Nyack.com

Email TOS

Email Usage Terms and Conditions

Please look over our email usage terms and conditions below for details concerning our premium Email Service.

For further questions or comments regarding Premium Email Service email accounts and usage, please contact our Customer Service Center at info@webadv.com

1. Acceptance of Terms of Use

Premium Email is provided free of charge to registered users (each, a “User”) under these Terms of Use. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE “I ACCEPT” BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE.

2. Registration Information

Nyack.com makes significant efforts to protect the privacy of its users. Our Privacy Policy discloses our policies with regard to the protection and disclosure of user information. We may disclose an individual User’s name, address, email address or telephone number without such User’s prior consent and without any liability to User or any third party, to the extent necessary to or appropriate to i) comply with applicable laws or in legal proceedings where such information is relevant; ii) protect and defend the rights or property of us or enforce or further the application or intent of the terms of this Agreement; or iii) act to protect the personal safety of Users or the public iv) for other reasons that we may disclose to Users from time to time.

We reserve the right to terminate any User’s account if we learn that such User has provided us false or misleading registration information.

3. Modifications of these Terms of Use

Nyack.com may modify these Terms of Use from time to time in their sole discretion. Continued use of Simple Email will be conditioned upon each User’s affirmative acceptance of any such changes.

4. Modifications of Simple Email

Nyack.com may modify or discontinue User’s account with or without notice to any User, without liability to any User or any third party.

5. Contents of Messages

Nyack.com does not monitor, censor or edit the contents of individual Users’ email messages and attachments. Users alone are responsible for the contents of their messages and attachments, and the consequences of any such messages and attachments. User agrees that it will not use premium Email for chain letters, junk mail, “spamming”, solicitations (commercial or non-commercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process.

User further agrees not to use premium Email to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or contain viruses, trojan horses, worms, time bombs, cancelbots, or any harmful or deleterious programming rountine. Nyack.com will not be liable for any damage that may occur to a User or to User’s equipment as a result of any of the aforementioned being received by User. Additionally, User is solely liable for sending the aforementioned. Nyack.com reserves the right to terminate any User’s account if either of them becomes aware and determines, in their sole discretion, that such User is violating any of the foregoing guidelines. It is Nyack.com policy to respect the privacy of its Users.

6. User Name and Password

User is responsible for maintaining the confidentiality of its User Name and Password. User shall be responsible for all uses of its User Name, whether or not authorized by User. User agrees to immediately notify Icon Interactive, LTD. of any unauthorized use of its User Name.

7. Disclaimer of Warranties

USER EXPRESSLY AGREES THAT USE OF premium Email IS AT USER’S SOLE RISK. Simple Email IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Nyack.com and Website Advertising Ltd EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Nyack.com and Website Advertising Ltd DOES NOT MAKE ANY WARRANTY THAT Simple Email WILL MEET USER’S REQUIREMENTS, OR THAT Simple Email WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Dial-up Services, Inc. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Simple Email OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTA INED THROUGH premium Email.

USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Premium Email IS AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. Nyack.com DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR ANY TRANSACTIONS ENTERED INTO THROUGH Simple Email. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER THROUGH Premium Email SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

8. Limitation of Liability

Nyack.com and Website Advertising Ltd SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE Premium Email OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH Premium Email 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 INTANGIBLE, EVEN IF Nyack.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Email Message Storage

Nyack.com and Website Advertising Ltd does not assumes any responsibility for the deletion or failure to store email messages.

10. Promotional Messages

Nyack.com may send one email message a month to subscribers containing advertisements, promotions, etc. Nyack.com does not make any representation or warranty with respect to the content of any such email messages or any goods or services which may be obtained from such third parties, and User agrees that Nyack.com shall not have any liability with respect thereto.

11. Indemnification

User agrees to indemnify and hold each of Nyack.com and Website Advertising Ltd, their parent company, 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 Premium Email, the violation of these Terms of Use by User, or the infringement by User, or any other user of User’s account, of any intellectual property or other right of any person or entity.

12. Applicable Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions. Jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement, shall be only in a federal or state court having subject matter jurisdiction located in the USA.

Nyack.com is managed by the corporation of Website Advertising Ltd.