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Terms of Service
Service Agreement Version 2; April 28th, 2003. Welcome to Professional Email Service (the "Service"). In order to use our Services you must agree to these Terms of Service (ToS). In these ToS "you" refers to a registered user, and "We", "Us" or "Mail Title" refer to Mail Title Ltd, a company registered under the laws of the State of Israel. By clicking on the “I agree” button at the bottom of this screen, you will be bound by this agreement between you and Mail Title. If you do not agree to these ToS, choose the “I decline” button. In such case, you will not be entitled to use Professional Email Service. 1. The Professional Email Service 1.1. The Service provides you with a unique email address under one of the several designated Domain Names that we operate ("professional address"). While the Service may cater to the professional community, it is not a pre-requisite that you have any related degree in order to use it. 1.2. Once you register with the Service, a unique professional address shall be allocated to you according to these ToS. The Service will forward all messages sent to your professional address to the available email address that you designated during registration ("Valid email"). Please note: the Service DOES NOT provide any mail-box services. 1.3. We shall not read, inspect, examine, change or edit the contents of messages sent or received by you, including any file attached thereto - unless we receive your prior consent or in accordance with any legally binding order instructing us otherwise, and to the extent that the aforesaid is technically possible. 1.4. You hereby acknowledge and agree that the Service is subject to the terms, rules or policies applicable to any of the ccTLD (country code Top Level Domain) registrars of the domains we operate ("TLD Registrars"). You can review these terms and conditions at http://www.dns.md, http://www.nic.ac and http://www.nic.bz. 2. Registration and Use of the Service 2.1. During the registration process, you are required to choose a username and a password. You are also obligated to provide various details, such as your professional degree (if any), your full name, you address etc. You are specifically requested to provide us with a valid email address (Hereinafter and previously: “Valid Email”). Please note: email messages that you receive will be forwarded to your Valid Email, and it is therefore crucial that you will provide a correct and up-to-date Valid Email. If you change your Valid Email, you are required to update your Service registration. 2.2. You hereby declare and warrant that (a) the data you provided us with is true, complete and accurate (b) You shall not use the professional address for any unlawful purpose whatsoever (c) Your registration and use of the professional address will not infringe upon or otherwise violate the rights of any third party. In particular, you warrant and confirm that your Valid email is a valid and active email address exclusively owned by you and that you are legally entitled to use it. 2.3. Your username and password will enable you to change and update your Valid email from time to time. You must keep the password secret, and not disclose it to any other person or entity. In order to limit the possibility of unauthorized use of your account with us, you should change the password as frequently as possible. 2.4. You shall bear the sole responsibility and liability for any unauthorized use of the Service resulting from the fact that you have not duly safeguarded the password or have not changed it from time to time. You undertake to immediately report any unauthorized use of the Service to us and abide with any instructions we may give you if such misuse occurs. 3. The Professional Email Address 3.1. Subject to our discretion, we may allocate to you the professional address that you choose during the registration process. Note that registration is processed online simultaneously and therefore we cannot guarantee that a specific professional address will be available by the time you complete your registration. 3.2. You may not use Professional Addresses that are of sexual nature, vexatious, hostile, damaging, threatening, crude or racist, defamatory, infringe privacy or intellectual property or any address that might breach any other legal provision. 3.3. You may not use as Professional Addresses trade names or trademarks that you do not own. 3.4. BY COMPLETING THE REGISTRATION PROCESS, YOU ATTEST THAT THE PROFESSIONAL ADDRESS YOU CHOSE COMPLIES WITH THESE TOS, AND THAT TO THE BEST OF YOUR KNOWLEDGE IT DOES NOT INTERFERE WITH OR BREACH ANY LAW OR THIRD PARTY RIGHTS. 4. FEES 4.1. In Consideration for the Service, you undertake and agree to pay Mail Title the applicable service fees. 4.2. All fees payable hereunder are non-refundable even if your Service is suspended, cancelled or expropriate prior to the end of the Service Term. 5. Right to deny service 5.1. We may refuse to allow the use of your chosen professional address. We may suspend, cancel or expropriate the use of any professional email address that you have registered. We may perform these acts according to the provisions of these ToS, without specifying reasons thereof. Notice regarding these actions shall be given to you in advance by an email message sent to your Valid email Address. You agree that we shall not be liable to you or to any third party for any loss or damage that may result from our refusal to allot the Professional Address you chose or from any cancellation or expropriation of such address or of the Service. 5.2. Notwithstanding the aforesaid, we shall be fully entitled, upon our own discretion, to permit any third party to use any address we refused to allot to you. You shall not have any plea, claim or demand vis-a-vis Mail Title in the event that we act pursuant to this right. 5.3. YOU HEREBY EXEMPT MAIL TITLE, ITS MANAGERS, EMPLOYEES, SUBCONTRACTORS, ADVISORS OR ANY THIRD PARTY CONNECTED TO IT, FROM ANY PLEA, CLAIM OR DEMAND IN RESPECT OF ANY DAMAGE, LOSS, PAYMENT, EXPENSE OR INCONVENIENCE OF ANY TYPE WHATSOEVER, THAT YOU MAY SUFFER DUE TO THE PLACING ON HOLD OR EXPROPRIATION OF YOUR PROFESSIONAL ADDRESS OR THE SERVICE, PURSUANT TO THE PROVISIONS OF THESE TOS,. YOU ACKNOWLEDGE THAT WE AGREE TO PROVIDE YOU WITH THE SERVICE SOLELY IN RELIANCE UPON YOUR SAID WARRANTY. 6. Prohibited conduct The Service may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any national or international law or regulation, is prohibited. This includes, but is not limited to, material protected by copyright, patent, trademark, trade secret, or any other statue or regulation. Furthermore, you undertake and agree: 6.1. Not to use the Service for the purpose of sending commercial unsolicited email, balk email , chain letters, “junk” mail and the like; 6.2. Not to use the Service to perform any illegal act or in order to send messages or material (including attached files) which are illegal, vexatious, false, hostile, damaging, threatening, crude, or objectionable, or which encourage the committal of a criminal offense, or which might constitute a basis for a claim, criminal or civil - including any material constituting an infringement of privacy or defamation; 6.3. Not to send via the Service any material containing viruses, Trojan horses, worms or any other malicious application of any type; 6.4. Not to use the Service in order to or in a manner that might disrupt the proper operation of any computer system; 6.5. Not to commit any act that might disrupt the Service, or impair Professional Email Address clients’ enjoyment of the Service; 6.6. To bear full and exclusive liability for the contents of the messages sent via the Service and for any consequences arising thereof ; 6.7. To use the Service in accordance with the provisions of any local, state, national or international law or regulation. If you breach any of these provisions, we may immediately terminate this agreement with you, and expropriate your professional address. 7. Privacy and Personal Details 7.1. You are under no legal duty to provide the information required for Service registration. However, without this information you shall not be entitled to benefit from the Service. Your personal details shall be kept in our database. We may use your personal details - and any information we may collect - for the purpose of improving the Service, for statistical purposes or for any other purpose permitted by our Privacy Policy. 7.2. We do not monitor or record the Messages sent to or from you, or the identity of the sender or receiver of these Messages. We do not know or record to whom you send Messages and from whom you receive them. 7.3. Your privacy is important to us. We will maintain confidentiality in respect of the details you submit to us. We may from time to time send you email messages in order to inform you of, and interest you in, products and services or for the purpose of maintaining contact with you and providing you with information concerning your account. You may elect not to receive commercial communications from us. In order to do so please send an email to list@mailtitle.com and write "NO_COMM" in the email subject. 8. Changes in the Service and Additional Services 8.1. We may from time to time offer you additional services (hereinafter: “Additional Services"). Additional Services may be subject to additional service fees and different terms and conditions. We may also change the scope of the Service, or the Additional Services, the availability thereof and any other aspect of the Service. These changes might be enacted due to the dynamic nature of the Internet or technological and commercial development and progress. 8.2. You hereby acknowledge and agree that changes in the Service might initially involve malfunctions or create inconvenience. You shall not have any plea, claim or demand vis-a-vis Mail Title in respect of any such changes, malfunctions or inconvenience occurring in consequence thereof. 9. Breach and Termination We may terminate this agreement, suspend, cancel, transfer or modify your Professional Email Address at any time, particularly in the event that we consider you to have breached any of the provisions of these ToS, or any rule or policy or you have committed any act or omission which impairs or is likely to impair the Service. The provisions of this clause are in addition to any of Mail Title’s rights pursuant to the law or these ToS. 10. Term of the Service and renewal This Agreement shall remain effective for the duration of the term of your professional address registration as selected, registered and paid for (The "Term"). 11. Prohibition on Sale and Commercial Use Your right to use the Service is a personal one. You agree not to resell or make any commercial use of the Service, without our express prior written consent. 12. Disclaimer of Warranty and Limitation of Liability You acknowledge and agree that the Service is provided on an "AS IS", "AS AVAILABLE" basis. Use of the Service is at your own risk and you will be solely responsible for any consequences resulting thereof. YOU SHALL NOT HAVE ANY PLEA, CLAIM OR DEMAND VIS-A-VIS MAIL TITLE, ITS MANAGERS, EMPLOYEES, SUBCONTRACTORS, ADVISORS OR ANY THIRD PARTY CONNECTED TO IT, IN RESPECT OF THE SERVICE’S PROPERTIES, ABILITIES, LIMITATIONS OR COMPATIBILITY WITH YOUR NEEDS. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. WE PROVIDE NO WARRANTY THAT THE SERVICE WILL BE UN -INTERRUPTED, SECURE, ERROR FREE OR IMMUNE FROM UNAUTHORISED USE OR ACCESS. WE SHALL NOT BEAR ANY LIABILITY IN RESPECT OF ANYRESULTS STEMMING FROM USE OF THE SERVICE. WE SHALL BEAR NO LIABILITY FOR MESSAGES FORWARDED OR ROUTED BY US, THE CONTENT THEREOF OR ANY FILE ATTACHED THERETO AND THE OPERABILITY OF ANY SUCH FILE. IN NO EVENT SHALL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, LOSS, OR INCONVENIENCE (INCLUDING BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS). IN NO EVENT SHALL OUR AGGREGATED LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICE. IN STATES SUCH AS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENCIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 13. Indemnity You shall indemnify us, our employees, directors or anyone acting on our behalf in respect of any damage, loss, loss of profit, payment or expense incurred by them (including attorney’s fees and legal expenses) resulting from a breach of your obligations pursuant to the ToS. 14. Intellectual Property All rights in the Service and in Mail Title’s website and in its domain name - including any text, computer code, software, application, picture, painting, graphics file or database appearing in Mail Title’s web site or used in the Service’s operation - are the sole property of Mail Title. 15. Alterations to the ToS We may alter, revise or replace these ToS or any additional rules or policies from time to time. Any such revision or change of the ToS shall be posted on Mail Title’s Site, and shall be binding and effective 30 days after such posting. Your continued use of the Service shall constitute your acceptance of the new terms. If you do not agree to any of said changes, you may request to cancel the Service. You acknowledge and agree that such cancellation will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published us. 16. Force Majeure We shall not be liable for any delay or failure to meet our obligations under this Agreement due to any cause outside our control such as, inclement weather, Acts of God, war, riot, terrorism, malicious acts of damage, civil commotion, holocaust, refusal of license, domain name transfer or revocation, power failure, fire or the lack of availability of materials. 17. Law and Jurisdiction 17.1. The laws of the State of Israel alone shall apply to this agreement. 17.2. The competent courts in the City of Tel Aviv, Israel, shall have sole jurisdiction over any claim in connection with the Service and in respect of any matter relating to the validity, applicability, performance or interpretation of this agreement. 18. General 18.1. No waiver, concession, extension, representation, alteration, addition or derogation from this agreement or pursuant hereto shall be deemed valid, unless effected expressly and in writing. 18.2. The provisions of these ToS exclusively exhaust the entire agreement between the parties with regard to the Service. We are not obligated to perform any act or provide any service in addition to our obligations under these ToS. 19. Interpretation 19.1. The paragraph headings herein are intended solely for purpose of orientation and reading convenience, and shall not be used in the interpretation hereof. 19.2. The provisions hereof shall also apply to the Additional Services, if offered, mutatis mutandis. 20. Notices Any notice pursuant to these ToS shall be sent by email. email notifications must be sent to us at customer@mailtitle.com, or in the case of notification to you to the last Valid email address registered on our servers. Any email communication shall be deemed to have been validly and effectively received on the first business day following the day it was dispatched.

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