PLEASE READ THE FOLLOWING TERMS OF THE COBALTMAIL EMAIL TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEB SITE OR REGISTERING FOR THE E-MAIL PRODUCTS AND COBALTMAIL EMAIL TERMS OF SERVICE MADE AVAILABLE ON THIS WEB SITE.

I. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF COBALTMAIL EMAIL SERVICE

The CobaltMail Email Service is owned and operated by Cobalt Support. Your use of this Web site and the CobaltMail Email Service provided to you (“User”) therein are subject to the terms and conditions of this Terms of CobaltMail Email Service and any amendments thereto and any operating rules or policies (the “Terms of CobaltMail Email Service”) that may be published from time to time. The Terms of CobaltMail Email Service comprises the entire agreement between User and CobaltMail and supersedes any prior agreements pertaining to the subject matter contained herein. BY COMPLETING THE SIGNUP FORM AND CLICKING THE “CREATE ACCOUNT” BUTTON, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF COBALTMAIL EMAIL SERVICE.

Additionally, certain pages of this Web site or related to the CobaltMail Email Service may contain additional terms and conditions that govern particular features or offers (for example, promotions or contests). In the event that the Terms of CobaltMail Email Service conflict with any such additional terms and conditions contained within any particular page of this Web site or related to the CobaltMail Email Service, then the Terms of CobaltMail Email Service shall govern and control your access to and use of this Web site and the CobaltMail Email Service.

II. DESCRIPTION OF COBALTMAIL EMAIL SERVICE
CobaltMail is providing User with the capability to send and receive electronic mail via the World Wide Web on the CobaltMail Email Service system. CobaltMail does not charge User for the CobaltMail Email Service, except for Enhancements User may elect to obtain. Unless explicitly stated otherwise, any new features that augment or enhance the current CobaltMail Email Service, including Enhancements, shall be subject to the Terms of CobaltMail Email Service. You understand and agree that the CobaltMail Email Service is provided “AS-IS” and that CobaltMail does not assume responsibility for the timeliness, deletion, mis-delivery or failure to store any User e-mail messages or communications or personalization settings.

In order to use the CobaltMail Email Service, User shall be solely responsible for: (a) User’s own access to the World Wide Web and the payment of any CobaltMail Email Service fees associated with such access, and (b) all equipment necessary for User to make such connection to the World Wide Web, including, without limitation, a computer and modem or other access device. User agrees that CobaltMail shall not be liable to User or any third party for, and shall indemnify and hold harmless CobaltMail from, any costs, expenses or damages in any way related to or resulting from User’s access to the World Wide Web, use of computer and other equipment or the CobaltMail Email Service.

III. USER’S REGISTRATION OBLIGATIONS
In consideration of your use of the CobaltMail Email Service, User agrees to: (a) provide true, accurate, current and complete information about User as prompted by the Registration Form on this Web site (such information being the “Registration Data”), and (b) to maintain and update the Registration Data to keep it true, accurate, current and complete. If any information provided by User is untrue, inaccurate, not current or incomplete, CobaltMail has the right to suspend or terminate User’s account and refuse any and all current or future use of the CobaltMail Email Service.

IV. USE OF REGISTRATION DATA; PRIVACY POLICY
Please review our Privacy Policy, which is a part of the Terms of CobaltMail Email Service, for important information concerning the methods and uses of the Registration Data and other information that we collect. You represent and warrant that you are at least 13 years of age and that you possess the legal right to use this Web site and the CobaltMail Email Service in accordance with the Terms of CobaltMail Email Service. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access this Web site or the CobaltMail Email Service. If you are under the age of 13 years, your parents must provide us with verifiable consent in order for you to register on this Web site for the CobaltMail Email Service.

V. MODIFICATIONS TO TERMS OF COBALTMAIL EMAIL SERVICE
CobaltMail reserves the right to change the Terms of CobaltMail Email Service under which the CobaltMail Email Service is offered at any time and from time to time without specific notice to you. You can review the most current version of the Terms of CobaltMail Email Service on this site. User is responsible for regularly reviewing the Terms of CobaltMail Email Service.

VI. MODIFICATIONS TO COBALTMAIL EMAIL SERVICE
CobaltMail reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the CobaltMail Email Service with or without notice to User. User agrees that CobaltMail shall not be liable to User or any third-party for, and shall indemnify and hold harmless CobaltMail from, any costs, expenses or damages in any way related to or resulting from any modification or discontinuance of the CobaltMail Email Service.

VII. MEMBER ACCOUNT, PASSWORD AND SECURITY
User will receive a password and account designation upon completing the registration process. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities which occur under User’s password or account. User agrees to immediately notify CobaltMail at of any unauthorized use of User’s password or account or any other breach of security via e-mail to: admin@cobaltmail.co.uk.

VIII. PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, neither this Web site nor any portion of this Web site may be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purpose not expressly permitted by CobaltMail This Web site and the CobaltMail Email Service is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or CobaltMail Email Services obtained from or related to this Web site or the CobaltMail Email Service without the express written permission of CobaltMail

IX. MEMBER CONDUCT
As a condition to your use of this Web site and the CobaltMail Email Service, User represent and warrants to CobaltMail that you will not use this Web site or the CobaltMail Email Service for any purpose that is unlawful or illegal or prohibited by the Terms of CobaltMail Email Service. The following policies govern the use of this Web site and the CobaltMail Email Service by User:
(a) User agrees to abide by and comply with all local, state, national and international laws and regulations and accepted Internet protocol applicable to User’s use of the CobaltMail Email Service, including without limitation, all applicable laws regarding the transmission of technical data exported from the United Kingdom;
(b) User agrees not to interfere with the use and enjoyment of the CobaltMail Email Service by other Users;
(c) User agrees to be solely responsible for the contents of User’s transmissions through the CobaltMail Email Service and shall not transmit any material that violates the rights of another, including, without limitation, the intellectual property rights of another;
(d) User shall not attempt to interfere with, damage, disable, overburden, impair or disrupt in any way the CobaltMail Email Service or CobaltMail’s servers or networks connected to the CobaltMail Email Service, or attempt to use the CobaltMail Email Service to gain unauthorized access to any other computer system;
(e) User agrees not to upload to, distribute or otherwise transmit through the CobaltMail Email Service any illegal, harassing, defamatory, libelous, invasive of privacy or publicity rights, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind, or which may constitute or encourage a criminal offense; and
(f) User shall not use the CobaltMail Email Service for “spamming.” “Spamming” includes, without limitation, (1) the sending of unsolicited messages in bulk, or the sending of unsolicited e-mails which provoke complaints from recipients, (2) the sending of junk mail, (3) the use of distribution lists that include people who have not given specific permission to be included in such distribution process, (4) posting commercial ads to USENET newsgroups that do not permit it, (5) excessive and repeated posting off-topic messages to newsgroups, (6) excessive and repeated cross-posting, (7) the e-mailing of age-inappropriate communications or content to anyone under the age of 18, and (8) the uploading, posting, e-mailing or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, ” chain letters,” “pyramid schemes,” or any other form of solicitation.

X. GENERAL PRACTICES REGARDING USE AND STORAGE
User acknowledge and agrees that CobaltMail may establish general practices and limits concerning use of the CobaltMail Email Service, including without limitation the maximum number of days that e-mail messages or other uploaded content will be retained by the CobaltMail Email Service, the maximum number of e-mail messages that may be sent from or received by an account on the CobaltMail Email Service, the maximum size of any e-mail message that may be sent from or received by an account on the CobaltMail Email Service, the maximum disk space that will be allotted on CobaltMail’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the CobaltMail Email Service in a given period of time. You acknowledge and agree that CobaltMail has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the CobaltMail Email Service. You further acknowledge and agree that CobaltMail reserves the right to change these general practices and limits at any time, in its sole discretion, and with or without notice.

XI. PROPRIETARY RIGHTS
The entire content included in this Web site, including but not limited to text, graphics, logos, icons, images or software is copyrighted under the United States and international copyright laws, and is the property of CobaltMail, or its content suppliers, in which case, CobaltMail’s use thereof has been authorized or licensed. The compilation of the content of this Web site is the exclusive property of CobaltMail and is protected by English Law, international and common law copyright laws. User acknowledges and agrees that User is permitted to use the content included in this Web site only as expressly authorized by CobaltMail, or its content suppliers. Any other use, including but not limited to the reproduction, distribution, display, posting, mirroring, or transmission of the content of this Web site is strictly prohibited. All trademarks, CobaltMail Email Service marks and trade names displayed or used in connection with the CobaltMail Email Service are proprietary to CobaltMail, or its content suppliers, in which case, CobaltMail’s use thereof has been authorized or licensed by the owner of such mark. Such trademarks, CobaltMail Email Service marks and trade names are protected by common law and/or federal trademark law and may not be used in violation of CobaltMail’s or any of its licensors’ rights. You further agree not to change or delete any proprietary notices from content or materials downloaded from this Web site or to modify such materials in any way.

XII. DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES
User’s correspondence with or participation in promotions of advertisers or other third parties found on the CobaltMail Email Service, including payment and delivery of related goods or CobaltMail Email Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User and advertiser or other third party. YOU AGREE THAT DEALINGS WITH SUCH ADVERTISERS OR OTHER THIRD PARTIES IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY CobaltMail ,EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES WILL CobaltMail COM BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGES ARISING FROM THE DEALINGS BETWEEN YOU AND SUCH ADVERTISERS OR OTHER THIRD PARTIES, AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS OR OTHER THIRD PARTIES ON THE CobaltMail Email Service OR FOR ANY INFORMATION APPEARING ON THEIR WEB SITES OR ANY OTHER SITE LINKED TO THIS WEB SITE.

All rules, policies (including privacy policies) and operating procedures of such advertisers or other third parties will apply to you while on their Web sites. We are not responsible for information provided by you to such advertisers or other third parties. We and the advertisers or other third parties are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

XIII. LINKS
The CobaltMail Email Service may provide, or Users may include in e-mail correspondence, links to other Web sites or resources. User acknowledges and agrees that CobaltMail is providing these links to you only as a convenience, and  not responsible for the availability of such external Web sites or resources, and the inclusion of any link does not imply endorsement by CobaltMail of the linked Web site or resources or any association with its operators. UNDER NO CIRCUMSTANCES WILL CobaltMail BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGES ARISING FROM OR IN CONNECTION WITH USER’S USE OF OR RELIANCE ON ANY CONTENT, GOODS OR CobaltMail Email Service AVAILABLE ON SUCH LINKED WEB SITES OR RESOURCES.

XIV. TERMINATION
User agrees that CobaltMail may terminate User’s password, account or use of the CobaltMail Email Service if CobaltMail believes (a) that User has violated or acted inconsistently with the letter or spirit of the Terms of CobaltMail Email Service, or (b) that User has violated the rights of CobaltMail or other Users or third parties. User further agrees that CobaltMail may terminate User’s password, account or use of the CobaltMail Email Service if User fails to use the CobaltMail Email Service at least one time during a reasonable period of time as determined by CobaltMail from time to time which period shall not be less than three months. User acknowledges and agrees that any termination of CobaltMail Email Service under the Terms of CobaltMail Email Service may be effected without prior notice, and upon termination of CobaltMail Email Service CobaltMail may immediately delete e-mail files and other information in User’s account and bar any further access to such files or information or the CobaltMail Email Service. The provisions relating to proprietary rights, disclaimers, limitations of liability and indemnification shall survive termination.

XV. INDEMNIFICATION
User agrees to indemnify, defend and hold harmless CobaltMail and it’s respective affiliates, officers, directors, agents and employees, from and against any and all losses, expenses, damages and costs, including reasonable legal fees, resulting from User’s violation of the Terms of CobaltMail Email Service, any activity related to use of the CobaltMail Email Service (including negligent or wrongful conduct) by User or any other person accessing the CobaltMail Email Service using your account, User’s connection to the CobaltMail Email Service or User’s violation of any rights of another, including any claim or demand made by any third party due to or arising out of User’s use of the CobaltMail Email Service.

XVI. DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USE OF THE COBALTMAIL EMAIL SERVICE IS AT ITS SOLE RISK. THE COBALTMAIL EMAIL SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, COBALTMAIL AND PARTNER EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE COBALTMAIL EMAIL SERVICE, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COBALTMAIL AND PARTNER MAKE NO REPRESENTATION OR WARRANTY THAT THE COBALTMAIL EMAIL SERVICE WILL MEET USER’S REQUIREMENTS, THAT THE COBALTMAIL EMAIL SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COBALTMAIL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COBALTMAIL EMAIL SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE COBALTMAIL EMAIL SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE COBALTMAIL EMAIL SERVICE IS DONE 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. COBALTMAIL MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY GOODS OR COBALTMAIL EMAIL SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE COBALTMAIL EMAIL SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH COBALTMAIL EMAIL SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM COBALTMAIL OR THROUGH OR FROM THE COBALTMAIL EMAIL SERVICE SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

XVII. LIMITATION OF LIABILITY
USER AGREES THAT IN NO EVENT SHALL COBALTMAIL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OF OR THE INABILITY TO USE THE COBALTMAIL EMAIL SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND COBALTMAIL EMAIL SERVICES OR RESULTING FROM ANY GOODS OR COBALTMAIL EMAIL SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE COBALTMAIL EMAIL SERVICE 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 COBALTMAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT COBALTMAIL SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF COBALTMAIL EMAIL SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

XIII. NOTICE
Any notice to User or to CobaltMail shall be made via either e-mail or regular mail.

XIX. GENERAL
User’s use of the CobaltMail Email Service, the Terms of CobaltMail Email Service and the relationship between User and CobaltMail shall be governed by the English Law without regard to conflicts of law principles. User agrees that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the CobaltMail Email Service shall be in England. A printed version of the Terms of CobaltMail Email Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of CobaltMail Email Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. User agrees that regardless of any statute or law to the contrary, any cause of action or claim User may have with respect to the CobaltMail Email Service must be commenced within six (6) months after the claim or cause of action arises or be forever barred.

CobaltMail’s failure to insist upon or enforce strict performance of any provisions of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.

CobaltMail may assign its rights and duties under the Terms of CobaltMail Email Service to any party at any time without notice to you.

If any part of the Terms of CobaltMail Email Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and limitations of liability set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of CobaltMail Email Service shall continue in effect.

Unless otherwise specified herein, the Terms of CobaltMail Email Service specified herein constitute the entire agreement between you and CobaltMail with respect to the CobaltMail Email Service and it supercedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and CobaltMail.

Terms of Service – version 1.09 (January 2009)