Pathway International Customer End User Agreement for Email Services
Effective Date: This Privacy Policy was last updated on February 16, 2006.
Pathway International Terms of Use for End-User of Email Services
This Agreement sets forth the general terms and conditions of your use of the Pathway International Email Services ('Email Services'). Your use of Email Services constitutes your agreement to all such terms and conditions. By using Email Services, you acknowledge that you have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, revised and any additional terms and conditions used in conjunction with these terms, conditions and policies including all Acceptable Use Policies (AUP) which Pathway International may establish from time to time. Such Agreements, terms and Policies and updates are found posted online at pathwayglobal.com/policies.htm. In addition, your employer may have policies you must abide by in addition to those set by Pathway International regarding your use of the Email Service. In no way shall those policies set by your employer change or alter the policies set forth by Pathway International. As our client, your employer is bound by terms and conditions that are in addition to your terms and conditions. Those terms and conditions may affect your use of Email Services. Depending on the specific account type purchased by your employer, account space and CPU server bandwidth may be limited by a certain amount of usage and storage space. You are responsible for ensuring that your email account does not cause excessive overloading on Pathway International's DNS or server network. In the event that you exceed your allotted bandwidth/data transfer and thereby overload Pathway International’s DNS or servers, Pathway International shall take any corrective action necessary to protect the network operation and availability. Such corrective action may include but shall not be limited to account suspension, relocation of account to a different DNS server, and deletion of existing email stored on the servers. Your employer may be given the opportunity to upgrade the account size. Pathway International will use its best efforts to e-mail Customers who are at or near their bandwidth utilization limits, but Pathway International does not take responsibility if email notification is not received by the Customer.
1. General Email Service Terms
Pathway International is providing you with the capability of sending and receiving electronic mail via the Internet. You must: (a) provide all equipment, including a computer and modem, necessary to establish a connection to the Internet; and (b) provide for your own connection to the Internet and pay any telephone service fees associated with such connection. Pathway International grants you a non-exclusive license to use Email Services through our servers for the purpose of retrieving, viewing, composing, and sending electronic mail and for other such electronic mail purposes as are ordinary and customary. Pathway International Email Services are accessible through your Internet Service Provider with your use of the third party email client Microsoft Outlook Express or Outlook email programs. In addition, the email service may work on other third party email clients such as Eudora. However our setup procedure specifically applies to Outlook and Outlook Express. You are free to use Email Services on any computer. You may setup the Email Services as provided and allowed by the instructions. You may not otherwise alter or modify the Software. You are not authorized to combine Email Services with any other software program, nor are you authorized to integrate any plug-in or enhancement which uses or relies upon Email Services. You are responsible for keeping copies of your email that you wish to save on your computer and hard copy if you so desire for your records. Pathway International regularly purges and deletes existing email stored on our servers to free up account bandwidth/data space. Typically, any email purged and deleted has been on our server for 30 days or more. Any such email purged and deleted is unrecoverable.
Pathway International explicitly reserves the right to terminate your license if it comes to Pathway International's attention that you are using Email Services for objectionable activities, including sending unsolicited email or SPAM; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which you conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism pornography and child pornography; or activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; activities designed to harm minors in any way. In addition, your employer as our client has the authority to request that we terminate your account for any reason at any time and we will do so.
2. Account Security
You agree to protect and treat as confidential your password and account information. You are responsible for any and all activities that occur under your account. You agree to notify Pathway International immediately of any unauthorized use of your account or any other breach of security. You agree Pathway International will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Pathway International specifically disclaims liability for any activity in your account, whether authorized by you or not.
3. Spam Policy
Pathway International does not tolerate the transmission of Spam. We monitor all traffic (email) to and from our Web servers for indications of spamming. Customers suspected to be using Pathway International products and services for the purpose of sending Spam are fully investigated. If Pathway International determines that the services in question are being used in association with Spam, Pathway International will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services.
How We Define Spam
We define Spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications from the sender. This can include, but is not limited to, the following:
Email Messages
Newsgroup postings
Windows system messages
Pop-up messages (aka "adware" or "spyware" messages)
Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
Online chat room advertisements
Guest book or Website Forum postings
Facsimile Solicitations
4. What We Allow and Don't Allow
We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by Pathway International's no Spam policies and Acceptable Use Policies (AUP). Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have already requested or "opted-in" to receive messages from the sender specifically. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by Pathway International, conclusive proof of opt-in may be required for an email address or fax number.
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