Terms and conditions for E-mailing
service:
This agreement sets out the
legally binding terms of your use of the service provided by
StrankyWebove.cz to you (hereinafter referred to as "End User",
"You" or "Your"), and may be modified by StrankyWebove.cz from
time to time, such modifications to be effective upon posting
of the modified agreement. By accessing, using and/or registering
for the service provided by StrankyWebove.cz (hereinafter referred
to as the "Service"), you agree that you have read and
understand this End User Terms of Service and all of its
contents (hereinafter referred to as this "Agreement"), intend this
Agreement to be the legal equivalent of a signed, written contract
and equally binding, and that you will be subject to all
of the terms and conditions set forth herein. You agree to
review the Agreement periodically to be aware of any such
modifications, additions, deletions or other changes, and your
continued access, registration and/or use of the Service shall be
deemed your acceptance of the modified agreement.
1. Description of Service
The e-mailing
service provided by StrankyWebove.cz enables the End User to send
electronic messages containing rich media content, including, but not limited
to, images, videos, music, sound clips and other audiovisual and/or
interactive features. Any new feature, enhancement, addition, change or
upgrade to the current Service shall be subject to the terms
and conditions set forth in the Agreement herein.
2. Intellectual Property
StrankyWebove.cz solely and exclusively owns all intellectual property
and other rights, title and interest in and to the
StrankyWebove.cz service and all content and materials provided
to you through the Service, including, but not limited to, text, software,
music, sound, video, photographs, graphics and animation (hereinafter
referred to as the "Content"). All such content provided by
StrankyWebove.cz and its licensors through the Service is the sole
and exclusive property of StrankyWebove.cz, and any
unauthorized use of the content may violate copyright laws, patent laws,
moral rights laws, trade secret laws, confidential information laws, trademark
laws, unfair competition laws or other similar rights.
3. End User Obligations
By accessing,
using and/or registering for the Service, you agree to: a) provide
true, accurate, complete and current user information as requested
by StrankyWebove.cz at any time; b) promptly and regularly update
your user information to maintain its accuracy and completeness;
c) provide for your own access to the Internet and pay any
fees or costs relative to such access that is required to
access the Service; d) provide all necessary equipment and/or materials
necessary for you to make such connection to the Internet
in order to access, use and/or register for the Service.
By providing any user information that is untrue, inaccurate, incomplete
and/or not current, StrankyWebove.cz reserves the right to suspend
or terminate your account and refuse any and all current
or future use of the Service, in whole or in part,
by you. On occasion, we may ask you to sign an affidavit verifying
the fact that your list is truly permission based.
4. End User Privacy
StrankyWebove.cz will not
monitor, edit, review or disclose the contents of any Messages
composed and/or sent by an End User to a third-party recipient
without End User's prior permission, unless: a) as required by
law; b) in compliance with legal authorities or during any legal
proceeding; c) to enforce this Agreement; d) to respond to any
good faith belief or claim that such Message, or any of its
contents, violates the rights or interests of any third party
or violates this Agreement; and/or e) to protect the rights
and/or property of StrankyWebove.cz, its licensors or any
other third party. As an End User composing and/or sending such Messages,
you acknowledge and agree that technical processing of the Messages
is required in order to send and receive such Message, to
conform to the technical requirements of connecting networks,
to conform to the limitations of the Service and its
equipment, to conform to other similar technical requirements,
or as otherwise noted in the StrankyWebove.cz Privacy Policy.
5. End User Conduct
By accessing and/or using
the Service, you hereby represent and warrant that you will not
utilize the Service for any purpose that is unlawful and/or
prohibited by the terms and conditions in this Agreement. The
Service provided by StrankyWebove.cz makes use of the Internet
to compose, send and receive Messages; therefore, each End User's
conduct is subject to Internet law, regulations, policies and
procedures. By utilizing the Service, you shall not engage in unlawful
or unethical activities through your use of the Service, including,
but not limited to: a) unsolicited surveys, contests or pyramid schemes;
b) defamation, libel, slander, abuse, harassment, stalking, embarrassment,
threatening acts or otherwise violate the legal rights of any third
party; c) publish and/or distribute inappropriate, profane, vulgar,
defamatory, infringing, obscene, adult-oriented, pornographic, tortuous,
indecent, unlawful, immoral or otherwise objectionable material; d) harm
minors in any way, form or manner; e) harvest or collect any
information about any third party, including, but not limited to, e-mail
addresses, without consent of such third party; f) record conversations
or communications between or among any other third parties without
the consent of such third parties; g) create false identities for
the purpose of misleading any third party as to the identity
of the sender of any Message or to manipulate the
origin of any Message or transmission of same; h) transmit
or upload any content or materials that contain viruses,
trojan horses, worms, bots or any other harmful or destructive
programs; i) transmit or upload any content or materials that
contain software or other content that is protected by
Intellectual Property Rights, including, but not limited to, copyright,
trademark and patent rights, rights of privacy or publicity,
or any other applicable law, unless you are the owner of such rights
thereto or have received all necessary consents by the
respective owners of such rights; j) transmit or upload any content
or material that would encourage conduct that could constitute a criminal
offense, civil liability or otherwise violate any applicable local, state,
federal or international law, regulation or policy; k) interfere
with, disrupt or manipulate the Service, its networks or servers,
or violate the regulations, policies and procedures of such
networks and servers; l) successfully gain or attempt to
gain unlawful and/or unauthorized access to the Service
and/or accounts, systems and networks connected to the Service
by password mining or other unauthorized means; m) violate any
applicable laws, policies or regulations, including, but not limited to,
laws relative to the transmission of data or software exported
from the European Union through the Service and/or any other applicable
local, state, federal and international law and regulation; n)
interfere with any individual, entity, or any other third party's use
and enjoyment of the Service; o) use the Service to advertise
and/or promote any illegal activities; p) use the Service for
illegal purposes; q) use the Service for gambling or betting
purposes; r) use the Service to promote the use of alcohol, firearms
or tobacco products; s) use the Service to send electronic mail
transmissions to any third party that include links to any web site
that violates the terms and conditions set forth in this Agreement;
or t) engage in any other conduct, activity or behaviour that,
in StrankyWebove.cz's sole and exclusive discretion, is considered
unauthorized, illegal, immoral or objectionable.
6. Spamming
By accessing, using and/or
registering for the Service, you shall not use the Service, in whole
or in part, in any way, for the purpose of composing
and/or sending chain letters, junk electronic mail, "spam", or
any purpose that involves the utilization of distribution lists to any
third party business or individual that has not given express
specific permission to be included in such a distribution list. Any
electronic mail advertisement that is composed and addressed to a
third-party recipient with whom the sender does not have an existing business,
commercial or personal relationship and which is not sent at the
express request or consent of the recipient to receive such a
Message from you is strictly prohibited (hereinafter referred to as
"Spamming"). The definition of "Spamming" is determined solely by
StrankyWebove.cz ‘s internal evaluation system, which involves numerous data
points, including such things as your complaint rate, bounce rate,
complaints from ISPs and feedback from blacklisting services and
other criteria we may deem appropriate. StrankyWebove.cz reserves the right
to immediately terminate any End User's license to access
and/or use the Service if such End User uses the Service, in whole
or in part, for Spamming purposes, and StrankyWebove.cz
reserves the right to seek appropriate legal action as necessary
for any such violation. If you reasonably believe that any other user may
be using the Service for Spamming purposes, you hereby agree that
you will promptly notify StrankyWebove.cz of any such violation.
7. Monitoring
StrankyWebove.cz holds no
obligation to monitor the Service, your use of the Service
or to store the content of any end user session. However, BME
reserves the right to monitor, review, retain, store or disclose any
information or content as necessary, at any time, in
conjunction with any applicable law, regulation, policy, legal process
and/or government or police request, or to enforce this
Agreement herein at the sole discretion of StrankyWebove.cz. You
hereby agree that StrankyWebove.cz shall be held harmless from any
liability for any such monitoring, lack of monitoring, review, lack
of review, retention, lack of retention and/or disclosure
of content or information as described herein.
8. End User Accounts and Security
As an End
User of the Service, you may receive an end user account and
password to access said account. You are solely responsible for
maintaining the confidentiality and security of your account
and password. You are solely responsible for any and all
activity that occurs within your end user account while using the Service,
including, but not limited to, the content located in all electronic
mail messages sent through the Service from your account. You may modify
or change your password at your sole discretion, at any time, by
following the instructions located on the StrankyWebove.cz web site. You
expressly agree to promptly notify StrankyWebove.cz of any
unauthorized use of your account or any other breach of
security.
9. Unsolicited Submissions
StrankyWebove.cz will not accept, review or consider any suggestions,
ideas, notes, drawings, diagrams, concepts or other information
(hereinafter referred to as "Information") from any End User or
other third party, other than those it has specifically and
expressly solicited, and StrankyWebove.cz therefore requests that any End
User or other third party refrain from sending any such Information
to StrankyWebove.cz. If any End User or other third party elects
to send any suggestion, idea, note, drawing, diagram, concept or
other information, any such Information shall be deemed the property of
StrankyWebove.cz. End User hereby assigns and transfers all
Intellectual Property Rights in and to the Information to
StrankyWebove.cz, and End User further agrees to reasonably and
promptly effectuate the assignment described herein by executing all
applicable instruments and documents now or hereafter requested
by StrankyWebove.cz which are necessary to effectuate the assignment,
as well as perform any other reasonable act deemed necessary
by StrankyWebove.cz to fully transfer ownership of the
Information to StrankyWebove.cz to the fullest extent possible.
During any such transfer of ownership of Information from End User
to StrankyWebove.cz, StrankyWebove.cz is not responsible or liable
to provide compensation to End User in any way, form or
manner for the transfer or assignment of Intellectual Property
Rights in and to the Information, nor is StrankyWebove.cz
subject to any confidentiality policies on behalf of the End User
regarding the Information and, therefore, shall not be liable or owe any
compensation to End User for any use and/or disclosure of
the Information.
10. User-Submitted Content
You, as
End User, have the sole and exclusive responsibility for any content,
data, text, software, music clips, sound, video, photographs, graphics,
messages, files or other material that is transmitted, posted or
otherwise distributed by you through the Service (hereinafter referred
to as "End User Content"), including, but not limited to, the
contents of your electronic mail communications, photographs posted
by you through the Service. As such, you assume sole liability for
all End User Materials posted by you, whether publicly or privately
posted and/or transmitted. StrankyWebove.cz is not responsible and
holds no liability relative to monitoring the End User Content provided
through the Service, and does not warrant, guarantee or represent,
in any way, the accuracy, quality and/or integrity of the End
User Materials. By utilizing the Service, you acknowledge that you may be
exposed to content or other materials submitted by third
parties or other users that may be offensive, indecent or otherwise
objectionable, and that StrankyWebove.cz is held harmless from any
liability resulting or arising out of same. Likewise,
StrankyWebove.cz shall not be held liable for any errors or
omissions in any content or for any loss or damage
incurred as a result of the use of any content transmitted
through the Service.
11. Use of Service and Storage
Limitations
StrankyWebove.cz may, at its sole discretion, establish and
enforce general practices, policies and limitations with regard to
your use of the Service, including, but not limited to: a) the maximum
number of day(s) that electronic mail messages or other uploaded
content will be stored by the Service; b) the maximum number of
electronic mail messages that may be sent or received by your
account through the Service; c) the maximum size of any electronic mail
messages that may be sent or received by your account through the
Service; d) the maximum disk and/or server space that will be allotted
to you on StrankyWebove.cz's servers for your use of the
Service; and/or e) the maximum number of instances and duration
which you may access the Service in a given period of time. The
amount of electronic mail storage on StrankyWebove.cz's server allotted
to you for your use of the Service is limited; however,
additional storage space for electronic mail messages may be available
to you upon payment of additional fees. StrankyWebove.cz shall not
be held liable for the deletion of an electronic mail message
or the failure to compose or send an electronic mail message
through use of the Service, nor is StrankyWebove.cz liable for
electronic mail messages that are not processed or sent due to
space limitations or outbound message limitations. StrankyWebove.cz
reserves the right to log off the account of any end user which
has been inactive for an extended period of time, at the sole
discretion of StrankyWebove.cz. StrankyWebove.cz further reserves the
right to modify, add to or otherwise change these practices,
policies and limitations at any time, with or without notice to
you, at its sole discretion.
12. Prohibited Content
StrankyWebove.cz completely forbids Websites, services
or products by any people who:
Sell,
provide, offer or offer to sell the following types of content,
products or services within the realm of: sexual goods, pornography,
pornographic services or anything related to those types of
products, services or goods. This includes (but is not limited to):
videos, software, magazines, escort services, illegal goods, drugs,
accessories or contraband related to drugs, pirated software,
or instructions or education on how to create grenades, bombs,
illegal arms or other weapons.
Markets,
displays or offers any material that exploits children or minors
(anyone 18 years old and under).
Offers,
promotes, sells or provides either services or content related
to commercial email spam, which includes but is not limited to: illegal,
Web-based or even direct pharmaceutical sales. This also includes sex
or sex-related products, work at home businesses, credit repair, debt
relief services, financial management services, trade or stock tips,
refinancing and mortgage-related services, DJ services, party
and/or nightclub promotion, gambling, bet-making or odds-based
services, which may include but is not limited to casinos or casino
games, racetrack or dog-racing bets, poker, online betting businesses,
and both pro and college sporting event betting services.
Provides, markets or offers any offensive material that
expresses prejudice, racism, bigotry, hatred, profanity, or any material
that uses lewd, excessively violent, lascivious, dirty, or other
questionable and objectionable content.
Provides, posts, markets or offers personal information about children
or minors (anyone 18 and under) without the permission of
their parents or legal guardians.
Promotes,
posts or offers any type of product or service that is illegal
in the geographic area of where the content is created, sent from
or received.
Distributes or unleashes
nefarious computer or technology related items that include but are not
limited to viruses, harmful code, trojans, key-logging software or
other types of spyware. Distributes, promotes, posts or offers
services or content that solicit participation in pyramid or
ponzi schemes, multi-level or channel (MLM) businesses or services
that include but are not limited to work at home jobs, "get rich quick"
schemes, services or content that offers ways to "build wealth"
or become "financially independent".
Distributes content that could be considered threatening, defamatory, libelous
or harassing. Promotes or solicits material that encourages violence
or subterfuge against organizations, governments, groups, individuals
or public figures, or sends out or promotes anything that gives
instruction or assistance in carrying out aforementioned violence
or behavior. Distributes or uses any content not owned by the
sender including photos, artwork or content without the express written
consent of the owner, or distributes any material that identifies
or displays images of people without their express written consent.
StrankyWebove.cz will not
monitor, edit, review or disclose the contents of any Messages
composed and/or sent by an End User to a third-party recipient
without End User's prior permission, unless: a) as required by
law; b) in compliance with legal authorities or during any legal
proceeding; c) to enforce this Agreement; d) to respond to any
good faith belief or claim that such Message, or any of its
contents, violates the rights or interests of any third party
or violates this Agreement; and/or e) to protect the rights
and/or property of StrankyWebove.cz, its licensors or any
other third party. As an End User composing and/or sending such Messages,
you acknowledge and agree that technical processing of the Messages
is required in order to send and receive such Message, to
conform to the technical requirements of connecting networks,
to conform to the limitations of the Service and its
equipment, to conform to other similar technical requirements,
or as otherwise noted in the StrankyWebove.cz Privacy Policy.
StrankyWebove.cz reserves the right to show the
clients logo and name on our site as representing that they use our
service for advertising purposes only. Any client can be removed from
said list by simply emailing us or sending written confirmation
of the same.
13. Termination
As End User
of the Service, if you disagree and/or are dissatisfied with the
Service, in whole or in part, or with any provision
of this Agreement, in whole or in part, or any
subsequent modifications thereto, it is your sole and exclusive
obligation and remedy to terminate your End User account, for
any reason and at any time. To terminate your account, you must
immediately discontinue your use of the Service, notify StrankyWebove.cz
of your intention to terminate your End User account, and
destroy all content and materials obtained through your use of the
Service, all related documentation and any originals or copies
of same. Upon execution of the termination process, you must cease
all use of the Service immediately, and any license granted to
you by StrankyWebove.cz to use the Service will be revoked.
Termination of this Agreement and your StrankyWebove.cz account
to use the Service shall not have any effect on your obligations to
StrankyWebove.cz under any other agreement or policy relating to the
StrankyWebove.cz Service. Upon termination of your End User account,
StrankyWebove.cz shall not be liable, in any way, to you or
any third party for termination of your use of the Service,
and StrankyWebove.cz shall not be obligated to forward any unread,
unsent or unprocessed electronic mail messages to you or any
third party. StrankyWebove.cz reserves the right to immediately terminate
your End User account and your access to the Service for any
violation of the terms and conditions set forth in this
Agreement, with or without prior notice to you, for any
reason in StrankyWebove.cz's sole and exclusive discretion. Upon
termination of your End User account and your access to the
Service, you must destroy all content and materials obtained through your
use of the Service, all related documentation and any originals
or copies of same. Upon termination of your End User account
by StrankyWebove.cz, StrankyWebove.cz reserves the right to
immediately delete all electronic mail messages in your End User account
and prohibit any and all further access to those electronic
mail messages and/or your use of the Service. All Terminations
by StrankyWebove.cz for spamming abuse are absolutely
non-refundable without exception.
Cancellation Policy
You may cancel your account at any time. Your fees are
prepaid so we simply require that you cancel prior to renewal date
or you will be charged your next term subscription fee, if any fee
applies to you. We do not prorate or refund our service.
To cancel your account, notify StrankyWebove.cz by
e-mail. You will receive a cancellation confirmation message by email.
Your account may become inaccessible at any moment since cancelation has
been required and all data pertaining to Service provided to
you.
14. Disclaimer of Warranties
You expressly
agree that use of the Service is at your sole risk. The Service is
provided by StrankyWebove.cz on an "as is" and "as
available" basis. StrankyWebove.cz 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. StrankyWebove.cz makes no warranties that
the Service will meet your requirements and/or be uninterrupted, timely,
secure or error-free, nor does StrankyWebove.cz make any warranty
as to the accuracy or reliability of any information
obtained and/or downloaded through the use of the Service or
that defects in the system and software will be corrected.
StrankyWebove.cz makes no warranty regarding any goods or services
purchased or downloaded through the use of the Service or any
third-party links or any information obtained or transactions
entered into through the use of the Service. No advice or
information, whether oral or written, obtained by you from
StrankyWebove.cz shall create a warranty not expressly stated herein.
Furthermore, StrankyWebove.cz makes no warranties concerning the suitability
of the content provided through the Service for any purpose.
15. Disclaimer of Liability
StrankyWebove.cz shall not be liable for any damages whatsoever, whether
direct, indirect, punitive, incidental, special or consequential, arising
out of or in any way connected to the use of the
Service or with the delay or inability to use the Service,
or for any information, products and services obtained through
use of the Service, or otherwise arising out of the utilization
of the Service, whether based in contract, tort, strict liability
or otherwise, even if StrankyWebove.cz has been advised of the
possibility of said damages. Furthermore, StrankyWebove.cz shall not be
liable for any damages arising from the interruption, suspension or
termination of the Service, including, but not limited to, direct,
indirect, incidental, special, consequential or exemplary damages,
whether or not such interruption, suspension or termination was
justified, negligent or intentional.
16. Modifications
StrankyWebove.cz reserves the
right to modify and/or discontinue the Service, whether temporarily
or permanently, with or without notice to the users, and
StrankyWebove.cz shall not be liable to you or any third party
for any such modification and/or discontinuance of the Service.
StrankyWebove.cz further reserves the right to make revisions,
modifications, additions, deletions or any such changes to this
Agreement at its sole discretion, at any time, with or without notice
to its users.
17. Indemnification
You agree to indemnify
and hold StrankyWebove.cz, subsidiaries, affiliates, officers, agents,
representatives, successors, members, principals and other partners
and employees harmless from any loss, liability, claim or demand,
including reasonable attorney's fees, made by any third party due to
or arising out of your use of the Site or services set
forth in this Agreement and/or arising from a breach of this
Agreement and/or any breach of your representations, obligations
and warranties set forth above. StrankyWebove.cz reserves the right
to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, and you shall not,
in any event, settle any matter without the written consent of
StrankyWebove.cz.
18. Jurisdiction
If there is any dispute about
or involving the Service provided by StrankyWebove.cz, by
using the Service, you agree that the dispute will be governed by the
laws of the Czech Republic without regard to its conflict of
law provisions. You agree to personal jurisdiction by an
arbitrator or mediator and the federal courts of the
Czech Republic. You agree to be bound by these terms and
conditions, including Section 18.
19. Severability
If any term or provision
of this Agreement is determined to be illegal, unenforceable or
invalid in whole or in part for any reason, such illegal,
unenforceable or invalid provision(s) or part thereof shall be
stricken from this Agreement, and such provision(s) shall not affect the
legality, enforceability or validity of the remainder of this
Agreement. If any provision or part thereof is stricken in
accordance with the provisions of this section, then this stricken
provision shall be replaced, to the extent possible, with a legal,
enforceable and valid provision that is as similar in
tenor to the stricken provision as is legally possible.
20. Entire Agreement
This Agreement
represents the entire agreement between you and StrankyWebove.cz with
respect to your use of the Service, and it supersedes all
prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and StrankyWebove.cz with
respect to your use of the Service.