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Terms & Conditions of Use and Privacy Policy.


Introduction
SyncMyMail (Pty) Ltd (“SMM”) provides hosted services ("Services") to its customers. SMM recognizes and vigilantly protects the privacy of its customers and website visitors. The following describes how SMM handles information. SMM may learn about you from your use of the Services and/or your use of the SMM website. The following also provides the rules that govern use of the SMM website.

These terms and conditions govern your use of the SMM website.
These Terms and Conditions of Use constitute a contractual agreement between you and SMM regarding your use of the SMM services and website and any activities or transactions you may conduct through the SMM website. These Terms and Conditions also contain our Privacy Policy – SMM’s commitment to you concerning how SMM uses information you provide to SMM either through the use of our website or the Services. Your use of the SMM website and/or the Services constitutes your agreement to follow and be bound by these Terms and Conditions of Use and by the SMM Privacy Policy (collectively, “Terms and Conditions”).

SMM reserves the right to modify, alter, or otherwise update these Terms and Conditions at any time. SMM will post changes at this site, so you are encouraged to review these Terms and Conditions from time to time. Your continued use of the SMM website and/or Services following the posting of changes to these Terms and Conditions will constitute your acceptance of any and all posted changes.

SMM keeps personal information private and limits use of personal information.
The information SMM receives depends upon what you do when you visit the SMM website and how you use the Services. Unless SMM has your permission, SMM does not share with third parties any personal information you provide to SMM. By “personal information” SMM means information that can be used to identify or contact you, such as your name, e-mail address, mailing address, telephone number, fax number, and billing, payment, usage, credit and transaction information (including credit card numbers, account numbers, and social security and taxpayer identification numbers). By “third parties” SMM means anyone who is not directly involved in the maintenance or running of the SMM website or the Services.

SMM uses personal information you provide to SMM (on the SMM website, or by email, fax, or correspondence, or the use of the Services) strictly for the purposes for which you have provided it. For example, if you request information about a product and provide us with contact information (which may include personal information, such as an e-mail address, mailing address, or phone number), SMM will use that information to contact you regarding your request. In addition, SMM may use your personal information, for example, to deliver free promotional materials or newsletters to you. If you prefer not to receive such information from us, simply notify us to that effect. Similarly, if SMM has your permission to share information with third parties, you should know that third parties are generally prohibited from using personal information for secondary purposes beyond the purposes for which the information is shared.

To measure our visitors’ and customers’ interest in and use of various areas of the SMM website, and SMM’s products and the Services, SMM may rely upon aggregate information. By “aggregate information” SMM means information that does not identify you, such as web pages viewed on the SMM website. With this aggregate information, SMM may monitor visitor traffic patterns, usage of the SMM website, and undertake to improve the SMM website’s layout and design. SMM may also use aggregate information to assist in the marketing of SMM’s products and the Services.

If you are a customer of SMM, SMM uses your personal information to provide, confirm, change, bill, monitor, and resolve problems with the Services or their quality. SMM may also use your personal information to develop, market, and sell SMM products and the Services to you.

Security of the personal information you provide to SMM
Each of SMM’s employees abides by the Privacy Policy and applicable legal requirements, and only authorized employees have access to your personal information. SMM has implemented technology and security features to safeguard the privacy of your personal information. SMM has in place security control systems designed to prevent unauthorized disclosure of your personal information.

Exception to SMM privacy policy
There is an exception to the Privacy Policy. It may be necessary for SMM to release or use personal information in connection with legal proceedings, or in response to a subpoena, warrant, court order, levy, attachment, order of a court-appointed receiver, or other comparable legal process, including subpoenas from private parties in a civil action.

Correcting information; opting out
If at any time you would like SMM to update or correct personal information you have previously provided to SMM, feel free to contact us using the contact information provided below in the “How To Contact Us” section, and SMM will update or correct your personal information to the extent your request does not compromise our privacy policies. In addition, if you request, SMM will use commercially reasonable efforts to remove your name and personal information from any database(s) SMM may maintain. However, it may be impossible to remove this information completely, due to backups and records of deletions. If you wish to remove your name from any database(s) SMM may maintain, please notify us in writing.

Use of “cookies”
Cookies are small pieces of information that a website transfers to your hard drive, where it is stored by your browser on your computer’s hard drive for record-keeping purposes (such as storing user preferences). SMM does not use cookies to save personal information. SMM may, however, use cookies to show how and when visitors use the SMM website in order to make improvements and updates to the SMM website.

Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or indicate when a cookie is being sent. Please consult the help section of your web browser software to learn how to do this.

Please be advised that sites you link to from the SMM website may use cookies differently than SMM does. You should read and understand the privacy policy of the site(s) you link to in order to determine whether and how a particular site uses cookies.

If you visit the SMM website to browse or to read or download information.
SMM may collect and store: the name of the domain name and host from which you access the internet (for example, aol.com); the Internet Protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access the SMM website; and the Internet address of the website from which you linked to the SMM website.

SMM uses this information for system administration, to measure the number of visitors to the SMM website, to improve site performance, to help us make the SMM website more useful and/or to gather broad demographic information for aggregate use.

SMM does not link an IP address to personal information, meaning that a user’s session will be logged but the user remains anonymous to us. If SMM does decide to link any aggregate information, or your IP address to your personal information, SMM will treat the resulting information as “personal information” for all purposes under this Policy.

Ownership of site contents; downloading
Unless otherwise noted, all text, images, illustrations, designs, icons, photographs, video clips, and other materials that are part of the SMM website (collectively, the “Contents”) are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by SMM or used under principles of “fair use.” You may not download or copy the Contents unless expressly permitted by SMM.

Links to other websites
The SMM website may contain links to other sites (“Third Party Sites”). SMM does not necessarily endorse, sanction, or verify any of these Third Party Sites, and SMM provides these links merely for the convenience of SMM’s users. Please be advised that, once you access a Third Party Site through a link on the SMM website, you are subject to the privacy policy and terms and conditions of use of the Third Party Site. SMM has no control and bears no responsibility for any action or policy associated with any Third Party Site. Concerns regarding a Third Party Site should be directed to the Third Party Site.

User comments
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered to SMM through the SMM website or otherwise disclosed, submitted, or offered in connection with your use of SMM website (collectively, “Comments”) shall be and remain the property of SMM. You agree that SMM may use or disclose Comments in any manner consistent with our Privacy Policy contained herein. SMM shall be free to use, without restriction and without compensation to you, any ideas, concepts, know-how, suggestions, or techniques contained in any Comments you send to us for any purpose whatsoever.

SMM has no obligation to respond to any Comments, and SMM reserves the right, but undertakes no duty, to review, edit, move, or delete any material posted by users on the SMM website, in SMM’s sole discretion and without notice.

Content of user-posted information; other use of site
You are prohibited from posting or transmitting any “spam,” unlawful, or other material SMM deems inappropriate for the SMM website. SMM disclaims all responsibility or liability arising from the content of any user postings. When you use the Services, you must comply with SMM’s Acceptable Use Policy available here.

You agree to refrain from undertaking any activity that imposes an unreasonable or disproportionate burden on the SMM website. SMM reserves the sole and absolute discretion to deny, revoke, or otherwise restrict the access privileges of any user who at any time fails to comply with these Terms and Conditions.

Complaints over perceived infringement
SMM respects intellectual property rights and will terminate registered users and deny access to others who, in SMM’s discretion, repeatedly infringe the intellectual property rights of others. If you believe that materials posted on the SMM website infringe rights you enjoy under copyright law in specific materials (collectively, a “Work”), SMM requests that you follow the procedure described below to notify us of your concerns or objections. In turn, SMM agrees to respond to your notice.

Designated agent
If you believe materials posted on the SMM website infringe the copyright in your work, please notify us in writing.

Disclaimer
While SMM uses reasonable efforts to include accurate and up-to-date information on the SMM website, SMM makes no warranties or representations as to its accuracy. SMM assumes no liability or responsibility for any errors or omissions in the content on the SMM website.

THE SMM WEBSITE AND ALL CONTENTS OF THE SMM WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE BY YOUR USE OF THE SMM WEBSITE THAT YOUR USE OF THE SMM WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SMM WEBSITE, AND THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SMM WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Indemnification
You agree to defend, indemnify and hold SMM harmless from and against any and all claims, damages, costs, and expenses, including attorney’s fees, arising from or related to your failure to comply with these Terms and Conditions.

Limitation of liability
NEITHER SMM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SMM WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SMM WEBSITE.

Choice of law and jurisdiction
Unless otherwise specified, the SMM website and the Contents thereof are displayed solely for the purpose of promoting the services of SMM. The SMM website is controlled and operated by SMM from its location in South Africa. This Agreement shall be construed in accordance with the laws of South Africa, without regard to any conflict of law provisions.

How to contact us
If you have any questions about our Acceptable Use Policy or your dealings with our Website, you may contact us at legal@syncmymail.com

Please be advised that, if you contact us, SMM may use the personal information you provide in the ways SMM has described in our Privacy Policy contained herein.

If you experience technical problems with the operation of our Website, contact our Webmaster at webmaster@syncmymail.com.

© 2009 SyncMyMail (Pty) Ltd


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