The usage of eOneMail services is subject to the terms and conditions of this Agreement ("the Agreement"). By using eOneMail services, you acknowledge that you have read this Agreement and agree to abide by the terms and conditions hereof.
eOneMail services is provided by eOneNet.com Sdn. Bhd.("eOneNet") using the technology of eMFORCE Inc. ("eMFORCE"), an e-Samsung group company on an "as is" basis in consideration of the fees as specified from time to time in this website, subject to the terms and conditions of this Agreement.
1.2 Modification of Terms of this Agreement
eOneNet reserves the right to change the terms and conditions of this Agreement at any time without notice. Any such change will be effective upon posting of the changes on this website. You are soley responsible for reviewing these terms and conditions from time to time. Your continued use of eOneNet after any such changes shall constitute your acceptance to such changes. If you do not agree to such changes, you should immediately cease using the services.
2.1 Non-exclusive License
2.2 Ownership and Copyright
eOneNet and eMFORCE expressly reserve the ownership and the copyright to the software and related documents used in eOneMail
The pricing for use of eOneMail "Email Fee" is as stated in this website. eOneNet may also charge you an administrative fee at the prevailing rate orcurrent hourly rates for any other services not expressly provided for in the Email Fee. You also agree to bear all applicable taxes. eOneNet expressly reserves the right to change the Email Fee at any time and without notice to you.
All fees, taxes and other charges will be billed to your credit card. If your credit card cannot be approved for the payment, you shall eOneNet within 3 days of a written notice to you requiring you to make payment. You agree to pay interest at the rate of 2% per month on any overdue balance from the date when the amount is due until the date of payment. You agree also to bear the costs of any collection, including legal fees and other incidental expenses. If you fail to pay any amount due, eOneNet may immediately suspend the services or terminate this Agreement upon giving written notice to you.
3.3. Refund of Fees
eOneNet will not, under any circumstances, refund any fees collected or provide a pro-rated refund of any fees in connection with this Agreement, if the Agreement is terminated for any reason.
You shall not:
a) use eOneMail except as under the terms and conditions of this Agreement;
b) remove, obliterate, or cancel any copyright, trademark, notice appearing in the website hosting the software;
c) copy or modify the source code of eOneMail;
d) sublicense or assign the license for eOneMail;
e) use eOneMail to send unsolicited email messages, commonly known as Spams to anyone without their permission;
f) use eOneMail to send unsolicited email messages to email addresses obtained from any purchased or harvested email lists in which the recipients did not expressly consent to receive your email messages;
g) use eOneMail to send email messages that harass, embarrass, defame, abuse, threaten, or otherwise violate the legal rights of anyone;
h) use eOneMail to send email messages that contain or link to pornographic materials, racially objectionable content, content that directly or indirectly promotes the use of any illegal substances, or violates laws or regulations or other content deemed to be offensive or inappropriate by eOneNet;
i) use eOneMail to send email that contains copyrighted materials protected by intellectual property law without consent of the copyright owner or licensor;
j) use eOneMail to send email that contains a computer virus or other code or files that could damage, or otherwise disrupt others' computer, or violate the privacy or security of anyone;
k) use eOneMail to perform or promote illegal activities such as involving in chain letters, or any other illegal activities;
l) breach any applicable governmental laws or regulations or perform any activities that would cause eOneNet to breach any laws or regulations.
You must also honor in a timely manner all unsubscribe requests from those who elected not to receive further emails from you.
You acknowledge that eOneMail contains confidential information and trade secrets and you are not allowed to disclose any information relating to eOneMail, except with the express written consent of eOneNet.
If you should be in breach of any terms and conditions of this Agreement, eOneNet shall hold you liable for all loss and damage as may be suffered by eOneNet arising out of your breach or non-compliance of the terms and conditions. You may not allow a third party to use your eOneMail account and agree to indemnify eOneNet against all loss and damage arising from such use by any third party.
This Agreement commences from the date you create an account here and shall continue until the account is terminated either by you or by eOneNet.
eOneNet may terminate this Agreement immediately if
a) you are in breach of or fail to comply with the terms of this Agreement;
b) eOneMail service is suspended or discontinued;
c) you fail to settle any outstanding fee for usage of eOneMail within 14 days when the payment is due;
d) for any other reason, eOneNet gives you a written notice to terminate this Agreement Upon termination for any reason, your account will be closed and you will be disallowed to use the email software and to access all related information and files in your account immediately. You should take prior precaution to back up your data to avoid any loss of data should your account be closed. eOneNet shall not be liable to you or any third party for any claim for loss or damage arising out of the termination of the account or any other actions taken by us in connection with the termination.
9. USE AT YOUR OWN RISKS
eOneMail services are provided on an "as is" basis. No warranty is given that it is error free. You agree that use of eOneMail will be entirely at your own risk. You agree to take appropriate measures to back-up and protect your data.
10. NO SPAMMING
10.1 No Spamming Policy
10.2 Spamming Complaints
Any complaints received by eOneNet of your alleged involvement in spamming will be forwarded to you via email. You must respond to this email to eOneNet within 24 hours. If you fail to respond within 48 hours or you fail to show that the alleged spamming email was not sent by you, eOneNet may terminate your account at any time without notice and without any refund.
If, within any 24-hour period, eOneNet has received three (3) or more complaints of you engaging in spamming, you will be charged a US$5.00 penalty for each additional Spam complaint, beginning with the fourth Spam complaint received by eOneNet in any 24-hour period. You must pay these penalties within three (3) days of eOneNet giving you notice of the Spam complaints, failing which eOneNet may terminate your account at any time without notice and without a refund. When you receive a complaint of spamming, you must immediately remove the complaining recipient from your email list, failing which eOneNet may terminate your account at any time without notice and without a refund.
You further understand that sending bulk email may cause an ISP to terminate your Internet service. You are responsible for complying with the terms of service of your ISP and eOneNet assumes no liability for your non-compliance with such terms.
11. DISCLAIMER OF WARRANTIES
11.1 Disclaimer of Warranty.
EONEMAIL IS PROVIDED "AS IS." EONENET DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EONENET DOES NOT WARRANT THAT THE FEATURES AND FUNCTIONS CONTAINED IN EONEMAIL WILL MEET ANY REQUIREMENTS OR YOUR NEEDS, OR THAT EONEMAIL WILL OPERATE ERROR FREE, OR UNINTERRUPTED , OR THAT ANY DEFECTS OR ERRORS IN EONEMAIL WILL BE CORRECTED, OR THAT EONEMAIL IS COMPATIBLE WITH ANY PARTICULAR PROGRAM.
11.2 Limitations of Liability.
IN NO EVENT WILL EONENET BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE EONEMAIL, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF EONENET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You shall at your own costs and expenses indemnify, defend and hold harmless eOneNet, eMFORCE, Affiliates and their employees, representatives, agents and affiliates, against any claim or action brought against eOneNet, eMFORCE, or an Affiliate arising from a claim that any content or material you or your organization distributed using eOneMail or any use of eOneMail by you or your organization that is in breach of any terms and conditions of this You shall pay all costs, damages, and expenses, including, but not limited to, reasonable legal fees and costs awarded against or otherwise incurred by eOneNet, eMFORCE, or an Affiliate arising from any such claim or action. For the avoidance of doubt, eOneNet does not and is not obliged to edit or review any content or material that you or organization distribute using eOneMail.
12.1. Email Database
The ownership of the email database that you imported into the email system shall remain in you and eOneNet undertakes not to use or disclose such email database to third party. Such email database will be automatically be deleted from the email system after each email broadcast. You are therefore advised to back up your database.
12.2 Agents' Compliance
You are responsible to ensure that your employees, agents, affiliates or anyone who are authorized by you to use eOneMail shall comply with the terms and conditions of this Agreement.
2.3 Technical Support.
eOneNet is not obliged to provide technical support except as provided herein.
12.4 Assignment of Rights
This license and the rights granted under this Agreement may not be transferred or assigned by you or your company. eOneNet is entitled to transfer and assign the rights of this Agreement to any third party.
12.5 Severability of Provisions
If any clause or other provision of this Agreement is held to be illegal, invalid or unenforceable, the remaining clause, or other provisions shall remain in full force and effect.
12.6 Force Majeure
Neither of the parties shall be liable for failure to perform this Agreement due to causes beyond their control, including, but not limited to, acts of God, acts of government, fire, flood, strikes, or acts or omissions of carriers.
Any waiver by either party of any default or breach hereunder shall not constitute a waiver of any provision of this Agreement.
12.8 Entire Agreement
This Agreement constitutes the entire Agreement, supersedes all prior agreements. eOneNet reserves to change the terms herein as provided in this Agreement.
12.9 Governing Law
This Agreement shall be governed by the laws of Malaysia and both parties consent to the exclusive jurisdiction of the courts of Malaysia.