"I have really enjoyed using bluebottle, and would recommend it to anyone." - Jack L,
"I am going to promote your e-mail service as often as possible!" - Oliver M
"I would like to congratulate you on the changes to Bluebottle, especially because it will now display much better on a PDA screen." - Rod L,
"Just wanted to complement you on the POP service that you provide. It is absolutely fantastic." - Arnav K,
"Thanks for your excellent service, and I recommend to everyone the Bluebottle experience." - Sebastian N
bluebottle - terms & conditions
April 16, 2007
1. The Service
1.1 Bluebottle provides paid email services, the details of which are provided on the Bluebottle website
1.2 Access to the Service will be via the user name and password which you will nominate at the time you register with Bluebottle ("Account").
2. Registration Information
3. Accounts and Passwords
3.1 You are responsible for maintaining the confidentiality of your user name and password. You agree that you are responsible for any use of your Account, whether or not authorised by you.
3.2 You agree to immediately notify Bluebottle if you become aware of any unauthorised use of your Account.
4. System Operations
4.1 You agree that you will use the Service in accordance with the directions and specifications set out by Bluebottle from time to time. These directions may include but are not limited to:
(a) using specific SMTP or POP3 servers; and
5. Access to Non-Bluebottle Accounts
5.1 Bluebottle cannot guarantee access to your non-Bluebottle email accounts, as a third party provides these services.
6.1 You agree that you will not store any emails on the Service which are in excess of Bluebottle's email storage limits (as specified by Bluebottle in these Terms and Conditions or on its website from time to time).
6.2 You agree that Bluebottle may delete any emails stored in your Account, if your Account is in excess of Bluebottle's storage limits or in accordance with Clause 6.3 or Section 11.
7. System Performance
7.1 You acknowledge and agree that as part of Bluebottle's verification process, all emails which are not from a sender approved by you will be blocked from entering Bluebottle's email servers. This may result in emails being delayed until resent by the sender's email server.
7.2 You agree that Bluebottle may permanently delete, or delay the delivery of any email to you if Bluebottle believes that the email constitutes spam or any other type of communication which you have authorised Bluebottle to block.
7.3. You agree and acknowledge that no backup or fall-back copies of data stored on the Service are available.
7.4. You agree and acknowledge that it's your responsibility to backup data stored on the Service.
8.1 You acknowledge and agree that Bluebottle cannot guarantee that any emails (including their attachments) which are received by you are virus free or error free.
8.2. You acknowledge and agree that data you download or obtain through using the Service is at your own risk.
8.3. You acknowledge and agree that you are solely responsible for any damage or loss resulting from data you download or obtain through using the Service.
9.1 You agree that:
(a) you are responsible for the contents of email and information sent, received and stored using the Service;
(b) you are responsible for the consequences of email and information sent, received and stored using the Service;
(c) you will not resell or sublicense the use of the Service to any other person;
(d) you will not use the Service in an illegal manner or email any materials from the Service or your Account which are offensive, unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable;
(e) you will not use the Service to stalk, harass, monitor or eavesdrop on another person, business or entity;
(f) you will not use the Service to impersonate any person, company or business in any way whatsoever;
(g) you will not use the Service to infringe the copyright, trademark, patent or other intellectual property rights of any person;
(h) you will not use the Service for sending advertising, chain letters, junk mail, spamming, phishing or any other type of unsolicited email;
(i) you will not forge or alter the header or address information contained in any email or communication which you send from the Service;
(j) you will not use the Service to send, receive or store viruses, worms, spyware, adware, trojan horses or other harmful, disruptive, or destructive files;
(k) you will not use the Service to send, receive or store information derived from or relating to keylogging software, keylogging hardware or any other method to monitor keystrokes or computer usage;
(l) you will not use the Service to send, receive or store computer software or information relating to hacking tools, exploit code, software serial numbers or any content that may infringe upon another party's intellectual property rights;
(m) you will not use the Service in such a way as to deny access to the Service to other users of the Service; and
(n) you will not use the Service in a way that degrades the performance of the Service for other users.
9.2 Subject to Section 6, you acknowledge that Bluebottle cannot and does not censor or edit the contents of its users' email messages and is not responsible in anyway whatsoever for the conduct of any other users of the Service.
10. Reporting Abuse
11. Termination of Service
11.1 You agree that Bluebottle may, at any time at its sole discretion, alter, withdraw or terminate any part or all of the Service, without providing notice to you.
11.2 With the exception of clause 11.1, if we impose a Term on your use of the Service, your use of the Service will terminate one (1) day after the conclusion of the Term, unless otherwise renewed by you. You agree that any renewal of the Service will be subject to our Terms and Conditions governing the use of the Service at the time of renewal.
11.3 You agree that Bluebottle may, without notice, terminate the provision of the Service to you, if you:
(a) breach any of your obligations set out in these Terms and Conditions;
(c) fail to renew your use of the Service in accordance with Clause 11.2; or
(d) provide any false or misleading information to Bluebottle at any time;
11.4 You acknowledge and agree that if you fail to log into your account or use the Service for a period of ninety (90) days, Bluebottle may, without notice, terminate the provision of the Service to you.
11.5 You acknowledge and agree that if you fail to log into your account or use the Service for a period for seven (7) days after creating your account, Bluebottle may, without notice, terminate the provision of the Service to you.
11.6 You acknowledge and agree that upon termination:
(a) we will remove your ability to send emails from the Service;
(b) we will delete your Account, email box, addressbook, white/black lists, email messages and files stored using the Service; and
(c) we will not be able to recover or provide you with any information or data previously stored on the Service;
12. Disclaimer of Warranties
12.1 You acknowledge that Bluebottle has made no warranties that the Service will be:
a) error free;
b) available on a continuous basis or at any particular time;
c) data stored on the Service will be backed up.
12.2 You acknowledge that Bluebottle has not made and will not make any express or implied warranties in relation to the Service or any other goods or services provided by Bluebottle, other than those warranties contained in these Terms and Conditions. Subject to Clauses 12.4 and 12.5, any term that would be implied into these Terms and Conditions, including without limitation any condition or warranty, is excluded.
12.3 Subject to Clauses 12.4 and 12.5, you agree that Bluebottle will not be liable in respect of any claim by you (whether contractual, tortuous, statutory or otherwise) for any direct, special, incidental, indirect or consequential damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Service or the provision of any other goods or services under these Terms and Conditions and whether as a result of any breach or default, by Bluebottle.
12.4 If the Trade Practices Act 1974 (Cth) (or analogous legislation) applies to these Terms and Conditions and permits the limitation of liability for breach of warranty implied by statute, the liability of Bluebottle is limited, at the option of Bluebottle, to:
(a) in the case of goods, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
12.5 Any of these Terms and Conditions which limit or exclude any term, condition or warranty, express or implied, or the liability of Bluebottle will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies arising by virtue of the breach of any implied term of these Terms and Conditions where such exclusion, qualification or limitation would be prohibited by statute.
13.1 You agree to indemnify Bluebottle, its officers, employees and agents ("Indemnified"), against any loss, cost, expense or damage incurred by the Indemnified (including legal costs on a solicitor/client basis) arising directly or indirectly out of your breach of these Terms and Conditions or your infringement of the rights of any third party in using the Service.
14.1 Any notice given under these Terms and Conditions must be in writing and, other than in the case of email, must be signed by the party giving the notice. A notice is taken to be received
(a) in the case of a notice delivered by hand, when so delivered;
(b) in the case of a notice sent by email, seven (7) days after the date the email is sent;
15. Modifications to These Terms and Conditions
15.1 Bluebottle reserves the right to change the Terms and Condition Policy at any time. Changes are effective once they are posted on the Website. You should periodically visit this page to review the current terms of this Terms and Conditions Policy.
16.1 These Terms and Conditions and your use of the Service are governed by the laws of the State of Victoria, the Commonwealth of Australia and you irrevocably submit to the jurisdiction of the courts of the State of Victoria, Commonwealth of Australia.
16.2 A provision of or a right created under these Terms and Conditions may not be waived or varied except in writing signed by the party or parties to be bound by the waiver or variation. No single or partial exercise by any party of any right, power or remedy under these Terms and Conditions will preclude any other or further exercise of that or any other right, power or remedy. The rights, powers or remedies provided in these Terms and Conditions are cumulative with and not exclusive of any rights, powers or remedies provided independently of these Terms and Conditions.
16.3 If any provision of these Terms and Conditions is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of these Terms and Conditions to the intent that the invalid or unenforceable provision will be treated as severed from these Terms and Conditions.
16.4 In the interpretation of these Terms and Conditions:
(a) a reference to a person includes a reference to a corporation, firm, association or other entity, and vice versa;
(b) the singular includes the plural and vice versa;
(c) a reference to any gender includes a reference to all other genders;
(d) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning; and
(e) headings are inserted for convenience only and do not affect the interpretation of these Terms and Conditions.
17.1 Refunds may be given at the discretion of Bluebottle.
Bluebottle is wholly owned by Bluebottle Solutions Pty Ltd.
Bluebottle Solutions Pty Ltd
45 Scott St
Beaumaris Vic 3193
Email : firstname.lastname@example.org
Telephone : (Australia) 0421 511 933 or (Int'l) 61 421 511 933