General Terms & Conditions of Latmail.eu
LLC First LatCard, hereinafter referred to as “Latmail.eu,” provides you its service, hereinafter referred to as the “Service,” subject to the following General Terms & Conditions, which may be updated from time to time without notice to you.
1. ACCEPTANCE OF TERMS.
Please read this agreement carefully, by signing up for and/or otherwise accessing any of the services or products offered by Latmail.eu you agree to be bound by the terms of this Agreement. This agreement shall become come effective as of the date of acceptance of this agreement. EITHER YOU OR LATMAIL.EU MAY TERMINATE THIS AGREEMENT AT ANY TIME, AFTER WHICH ANY AND ALL E-MAILS OR DATA ASSOCIATED WITH YOUR ACCOUNT MAY BE DELETED. ANY AND ALL OUTSTANDING FEES SHALL BE DUE AND PAYABLE UPON TERMINATION. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE LATMAIL.EU SERVICES.
2. TERM AND TERMINATION.
2.1. You or Latmail.eu may terminate this Agreement at any time for any reason, with or without cause. You may terminate by providing written notice of termination to Latmail.eu pursuant to this Agreement.
2.2. Notwithstanding the provisions of Section 2.1., the Term of Services shall be one year, at the end of which you should pay yearly fee for the next period and after payment term of this Agreement shall renew automatically for the same period unless terminated prior to renewal pursuant to this Agreement.
2.3. Your termination of Services account shall be effective as of the end of the then-current Term. All other terminations, including a termination by Latmail.eu with or without cause, shall be effective immediately.
2.4. You further agree that in the event that Latmail.eu believes, in its sole discretion, that you have breached any provision(s) of this Agreement, Latmail.eu may, without any liability to you terminate or suspend any and all accounts registered by you or your access to your Services without prior notice to you. If your account is suspended by Latmail.eu for any reason whatsoever, your e-mail address will never be available to another customer. If your account is suspended for non-payment of Fees, Latmail.eu may but is not obligated to restore your Services account for one year upon written notice to Latmail.eu and payment in full of all Fees. Services accounts not restored during one year will be terminated immediately upon the expiration of same.
3.1. For Services, all Fees must be paid in advance of the provision of services for the entire Term. Fees must be paid in Euro via the Payment Account. Fees are nonrefundable, including any Fees paid in advance for the remaining period of term after termination in the following cases:
3.1.1. if you have breached any provision(s) of this Agreement including but not limited to Section 6;
3.1.2. if you terminate this Agreement without cause.
3.2. Fees are refundable, including any Fees paid in advance for the remaining period of term after termination if Latmail.eu has breached any provision(s) of this Agreement for the remainder of the Term.
3.3. If your account is suspended for non-payment of Fees, agreement shall renew from the Payment date for one year.
3.4. You acknowledge and agree that you may incur expenses for internet access or data transmission from third-party service providers not affiliated with Latmail.eu.
4.1. You will receive a temporary password and account upon completion of the registration process. Your account will be activated after successful payment. You can start using Services after receipt of crypto device. You are responsible for maintaining the confidentiality of your password, your account and your crypto device and are fully responsible for all activities that occur under your password and your account. You agree to immediately notify Latmail.eu of any unauthorized uses of the account or any other breaches of security. Latmail.eu cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
4.2. The Latmail.eu Services are subject to the following conditions and restrictions:
4.2.1. Latmail.eu shall provide to you a non-transferable, non-sublicensable, non-exclusive and limited license to use the amount of server space allocated to your Services for your non-exclusive use for the exclusive purpose of storing your Data.
4.2.2. Your use of the Latmail.eu Services shall not exceed that specified for your Services. You agree to check your e-mail and download or delete your e-mail on a regular basis in order to ensure compliance with this paragraph. Should your use of the Latmail.eu Services exceed the limits specified for your Services Latmail.eu may return or reject any and all e-mails sent to you to the sender without liability to you.
4.2.3. You are responsible for backing up your Data on your own computer. Latmail.eu will not be responsible for any archiving or backup of your Data. If any of your Data is damaged, deleted, lost or corrupted in any way, or becomes otherwise unavailable, whether due to termination or suspension of your account pursuant to this Agreement or otherwise, Latmail.eu will have no obligation or liability to you.
4.2.4. You represent and warrant that your e-mail address does not infringe the copyright, trademark, or any other intellectual property rights of any person or company.
5. YOUR ADDITIONAL OBLIGATIONS AND WARRANTIES.
5.1. You agree and warrant that you will not use the Latmail.eu Services to transmit messages which: display, contain or link to any harmful matter or indecent materials or communications which are available to, or accessible by, minors; display or contain any material that consists of child pornography, or other obscene content.
5.2. You affirmatively represent, agree and warrant that your Data and the use of your Data does not infringe the intellectual property rights of others, including, but not limited to, copyrights, trademark and service mark rights, patent rights and rights of publicity, both in Europe and throughout the world.
5.3. You agree and warrant that your Data shall not contain or link to any material which is offensive, harmful, violent, threatening, abusive or hateful.
5.4. You agree and warrant that you shall not engage in any false, deceptive or fraudulent activities in association with your use of the Latmail.eu Services.
5.5. You agree and warrant that you shall not intentionally or unintentionally violate any applicable laws of the Republic of Latvia or any international laws.
5.6. You agree and warrant that you shall not resell or redistribute the Latmail.eu Services or any part thereof.
6.CONFIDENTIALITY, TRADEMARK, AND COPYRIGHT
6.1 “Latmail.eu” is the property of First LatCard LLC all rights reserved. The trademarks, logos, and service marks displayed on this web site (collectively, the "Marks") belong Latmail.eu and/or its affiliates or third parties which have licensed those rights to Latmail.eu ("Partners"); Latmail.eu and Partners retain all rights to the Marks and nothing in this Agreement grants you or anyone else any right whatsoever to the use of the Marks. You may not use, reproduce, or display any Marks without their owner's prior written consent. All other trademarks, product names, and company names and logos appearing on Latmail.eu's web site are the property of their respective owners.
6.2 Unless expressly stated otherwise on the Latmail.eu web site, you should assume that all content, images, and materials appearing on this web site (collectively the "Latmail.eu Content") are the sole property of Latmail.eu. You may not use, reproduce, display, or sell any Latmail.eu Content without Latmail.eu's prior written consent.
7.1.1. comply with legal process or other legal requirements;
7.1.2. protect and defend the rights or property of Latmail.eu or its officers, agents, affiliates, licensees, and customers;
7.1.3. investigate violations of this Agreement or assist with criminal or civil investigations.
7.2. Latmail.eu's terms and conditions prohibit the disclosure of customer information without the customer's express written consent except as required to comply with a current judicial proceeding, a court order, subpoena or other legal process properly served on Latmail.eu.
8. FORCE MAJEURE
8.1. Each Party shall be exempted from liability for complete or partial non-execution of obligations, as well as for improper execution of its obligations under the Agreement if such non-execution resulted from Force Majeure that arose after signing the Agreement and that the Party could neither foresee, nor prevent by reasonable measures and that directly influences the ability of the Party to execute its obligations under the Agreement.
8.2. At the commencement and cessation of Force Majeure, the Party for which it became impossible to execute its obligations, shall immediately but not later than 3 (three) business days, inform the other Parties about it.
8.3. If the Party for which it became impossible to execute its obligations has not informed other Parties on these circumstances in time (Clause 10.2) it may not use Force Majeure as a ground for non-fulfilment of its obligations.
8.4. The Party, for which it became impossible to execute its obligations, shall be entitled not to execute only those obligations that were directly influenced on by Force Majeure. The obligations free from Force Majeure shall be subject to execution pursuant to the Agreement.
8.5. The Party, for which it became impossible to execute its obligations, shall take all reasonable measures to eliminate Force Majeure and its consequences.
8.6. The Party which reasoned non-execution of its obligations under the Agreement with Force Majeure must prove the fact of presence of Force Majeure.
9.1. All disputes arising in connection with the Agreement and which cannot be resolved by parties’ negotiation shall be referred to the Court in accordance with the laws of the Republic of Latvia.
9.2. The Agreement is governed by the laws of the Republic of Latvia.
This Agreement may be materially altered by Latmail.eu by posting the new version of the Agreement at www.Latmail.eu and if posted in this manner, shall be effective immediately upon posting such notice. You accept and shall be bound by such changed terms unless you opt to terminate the Agreement within thirty days of the posting of notice of such change.
First LatCard LLC, 2013, All rights reserved
Version: June 3, 2013
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