Terms of Service.

Nowpos welcomes you to a new experience in email service.

1. CONDITIONS:
The service is provided, on the conditions herein after referred to as Terms of Service(TOS) with the reserved right to update/amend/alter the same from time to time with 24 hours notice of such update/amendment/alteration and without seeking specific consent for the same.

The service is further subject to any posted guidelines or rules applicable to such service which may be posted from time. All the guidelines/rules applicable to the Service (including and not restricted to Spam Policy) are hereby incorporated by reference into the TOS.

It is specifically understood that the Service being free is not one for a price and therefore is not strictly a commercial contract leading to a claim of improper or inadequate consumer service.

It is agreed that this is an agreement between the User on the one part and Nowpos on the other.

2. DEFINITION:
In the interpretation of these Terms and Conditions:

1. A reference to a Person includes reference to any Corporate person including a Company, firm, association or other legal entity, and vice versa;
2. The singular includes the plural and vice versa;
3. A reference to a gender includes a reference to the other genders;
4. Where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning; and
   Headings are inserted for convenience only and do not affect the interpretation of these Terms and Conditions;
5. User means any person who signs up for the use of the Service and includes any person who is authorized to use or uses the Service with the authorized mail id;
6. Law/Local law would mean the laws of India;
7. Service means and includes:
   
   1. An email account with unspecified storage;
   2. Spam protection for your existing email accounts
   3. The ability to access your email at any time via a web browser (such as Internet Explorer).

3. NON GUARANTEES:
User acknowledges and agrees that Nowpos does not guarantee that any/all emails/correlated services (including their attachments) which are received by you are virus free or error free.

Nowpos will not be liable in respect of any claim by User (whether contractual, tortious, statutory or otherwise) for any direct, special, incidental, indirect or consequential damages or injury including, and 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 Nowpos.

Nowpos also retains the right to log off any account that is inactive for an extended period of time, the meaning of which would also be determined by Nowpos.

Nowpos expressly disclaims all warranties of any kind whether express or implied including but not restricted to the implied warranties of merchantability, fitness for a particular purpose including universal application and non infringement.

4. ASSUMPTION OF CAPACITY:
On registration it is assumed that User has the capacity to contract as provided for under the law in India and that User does not suffer from any disqualification to enter such contract under the law of India.

It is assumed that User will and does provide true accurate complete and current information as sought at the time of registration.

The providing of the entire Service is based on an assumption that the information provided is correct and accurate and Nowpos has the unilateral right to withdraw the same if it entertains any reasonable suspicion or the information so provided is inaccurate, false, untrue or incomplete. Apart from withdrawal of such service without notice Nowpos also retains the right to take such other legal action as it would in law otherwise be entitled to take.

All data given with regard to Registration including personal details about you is subject to Nowpos Privacy Policy.

It is also assumed that at registration that User is aware of the TOS, the Privacy Policy and Programme Policy of Nowpos.
User agrees to abide by them, agree to them and also to the collection and use (in accordance with Policy) of the said information, including its transfer to a storage source outside of India.

5. REGISTRATION:
At the point of Registration apart from User name and other details sought User would be required to seek a password and an account designation which would on availability be assigned.

User will thereto be exclusively responsible for the maintenance of confidentiality of the password and account and fully responsible for all and any activity under the said password and/or account. The task of maintaining confidentiality of password and details of account are with User and shall always be fully and completely the responsibility of the User.

6. USER UNDERTAKING:
User hereby undertakes to notify Nowpos of any unauthorised use of password/account or any other breach of security. All activities that happen on the assigned account would be assumed to be that of the User with the knowledge and consent of User.

User also admits to the duty/liability to notify to Nowpos any unauthorised use of User password or account or any other breach of security.

Nowpos would not be responsible for any loss/damage/claim arising from failure to comply with the said conditions and including any on the basis of User failure to ensure proper exit/sign out at the end of each session.

7. COMMERCIALS:
It is specifically agreed that the Service comes with commercials and pleas for causes and that the same are needed for Nowpos and that they in fact clearly constitute a part of the revenue model of the service.

Nowpos would also be entitled to include certain announcements /communications of administrative messages. Users would not have the option to opt out of the same.

8. AMMENDMENTS:
Save as expressly provided to the contrary all new features that augment or enhance the current service shall be subject to the TOS and would not require a fresh set of terms of agreement or TOS.

Nowpos may, amend these Terms and Conditions in its sole discretion (which, notwithstanding anything stated above may include the imposition of a fee for using the Service).

User agrees that User will be bound by any amendment or addition to these Terms and Conditions, if User continues to use the Service after such amendment and notice of the same is posted.

9. SERVICE:

It is also specifically agreed that the service is AS IS and Nowpos is not in any way responsible for timeliness, deletion, mis-delivery or failure to store any user communication or personal settings in text or voice format.

Nowpos further makes it clear that while use of the Nowpos site is free , User is responsible for obtaining access to the Service and if necessary by paying such user charges such as Internet service provider/ airtime charges etc.

User is also responsible for providing and maintaining any/all equipment required to access the Service.

Access to User Nowpos mail accounts will be recognized/standard service providers and all normal/technically perceivable steps will be taken to provide the service on a permanent basis. Any failure at the end of the service provider resulting in discontinuance-temporary or otherwise would not make Nowpos liable in any manner to the User.

User acknowledges and agrees that Nowpos, its agents and employees will in accordance with its Privacy Policy, take all reasonable steps to preserve the privacy of User personal details and any electronic data stored on the Service. User further acknowledges that User will not however hold Nowpos responsible for any unauthorized or illegal access to Nowpos data storage system by any individual or group, whether internal or external to Nowpos.

It is further agreed that User will use the Service in accordance with the directions and specifications set out by Nowpos from time to time. These directions may include (without limitation):

1. Using specific SMTP or POP3 servers; and
2. Accessing User Account via any particular software (including any software provided by Nowpos from time to time).

It is specifically agreed and understood clearly that any material/content including all information, data, software, text, music, sound, advertisement, advice, plea, photographs, visual representations, voice messages etc posted either publicly or privately are sole responsibility and ownership of person/institution/organisation/group from where the said content originated and /or was sent. Nowpos lays no claim and owns no responsibility for any part of the same-be it accuracy, content, etc. Nowpos does not guarantee credibility, integrity or accuracy of such material and upload/transmit/post/download email/otherwise make available the same at User’s own risk. Nowpos is neither directly nor otherwise responsible for the same and shall not indemnify any claim in this regard.

Use of Service may entail exposure to offensive, objectionable, indecent, inaccurate and Nowpos is in no way responsible for the same or the content/or effect thereof.

Nowpos will also not be responsible for any loss/damage/inaccuracy or other effect of any kind occurring as a result of the use of any of the content/technology posted, emailed, transmitted or otherwise made available via the Service.

User agrees that Nowpos may delay the delivery of any email if it believes that the email constitutes spam or any other type of communication which User has authorized Nowpos to block or in the opinion of Nowpos is required to be blocked in accordance with the TOS or any other technical/legal/ business reasons. Nowpos would not be liable for any loss thereof for a bonafide decision in this regard

While the provision of the Service is free of charge, User agrees that Nowpos may, at any time in its sole discretion, terminate the Service and notify the same within fourteen (14) days thereof.

User acknowledges that Nowpos has made no warranties that the Service will be error free or will be available on a continuous basis or at any particular time.

Nowpos for User convenience provides links to other websites not in or under the control of Nowpos. User therefore acknowledges that Nowpos does not endorse these linked Sites (even if they pop up in a frame) or any links contained in these linked Sites. In addition, Nowpos is not responsible for any service based on the said site or the content, the privacy policies of these linked Sites or for any data collected by User at these linked sites.

User acknowledges that Nowpos 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 Nowpos, other than those warranties contained in these Terms and Conditions including without limitation any condition or warranty, is excluded.

Nowpos shall determine from time to time the general principles for practices and limits relating to use of Service, including the number of days the email messages, message board postings or other uploaded content will be retained by the Service, fixing a ceiling on the number of mails an email id may send/receive, the maximum disk space that will be allotted, a ceiling on the number of times you may access the Service in a given period of time.

Nowpos grants User a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that User does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. User agrees not to modify the Software in any manner or form, or to use modified versions of the software, including (without limitation) to the purpose of obtaining unauthorized access to the Service. User agrees not to access the Service by any means other than through the interface that is provided by Nowpos for use in accessing the Service.

Nowpos makes no warranty that the service will meet User requirements or is designed for any specific requirements of User; that the service would be uninterrupted, timely secure, error free; results being accurate or reliable; that the quality of the products, services information or other material purchased or obtained by User through the Service would meet User expectations.

Nowpos further declares that any material downloaded by User or otherwise obtained through the use of the Service done at User discretion and risk. User alone to the exclusion of Nowpos would be responsible for any damage to the User system/loss of data etc on download of any such material.

Nowpos further declares that it creates no warranty, unless expressly stated so by this TOS or under law so declared required on any advice or information whether oral or written obtained by/from/through the service.

Some individuals may experience physical discomfort including epilepsy/seizure when exposed to certain backgrounds or patterns on a computer screen or even while using the system. Even in the case of Users hitherto with no such experience may sometimes be subject to such physical discomfort. Users with family history may therefore consult physicians/doctors prior to use of the service. Also those who feel any kind of physical discomfort at the time of use are advised to immediately shut off the use of the system. The symptoms could include dizziness, altered vision, eye or muscle twitches, loss of awareness, a black out, involuntary movement, convulsions, disorientation etc.

Nowpos shall not be liable to User for any direct, indirect, incidental, special consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill use data or other intangible losses notwithstanding the fact Nowpos has been advised of the possibility of such damages resulting from

1. Use or the inability to use the service;
2. The cost of the procurement of substitute goods and services resulting from any goods, data , information or services purchased or obtained or messages received or transactions entered into through or from the service;
3. Unauthorised access to or alteration of User transmissions or data;
4. Statements or conduct of any third party on the service; or
5. Any other matter relating to the service.

Nowpos recognises the importance of Intellectual Property Rights(IPR) and thus respects the intellectual property of others and rights following thereof. Nowpos thus reserves the right, in appropriate situations and circumstances and at its discretion to disable and/or terminate the accounts of Users who may be repeat or known infringers. Users are free to bring to the notice of Nowpos any information based on belief/knowledge that work has been copied in a way that constitutes a violation of User right of Copyright or other Intellectual Property Rights(IPR) have been otherwise violated, by providing the following information.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

10. USER COVENANT:
It is specifically agreed that the User will not:

1. Resell or sublicense the use of the Service to any other person;
2. Use the Service in an illegal manner or email any materials from the Service or User Account which are offensive, unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable;
3. Use the Service to stalk or harass another person;
4. Use the Service to impersonate any person in any way whatsoever;
5. Use the Service to infringe the copyright, trademark, patent or other Intellectual Property Rights of any person;
6. Use the Service for sending advertising, chain letters, junk mail, "spamming" or any other type of unsolicited email;
7. Forge or alter the header or address information contained in any email or communication which you send from the Service;
8. Use the Service to send or deliver viruses, trojan horses or other harmful, disruptive, or destructive files;
9. Use the Service in such a way as to deny access to the Service to other users of the Service;
10. Use the Service in a way that degrades the performance of the Service for other users;
11. Upload, post, email, transmit or otherwise make available any Content that unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
12. Harm minors in any way;
13. Impersonate any person entry, including, but not limited to, a Nowpos Official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
14. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
15. Upload, post email, transmit or otherwise make available any Content that User does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
16. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such as purpose(please read our complete Spam Policy);
17. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
18. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
19. Interfere with or disrupt the Services or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
20. Provide material support or resources (or to conceal or disguise the nature, location source, or ownership of material support or resources) to any organization(s) designated by the Government of India as a foreign terrorist organization or an organisation banned under the law of the land;
21. “Stalk” or otherwise harass another; and/or
22. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (a) through (u) above;
23. Store any emails on the Service which are in excess of User’s bonafide requirements. Nowpos may delete any emails stored in User Account, if in the opinion of Nowpos User Account is in excess of bonafide requirements or the content so stored is not permitted or lacking in bonafides.

User further agrees/consents/acknowledges the right of Nowpos to access, preserve, and disclose information/details regarding User account information and content thereof when required under law on under bonafide belief of such need that the same is necessary to any of the following reasons:

1. Protect the rights, property or personal safety of Nowpos, its users and the public;
2. In response to claims of the same being in violation of the rights of third parties;
3. Comply with legal requirements;
4. As a response to User request for Customer Service;
5. Possible claims that the same is in violation of rights of other third-parties.

By and under this Agreement User also transfers rights to Nowpos of Content the User submits or makes available for inclusion on publicly accessible areas. The rights so transferred are: non exclusive, world-wide and royalty free; to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content ; such rights extend to photographs, graphics, audio and video material User submits for inclusion on publicly accessible area of the Service other than Nowpos including the right to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the service for the sole purpose for which such content submitted and or made available; In so far as content other than photographs, graphics, audio and video made available on publicly accessible areas of Service other than Nowpos, perpetual, irrevocable and fully sub licenseable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display adapt incorporate such Content in any format or medium not known now or to be later developed.
It is further made clear that for the purposes of this clause “Publicly accessible “areas would mean and include all area of Service of Nowpos network of properties that are intended by Nowpos to be available to the general public such as Message board, Voice Library, Photo Gallery.

User acknowledges and agree that as part of Nowpos verification process, all emails which are not from a sender approved by User can be blocked from entering Nowpos email servers, which may result in emails being delayed until resent by the sender's email server.
User agrees that Nowpos may delay the delivery of any email to User if it believes that the email constitutes spam or any other type of communication which has been specifically or by implication been authorised to be blocked.

User also acknowledges and agrees that Nowpos cannot guarantee that any emails (including their attachments) which are received by User are virus free or error free.
User acknowledges that Nowpos does not control the performance of merchants or advertisers that appear on Nowpos owned and or controlled site. Therefore, if User chooses to purchase a product or service, User releases Nowpos from any and all claims User may have regarding the third party's failure to deliver or perform. Nowpos uses other third-party advertising companies to serve ads on the website. These companies may use information (not including User name, address, email address or telephone number) about User visits to this and other websites in order to provide advertisements on this site and other sites about goods and services that may be of interest to User
a) Third Party Cookies
In the course of serving advertisements to this site, third-party advertiser may place or recognize a unique “cookie” on User browser.

11. CONTENT LIABILITY:
While Nowpos does not take on the responsibility of having to pre screen any Content that goes on the Service in the name of any kind of Content, Nowpos retains the right to at their sole discretion to pre screen/refuse/move any Content that is available via the Service for any reason including but not restricted to the same being objectionable or otherwise contrary to the TOS. Failure to do so does not in any manner reflect acceptance of any liability/accountability to the same.

Nowpos bears no responsibility in the evaluation or any other risks involved in the use of the Content, including viewing, use of the Content, and placing any reliance on the accuracy, completeness, usefulness etc of such content.

It is agreed that the technical processing and transmission of the Service including User Content could involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

It is further agreed that the Service and software embodied within the Service may include security components that permit digital materials to be protected and use of these materials is subject to usage rules by Nowpos and/or content providers who provide Content to the Service. Unauthorised reproduction/publication/further distribution or any kind of repletion of the Service/public exhibition of the materials provided on the Service, in whole or part is prohibited and any use would be a prima facie admission of such violation and will abuse of the TOS.

12. APPLICABILITY OF LAW:
It is more specifically agreed by User that all domestic laws regarding online conduct shall be applicable for User and User shall comply with all requirements of law- substantial and procedural as may be required now or from time to time with regard to transmission of technical data exported from this country or the country of such action.

Any of these Terms and Conditions which limit or exclude any term, condition or warranty, express or implied, of the User or the liability of Nowpos will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting 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.
User agrees that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

13. INDEMNITY:
User agrees to specifically indemnify Nowpos, its officers, employees and agents administrators, assigns, affiliates and other partners ("Indemnified") from any claims made by Third Parties 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 User breach of these Terms and Conditions or User infringement of the rights of any third party in using the Service.

14. PRIVACY :
This policy does not apply to the practices of companies that Nowpos does not own or control or to people that Nowpos does not employ or manage.

Nowpos stores User name, telephone number and address details for the purposes of operating User account. In addition, it may also store User preferences. Single session Cookies are also used for authentication purposes in the web mail environment.

Nowpos may aggregate demographic information for its use to provide it with an understanding of its user base. It may also provide overall statistics to the media. All personal information is accessible from User’s "User Profile" which is located under Options in the logged-in section of the Nowpos site.

User personal information is kept secure in a fully protected hosting environment.

Nowpos will without prejudice to Section 16 communicate with User via email. It will be for the purpose of service announcements and/or billing reminders.

Nowpos is hereby specifically authorised to use any information voluntarily given by User which includes the information sought at the time of registration to enhance User experience on Nowpos site, which is aimed at providing User with interactive or personalized elements on the sites and to better prepare future content based on User interests.

Nowpos aggregates this tracking information to determine which areas of the site members like and don't like based on traffic to those areas.

Nowpos does not track what individual members read, but rather how well each page performs overall.

You acknowledge and agree that Nowpos may without prejudice to the other provisions contained herein review and disclose personal information and data stored on its data storage system, where such review or disclosure is authorised by law or if it is reasonable to believe that such review or disclosure is necessary to:

1. Comply with any law;
2. Enforce these Terms and Conditions;
3. Respond to claims of violation of the rights of a third party; or
4. Protect the rights, property, or personal safety of Bluebottle, its users and the public.

Nowpos is specifically permitted by the User to use the information collected on site at the time of registration for the general purpose of customizing the advertisements and content the User may see and to contact User about special and new products.

Nowpos undertakes not to sell or rent User’s personally identifiable information to third parties.

In addition to what is stated above and without prejudice to the same Nowpos may also disclose personally identifiable information about you to third parties when:

1. We have User consent to share the information;
2. We need to share User information to provide the product or service at User request or consent.

15. TERMINATION:
Nowpos reserves the right to terminate ( which would include removal of access to all offerings within the Service/deletion of password and all related information, files and content associated with or inside User account, barring further use of the Service) without any notice under the following circumstances:

1. Breach or violation of the Terms and Conditions of the TOS/agreement/guidelines.
2. At the request/ requirement of any law enforcement agency or as required under the law/its agencies/nominees.
3. User request.
4. Discontinuance or material modification to the Service.
5. Unforeseen / unprovided for or unexpected issues relating to security or similar issues.
6. Extended periods of inactivity.
7. Fraudulent or illegal activity by User.
8. Non payment of dues to Service provider.

User agrees that the Service is non-transferable and any rights of the User to the contents within the account terminate upon death. Upon receipt of a copy of a death certificate, User account may be terminated and all contents therein permanently deleted.

16. NOTICE:
Any notice given under these Terms and Conditions must be in writing and, 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 post, ten (10) days after the date of posting; and
(c) in the case of a notice sent by facsimile, upon the receipt by the sender of a transmission report from the despatching facsimile machine which confirms that all of the pages comprised in the notice have been successfully sent to the receiving party's facsimile number.

17. WAIVER:
No single or partial exercise by Nowpos 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.

The failure of Nowpos to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.

18. SEVEREBILITY:
It is further agreed that in the event any provision of these Terms of Service is declared invalid or unenforceable by an appropriate court of law having proper jurisdiction such invalidity or unenforceability unless held to the contrary shall be presumed to be severable and shall not affect the operation or interpretation of any other provision of these Terms of Service and the invalid or unenforceable provision will be treated as severed from these Terms of Service.

If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

19. INDEPENDENT INVESTIGATION:
User acknowledges having read this TOS and agrees to all its Terms and Conditions. User further understands that Nowpos may at any time (directly or indirectly) solicit member referrals on terms that may differ from those contained in this TOS. User further acknowledges to have independently evaluated the desirability of utilising the facilities available on the sites owned/controlled/ managed by Nowpos and are not relying on any representation, guarantee or statements other than as set forth in this agreement.

Last updated: December 10, 2005