Heaven's Email Terms of Service
IMPORTANT: PLEASE CAREFULLY READ THIS ENTIRE AGREEMENT. These Terms of Service ("Terms") govern your access and use of the heaven's email website and services including, without limitation, account access, email and the upload and transmission of data, photographs, graphics, text, information, and other message attachments and materials via computer or a mobile device (the "services"). these terms CONTAIN PROVISIONS THAT LIMIT OR EXCLUDE LIABILITY TO YOU and your access to and use of the services is conditioned on your acceptance of and compliance with these terms.
ACCESSING THIS WEBSITE, USING THE SERVICES IN ANY WAY, OR CLICKING THE "I ACCEPT" BUTTON BELOW ARE EACH EQUIVALENT TO YOUR SIGNATURE AND INDICATE THAT YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE CLICK ON THE "EXIT" BUTTON BELOW.
ARTICLE 1 - BACKGROUND
.1.1Heaven's Email allows users to generate a message (and, for Premium Account users, also include attachments such as and information, text, photographs, graphics) which will be encrypted and subsequently transmitted by FM signal. It is intended to be used as a tool for grieving but the Heaven's Email Service is not intended to actually communicate with deceased persons or pets.
.1.2How Heaven's Email works:
- When Your message is received by Our server, We generate a random secret key and use it to encrypt the message. After encrypting, we throw the secret key away (so that it cannot be used to decrypt the message) and store the message in our database awaiting transmission.
- The encrypted message is sent to the transmitter site and then erased from the main server (We retain the to, from, and subject parts of the message for a short time after transmission to show in your account details).
- The transmitter site translates the encrypted message to an audio signal representing the contents and broadcasts it via FM radio waves.
- After it finishes transmitting, the remote site deletes its copy of the message and then updates the main server.
ARTICLE 2 - DEFINITIONS
.1.3"Account" refers to the account used to access the Services from the Website, as represented by Your unique User ID and Password;
.1.4"Agreement" refers to these Terms of Service;
.1.5"Content" refers to any information, text, graphics, photos, fm radio signals or other materials appearing on, uploaded to, or downloadable in connection with the Services or the Website and includes any applicable intellectual property rights recognized by law;
.1.6"Heaven's Email", "We", "Us", "Our" refer to the Heaven's Email service operated by Departed Connections Inc.;
.1.7"Password" refers to the initial code provided to You which, in combination with Your User ID allows You to access and use the Services from your personal email account or for those with a Premium Account, a mobile device;
.1.8"Premium Account" refers to the optional account which allows a user to access the Services from their personal email account or mobile device;
.1.9"Service" refers to the Website and all of its the features, functions, content including, without limitation, the ability to generate and transmit a message which is subsequently encrypted and converted and transmitted via an FM signal, prior to its destruction. In the case of Users with a Premium Account, the Services include the ability to send messages from a personal email account or mobile device, and the ability to include attachments to the message (i.e. pictures or videos);
.1.10"Terms" refers to the terms and conditions outlined in this Agreement;
.1.11"Website" refers to the Heaven's Email websites (including all related sub domains, websites and functionality) located online at the urls listed in Schedule "A" hereto:
.1.12"You" and "Your" refers to you, the user
ARTICLE 3 - ACCESS TO THE SERVICES
.1.13Access. Subject to the terms and conditions of this Agreement, Heaven's Email grants to You a personal, non-transferable, and non-exclusive right and license to access and use the Service including, without limitation, the ability to access the Website and purchase a Premium Account to access the Service from your personal email or mobile device and create attachments (i.e. photos and video) to include with your message. This license is for the sole purpose of enabling You to enjoy the benefit of the Service, in the manner permitted by these Terms.
.1.14Your Commitments. In consideration for Heaven's Email granting You access to the Website and to use the Services You acknowledge and agree that:
- You will maintain the secrecy of Your login information (User ID and Password), including without limitation not sharing Your login information with any other person and will follow safe and secure computing practices with respect to any equipment or device used to access the Services;
- You will respect and comply with the intellectual property rights of third parties in connection Your use of the Service;
- Heaven's Email and third parties may place advertising on the Website and the content of advertising and advertising strategies may be subject to change and/or targeted based upon certain information, queries, demographic and user information;
- Heaven's Email may also provide You with certain communications, administrative messages, service announcements as part of the Service;
- You will abide by all applicable local, provincial, state, national, international and foreign laws, treaties and regulations applicable to You including without limitation, copyright and trademark laws;
- Heaven's Email may make changes to the Service without prior notice to You including, without limitation, the permanent or temporary cessation of the Service, the Website, or certain functionality or features previously offered via the Service;
.1.15Restrictions on use of Services.
- Spam: You will not send, circulate, or post unauthorized commercial communications of any kind in connection with Your use of Your Account;
- Automated Collection of Information: You will not collect, compile, store, or distribute any information or Content from other users without authorization;
- Injurious Use Prohibited: You will not use or facilitate the use of the Service for the purpose of investigating, accessing, tampering with software, code, security, authentication processes, to interfere or disrupt (or attempt to do so) the Service including, without limitation, uploading or introducing a virus, Trojan horse, or other malicious code, overloading, flooding, spamming, mail-bombing, or by scripting or otherwise introducing software to interfere or create an undue burden for Heaven's Email or to others accessing, attempting to access or using the Service;
- Soliciting login information: You will not solicit login information from other users or access an account belonging to someone other than yourself;
- Usage of the site: You will not use the Website for any activity that is illegal or malicious;
- Operation of the site: You shall not undertake any activity that impairs the proper working of the Website or Service in any way or which seeks to circumvent security and authentication measures;
- Third Party Content: You shall not permit, allow or do anything that will infringe or otherwise prejudice the third party rights of others including, without limitation, intellectual property rights;
ARTICLE 4 - PRICE AND PAYMENT
.1.18Price. The price for a Premium Account is outlined on the Website, does not include applicable taxes, and is payable at the time of purchase.
.1.19Payment. The price for Premium Account's is subject to change at the sole discretion of Heaven's Email. You shall pay Heaven's Email the price then applicable at the time of purchase in connection with Your purchase a Premium Account. Payment may be made through use of a valid credit card, PayPal, cheque, or other payment method authorized by Heaven's Email. Heaven's Email reserves the right to change, or to stop accepting, any permitted payment method at any time in its sole discretion. You agree Heaven's Email may charge Your payment card for any Premium Accounts purchased, and for any additional amounts (including any taxes) as may be accrued by or in connection with your Account.
.1.20Payment Authorization. When entering your billing information, it will be necessary to indicate Your chosen method of payment from those provided by or on behalf of Heaven's Email. You must be authorized to use the payment method indicated. You irrevocably authorize us or our designate (as the case may be) to charge you for the Service purchased by you.
.1.21Payment Processor. You specifically acknowledge that we may use a third party payment processing service in connection with your purchases. You consent to the collection and use of your information (including, if applicable, personal information) by such payment processing service as necessary to process your payments.
.1.22Accuracy of Billing Information. You are responsible ensure that all of your billing information is current, complete, and accurate.
.1.23Billing Statement. We will provide you with an online and/or emailed billing summary statement which you may review, save, at print at your discretion. This is the only billing statement that will be provided by us.
.1.24Billing Errors and Discrepancies. In the event you believe that we have billed you in error, you must contact us within ninety (90) days of the date of purchase. No refunds or adjustments will be provided for charges which are more than ninety (90) days old. If you do not advise us within ninety (90) days after the error first appears on your online billing statement we will not be required to correct any error. You hereby release us from all liability and claims of loss resulting from any error that you do not report to us within ninety (90) days after the error first appears on your online billing statement.
Refund Policy. All purchased Services are non-refundable (except where prohibited by law).
ARTICLE 5 - INTELLECTUAL PROPERTY RIGHTS
.1.25All Rights Reserved. Heaven's Email owns all right, title and interest in and to the Service and the Website. Nothing in this Agreement transfers or vests any intellectual property rights in or to You. You will not take any action to jeopardize, limit or interfere with Heaven's Email's intellectual property rights. Any unauthorized use of the Heaven's Email intellectual property is a violation of this Agreement as well as applicable intellectual property laws and treaties.
.1.26Ownership By Third Parties. Certain materials or information available to You via the Website or Service may be subject to third party intellectual property rights. All such intellectual property rights are and shall remain the property of their respective owners or creators (as the case may be). You acknowledge and agree that Heaven's Email is not responsible for the accuracy, completeness or content of websites provided by or on behalf of third parties.
ARTICLE 6 - TERMINATION
.1.27Termination By You. You may terminate this Agreement at any time by deleting Your Account and ceasing to use the Service.
.1.28Termination By Heaven's Email. Heaven's Email may terminate Your Account or the Service at any time if:
- You breach this Agreement; or
- Heaven's Email discontinues its business; files a petition in bankruptcy or is adjudicated bankrupt or insolvent; makes an assignment for the benefit of creditors; makes an arrangement pursuant to any bankruptcy law; or if a receiver is appointed for Departed Connections Inc. and such receiver is not discharged within sixty (60) days; or in the event of any other occurrence, short of the foregoing, the circumstances of Departed Connections Inc. should deteriorate to the point where, in it's sole judgment, the continued solvency of the Departed Connections Inc. is in doubt.
.1.29Consequences of Termination. Following termination of Your Account or this Agreement for any reason whatsoever, Your permission to access and use the Services is immediately revoked.
.1.30Survival of Terms. Notwithstanding the foregoing, the following paragraphs shall survive termination of this Agreement: 5.1, 7.1 to 7.4, and 8.1 to 8.4.
ARTICLE 7 - REPRESENTATIONS AND WARRANTIES
.1.31General Warranty Disclaimer. Other than as expressly set forth in this Agreement, Heaven's Email makes no representations, warranties or covenants to any person or entity with respect to the Service. The Service and Website are provided on an "as-is" and "as available" basis. Heaven's Email and its service providers do not give any warranties, guarantees, representations or conditions, whether express, implied, statutory or otherwise including, without limitation, whether a message generated via the Service will reach an intended recipient, or fitness for a particular purpose (including communication with deceased persons); compliance with any description; or non-infringement of third party rights) with respect to any service and all such warranties are hereby disclaimed to the maximum extent permitted by applicable law. For the sake of certainty, Heaven's Email makes no representation, warranty or covenant that use of the Website or Service will allow a User to actually communicate with deceased persons or pets or that the Service will assist in the grieving process or make a User feel better in any way.
.1.32No Warranty of Confidentiality. Due to the inherently public nature of FM radio transmissions Heaven's Email cannot guarantee that any messages generated or sent through the Service will not be intercepted, decrypted, and read by third parties.
.1.33No Warranty of Service Availability. Heaven's Email and its service providers do not guarantee that the Website or Service will be provided or available without interruption or error free. Heaven's Email and its service providers cannot and do not guarantee that the Website, and access to it, will always function without disruptions or delay. Since the Website and Service may or will be facilitated and/or transmitted through public internet lines and public and/or private switched telephony network(s) and/or wireless networks (as the case may be), you understand that there may be service disruptions or outages.
ARTICLE 8 - LIMITATION OF LIABILITY AND INDEMNITY
.1.34Liability Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEAVEN'S EMAIL SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCURRED THROUGH THE USE OF THE WEBSITE AND SERVICE. HEAVEN'S EMAIL IS NOT RESPONSIBLE FOR ANY LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF REPUTATION, OR FOR ANY BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICE. HEAVEN'S EMAIL IS NOT RESPONSIBLE FOR ANY INFORMATION, ADVERTISING OR WEBSITE CONTENT OR MATERIALS MADE AVAILABLE BY OR ON BEHALF OF THIRD PARTIES AND ACCESSIBLE VIA THE WEBSITE OR SERVICE.
.1.35Maximum Liability. THE AGGREGATE LIABILITY OF HEAVEN'S EMAIL IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE SERVICE OR ANY OTHER CIRCUMSTANCE GIVING RISE TO LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES ONLY AND SUCH DIRECT DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO HEAVEN'S EMAIL FOR THE USE OF THE SERVICE. IN NO EVENT, HOWEVER, SHALL SUCH LIABILITY EXCEED $15.00 CAD.
.1.36Application of Exclusions and Limitations of Liability. You acknowledge and agree that the Representations and Warranties, Exclusions and Limitations of Liability described above:
- apply to any and all causes of action whatsoever including breach of contract (including fundamental breach), strict liability, tort (including negligence), breach of any duty, or any other legal or equitable theory;
- shall enure to the benefit of Heaven's Email (including its successors or assigns) and its servants, agents, employees, licensors, service providers, and their respective officers, agents, employees, and/or successors and assigns; and
- are reasonable and reflected in the pricing set by Heaven's Email.
.1.37Indemnity. You hereby agree to defend, indemnify, and hold harmless Heaven's Email, its agents, assigns, employees, contractors, consultants, and service providers and their respective successors and assigns, from and against any and all claims, demands, actions, proceedings, liabilities, judgments, penalties whether civil or criminal, taxes, and all costs, liabilities and expenses (including, without limitation, reasonable legal fees) arising out of or relating to your use of the Service, or that may be incurred by Heaven's Email arising out of, or relating to, your violation of these Terms of Service, the misuse or illegal use of the Service, or any violation by You of applicable law or rights of any third parties (including intellectual property rights), the failure of you to comply with applicable laws and regulations, any errors in any data (including maintenance data) supplied to us, or your gross negligence or wilful misconduct.
ARTICLE 9 - GENERAL
.1.38Assignment and Sublicense Prohibited. You may not assign, delegate, sublicense, transfer or subcontract the whole or any part of this Agreement or the rights granted hereunder without the prior written consent of Heaven's Email. Notwithstanding the foregoing, Heaven's Email may, at its sole discretion, assign this contract or any of its rights hereunder to any third party, without giving prior notice.
.1.39Regulatory Requirements. Heaven's Email reserves the right to adjust the Heaven's Email Service sat any time in order in order conform to legal and/or regulatory obligations or requirements as determined by Heaven's Email at its sole discretion.
.1.40Modifications to Agreement. Heaven's Email reserves the right to modify this Agreement at any time at its sole discretion by providing such revised Agreement to You or by publishing the revised Agreement on the Heaven's Email Website. You are responsible for periodically reviewing the amendments on the Heaven's Email Website and You are deemed to be aware and accept such amendments following any subsequent access or use of the Website and/or Service. If You do not agree to the amended terms and conditions, You are no permitted to use the Heaven's Email Website and Services. Your continued use of the Heaven's Email Services shall constitute Your acceptance to be bound by any revised Agreement. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on Heaven's Email unless Heaven's Email authorizes and posts such Amended Agreement to the Website.
.1.41Severability. Each provision of this Agreement is intended to be severable and if any provision is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable for any reason whatsoever, such provision shall be severed from this Agreement and will not affect the legality or validity or enforceability of the remainder of this Agreement or any other provision hereof and the Agreement shall be construed, as nearly as possible, to reflect the intentions of the severed provision(s) to the extent possible under applicable law.
.1.42Waiver. No delay on the part of Heaven's Email in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.
.1.43Governing Law and Jurisdiction. This Agreement and any transactions contemplated by this Agreement shall in all respects, be construed according to, and the rights and liabilities of the parties hereto shall in all respects be governed exclusively by, the laws of the Province of Saskatchewan, Canada without reference to the principles of conflicts of law. You irrevocably submit and attorn to the exclusive jurisdiction of the courts of the Province of Saskatchewan, Canada with respect to any adjudication of rights hereunder, without regard to its conflict of laws provisions. You agree to waive any right You may have to: (i) trial by jury; and (ii) commence or participate in any class action against Heaven's Email related to the Heaven's Email Services or this Agreement and, where applicable, You also agree to opt out of any class proceedings against Heaven's Email or its licensors.
.1.44Force Majeure. Neither party will be liable to the other for any delay in performance or inability to perform due to Force Majeure. "Force Majeure" includes any acts or omissions of any civil or military authority, acts of God, terrorism, fires, strikes or other labour disturbances, major equipment failures, fluctuations or non-availability of electrical power, heat, light, air conditioning or telecommunications equipment that cannot reasonably be foreseen or prevented, or any other act, omission or occurrence beyond either party's reasonable control, irrespective of whether similar to the foregoing enumerated acts, omissions or occurrences. The party subject to a Force Majeure event shall promptly notify the other party of the occurrence of such event and take all reasonable steps and commercially reasonable efforts to restore its ability to perform and to perform its obligations under this Agreement. In no event shall User be liable for any charges during that period of time in which there is an interruption of the Heaven's Email Service under this Section.
.1.45Notices. All notices, requests and other communications required or permitted to be given under this Agreement except those specifically permitted to be given by e-mail or posted using the Heaven's Email Service, must be in writing, and must be mailed by registered or certified mail, postage prepaid and return receipt requested, or delivered by express mail, private courier or facsimile to the party to whom such notice is required or permitted to be given. Any such notice will be considered to have been given when received, or if mailed, five business days after it was mailed, as evidenced by the postmark. Your mailing address or electronic mail address for notice shall be the address You provided to Heaven's Email in association with Your Account. You are solely responsible for keeping Your Account contact information current.
.1.46Enurement. This Agreement shall inure to the benefit of and be binding upon You and Heaven's Email and each party's successors and permitted assigns.
.1.47Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto and supersedes all other prior agreements, representations, warranties, statements, promises, information, arrangements and understandings, whether oral or written, express or implied, with respect to the subject matter hereof.
© Departed Connections Inc., 2011. Canada.
The domain names which encompass the Heaven's Email service are as follows: