This agreement sets out the legally binding terms of your use of the service provided by eznow.com (“Service Provider”, “We” or “Our”) to you (“Customer”, “You” or “Your”), and may be modified by the Service Provider 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 the Service Provider (“Service”), you agree that you have read and understood this agreement and all of its contents (“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 this 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 yearly renewing service provided by the Service Provider enables the Customer 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.You agree and knowledge that WOPOP Email Service is an online product, non-deliverable, and you have to login www.wopop.com to manage this WOPOP Email Service.
The Service Provider solely and exclusively owns all intellectual property and other rights, titles and interests in and to the Service and all contents and materials provided to you through the Service, including, but not limited to, text, software, music, sound, video, photographs, graphics and animation (“Content”). All Content provided by the Service Provider and its licensors through the Service is the sole and exclusive property of the Service Provider, 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.
The Service Provider grants you a limited, nontransferable, nonexclusive, revocable license to access and use the Service and send, compose, read, print, save and forward messages containing the Content as described and limited in this Agreement. You hereby agree to access and use the Service for its intended purposes, subject to your compliance with this Agreement, and are hereby prohibited from utilizing the Service for any other purposes or to alter the Content and/or Service in any way, including, but not limited to, removing or deleting any proprietary rights notices. This license does not include the right to collect or use information contained on the Service Provider’s website or through the Service for purposes prohibited by the Service Provider, to compete with the Service Provider, create derivative works based on any and all Content obtained through the Service, or download or copy any Content obtained through the Service (other than page caching). In addition, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer any Content, information, documents, graphics or other materials or Content obtained through your use of the Service, in whole or in part, for commercial or non-commercial purposes. License to use the Service is limited to personal use by the Customer; therefore, resale or commercial use of the Service or any other means to seek financial gain from providing the Service to any third party, without the express prior written consent of the Service Provider, is strictly prohibited. By using the Service, you acknowledge and agree that portions of the Content is provided to you by third-party licensors, and you hereby agree to adhere to and comply with any such third-party’s license(s) and to refrain from violating any such licensor’s intellectual property rights. If you use the service in a manner that exceeds the scope of this license or breaches this Agreement, the Service Provider may revoke the license granted to you. By accessing, using and/or registering for the Service, you agree to:
By accessing, using and/or registering for the Service, you agree to:
(a) provide true, accurate, complete and current user information as requested by the Service Provider 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 equipments and/or materials necessary for you to make such connection to the Internet in order to access, use and/or register for the Service. (e) be responsible for renewal for your service prior to the product expiry date. The service provider does not have any responsibility to notify you the product renewal. (f) contact the service provider to arrange for renewal within 30 days after the expiration of your Services, failing which the service provider in its sole and absolute discretion may delete all the contents or data in your Member's account without any prior notification.
By providing any user information that is untrue, inaccurate, incomplete and/or not current, the Service Provider 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, the Service Provider may ask you to sign an affidavit verifying the fact that your list is truly permission based.
(a) as required by law;
(b) in compliance with legal authorities or during any legal proceedings;
(c) to enforce this Agreement;
(d) to respond to any good faith belief or claim that such message, or any of its contents, violate the rights or interests of any third party or violate this Agreement; and/or
(e) to protect the rights and/or property of the Service Provider, its licensors or any other third party.
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 the Service Provider makes use of the Internet to compose, send and receive messages; therefore, each Customer’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 materials;
(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 party without the consent of such third party;
(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, copyrights, trademarks and patent rights, rights of privacy or publicity, or any other applicable laws, 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 contents or materials that would encourage conduct that could constitute a criminal offense, civil liability or otherwise violate any applicable local 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;
(i) 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 relating to the transmission of data or software through the Service under any applicable local 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 alcohols, firearms or tobacco products;
(s) use the Service to send electronic mail transmissions to any third party that include links to any websites that violate the terms and conditions set forth in this Agreement; or
(t) engage in any other conduct, activity or behavior that, in the Service Provider’s sole and exclusive discretion, is considered unauthorized, illegal, immoral or objectionable.
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 message from you is strictly prohibited (“Spamming”). The definition of “Spamming" is determined solely by the Service Provider’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 the Service Provider may deem appropriate. The Service Provider reserves the right to immediately terminate any Customer’s license to access and/or use the Service if the Customer uses the Service, in whole or in part, for Spamming purposes, and the Service Provider 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 the Service Provider of any such violation.
The Service Provider holds no obligation to monitor the Service, your use of the Service or to store the content of any Customer session. However, the Service Provider 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 the Service Provider. You hereby agree that the Service Provider 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.
9. Customer Accounts and Security
As a Customer of the Service, you will receive a Customer 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 activities that occur within your Customer 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 Service Provider’s website. You expressly agree to promptly notify the Service Provider of any unauthorized use of your account or any other breach of security.
10. Unsolicited Submissions
The Service Provider will not accept, review or consider any suggestions, ideas, notes, drawings, diagrams, concepts or other information (“Information”) from any Customer or other third party, other than those it has specifically and expressly solicited, and the Service Provider therefore requests that any Customer or other third party refrain from sending any such Information to the Service Provider. If any Customer 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 the Service Provider. Customer hereby assigns and transfers all Intellectual Property Rights in and to the Information to the Service Provider, and Customer further agrees to reasonably and promptly effectuate the assignment described herein by executing all applicable instruments and documents now or hereafter requested by the Service Provider which are necessary to effectuate the assignment, as well as perform any other reasonable act deemed necessary by the Service Provider to fully transfer ownership of the Information to the Service Provider to the fullest extent possible. During any such transfer of ownership of Information from Customer to the Service Provider, the Service Provider is not responsible or liable to provide compensation to Customer in any way, form or manner for the transfer or assignment of Intellectual Property Rights in and to the Information, nor is the Service Provider subject to any confidentiality policies on behalf of the Customer regarding the Information and, therefore, shall not be liable or owe any compensation to Customer for any use and/or disclosure of the Information.
11. User-Submitted Content
You, as Customer, have the sole and exclusive responsibility for any content, data, text, software, music clips, sound, video, photograph, graphic, message, file or other material that is transmitted, posted or otherwise distributed by you through the Service (“Customer Materials” and “Customer Content”), including, but not limited to, the contents of your electronic mail communications, photographs posted by you on the Service Provider’s website or through the Service. As such, you assume sole liability for all Customer Materials posted by you, whether publicly or privately posted and/or transmitted. The Service Provider is not responsible and holds no liability relative to monitoring the Customer Content provided through the Service, and does not warrant, guarantee or represent, in any way, the accuracy, quality and/or integrity of the Customer Materials. By utilizing the Service, you acknowledge that you may be exposed to content or other materials submitted by third party or other users that may be offensive, indecent or otherwise objectionable, and that the Service Provider is held harmless from any liability resulting or arising out of same. Likewise, the Service Provider shall not be held liable for any errors or omissions in any content or for any losses or damages incurred as a result of the use of any content transmitted through the Service.
12. Use of Service and Storage Limitations
The Service Provider 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 the Service Provider’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.
(f) The sending out limitation for one email address is 500 emails per day. Exceeding this limit will be resulted in service termination.
The amount of electronic mail storage on the Service Provider’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. The Service Provider 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 the Service Provider liable for electronic mail messages that are not processed or sent due to space limitations or outbound message limitations. The Service Provider reserves the right to log off the account of any Customer which has been inactive for an extended period of time, at the sole discretion of the Service Provider. The Service Provider 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. You agree to back-up all of your Emails by yourself so that you can access and use it when needed. The service provider does not warrant that it backs-up any Emails for customers, and you agree to accept as a risk the loss of any and all of your Emails.
13. Prohibited Content
The Service completely forbids websites, services or products by any people who:
(a) sell, provide, offer or offer to sell the following types of content, products or services within the realm of: sexual goods, pornographies, pornographic services or anything related to those types of products, services or goods. This includes but is not limited to videos, softwares, 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.
(b) market, display or offer any material that exploits children or minors (anyone 18 years old and under).
(c) Offer, promote, sell or provide 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, pokers, online betting businesses, and both pro and college sporting event betting services.
(d) Provide, market or offer 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.
(e) Provide, post, market or offer personal information about children or minors (anyone 18 and under) without the permission of their parents or legal guardians.
(f) Promote, post or offer any type of product or service that is illegal in the geographic area of where the content is created, sent from or received.
(g) Distribute or unleash 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.
(h) Distribute, promote, post or offer 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".
(i) Distribute 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.
(j) Distribute or use 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.
The Service Provider will not monitor, edit, review or disclose the contents of any messages composed and/or sent by a Customer to a third-party recipient without Customer’s prior permission, unless:
(aa) as required by law;
(bb) in compliance with legal authorities or during any legal proceeding;
(cc) to enforce this Agreement;
(dd) 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
(ee) to protect the rights and/or property of the Service Provider, its licensors or any other third party.
As Customer 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 Customer account, for any reason and at any time. To terminate your account, you must immediately discontinue your use of the Service, notify the Service Provider of your intention to terminate your Customer account, and destroy all contents 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 the Service Provider to use the Service will be revoked. Termination of this Agreement and your Customer account to use the Service shall not have any effect on your obligations to the Service Provider under any other agreement or policy relating to the Service. Upon termination of your Customer account, the Service Provider shall not be liable, in any way, to you or any third party for termination of your use of the Service, and the Service Provider shall not be obligated to forward any unread, unsent or unprocessed electronic mail messages to you or any third party. The Service Provider reserves the right to immediately terminate your Customer 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 the Service Provider’s sole and exclusive discretion. Upon termination of your Customer 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 Customer account by the Service Provider, the Service Provider reserves the right to immediately delete all electronic mail messages in your Customer account and prohibit any and all further access to those electronic mail messages and/or your use of the Service. Termination of this Agreement by the Service Provider for spamming abuse is absolutely non-refundable without exception.You acknowledge and agree that the Service Provider will not be under any obligation whatsoever to entertain any request for refund made after the expiry of one year from the date you opened the account for the Service. PLEASE NOTE THAT UNTIL YOU PROVIDE US WITH A COMPLETED CANCELLATION REQUEST, YOUR ACCOUNT WILL BE CHARGED FOR YOUR SUBSCRIPTION FEE. INACTIVITY IN YOUR ACCOUNT WILL NOT CONSTITUTE A CANCELLATION. YOU WILL BE RESPONSIBLE FOR ANY OUTSTANDING BALANCES AS WELL AS RELATED COLLECTION COSTS. IF, FOR ANY REASON, AN UPLOADED CONTACT LIST IN YOUR ACCOUNT IS NOT APPROVED, YOU ARE RESPONSIBLE FOR CANCELING YOUR ACCOUNT.
15. Disclaimer of Warranties
You expressly agree that use of the Service is at your sole risk. The Service is provided by the Service Provider on an “as is” and “as available” basis. The Service Provider 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. The Service Provider makes no warranties that the Service will meet your requirements and/or be uninterrupted, timely, secure or error-free, nor does the Service Provider 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. The Service Provider 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 the Service Provider shall create a warranty not expressly stated herein. Furthermore, the Service Provider makes no warranties concerning the suitability of the content provided through the Service for any purposes.
16. Disclaimer of Liability
The Service Provider 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 the Service Provider has been advised of the possibility of said damages. Furthermore, the Service Provider 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.
The Service Provider reserves the right to modify and/or discontinue the Service, whether temporarily or permanently, with or without notice to the users, and the Service Provider shall not be liable to you or any third party for any such modification and/or discontinuance of the Service. The Service Provider 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 the Customers.
You agree to indemnify and hold the Service Provider, 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 the Service Provider’s website or the Service and/or arising from a breach of this Agreement and/or any breach of your representations, obligations and warranties set forth above. The Service Provider 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 the Service Provider
If there is any dispute about or involving the Service provided by the Service Provider, by using the Service, you agree that the dispute will be governed by the laws of the Hong Kong SAR without regard to its conflict of law provisions. You agree to personal jurisdiction by an arbitrator or a mediator and the courts of Hong Kong SAR.
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.
21. Entire Agreement
This Agreement represents the entire agreement between you and the Service Provider 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 the Service Provider with respect to your use of the Service.