SupportByEmail.com

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Terms and Conditions

Last revision: 1 November 2001

These conditions represent the terms and conditions for using the SupportByEmail.com service ("the Service"). The Service is provided by Lightwood Consultancy Ltd ("the Company") to you ("the Client") on the basis that you accept the terms of this contract. By completing the registration process and you are confirming your agreement to be bound by these terms and conditions.

SupportByEmail.com is an electronic mail facility accessible over the World Wide Web. The Service allows you to choose your own email address from a list of domain names owned by the Company or you may choose to provide your own email address on a domain you own. Email addresses provided as part of the Service remain the property of the Company and no transfer of ownership is granted or implied.

The Company does not provide dial-up access facilities or any other means of connecting to the Internet; the Client must provide his own access to the World Wide Web and pay any related costs in order to use the Service.

Invoices are sent by email at the end of each billing period and accounts should be settled within 14 days of any bill being issued. The Company may suspend access to the Service for any account that is overdue for payment, and reserves the right to charge a re-activation fee or request a deposit in these circumstances. Any billing queries should be sent immediately upon receiving the bill to billing@supportbyemail.com.

The Company will publish the current pricing schedule on SupportByEmail.com and will give one month notice of any changes to all clients. Prices are published separately for UK Pounds and US Dollars and the amounts billed are not affected on a day-to-day basis by the exchange rate between these currencies.

Clients based in the UK will be billed in UK Pounds with prices subject to VAT at the current rate. All other clients may choose to be billed in UK Pounds or US Dollars at registration time. Payment made by credit card from a bank account in a different currency to the chosen billing currency may incur a foreign transaction handling fee by the issuing bank, and the actual amount payable will vary according to the actual exchange rate at the time payment is made. The billing currency may not be altered once an account has been activated.

The Service is provided for the purpose of receiving, reading and replying to email messages on a day-to-day basis. The Client must not abuse the service by using it for illegal, immoral or antisocial purposes. Abuse includes the sending of unsolicited commercial email messages or distrubution of any obscene material using the Service. The definition of abuse is not limited to these examples and is at the sole discretion of the Company.

The Company reserves the right to suspend access to the Service without notice to investigate suspected abuse, and to prevent access to any account for as long as is necessary to ensure that any such abuse does not reoccur.

The Client is responsible for use of the Service through their account, or any additional user accounts created. It is the Client's resposibility to protect the confidentiality of any passwords and to alert additional users of such responsibility before using the Service. If the Client becomes aware of any unauthorised access to their account they should notify the Company immediately.

The Company does not warrant that the Service will meet any particular requirements of the Client. A free evaluation account is available so that the Client can make a decision based upon the actual operation of the Service.

The Company will make best effort to ensure the availability and quality of the Service but does not warrant that it will be uninterrupted, secure or error free. When downtime is required due to planned maintenance, the Client will be given at least 24 hours notice prior to any work being carried out.

The Client will indemnify and hold harmless the Company against any loss, damage, cost and expense which he may incur or become liable for by reason of any claims or suits arising in connection with data transmitted through use of the Service including, without limitation, the expense and cost of defending any and all such claims and actions, except where such claims result solely from the negligence of the Company's failure to perform its obligations under this agreement

If any of the provisions of this contract is judged to be illegal, unreasonable or unenforceable the rest of these terms and conditions will continue to apply. Any delay on the part of the Company to enforce its rights under this contract will not prejudice or restrict its rights and no waiver of any such rights will be deemed to be a waiver of any other right or of any later breach.

These terms and conditions will be governed in accordance with the laws of England and Wales. The Client agrees to submit to the exclusive jurisdiction of the courts of England and Wales except by special prior arrangement.

© 2001 Lightwood Consultancy Ltd

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