Terms & Conditions

themail is a full internet service that is available to you ("the user") free upon these conditions. Please read through to the end to be sure that you agree to all the terms. Charges may apply if you do not abide by them. Please click on I agree at the bottom of the page for the signup details:
Effective 1st July 2002

1. Acknowledgement And Acceptance Of Terms

The Service (hereafter called "themail"), is owned and operated by themail Limited (formerly Cablenet Ltd.), of Landscape Studios, Crowhurst, East Sussex. TN33 9BX, a company incorporated in the United Kingdom and is provided to you (hereafter called "the user") under the terms and conditions (hereafter called the "Terms and Conditions") and any operating rules or acceptable use policies that may be published by themail on their internet web site. The Terms and Conditions comprises the entire agreement between the user and themail and supercedes all prior agreements between the user and themail. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I AGREE" BUTTON, YOU ARE CONFIRMING YOUR CONSENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS AND ACCEPTABLE USE POLICIES WHICH MAY EXIST FROM TIME TO TIME. It shall be the user's responsibility to ensure that any change in acceptable use is acceptable to them and in the event that the user ceases to accept any new policy user will terminate the service forthwith.

2. Description Of Service

themail is providing the user with a capability to send and receive electronic mail ("email") and other services via the Internet and on themail's own network using themail's access and mail servers. The user must provide all equipment, including a computer and modem, necessary to establish a connection to the Internet and pay any telephone service fees associated with such access to their telecommunications service provider. Furthermore the user must connect through themail's dial-up telephone number(s) and not attempt to mask their telephone number. There is no charge to the user for an account with themail or the use of themail, when used in this way.

In consideration for this, the user agrees to provide certain current, complete, and accurate information about the user as prompted to do so by themail from time to time and maintain and update this information as required to keep it current, complete and accurate. All information requested when you create your account shall be referred to as account registration data (herein referred to as "Account Registration Data"). Furthermore, the user grants themail the right to disclose to third parties certain Account Registration Data together with any updates or renewals of that data about the user in connection with insertion of advertisements to be inserted into electronic mail delivered to the user by themail. Where a user accesses themail through a registered affiliate of themail, account registration data will be disclosed to the affiliate as if the affiliate were themail. The affiliate is bound by the same terms and conditions here as themail. Such disclosures will exclude the user's name, mailing address, email address, account and phone number, unless the user expressly directs themail, or any other person the user may specifically designate to disclose such information or themail is required to disclose such information by any applicable law or legal process served on themail.

If any information provided by the user is inaccurate, themail retains the right to terminate the user's account without notice.

3. Modifications To Terms And Conditions Of Service

themail may change its Terms and Conditions from time to time. Upon any change in the Terms and Conditions themail will notify user by posting an email to users email address. If you do not accept these modified Terms and Conditions you must terminate your use of the themail at that time.

The user's continued use of the Service constitutes acknowledgment by the user of the Terms and Conditions and its modifications; and agreement by the user to abide and be bound by the Terms and Conditions and its modifications.

themail reserves the right to modify or discontinue the Service with or without notice to the user. themail shall not be liable to the user or any third party should themail exercise its right to modify or discontinue themail.

4. Personal And Business Use

The user's right to use themail is personal to the user. The user agrees not to resell or make any commercial use of the Service, without the express consent of themail. The user may use themail for business use provided the service is used free of charge and does not exceed the company's standard bandwidth per subscriber restriction.

5. Email Storage And Other Limitations

There is no fixed upper limit on the number of messages the user may send or receive through themail; however, themail retains the right, at themail's sole discretion, to determine whether or not the user's conduct is consistent with the letter and spirit of the Terms and Conditions and may terminate the user's account if the user's conduct is found to be inconsistent with the Terms and Conditions.

Emails are stored on themail's computer servers for a maximum of 28 days and then deleted in the event that the user has not collected their mail. themail assumes no responsibility for the failure to store or the deletion of email messages.

Email stored on themail servers is only accessible via a POP3 client such as Eudora, Netscape, IE4 & IE5 etc. In addition email is only accessible when dialing in to the national local call access number, it IS NOT accessible from any other computer on any other network. User's who wish to access their email from other computer networks should use themailbiz options provided.

6. Privacy And Spam Policy

It is themail's policy to respect the privacy of its users. In consequence themail; will not monitor, edit, or disclose the contents of the user's email unless required to do so by law or in the good faith belief that such action is necessary by act of law or is necessary to comply with legal process served on themail; protect and/or defend the rights or property of themail; and/or protect the personal safety of its users or the public;and/or to ensure enforcement of the Terms and Conditions of themail

The user acknowledges and agrees that themail neither endorses the contents of any of the user's communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.

The user acknowledges and agrees that certain technical processing of email messages and their content may be required to send and receive messages, conform to connecting networks' technical requirements, conform to anti-spam requirements, conform to the limitations of themail or conform to other similar requirements.

The user agrees to conform to themail's Acceptable Use Policy in regards to Unsolicited Commercial Email ("UCE") also known as Spam. The use of a free account for the purposes of Spam or for multiple mailing in the form of mailing lists is prohibited under themail's anti-spam and Acceptable Use Policy. Where a user uses themail to distribute unsolicited email or mailing using mailing lists to multiple email addresses in excess of ten copies, using a free themail account, there will be a charge to the user equal to the then current charge per email delivered (currently 10 pence per delivery).

7. User Accounts, Password, And Security

When you create your account you will be given a user name (account login ID) and password. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time by following instructions on themail web site or through the distributor through whom you obtained your free account; you may also set up a new account and close an old one at your convenience.

When you create an account it will remain in existence for as long as you require it provided you log on to themail using your computer system at least twice in the first seven days and at least once every six months. Should you fail to log on to themail servers through the local call access number at least once during the previous six months your account will automatically be terminated and the account name you have reserved will be reissued upon a first come first served basis. Loss of an account name through failure to log on to the servers cannot be rectified at a later date and is the responsibility of the user. The process of logging on to our servers using your user name and password does not require you to send or receive email. The act of logging on and connection to the network receiving the PPP protocol will ensure continued use of your account.

The user agrees to immediately notify themail of any unauthorised use of the user's account or any other breach of security known to the user.

8. DISCLAIMER OF WARRANTIES

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

themail EXPRESSLY DISCLAIMS 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.

themail OR ITS DISTRIBUTORS MAKE NO WARRANTY THAT themail WILL MEET YOUR REQUIREMENTS, OR THAT themail WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES themail MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF themail OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH themail.

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

THE MAIL AND ITS DISTRIBUTORS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH themail OR ANY TRANSACTIONS ENTERED INTO THROUGH themail.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM themail AND ITS DISTRIBUTORS OR THROUGH themail AND ITS DISTRIBUTORS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

9. LIMITATION OF LIABILITY

themail AND ITS DISTRIBUTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE themail OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH themail OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF themail HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Acceptable Use (Rules of the Net)

themail gives you access to computers and networks throughout the world known as the Internet using themail service. In order to respect personal freedom, individualism and the integrity of the network users must agree to abide by the Rules of the Net. themail wishes to ensure that all users are aware of these rules, regardless of age, since failure to honour them will render the agreement to supply themail invalid. themail and its account distributors accept no liability for subsequent disconnection, as a result of failure to abide by these rules, or any liability whatsoever as a result of being unable to reconnect to the Internet, as a result of shared information concerning failure to uphold these rules. The decision of the system controller is final:

The following activities are not allowed under any circumstances:

JUNK E-MAIL Mailing unsolicited messages to lists of individual E-mail addresses or multiple mailing to unrelated News Groups

MAILING LISTS It is fobidden to use themail for mailing to in excess of 10 in any one mailing list.Mailing lists are handled through the upgraded accounts scheme.

ADVERTISING Internet culture only accepts passive advertising (ie. World Wide Web) as an information service, or making marketing data available to others. Certain elements of the Internet outside of themail's sphere of operations, funded by government bodies (such as JaNet - the UK Academic University Network) may prohibit advertising and other activities acceptable to other areas of the Internet. It is the responsibility of the user to ensure that any communication originating within themail distribution system fulfils all local requirements in respect of advertising at the final destination.

BEHAVIOUR The use of bad language in publicly accessible Mailing Lists correspondence. Hateful, Harassing or any other anti-social behaviour. The use of the medium to intrude on the lives of others. Intentional damage or interference with others through the access afforded to their computer systems including intentional transmission or origination of a virus and unauthorised access to any computer system.

PORNOGRAPHY Not to make available publicly accessible obscene or pornographic files or to distribute pornography or other anti-social literature over the Network

The user agrees to abide by the Law and indemnifies CableNet and it's suppliers from any costs incurred from any unlawful use from the user's terminal/s. CableNet reserves the right to terminate the user's account and ban user from any further connection to themail for any prohibited activity as detailed above, or any other reason, including any other activity detrimental to the service, or considered by mail to be against the interests of themail or any other users of the Internet. In the event of termination of themail in these circumstances no repayment of any fees paid in advance shall be due. The user is solely responsible for the contents of his or her transmissions through themail.

The user's use of themail is subject to all applicable local, state, national and international laws and regulations.

11. Indemnification

The user agrees to indemnify and hold themail, its parents, subsidiaries, distributors, 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 the user's use of themail, the violation of the Terms and Conditions by the user, or the infringement by the user, or other users of themail using the user's computer, of any intellectual property or other right of any person or entity.

12. Termination

Either the user or themail may terminate the user's account with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party. themail shall not be liable to the user or any third party for termination of the account. Termination will only occur once the user has settled any outstanding balances due on their account. Any cancellation of monthly, yearly, rental or leasing of products or services must be provided in writing at least 30 days before the charge falls due.

Should the user object to any Terms and Conditions and conditions of the Terms and Conditions or any subsequent modifications thereto or become dissatisfied with the quality of themail in any way, the user's only recourse is to immediately discontinue use of themail and terminate their account by email notification notifying themail of termination.

Upon termination of the Service, the user's right to use themail immediately ceases and the user shall have no further rights and themail will have no obligation thereafter to forward any unread or unsent messages to the user or any third party.

13. Notice

All notices to a party shall be in writing and shall be made either via email or conventional mail. themail may broadcast notices or messages through themail to inform the user of changes to the Terms and Conditions, themail or other matters of importance; such broadcasts shall constitute notice to the user.

14. Participation In Promotion Of Advertisers

The user may enter into correspondence with or participate in promotions of the Advertisers showing their products in themail. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other Terms and Conditions warranties or representations associated with such correspondence or promotions, are solely between the corresponding user and the Advertiser. themail assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

15. Domains

Domains which are used for charitable use are hosted on servers at themail free of charge provided customers use themail dialup and point their web site email to an account at themail, where themail will earn revenue from the telecom service connected with that dialup account. Where an email account at themail has been terminated because of failure to use the service as defined under Clause 7 the normal annual hosting fee shall apply from the date at which the account was terminated.

Included with the domain is an unlimited number of email accounts at any given domain. The mail for these accounts is forwarded to your standard themail email address for collection from one central account. If you require individual pop boxes these can be provided for the standard fee of £20 per annum included with the email forwarding option.

Domain registration fees are due to Themail upon a bi-annual basis and it is the responsibility of domain owners to ensure that fees are paid on time as responsibility to renew domains lies with those who register them. Themail holds its domains under its own name until such time as the customer seeks to host that domain with another ISP. When requested and the appropriate domain transfer fee, currently £50 + vat per domain has been paid, the name of the domain held on behalf of the registrant is changed to the name of the owner upon the basis laid out in the terms and conditions of the relevant domain registry. The domain hosting service is supplied upon an as-is basis and themail is not responsible for the failure to host a domain as a result of equipment failure on any other reason which would render it liable to costs in excess of the charge paid for that service by the customer. Any claim for damages or liability are strictly limited to the total amount received by themail for the service provided in any annual period.

16. Proprietary Rights To Content

The user acknowledges 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 the user by the Service ("Content") by themail or themail's Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, the user is only permitted to use this Content as expressly authorised by the Service or the Advertiser. the user may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorised to do so by the Service or the Advertiser.

17. Laws

The Terms and Conditions shall be governed by and construed in accordance with the laws of the United Kingdom. The user and themail agree to submit to the exclusive jurisdiction of the High Court of England.

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

The user and themail agree that any cause of action arising out of or related to themail must commence within twelve months after the cause of action arose; otherwise, such cause of action is permanently barred.