termination of the agreement for any reason you will no longer be able to access any data/content held by the Service. We will have a right to delete any such data/content which will not be recoverable without any liability to you. It is your responsibility to ensure that any e-mails and/or documents have been backed up prior to termination.
The suspension or cancellation of the Service shall not affect either party's rights or liabilities.
We remain the owner of the email address provided to you at all times so upon cancellation you will have no right to transfer or otherwise continue to use the address.
- INTELLECTUAL PROPERTY
The content of the nonexecmail.com website is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the nonexecmail.com website on a computer or other device. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the nonexecmail.com website without our prior written permission.
No licence is granted to you in these Terms and Conditions to use any trademark of nonexecmail.com or its affiliated companies including, without limitation, the trademarks NONEXECUTIVEDIRECTORS.COM , DIRECTORS ONLINE NETWORK
It is NONEXECUTIVEDIRECTOR.COM’s policy to respect the privacy of its members, and we will not monitor, edit or disclose any personal information about you or your use of the Service, including its contents, without your prior permission unless we have a good faith belief that such action is necessary to:
- conform to legal requirements or comply with legal process;
- protect and defend the rights or property of Directors Online Network Limited
- enforce the Terms and Conditions; and
- act to protect the interests of its members or others.
Your Internet Protocol address is transmitted with each message sent from your account.
We do not normally monitor, restrict or examine the way in which customers use the Service or the nature of the information they are sending or receiving, unless required to do so by a regulatory or public authority (with appropriate powers). We may, however, refer any complaints regarding your use of the Service to the police or the Internet Watch Foundation for further investigation.
The [nonexecmail.com] website may include links to other websites, chatrooms, web search results or other materials which are beyond our control. We will not be responsible for content on the internet or world-wide-web pages outside the [nonexecmail.com] website.
- GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.
The Service, and the [nonexecmail.com] website may contain third party advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Service or the [nonexecmail.com] website complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.
We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control including for example acts of God, exceptionally severe weather, industrial disputes, failure or shortage of power supplies, act of terrorism or riot, war, default or failure of a third party (including any network operator or service provider) or their telecommunications systems or government actions.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
If you breach these Terms and Conditions and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.