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Terms of Use for the I Live In
Lanzarote Email Service NISCO Holdings
S.L through the
web site known as I Live In Lanzarote, ("ILIL") hosted on the domain
name iliveinlanzarote.com shall provide e-mail products and services
("the Service") to you ("User") under the terms and conditions of
these Terms of Service ("the Agreement"). The
services are hosted and licensed to NISCO Holdings S.L on the UK
Computer Services network situated at a Data Centre in the United
Kingdom. USER UNDERSTANDS AND
ACKNOWLEDGES THAT USER IS ENTERING INTO AN AGREEMENT WITH ILIL AND
NOT THE WEB SITE WITH WHOM ILIL HAS ASSOCIATED TO BRING YOU THIS
SERVICE IN THE CASE OF OUR RESELLERS. BY COMPLETING THE REGISTRATION
PROCESS AND BY CLICKING ON THE "ACCEPT" BUTTON YOU ARE AGREEING TO
BECOME A PARTY TO THIS AGREEMENT WITH ILIL AND TO THE TERMS AND
CONDITIONS HEREIN AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND
ANY APPLICABLE ASSOCIATE STATEMENT ACCESSIBLE FROM THE HOME PAGE OF
OUR SITE. PERSONS UNDER 13 MAY NOT SIGN UP FOR THE SERVICE AT THIS
TIME.
Acceptable Use Policy
Review our Acceptable Use Policy located at
http://www.iliveinlanzarote.com/aup.asp
Privacy Policy
Review our Privacy Policy located at
http://www.iliveinlanzarote.com/privacy.asp
Title
Title, ownership rights, and intellectual property rights in all
content and material that is part of, contained in, or accessed
through the ILIL Service, and provided by either ILIL or sponsors or
any other content provider shall remain the sole property of
NISCO Holdings S.L and its licensees and/or sponsors or any other content
provider.
Indemnification
User agrees to indemnify and hold ILIL and its licensors, parents,
subsidiaries, affiliates, network partner sites, officers and
employees ("Affiliated Parties"), 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 the ILIL Service, the violation of
the Agreement by User, or the infringement by User, or by any other
user of the ILIL Service using User's computer, of any intellectual
property or other right of any person or entity, or as a result of
any threatening, libellous, obscene, harassing or offensive material
contained in any User communications.
Disclaimer of Warranty
ILIL EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE ILIL SERVICE. THE ILIL
SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE PERFORMANCE
OF, OR ARISING OUT OF THE USE OF THE ILIL SERVICE IS BORNE BY USER.
ILIL MAKES NO WARRANTY REGARDING ANY GOODS, INFORMATION OR SERVICES
PURCHASED OR OBTAINED THROUGH THE USE OF THE ILIL SERVICE. THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE
AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED
WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO USER AND USER MAY HAVE
OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR
OTHERWISE, SHALL ILIL OR ITS LICENSORS OR RESELLERS BE LIABLE TO
USER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO
USE THE ILIL SERVICE, THE PERFORMANCE OF ILIL SERVICE, OR DAMAGES
FOR LOSS OF GOODWILL, BUSINESS PROFIT, BUSINESS STOPPAGE, LOSS OF
DATA OR BUSINESS INFORMATION, COMPUTER DAMAGE, OR DAMAGES RESULTING
FROM UNAUTHORIZED ACCESS TO OR CHANGES MADE TO USER'S TRANSMISSIONS
OR DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO
EVENT WILL ILIL BE LIABLE FOR ANY DAMAGES IN EXCESS OF WHAT ILIL
RECEIVED FROM USER FOR THE ILIL SERVICE. SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO USER.
Storage
ILIL assumes no responsibility for the deletion or failure to store,
deliver or timely deliver messages. Without limiting the foregoing
sentence, ILIL may, from time to time and without notice, set
limit(s) on the number of messages a member may send, store, or
receive through the service, and ILIL retains the right to delete
any E-mails above or below such limit(s) as well as to deactivate
any account which is over such limit(s) without any liability
whatsoever, and User hereby releases ILIL from any such liability.
Any notice provided by ILIL to Users in connection with such limit(s)
shall not create any obligation to provide future notification
regarding any change(s) to such limit(s).
Infringement
User represents that the user id selected by the User, when used
alone or combined with a second or third level domain name, does not
interfere with the rights of any third party and is not being
selected for any unlawful purpose. User acknowledges and agrees that
if such selection does interfere with the rights of any third party
or is being selected for any unlawful purpose, ILIL may immediately
suspend the use of such ILIL E-mail address, and User will indemnify
and hold ILIL harmless, in accordance with the Indemnification
section above, for any claim or demand against ILIL that arises out
of such selection. User acknowledges and agrees that neither ILIL
nor any of its licensors shall be liable to User in the event ILIL
is ordered or required, as a result of a court order or legal
settlement, or contractual requirement with any licensor, to desist
from using or permitting the use of a particular domain name as part
of a ILIL E-mail address. If as a result of such action, User loses
an E-mail address, the User's sole remedy shall be the receipt of a
replacement ILIL E-mail address.
Modification
ILIL reserves the right to modify the ILIL Service as described in
the Agreement and on the site, and to change the terms and
conditions of the Agreement at any time, without notice. Continued
use of the ILIL Service after such modifications shall be deemed an
acceptance by the User to be bound by the terms of the modified
Agreement.
Termination
ILIL Service may be terminated for any reason, in whole or in part,
effective immediately, by either ILIL at any time without notice and
without any liability whatsoever, and User hereby releases ILIL from
any such liability. Upon termination, User's right to use the ILIL
Service immediately ceases, and ILIL is not obligated to forward any
unread or unsent messages to User or any third party. ILIL shall not
be liable to User or any third party for termination of the ILIL
Service. There shall be no reinstatement if the ILIL Service is
terminated due to User's violation of the terms of this Agreement.
ILIL reserves the right to terminate User's E-mail address in the
event that ILIL's rights to use certain domain names or E-mail
addresses terminate or expire. In addition, ILIL retains the right,
at ILIL's sole discretion, to terminate any and all parts of the
ILIL Service provided to User if it determines that User has failed
to comply with any of the terms of the Acceptable Use Policy. If
ILIL determines that User has failed to comply with any of the terms
of the Acceptable Use Policy above, ILIL shall, if and when it deems
it appropriate, (1) facilitate criminal prosecution against such
User by referring User's spamming activity to the appropriate legal
authorities, and (2) bring a civil action against such User, who
shall be liable to ILIL for any direct, indirect, special,
incidental, or consequential damages incurred by ILIL as a result of
User's spamming or other prohibited activity.
Severability
If any provision hereof shall at any time be held to be void,
invalid or unenforceable, such provision shall be construed as
severable and shall not in any way affect or render void, invalid or
unenforceable any other provision of this Agreement, and this
Agreement shall be carried out as if such void, invalid or
unenforceable provision were not part of this Agreement.
Action Limit
User and ILIL agree that any cause of action arising out of or
related to this Service must commence within six (6) months after
the cause of action arose; otherwise, such cause of action is
permanently barred.
No Waiver
No waiver on the part of ILIL to exercise, and no delay in
exercising, any right, power or provision hereunder shall operate as
a waiver thereof, nor shall any single or partial exercise of any
right, power or provision hereunder preclude the exercise of that or
any other right, power or provision.
ILIL Successors and Assigns
This Agreement shall be binding upon and inure to the benefit of any
ILIL successor companies or assigns.
Headings
The headings in this Agreement are for convenience only and shall
not affect the meaning or interpretation of this Agreement or any
provision thereof.
Entire Agreement
This Agreement contains the entire understanding of the parties with
respect to the subject matter hereof and supersedes all prior and
contemporaneous agreements and understandings, whether oral or
written, relating to the subject matter hereof.
Governing Law
This Agreement shall be governed by and construed in accordance with
the laws of Spain applicable to agreements executed and
performed wholly within the Island. Where no laws pertinent exist
the laws of the United Kingdom where our systems are hosted will
apply.
For more information about NISCO HOLDINGS S.L (and to read our
General Terms of Use) please visit
http://www.niscoweb.com
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