TMmail
Use Agreement
AGREEMENT: YOUR USE OF TMMAIL IS SUBJECT TO THE TERMS OF
THIS LEGAL AND BINDING AGREEMENT BETWEEN YOU AND TIMEMAKER LLC, WHOSE PRINCIPAL
PLACE OF BUSINESS IS AT 2110 DREW STREET, SUITE 200, CLEARWATER, FLORIDA 33765
UNITED STATES. YOU MUST AGREE TO THIS AGREEMENT BEFORE REGISTERING FOR OR USING
YOUR TMMAIL ACCOUNT. YOU MAY NOT USE
TMMAIL IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS
AGREEMENT.
You can
accept and agree to be bound by the terms of this Agreement by:
(A) clicking to accept or agree to the Agreement where this
option is made available to you by TimeMaker;
or
(B) by actually using TMmail. In this case, you understand and
agree that TimeMaker will treat your use of TMmail as acceptance of the
Agreement from that point forward.
You may
not use TMmail if you are not of legal age to form a binding contract with
TimeMaker.
All use of TMmail is subject to the terms of this
Agreement as may be amended from time to time.
TimeMaker may, in its sole discretion, modify or revise the terms and
conditions set forth herein at any time, and you agree to be bound by such
modifications or revisions. If you do not accept and agree to abide by this
Agreement, you may not use TMmail.
Please visit this site periodically to review modified terms.
1. TM Mail. TMmail
is an email application available to users of TimeMaker software. TMmail is
provided on an AS IS and AS AVAILABLE basis. TimeMaker disclaims all
responsibility and liability for the availability, timeliness, security or
reliability of TMmail. TimeMaker also reserves the right to modify, suspend or
discontinue making TMmail available to you or to users generally at TimeMaker’s
sole discretion, with or without notice at any time and without any liability
to you. TimeMaker reserves the right to
refuse TMmail to anyone at any time without notice for any reason.
You acknowledge and agree that if TimeMaker
disables access to your account, you may be prevented from accessing your
account details or any files or other content which is contained in your
account.
You acknowledge and agree that while TimeMaker
may not currently have set a fixed upper limit on the number of transmissions
you may send or receive through TMmail or on the amount of storage space that
can be used, such fixed upper limits may be set by TimeMaker
at any time, at TimeMaker’s discretion.
The
Software which you use may automatically download and install updates from time
to time from TimeMaker. These updates are designed to improve, enhance and
further develop your use of TMmail and may take the form of bug fixes, enhanced
functions, new software modules and completely new versions. You agree to
receive such updates (and permit TimeMaker to deliver these to you) as part of
your use of TMmail.
2. Use Policies. Your use of TMmail is subject to your
acceptance of and compliance with the following restrictions:
a. TMmail may only be used in compliance with all applicable local, state,
national, and international laws, rules and regulations, including any laws regarding
the transmission of technical data exported from your country of residence.
b. TMmail may not be used to:
1.
Upload, transmit or otherwise
distribute any content that is unlawful, defamatory, harassing, abusive,
fraudulent, obscene, contains viruses, or is otherwise objectionable as
reasonably determined by TimeMaker;
2.
Upload, transmit or otherwise
distribute content that infringes upon another party's intellectual property
rights or other proprietary, contractual or fiduciary rights or obligations;
3.
Commit any fraudulent or
inappropriate purpose.
4.
Generate or facilitate
unsolicited commercial email ("spam"), including but not limited to sending
email in violation of any anti-spam law; imitating or impersonating another
person or his, her or its email address, or creating false accounts for the
purpose of sending spam; data mining any web property (including TimeMaker) to
find email addresses; sending unauthorized mail via open, third-party servers; sending
emails to users who have requested to be removed from a mailing list; selling,
exchanging or distributing to a third party the email addresses of any person
without such person's knowing and continued consent to such disclosure; sending
unsolicited emails to significant numbers of email addresses belonging to
individuals and/or entities with whom you have no preexisting relationship.
5.
Send, upload, distribute or
disseminate or offer to do the same with respect to any unlawful, defamatory,
harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable
content.
6.
Intentionally distribute
viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other
items of a destructive or deceptive nature.
7.
Conduct or forward pyramid
schemes.
8.
Transmit content that may be
harmful to minors.
9.
Impersonate another person (via
the use of an email address or otherwise) or otherwise misrepresent yourself or
the source of any email.
10. Illegally transmit another's intellectual property or other proprietary
information without such owner's or licensor's permission.
11. Use TMmail to violate the legal rights (such as rights of privacy and
publicity) of others.
12. Promote or encourage illegal or immoral activity.
13. Interfere with other TMmail users' enjoyment of TMmail.
14. Create multiple user accounts or create user accounts by automated means
or under false or fraudulent pretenses.
15. Use TMmail in connection with illegal peer-to-peer file sharing
c. Violation of any of the foregoing may result in immediate termination of
your use of TMmail with or without notice at any time and without any liability
to you. TimeMaker reserves the right,
but shall have no obligation, to investigate your use of TMmail in order to
determine whether a violation of any of the foregoing or a failure to comply
with any applicable law, regulation, legal process or governmental request has occurred.
3. Content. TimeMaker has no obligation to monitor
third party content and shall have no liability for third party content
(including, without limitation, viruses or other disabling features). TimeMaker reserves the right at all times to
remove or refuse to distribute any content on TMmail, such as content which
violates this Agreement. TimeMaker also reserves the right to access, read,
preserve, and disclose any information it reasonably believes is necessary to
(a) satisfy any applicable law, regulation, legal process or governmental
request, (b) enforce this Agreement, including investigation of potential
violations, (c) detect, prevent, or otherwise address fraud, security or
technical issues (including, without limitation, the filtering of spam), (d)
respond to user support requests, or (e) protect the rights, property or safety
of TimeMaker, its users and the public. TimeMaker will not be responsible or
liable for the exercise or non-exercise of its rights under this Agreement.
4. Registration Information. You
must provide current, accurate identification, contact, and other information
that may be required as part of the registration process prior to commencing
and/or continuing use of TMmail. You
represent and warrant that (a) all of the information provided by you to
TimeMaker in registering for and using TMmail is correct and current; and (b) you
have all necessary right, power and authority to enter into this Agreement and
to perform the acts required of you hereunder.
5. Intellectual Property Rights. You acknowledge that TimeMaker
owns all right, title and interest in and to TMmail, including without
limitation all intellectual property rights and that such rights
are protected by
6.
Privacy. As a
condition to using the TMmail, you agree to the terms of the TimeMaker Privacy
Policy as it may be updated from time to time, and to the privacy practices
specifically related to TMmail which are set forth below.
TimeMaker may monitor, edit or disclose
your personal information, including the content of your emails, if required to
do so in order to comply with any valid legal process or governmental request
(such as a search warrant, subpoena, statute, or court order).
Personal
information
You need a TimeMaker Account to access
TMmail. TimeMaker asks for some personal information when you create a
TimeMaker Account, including your name, address, and a password, which is used
to protect your account from unauthorized access.
TMmail stores, processes and maintains your
messages, contact lists and other data related to your account in order to
provide TMmail services to you.
When you use TMmail, TimeMaker's servers
automatically record certain information about your use of TMmail, such as
account activity, browser type, IP-address, date and time of access, etc).
Personal information collected by TimeMaker
may be stored and processed in the
Uses
TimeMaker maintains and processes your
TMmail account and its contents to provide TMmail services to you and to
improve our service. TMmail may include relevant advertising and related links
related to your use of TMmail.
TimeMaker may send you information related
to your TMmail account or other TimeMaker services.
Information
sharing and onward transfer
When you send email, TimeMaker includes
information such as your email address and the email itself as part of that
email.
We may provide aggregated non-personal
information to interested third parties.
TimeMaker will not sell, rent or otherwise share your personal
information with any third parties except in the limited circumstances
described in the TimeMaker Privacy Policy such as when we believe we are
required to do so by law.
Change
of Account Settings; Termination of Account
You may change your TMmail account settings
at TimeMaker Mail, located under Tools, User config. You may organize or delete your messages through your
TMmail account or terminate your account at TimeMaker Mail, located under Tools,
User Config. Such deletions or terminations will take immediate effect in your
account view. Residual copies of deleted messages and accounts may take up to
60 days to be deleted from our active servers and may
remain in our offline backup systems.
More
information
For more information about our
privacy practices, go to the full
privacy policy. If you have additional questions, please contact us
any time. Or write to us at:
TimeMaker, LLC - Privacy
Officer
2110 Drew Street, Suite 200C
Telephone:
727-461-9799
YOU AGREE TO THE USE OF YOUR DATA IN ACCORDANCE
WITH TIMEMAKER’S PRIVACY POLICIES.
7. Children’s Privacy. Due to the Children's Online
Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you
must be at least thirteen (13) years of age to use this TMmail.
8. Security. You agree that you are
responsible for maintaining the confidentiality of your account password and
account, and you are responsible for all activities that occur using your
account. You agree that you will
promptly notify TimeMaker of any breach of security related to your account at
sales@timemaker.org, including but not limited to unauthorized use of your
password or account.
9. Account Inactivity. TimeMaker reserves the right to disable or terminate a user's account after a period of inactivity. If an account has been deactivated for inactivity, you will not have any right to the email address associated with that account, and your deactivated email address may be made available for use to another user without notice to you.
10. Termination; Cancellation. You may cancel your use of TMmail
and/or terminate this Agreement with or without cause at any time by providing
notice to TimeMaker at sales@timemaker.org.
A terminated account may continue to exist for up to two business days
before such cancellation takes effect. TimeMaker may at any time and for any
reason terminate this Agreement, or suspend or terminate your account. In the
event of termination, your account will be disabled and you may not be granted
access to your account or any files or other content contained in your account
although residual copies of information may remain in our system. TimeMaker
may, but shall not be obligated to notify you prior to termination of your
account. Upon termination, the Sections of
this Agreement titled Content, Intellectual Property Rights, Privacy, Exclusion
of Warranties, Limitation of Liability and Remedies, Indemnification, Choice of Law;
Jurisdiction and Severability shall survive termination.
11. Exclusion of Warranties. All use of TMmail is subject to
the following exclusion of warranty provisions:
a. NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR
LIMIT TIMEMAKER’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY
EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF
IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE
LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR
LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
b. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF TMMAIL IS AT YOUR
SOLE RISK AND THAT TMMAIL IS PROVIDED "AS IS" AND “AS AVAILABLE.”
c. IN PARTICULAR, TIMEMAKER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS
LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
1.
YOUR USE OF TMMAIL WILL MEET
YOUR REQUIREMENTS,
2.
YOUR USE OF TMMAIL WILL BE
UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
3.
ANY INFORMATION OBTAINED BY YOU
AS A RESULT OF YOUR USE OF TMMAIL WILL BE ACCURATE OR RELIABLE, AND
4.
THAT
DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE
PROVIDED TO YOU AS PART OF YOUR USE OF TMMAIL WILL BE CORRECTED.
d. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF TMMAIL
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
e. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
TIMEMAKER OR THROUGH OR FROM TMMAIL SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THIS AGREEMENT.
f. TIMEMAKER FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
12. Limitation of Liability and Remedies.
SUBJECT TO OVERALL PROVISION IN THE SECTION TITLED
EXCLUSION OF WARRANTIES, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TIMEMAKER, ITS
SUBSIDIARIES, AFFILIATES AND LICENSORS
SHALL NOT BE LIABLE TO YOU FOR:
a. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY
DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF
LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO,
ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF
GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
b. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT
LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
1.
ANY RELIANCE PLACED BY YOU ON
THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF
ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE
ADVERTISING APPEARS ON OR THROUGH TMMAIL;
2.
ANY CHANGES WHICH TIMEMAKER MAY
MAKE TO TMMAIL, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF
TMMAIL SERVICE (OR ANY FEATURES WITHIN TMMAIL);
3.
THE DELETION OF, CORRUPTION OF,
OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR
TRANSMITTED BY OR THROUGH YOUR USE OF TMMAIL;
4.
YOUR FAILURE TO PROVIDE TIMEMAKER
WITH ACCURATE ACCOUNT INFORMATION;
5.
YOUR FAILURE TO KEEP YOUR
PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
6.
THESE LIMITATIONS ARE A
CRITICAL ELEMENT OF THE PARTIES’ BARGAINED-FOR CONSIDERATION AND WILL BE
EFFECTIVE EVEN IN THE EVENT TIMEMAKER IS INFORMED IN ADVANCE OF THE POSSIBILITY
OF SUCH DAMAGES.
13. Indemnification. You agree to hold harmless and
indemnify TimeMaker, and its subsidiaries, affiliates, officers, agents, and
employees from and against any third party claim arising from or in any way related
to your use of TMmail, including any liability or expense arising from all
claims, losses, damages (actual and consequential), suits, judgments,
litigation costs and attorneys' fees, of every kind and nature.
14. Choice of Law; Jurisdiction. This Agreement will be
governed by and construed in accordance with the laws of the State of
15. Entire Agreement. These
Terms and Conditions contain all the agreements, warranties, representations
and understandings made between you and TimeMaker. Neither you nor TimeMaker
will be liable for any agreements, warranties, representations or
understandings not expressly set forth or referenced in this Agreement. You acknowledge that TimeMaker refuses any
different or additional provisions in any purchase orders, invoices or other
document or communication, and any such refused provisions will be
unenforceable.
16. Severability. If a
court of competent jurisdiction holds that any provision of these Terms and
Conditions is invalid or unenforceable, the remaining provisions of these Terms
and Conditions will remain in full force and effect, and the parties will
replace the invalid or unenforceable provision with a valid and enforceable
provision that achieves the original intent of the parties and economic effect
of these Terms and Conditions.
17. Waivers. You agree that if TimeMaker
does not exercise or enforce any legal right or remedy which is contained in this
Agreement, this will not be taken to be a formal waiver of TimeMaker’s rights
and that those rights or remedies will still be available to TimeMaker.
18. Changes in Agreement. TIMEMAKER
MAY CHANGE OUR POLICIES AND/OR THE TERMS OF THIS AGREEMENT AT ANY TIME. IT IS YOUR RESPONSIBILITY TO KEEP UP-TO-DATE
WITH AND ADHERE TO THE TERMS OF THIS AGREEMENT AS POSTED ON THE TIMEMAKER
WEBSITE. In the event of a change,
TimeMaker may but shall have no obligation to provide you with notice of the
change by email, regular mail or postings on our website.
YOUR USE OF TMMAIL IS SUBJECT TO THIS
AGREEMENT. IF YOU ARE FOUND TO BE IN VIOLATION OF THE TERMS OF THIS AGREEMENT
AT ANY TIME, AS DETERMINED BY TIMEMAKER IN ITS SOLE DISCRETION, WE MAY WARN YOU
OR SUSPEND OR TERMINATE YOUR ACCOUNT WITHOUT LIABILITY TO YOU.