The following is the YourNameEmail.com User Agreement, which defines the terms and conditions that You agree to when You subscribe for Services with YourNameEmail.com. Please read these terms and conditions carefully before using the Services.

By continuing to use the Services, You are consenting to be bound by the User Agreement, and all related policies and guidelines of YourNameEmail.com, if any, as indicated in this User Agreement are incorporated by reference.

YourNameEmail.com reserves the exclusive right to revise, change or amend any portion of the User Agreement, or any other policies or guidelines governing the Services, at any time, in its sole discretion and without advance notice to You. You agree to comply with all policies regarding permitted and prohibited uses of the Services that may be posted by YourNameEmail.com on the YourNameEmail.com website (the “Site”). Any changes will be effective upon posting of the revisions on the Site. Your use of the Services will be subject to the most current version of the User Agreement posted on the Site at the time of such use. You may view the most current version of this policy by selecting the link to User Agreement under Tech Support. Your continued use of the Services following our posting of any changes will constitute Your acceptance of such changes or modifications. If You do not agree to any changes to the User Agreement, You should immediately discontinue use of the Services.

At the sole discretion of YourNameEmail.com, a customer in violation of the User Agreement may have the Services cancelled without refund and/or, if appropriate, be subject to a civil action and/or criminal prosecution.

1.  DEFINITIONS

In this User Agreement, the following terms shall have the meanings set out in this Section 1:

“User Agreement” means this User Agreement and the terms and conditions contained herein in respect of use of the Services, as the same may be amended or replaced from time to time in accordance with the provisions of this User Agreement;

“Charges” means the relevant and appropriate fees and charges payable by You for using the Services as agreed to during the registration process when You signed up for the Service and as outlined on the service plan page, www.yournameemail.con/content/plans.htm, as the same may be amended from time to time in accordance with the provisions of this User Agreement;

Claims” means any claim, demand, liability, damage, loss, suit, action, or cause of action and all related costs and expenses, including legal fees, if any;

“Content” includes information made available, displayed or transmitted in connection with the Services including but not limited to all trade-marks, domain names, contents of any bulletin boards or chat rooms or forums, information made available by means of an “hyper link”, a third party posting or similar means and all updates, upgrades, modifications and other versions of any of the foregoing;

“Initial Term” means the initial term during which You receive the Services from YourNameEmail.com, as specified in the registration process when You register and subscribe for Services with YourNameEmail.com, such term to be no less than one (1) month;

“Services” means the email services and related services, subject to this User Agreement, provided to You by YourNameEmail.com;

“Spam” means unsolicited e-mails, including without limitation, commercial advertising and informational announcements;

“Spamming” means sending spam;

“Term” means any additional term subsequent to the Initial Term, including any renewal term(s);

“You” means the subscriber of Services and shall include the words “Your” or “Customer”; and

“YourNameEmail.com” means the provider of Services and shall include the words “We”, “Our”, “YourNameEmail” and shall also include Montalier International Ltd., the owner of the YourNameEmail.com brand.

2.  INTERPRETATION

The provisions contained in this User Agreement are intended to be guidelines for You as it relates to acceptable behaviour and conduct in connection with Your use of the Services. These provisions are not meant to be exhaustive. In general, any conduct that violates any laws, regulations, or any of the generally accepted norms of the Internet community, whether or not expressly mentioned in this User Agreement, is prohibited. YourNameEmail.com reserves the exclusive right, at any and all times, to prohibit any of Your activities, in connection with Your use of the Services, that in any way damage the commercial reputation and goodwill of YourNameEmail.com.

Unless otherwise specified, words importing the singular include the plural and vice versa and words importing gender include all genders.

3.  SYSTEM AND NETWORK SECURITY

In connection with Your use of the Services, You are strictly prohibited from engaging in the following activities:

1. tampering with accounts of other users, or committing unauthorized intrusions into any part of the YourNameEmail.com system or related systems;

2. using servers, files, accounts, or networks to intrude, without authorization, into any other system or systems;

3. using accounts not provided or intended for use by You or circumventing security provisions in order to access Services without incurring Charges;

4. using the YourNameEmail.com system in a manner that unfairly, as determined in the sole and absolute discretion of YourNameEmail.com, encumbers disk space, processors, network or other system resources beyond those provided to You as part of the Services purchased;

5. making deliberate attempts to interfere with or overload any other service or attempt to disable a host;

6. any network-based attack on local and/or foreign networks, hosts, servers, or any systems or applications, including without limitation, overloading, engaging in “denial of service” attacks, “crashing” or “mail-bombing”, in which case YourNameEmail.com will promptly notify the appropriate law enforcement authorities of such violation(s); and

7. utilizing the Services in any other manner so as to interrupt or interfere with the access to and/or usage of the Internet by another party; and

8. using the Service to knowingly transmit emails infected with virus, worms, Trojan horses and other files that may jeopardize or compromise the recipient's computer(s) or network(s) or in other ways damage property or interests of third parties.

4.  E-MAIL

In connection with Your use of the services, You are strictly prohibited from engaging in the following activities:

1. sending commercial e-mail to a recipient if such recipient has requested that You discontinue such communication;

2. transmitting e-mail, to non-consenting recipients, that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, including but not limited to any e-mail that encourages conduct that would constitute a criminal offence, violate the laws of others or otherwise violates any applicable local, provincial, national or international law;

3. knowingly transmitting e-mail that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, alter or limit the functionality of any computer software or hardware;

4. forging e-mail header information in any way;

5. using Your account with YourNameEmail.com or access to a network connection by using the YourNameEmail.com Services to collect e-mail replies of messages sent from any other Internet service provider that is in violation of this User Agreement or those of the originating service provider;

6. Spamming;

7. using another site’s mail server to relay Your e-mail without the expression permission of that other site; and

8. using the SMTP gateway provided by YourNameEmail.com for any purpose that is deemed, in the sole and absolute discretion of YourNameEmail.com, to constitute resource abuse.

YourNameEmail.com reserves the sole right to block, without notice to You, any e-mail messages to You that, in YourNameEmail.com’s sole and absolute discretion, are considered Spam.

5.  BILLING

In connection with the use of the Services, You agree to the following:

1. Paying, as applicable, any and all relevant Charges relating, but not limited, to (i) hosting subscription fees; (ii) additional disk space; and (iii) additional e-mail accounts;

2. Canadian Customers will be charged GST in respect of all Charges.

3. You agree to the Charges, as they may be amended from time to time. Notice to You of any such amendments shall be made by YourNameEmail.com updating the Site or sending notification thereof by e-mail or regular mail. By agreeing to this User Agreement, You authorize YourNameEmail.com to charge any amounts payable by You, in connection with Your use of the Services, automatically to the credit card You provided in the registration process or such credit card number that You provide thereafter, regardless of the status of Your account with YourNameEmail.com and subject only to the terms and conditions of the agreement between You and Your credit card issuer. Your right to use the Services is subject to any limits established by Your credit card issuer.

4. All prices on the YourNameEmail.com website are listed in US$ (United States Dollars). YourNameEmail.com reserves the right to charge You in any currency, at the US$ equivalent at the time of billing. An administration fee of USD$15 will be applicable for any NSF check, and a fee equivalent to 5% of all credit card chargebacks, will be levied for any and all such chargebacks.

5. Each Term, will be for a period equal to the Initial Term unless You or We give the other prior written notice of termination on no less than five (5) business days before the end of the Initial Term or Term (as applicable). Any failure by You to give such written notice of terminations is deemed sufficient authorization from You for YourNameEmail.com to  renew the relevant subscription(s) for one Term at the current rates and to charge any valid credit card that You have provided to YourNameEmail.com for the purpose of payment.

6. In respect of all valid credit cards that You provide to YourNameEmail.com for the purpose of payment, if YourNameEmail.com is not notified by You, prior to the expiry date of such credit card, YourNameEmail.com will automatically update the expiry date of the credit card on YourNameEmail.com’s own internal system, to the next year in order to prevent any undesired interruption of the Services.

 6. DOMAIN NAMES

Any and all domain names that is being offered by YourNameEmail.com and may or will be used by You in connection with the Services are and shall remain the sole property of YourNameEmail.com. Provided you comply with all terms and conditions of this User Agreement, this User Agreement grants you the right to use exclusively or non-exclusively, depending on the subscription plan that you have chosen or in future will choose, the domain name as an email address and to send and receive emails exclusively through the Services of YourNameEmail.com. As such, the domain name is licensed for use with the services of YourNameEmail.com, and is not sold. This User Agreement does not grant You any rights to the domains, trademarks or services of YourNameEmail.com except as expressly granted to you in this User Agreement.

YourNameEmail.com reserves all rights not expressly granted to you in this User Agreement. Each domain owned by YourNameEmail.com is protected by copyright laws, intellectual property laws and other laws and treaties.

7.  DISCLAIMER

1. All services provided by YourNameEmail.com, is provided to you “as is” and “as available” without warranty or condition of any kind, either express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement.

2. YourNameEmail.com makes no representations or warranties that (i) the services will meet your requirements; (ii) the services will be uninterrupted, timely, secure, or error-free; and (iii) the results that may be obtained from the use of the services will be accurate or reliable.

3. YourNameEmail.com is not responsible for any damages arising from your use of any services provided by YourNameEmail.com or your inability to use any services for any reason. This expressly includes any reimbursement for losses of income due to disruption of services by YourNameEmail.com or its providers that exceed the fees paid by you.

8.  LIMITATION OF LIABILITY

1. You expressly understand and agree that in no event shall YourNameEmail.com, its directors, officers, shareholders, employees, agents or advisors be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if YourNameEmail.com has been advised of the possibility of such damages under contract, warranty, negligence, strict liability or any other theory), resulting from: (i) the use or the inability to use the services, the site or any content; (ii) any third party claims that the use by you of the services or the content violates any intellectual property right; or (iii) any other matters relating to the service, the site or the content.

2. You specifically acknowledge that YourNameEmail.com is not liable for the defamatory, offensive or illegal conduct of third parties and that the risk of injury from the foregoing rests entirely with you. Further, YourNameEmail.com shall have no liability to you for any content downloaded from the service. You agree that the aggregate liability of YourNameEmail.com, its directors, officers, shareholders, employees, agents or advisors to you for any and all claims under contract, warranty, negligence, strict liability, or other theory arising from this user agreement or from the use of the site, the content, or the services is limited to US$100.00 (one hundred United States dollar).

9.  GENERAL

You agree to abide by the following general provisions:

1. All Services provided to You by YourNameEmail.com may only be used for lawful purposes. Transmission, distribution or storage of any Content in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trade-mark, trade secret or other intellectual property rights used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Further examples of non-acceptable Content or links, include without limitation: “pirated software”, “hacker programs or archives” , “warez Sites” and “IRC Bots”.

2. YourNameEmail.com reserves the right, in its sole discretion, to deactivate Your account(s) upon an indication of credit problems, including delinquent payments, and if portions of this User Agreement are, in the sole and absolute discretion of YourNameEmail.com, being violated in any way.

3. YourNameEmail.com has no obligation to monitor content or Your use of Our network. However You agree that We have the right to monitor and investigate content and Your use of Our network electronically from time to time and to disclose any information as necessary to (i) satisfy any law, regulation or other governmental request or to assist in the pursuit of any legal action against You; (ii) operate the Services properly; (iii) ensure or enforce compliance with this User Agreement and the Privacy Policy; or (iv) protect YourNameEmail.com or Our subscribers.

4. You are solely responsible for safeguarding by downloading and backing up Your Content and or any of Your files that reside on YourNameEmail.com’s managed and/or owned servers. YourNameEmail.com is not responsible in any way for the Content You store on YourNameEmail.com servers, or for the reliability of the transmission of data across or through the YourNameEmail.com network.

5. You agree that any material or Content that You send through YourNameEmail.com managed and/or owned servers will not contain anything leading to an abusive or unethical use of the Service. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, and any defamatory, harassing and harmful materials or uses. You agree to indemnify and hold harmless YourNameEmail.com and its officers, directors, shareholders, employees, agents and advisors from and against any Claims, losses, judgments, damages, costs and expenses (including, without limitation, reasonable legal fees), incurred by any of the foregoing parties due to or resulting from Your publication of such materials or Your use of such materials. YourNameEmail.com, at its sole and absolute discretion, may or may not give notice to You before deactivating the use of any of Your account(s) that are determined to violate this User Agreement in any way.

6. Due to the public nature of the Internet, all information should be considered generally accessible to the public and important or private information should be treated carefully. YourNameEmail.com is not liable for protection or privacy of Your e-mail or Your other information transferred through the Internet or any other network YourNameEmail.com or its customers may utilize.

7. YourNameEmail.com maintains exclusive control and ownership of any and all domain names, Internet Protocol numbers and addresses that may be assigned to You and reserves in its sole and absolute discretion the right to change or remove any and all such Internet Protocol numbers and addresses.

8. Your use of any Content obtained via the Site is at Your own risk. YourNameEmail.com specifically denies any responsibility for the accuracy or quality of information obtained through its Services.

9. Your use of other organizations' networks or computing resources is subject to their respective permission and usage policies.

10. If YourNameEmail.com cancels Your account(s) for any reason, You agree not to reregister with YourNameEmail.com without YourNameEmail.com's prior written consent. In the event You reregister without YourNameEmail.com's prior written consent, YourNameEmail.com will cancel Your account(s) and all dues and fees paid to date will be forfei½ted regardless of whether Services have been rendered. Additionally, any amounts owed in arrears will be made due and payable immediately.

11. YourNameEmail.com requires that You be qualified to enter a legal contract. YourNameEmail.com cannot accept payments from persons who are not at least eighteen (18) years of age. You will be held responsible for keeping all billing data for YourNameEmail.com accurate and up-to-date. Any misrepresentation made by You in respect of any data and/or information supplied by You during the registration process will be grounds for YourNameEmail.com to terminate Your account.

12. You agree to defend, hold harmless, and expeditiously indemnify YourNameEmail.com from any and all liability, Claim, loss, judgment, damage, cost or expense (including, without limitation, reasonable legal fees) arising out of Your breach or violation of any covenant contained in this policy, or resulting from Your use of the Services.

13. You agree to waive and hold YourNameEmail.com harmless from any Claims relating to any action taken by YourNameEmail.com as part of an investigation into a suspected violation of this User Agreement or as a result of its conclusion that a violation of this User Agreement has occurred. Therefore, You cannot sue or recover any damages whatsoever from YourNameEmail.com as a result of YourNameEmail.com’s decision to remove material from its server, or to suspend or terminate Your account.

14. The web server is physically located in the Province of Ontario, and You may only access the server by means of the Internet.

15. YourNameEmail.com reserves the sole and exclusive right to cancel Your account with YourNameEmail.com, based on, but not limited to, You engaging in activities that (i) encumber the CPU; (ii) require resource intensive processes, including the usage of resource intensive software applications or server-side scripts; (iii) require significant bandwidth; and/or (iv) require significant disk space.

16. YourNameEmail.com may terminate any of Your account(s) immediately by giving notice in writing, in the event that You present an abnormal risk of loss (including without limitation, incurring a significant amount of billable Charges for which You have not been credit approved), as determined by YourNameEmail.com in its sole and absolute discretion.

17. YourNameEmail.com has a strong corporate policy to respect and protect the privacy of its customers and their information that is stored on YourNameEmail.com's servers. This policy is available at www.YourNameEmail.com/Policy/privacypolicy.aspXXXXXX. YourNameEmail.com will only access and disclose information as necessary to comply with applicable laws and government requests, to provide YourNameEmail.com Services, to operate or maintain its systems or to protect itself or its customers.

10.  POLICY ENFORCEMENT

YourNameEmail.com does not routinely monitor Your activity for violation of this User Agreement. However, in Our efforts to promote good citizenship within the Internet community, we will respond appropriately if We become aware of inappropriate use of Our Services. Although YourNameEmail.com has no obligation to monitor the Services and/or the network, YourNameEmail.com, its affiliates, suppliers and agents reserve the right to monitor and investigate usage and content from time to time to operate the Services; to identify violations of this User Agreement; and/or to protect the network and Our subscribers.

When YourNameEmail.com becomes aware of any alleged violation of this User Agreement, YourNameEmail.com will immediately initiate an investigation. YourNameEmail.com, may at its own discretion anytime during an investigation, restrict Your access to the Services in order to prevent any further possible unauthorized activity. Depending on the severity of the violation, YourNameEmail.com may, at its sole discretion, restrict, suspend, or terminate Your account and/or pursue other legal remedies. If such violation is a criminal offence, YourNameEmail.com will promptly notify the appropriate law enforcement officials of such violation. You hereby authorize YourNameEmail.com, its affiliates, suppliers and agents to cooperate with: (i) law enforcement authorities in the investigation of suspected criminal violations; and (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce this User Agreement. Such cooperation may include YourNameEmail.com providing the username, IP address or other identifying information about a subscriber.

Notwithstanding any of the above, YourNameEmail.com reserves the right, in its sole and absolute discretion, to terminate Your access to any Services, at any time. Any fees that have been paid in advance of cancellation will be pro-rated and refunded to You if cancellation is initiated without cause by YourNameEmail.com. If cancellation of Services is a result of a violation of this User Agreement that causes YourNameEmail.com to incur any additional costs (i.e. network traffic, disk space, licensing charges, etc), You acknowledge Your responsibility to reimburse YourNameEmail.com from fees paid in advance and/or future billing. Upon termination of the Services, YourNameEmail.com is authorized to delete any files, programs and data associated with Your account.

11.  COPYRIGHT INFRINGEMENT

1. Should YourNameEmail.com become aware of any material sent or posted by You that could be infringing on a third party’s copyright, YourNameEmail.com will immediately initiate an investigation. If a claim is received by YourNameEmail.com from a third party complainant with the applicable copyright or trademark registration number, a copy of the underlying copyrighted work along with Your materials and/or a good faith declaration, signed under penalty of perjury, that (i) the material is the property of the complainant; or (ii) the work has been copied and that use of the material is not defensible, YourNameEmail.com, at its sole discretion, may, at anytime, restrict Your access to the challenged material.

2. YourNameEmail.com will notify You of the copyright infringement allegation and will allow You to respond to the allegation(s)

3. YourNameEmail.com shall have no liability, directly or indirectly, to third parties for any of Your infringing materials. You agree to indemnify and hold harmless YourNameEmail.com and its officers, directors, shareholders, employees, agents and advisors from and against any Claims, losses, judgments, damages, costs and expenses (including, without limitation, reasonable legal fees), incurred by any of the foregoing parties due to or resulting or associated with processing valid infringement allegations and defending any and all legal claims associated therewith.

12.  CONTENT

1. All Services may be used for lawful purposes only. Your transmission, storage, or presentation of any Content in violation of any and all applicable federal, provincial and municipal laws is prohibited. This includes, but is not limited to: copyrighted material, material judged to be defamatory, threatening or obscene, or material protected by trade secret and other statute. You agree to indemnify and hold YourNameEmail.com and its officers, directors, shareholders, employees, agents and advisors from and against any Claims, losses, judgments, damages, costs and expenses (including, without limitation, reasonable legal fees) resulting from the use of the Services which damages You or any other party. 

2. Pornography and sex-related merchandising are prohibited on all YourNameEmail.com servers. This includes the transmission of material that may infer sexual content or any links to adult content elsewhere. The foregoing applies equally to sites that promote any illegal activity or content and that may be damaging to Our servers or any other server on the Internet. Links to such materials are also prohibited.

3. The following are examples of non-acceptable content or links (i) pirated software; (ii) hackers' programs or archives; (iii)  Warez Sites; (iv) IRC Bots; (v) Spyware or any related software that records an user’s activities without their permission and forwards that information via the Internet; and (vi) SPAM software (i.e., any software that allows a user to transmit SPAM.) 

4. YourNameEmail.com will be the sole arbiter as to what constitutes a violation of this provision.

13.  REPORTING ABUSE OF THIS POLICY

Any party seeking to report any violations of this policy may send an e-mail to: abuse@YourNameEmail.com

14.  APPLICABLE LAW

You agree that all matters relating to the use of the Site, the Services and the Content shall be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of laws. You also agree that any action at law or in equity arising out of or relating to this User Agreement or Your use of the Site, the Services or the Content will be filed only in a court located in Toronto, Ontario, Canada and You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for the purpose of any such action.

15.  ENTIRE AGREEMENT

This User Agreement constitutes the entire agreement between You and YourNameEmail.com relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and this User Agreement may not be amended or modified except in writing or by making such amendments or modifications available on the Site.

16.  NO AGENCY; THIRD-PARTY BENEFICIARY

YourNameEmail.com is not Your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from this User Agreement is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this User Agreement. This User Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of YourNameEmail.com and You.

17.  ASSIGNMENT

You may not assign, convey, subcontract or delegate any of Your rights, duties or obligations hereunder.

18.  SEVERABILITY

If any provision of the User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the User Agreement remain in full force and effect.

19.  LIMITATION

You agree that regardless of any statute or law to the contrary, any Claim arising out of or related to use of the Services or the User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

20.  NO WAIVER

YourNameEmail.com will not be considered to have waived any of its rights or remedies described in this User Agreement unless the waiver is in writing and signed by YourNameEmail.com. No delay or omission by YourNameEmail.com in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. YourNameEmail.com's failure to enforce the strict performance of any provision of the terms and conditions herein will not constitute a waiver of YourNameEmail.com's right to subsequently enforce such provision or any other provisions of the User Agreement.

21.  HEADINGS

The headings used in this User Agreement are included for convenience only and have no legal or contractual effect.

YourNameEmail.com is a brand owned by Montalier International Ltd.