The Aktivix Terms of Service
Aktivix services currently include email, email list hosting, and wiki. These services may change from time to time and are provided AS IS. You understand and agree that Aktivix assumes no responsibility for, among other things, any service outages or interruptions, the unavailability of particular features or services, and your inability to access or make use of all or part of our services. Furthermore, you understand and agree that Aktivix assumes no responsibility for deletion, loss or mis-delivery of information stored or delivered through our services. Aktivix makes no warranties or guarantees as to the security of any machine, email or website operated or hosted by Aktivix nor do we make any warranties or guarantees at all.
In consideration for your use of the Aktivix services you agree to the following conditions:
You acknowledge and agree to not sell, resell or exploit the use of our services, access to our services or any of the content accessible through our services for any commercial purposes.
You also agree not to use our services to:
- harass other people;
- harm or exploit minors;
- impersonate or cause others to believe that you are another person;
- send unsolicited messages;
- collect personal data from Aktivix Networks users without their express consent; and
- interfere with or disrupt our services, those of our users or any other person or service;
Further, you agree to:
- avoid excessive use of our services, including but not limited to network bandwidth, computer system resources, and domain registrations;
- be responsible for maintaining the confidentiality of your accounts and passwords;
- be responsible for the actions of any person who uses your account or passwords to gain access to our systems;
- notify us immediately of any unauthorized use of your accounts or any other breach of security at any time with relation to your account(s);
- hold patience in your heart for the hard work we do.
Aktivix does not claim ownership of content you upload or otherwise transmit through our servers or networks.
If you do not fulfill your obligations under this Agreement, or you solicit others to breach their agreement with Aktivix OR FOR ANY OTHER REASON OR NO REASON, at the Aktivix's sole discretion and without limiting its other remedies, Aktivix may terminate your access to part or all of our services. However, our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
YOU UNDERSTAND AND AGREE THAT WE, AND OUR SUPPLIERS, PROVIDE OUR ONLINE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU FURTHER UNDERSTAND AND AGREE THAT WE, AND OUR SUPPLIERS, MAKE NO WARRANTY AS TO THE RELIABILITY, ACCESSIBILITY, ACCURACY, LEGITIMACY OR QUALITY OF THE ONLINE SERVICES OR THE CONTENT AVAILABLE THROUGH THE ONLINE SERVICES. YOU AGREE THAT USE OF THE ONLINE SERVICES AND THEIR CONTENT IS AT YOUR SOLE AND EXCLUSIVE RISK. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Aktivix SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Aktivix Networks HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE ONLINE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ONLINE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE ONLINE SERVICES.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
You agree to indemnify and hold Aktivix and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, volunteers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
Modification and Termination
You agree that Aktivix Networks may amend this Agreement at any time by posting the amended terms on our site, and we will also endeavour to contact you via email when any changes are made. All amendments shall automatically be effective 10 days after they are initially posted on our site. Your use of our services following the effective date of any modifications shall constitute your binding acceptance of those modifications. Furthermore, you agree that this Agreement and all incorporated agreements may be automatically assigned by Aktivix Networks, in our sole discretion, to a third party in the event of a merger, acquisition or other transfer. This Agreement may not be otherwise amended except by a member of Aktivix Networks.
You agree that Aktivix Networks may terminate your use of any Aktivix Networks services at any time and for any reason whether you violate this User Agreement or not. You further understand and agree that Aktivix Networks, at its complete discretion, may remove or alter the services or any of content available through them at any time and for any reason or no reason.
Aktivix Networks respects the rights of others. If you have a complaint regarding abuse of our services, please send an e-mail to firstname.lastname@example.org . Aktivix Networks will review the complaint and, at its sole discretion, take action Aktivix Networks believes to be appropriate.
General Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement sets forth the entire and exclusive understanding and agreement between you and Aktivix Networks with respect to the subject matter hereof. This Agreement supercedes and cancels all previous and contemporaneous agreements, commitments and writings with respect to this subject matter. You agree that if any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced
This agreement was last modified October 14th, 2008.