ToS - Email

Castles Email Terms of Service

The use of services from Castles Information Network, Inc [hereafter referred to as "Castles"] constitutes agreement to these terms.

END-USER SERVICES AGREEMENT

This End-User Services Agreement ("Agreement") is an agreement between you, an individual or an individual acting on behalf of your employer, a corporation, partnership, or other legal entity that will be using Castles services. Castles services include proprietary materials, the use of which is subject to the terms and conditions of this Agreement.

Customer and User are used in this document and interchangeable.

Acknowledgement and Acceptance of Agreement
The Services, provided by Castles on behalf of customer, are provided to customer or user under the terms and conditions of this Agreement and amendments to this Agreement and any operating rules or policies that may be published from time to time by Castles, all of which are hereby incorporated by reference. This Agreement comprises the entire agreement between user and/or customer and supersedes any prior agreements pertaining to the subject matter contained herein.

Description of Services
Castles, on behalf of customer, is providing customer/user with certain email services or any other services which castles may elect to provide on behalf of customer in the future. These services are provided to customer at their discretion and Castles has no obligation to continue to provide the services. Castles may charge for enhancements customer may elect to obtain (e.g., Mail Plus Total Protection or Paid End User individual upgrades such as one_archive, one_mobile, etc.).

Castles reserves the right to modify or discontinue, temporarily or permanently, the services with or without notice to customer. Customer agrees that Castles and their third party service providers shall not be liable to customer or any third party for any modification or discontinuance of the services.

Customer Obligations
Customer must be at least eighteen (18) years old to register for the services. In consideration of use of the services, customer agrees to: (a) provide true, accurate, current, and complete information about customer; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by customer ("Registration Data") is untrue, inaccurate, not current, or incomplete, Castles has the right to terminate customer's account and refuse any and all current and/or future use of the services.

Privacy Policy
This Agreement includes the terms and conditions of Company's Privacy Policy which is hereby incorporated by reference. In the event that there exists any inconsistency between this Agreement and the Privacy Policy, the terms and conditions of the Privacy Policy shall take precedence.

User Content

Castles considers email transmitted via the services to be the private correspondence of the sender. Castles will not monitor, edit, or disclose the contents of a customer's private communications, except that customer agrees that Castles, and their third party service providers may do so: (a) as required by law; (b) to comply with legal process; (c) if necessary to enforce this Agreement; (d) to respond to claims that such contents violate the rights of third parties; or (e) to protect the rights or property of Castles, its third party service providers, or others.

Castles reserves the right to remove any public content posted by a customer that violates any law or condition of this Agreement, upon notice of such violation.

Customer understands and agrees that technical (and sometimes manual) processing of email communications, search requests, community postings and any other information supplied by customer is and may be required: (a) to send and receive messages; (b) to conform to the technical requirements of connecting networks; (c) to conform to the limitations of the Services; or (d) to conform to other, similar technical requirements.

Customer acknowledges and agrees that Castles and their third party service providers do not endorse the content of any customer communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortious, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.

User Name, Member Account, Password and Security
Customer will be asked to choose the first part of its user name, which will be followed by the "@" symbol and customer's domain name (Example: YourNameHere@Example.com). Customer agrees to choose a user name which is unique, not obscene, unlawful, or otherwise objectionable, in Castles sole discretion.

Customer will receive a designated password and account upon completing the registration process for the Services. Customer is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under customer's account. Customer agrees to immediately notify Castles of any unauthorized use of customer's password or account or of any other breach of security.

Customer/User Conduct
User agrees to abide by all applicable local, state, national, and international laws and regulations during use of the Services, and agrees not to interfere with the use and enjoyment of the Services by other users. User agrees to be solely responsible for the contents of User's private and public communications, whether uploaded, posted, emailed, or otherwise transmitted through the Services.

User agrees: (a) not to use the Services for illegal purposes; (b) not to interfere with or disrupt the Services or servers or networks connected to the Services; (c) to comply with all requirements, procedures, policies, and regulations of networks connected to the Services; (d) not to resell the Services or use of or access to the Services; and (e) to comply with all applicable laws regarding the transmission of technical data exported from the United States.
User agrees not to upload, post, email, or otherwise transmit through the Services: (a) any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable material of any kind; (b) any material that violates the rights of another, including, but not limited to, the intellectual property rights of another; (c) any material that violates any applicable local, state, national, or international law or regulation; or (d) unsolicited or unauthorized advertisements, promotional materials, "junk mail," "spam," "chain letters," or other forms of solicitation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Services. User acknowledges and agrees that Castles may ban User from future use of the Services if User does not comply with Castles standards of conduct, even if User attempts to use the Services through another customer or under a different name. Furthermore, User acknowledges and agrees that Castles may recover damages from User if User violates these terms

Indemnity
User agrees to indemnify and hold Castles and their third party service providers, and their parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Services, User's connection to the Services, User's violation of this Agreement, or User's violation of any rights of another party.

Storage of Communications
Castles and their third party service providers assume no responsibility for the deletion or failure to store email messages, communications, or other content maintained or transmitted through the Services. Castles may establish in its sole discretion an upper limit on the extent of message storage it will maintain for User.

Termination.
User agrees that Castles, or their third party service providers may terminate User's password, account, or use of the Services if Castles, or their third party service providers believe: (i) that User has violated or acted inconsistently with the letter or spirit of this Agreement; or (ii) that User has violated the rights of Castles, or their third party service providers or other Users or parties.

User agrees Castles may immediately delete User's account and all related information, communications, and files, and may bar any further access to such account, communications, files, or the Services under any provision of this Agreement. User also acknowledges and agrees that termination of any of the Services may be effected without prior notice.

Links
The Services may provide, or users may include in email or community postings, links to other Web sites or resources. However, User agrees not to include in email or community postings (or elsewhere via the Services) any "deep link" which leads to a web page, other than the home page, of another party's web site unless such a link is authorized by the owner of that web site.

User acknowledges and agrees that Castles, and their third party service providers are not responsible for the availability of such external sites or resources, or for User's use of deep links, and that Castles, and their third party service providers do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

Part of our anti-spam provided service contains a remote black list (RBL) for domain names. These domain names have been found as harmful to the service of hosted email provided. Messages containing domain names on our RBL will be rejected for delivery on both inbound and outbound. New domains will be added at any given time. Current domains in the RBL are subject to review.

Disclaimer of Warranties

USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER'S SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

CASTLES AND THEIR THIRD PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

CASTLES AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICES WILL MEET USER'S REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COMPANY, CUSTOMER, OR ITS THIRD PARTY SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

USER UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT, DATA, OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR FROM THE SERVICES IS OBTAINED AT USER'S OWN DISCRETION AND RISK, AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

CASTLES AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER CASTLES OR THEIR THIRD PARTY SERVICE PROVIDERS, OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO SOME USERS.

Limitation of Liability

USER AGREES THAT CASTLES AND THEIR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF COMPANY, CUSTOMER, OR THEIR THIRD PARTY SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

USER FURTHER AGREES THAT CASTLES AND THEIR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

User acknowledges that Pursuant to Section 512 of the Digital Millennium Copyright Act, Castles has a policy providing for termination of Services to account holders who are repeat offenders. However, USER ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL CASTLES BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF COMPLIANCE OR REASONABLE ATTEMPTS TO: (i) COMPLY WITH UNITED STATES COPYRIGHT ACT; OR (ii) SATISFY REQUIREMENTS TO QUALIFY FOR THE SAFE HARBORS DESIGNATED IN SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT.
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS OF $50.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS.

Please be aware that there is a risk involved whenever downloading email attachments to your computer or sending email attachments to others and that neither Castles nor its licensors are responsible for any damages caused by your decision to do so.

If you have chosen to use our SpamShield, please be advised that this product and product of its type are not 100% effective and from time to time our product may misclassify spam as legitimate mail and legitimate mail as "spam". Users are advised to periodically check their "spam" folder for email that may have been mislabeled and neither Castles nor its licensors are responsible for any damages caused by your decision to use SpamShield.

Castles may place limits on mail a user can send in a given period of time in order to protect the health of the company's network. Business Mail and Outsource Mail customers may contact their representatives for exemptions to this clause.

Amendment

Castles may modify this Agreement at any time, and such modifications shall be effective immediately upon posting or other method of notification to User, which notice may be provided on the Web pages through which User accesses or uses the Services. User's continued access or use of the Services shall be deemed to be User's conclusive acceptance of the modified Agreement.

General
All sections of this Agreement that, by their nature, should survive termination will survive termination, including, without limitation, the sections entitled Indemnity, Disclaimer of Warranties and Limitation of Liability, and General. Castles and any third party service providers are intended beneficiaries of this Agreement. Castles shall not be liable to User for any breach by others of this Agreement or the Privacy Policy. This Agreement and the relationship between User and Castles shall be governed by the laws of the State of California without regard to its conflict of law provisions. User and Castles agree to submit to the personal and exclusive jurisdiction of the courts located within the state of California. The failure of Castles, customer, or their third party service providers to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and rule that the other provisions of this Agreement remain in full force and effect. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Castles reserves the right to suspend or terminate User's service if credit card charges are denied or payment in US Dollars is not made in a timely manner. Such suspension or termination shall not relieve User of the obligation to pay the fees due. User agrees to pay to Castles reasonable expenses, including attorneys' fees and collection agency fees, incurred in enforcing Castles rights under this Agreement.