By accessing this Website, accessible from https://catchmailnot.com, you are agreeing to be bound by these Website Terms and Conditions of Use and agree that you are responsible for the agreement with any applicable local laws. If you disagree with any of these terms, you are prohibited from accessing this site. The materials contained in this Website are protected by copyright and trade mark law.
These Terms and Conditions of Use (this "Agreement") is entered into by and between Bansec LLC ("Bansec"), and you. The terms "Bansec", "CatchMailNot", "Granter", "we", "us", and "our", refer to Bansec. "User", "you" and "your" refers to the user of our services, and "Services" refers to the email forwarding services provided by us as offered through CatchMailNot.com.
This Agreement explains our obligations to you and explains your obligations to us for the Services. Your acceptance of this Agreement indicates that you have read, understand, acknowledge and agree to be bound by this Agreement, and all agreements, guidelines, policies, practices, procedures, license requirements or operational standards.
Permission is granted to access and use CatchMailNot and in the terms outlined in this agreement. You agree to indemnify Bansec LLC for all damages and losses resulting from your inappropriate or illegal use of this service, including the suspension, deletion, or cancellation of your account as well as payment of monetary damages resulting from transmission of unsolicited email ("Spam"). You agree not to transmit repetitive, high-volume inquiries into any of the Services provided by Bansec (i.e. email forwarding, etc.); not to distribute malware or operate and engage in botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting and other activities that are contrary to applicable law links or redirect to illegal content that:
(i) is hateful, defamatory, derogatory or bigoted based on racial, ethnic, gender or political grounds or otherwise causes injury, damage or harm of any kind to any person or entity;
(ii) is threatening or invades another person's privacy or property rights or otherwise breaches any rights of or duty to a third party; misleads or deceive minors into viewing sexually explicit material or depicts minors engaged in any activity of a sexual nature or may otherwise harm minors;
(iii) infringes the trademark, copyright, patent, trade secret or other intellectual property rights of a third party;
(iv) violates any applicable local, state, national or international law or regulation;
(v) promotes, aids or abets illegal activity of any kind or promotes business opportunities or investments which are not permitted under law; or
(vi) advertises or offers for sale any goods or services that are unlawful or in breach of any national or international law or regulation.
This Agreement will remain in effect during the term of your subscription, free of charge or as selected, recorded and paid for at the time of selection or any renewal thereof (the "Term").
Bansec may deny, cancel, suspend, transfer, redirect or modify the Services, or place any services on lock, hold or similar status, in the unlimited and sole discretion of Bansec for any of the following reasons: (i) to correct prior mistakes; (ii) to protect the integrity or stability of users, CatchMailNot and/or a third party; (iii) to comply with any applicable laws, government rules, regulations or requirements, or requests of law enforcement; (iv) to comply with an applicable dispute resolution process; (v) to prevent any civil or criminal liability; (vi) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet; or (vii) if email use is abusive or violates this agreement. Abusive use of email servies is described as an illegal, disruptive, malicious or fraudulent action and includes, without limitation, distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law. We may also suspend the Services and/or terminate this Agreement upon a material breach of this Agreement by you. Bansec shall not be liable to you for any loss or damages that may result from Bansec's refusal to provide service, or the cancellation, suspension, transfer or modification of services.
You agree that our entire liability, and your exclusive remedy, with respect to any Services provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for the initial subscription to a CatchMailNot plan. Bansec and its directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN and the applicable Registry shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) access delays or access interruptions; (2) data non-delivery or data mis-delivery; (3) acts of god; (4) the unauthorized use or misuse of your account identifier or password; (5) errors, omissions, or misstatements in any and all information or Services provided under this Agreement; (6) the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
You agree that your use of our Services is solely at your own risk. You agree that such Services are provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services. No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly made herein.
You agree to pay invoices on time and keep your payment information up to date in order to settle recurring invoices. You can cancel your subscription any time. Upon cancellation of subscription, or failure to settle an invoice after 30 days of invoice date, Bansec reserves the right to modify services provided to you, and restrict functionality of the services provided to you.
This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the State of Pennsylvania and the federal laws of the United States of America applicable therein without reference to rules governing choice of laws. Any action relating to this agreement must be brought in either the state or federal courts of Pennsylvania and you irrevocably consent to the jurisdiction of such courts.
Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via email or via regular mail. In the case of e-mail, valid notice shall only have been deemed to be given when an electronic confirmation of delivery has been obtained by the sender. E-mail notification to us must be sent to [email protected]. Any notice to you will be sent to the e-mail address provided by you in your account settings. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 20:00 UTC, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given five (5) business days after the date of mailing said notice.
You acknowledge that the practice of administering email services is constantly evolving; therefore, you agree that we may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with our agreements with ICANN, a registry or any other entity or individual, as well as to adjust to changing circumstances, or for any other reason we deem necessary in our sole and absolute discretion. All amendments to this Agreement will be posted on our website. Your continued use of the domain name registered to you will constitute your acceptance of this Agreement with any revisions. If you do not agree to any change, you may request that your domain name license be cancelled.