By using and/or visiting this website (collectively, including all content and functionality available through the Webmail.co.za domain name, the "Webmail.co.za Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) Webmail.co.za's privacy notice, found at http://www.Webmail.co.za and incorporated here by reference, and (3) Webmail.co.za's Community Guidelines, found at http://www.Webmail.co.za and also incorporated here by reference. If you do not agree to any of these terms, the Webmail.co.za privacy notice, or the Community Guidelines, please do not use the Webmail.co.za Website. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at http://www.Webmail.co.za. Webmail.co.za may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
3. Webmail Users and Accounts
In order to access some features of the Website, you will have to create a Webmail.co.za account. You may never use another persons account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Webmail.co.za immediately of any breach of security or unauthorized use of your account. Although Webmail.co.za will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Webmail.co.za or others due to such unauthorized use.
4. Permissions and Restrictions
Webmail.co.za hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
4.1 You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Webmail.co.za's prior written authorization. You agree not to alter or modify any part of the Website, including but not limited to Webmail.co.za's Embeddable Player or any of its related technologies.
4.2 You agree not to access User Submissions (defined below) or Webmail.co.za Content through any technology or means other than the video playback pages of the Website itself, the Webmail.co.za Embeddable Player, or other explicitly authorized means Webmail.co.za may designate.
4.3 You agree not to use the Website, including the Webmail.co.za Embeddable Player, for any commercial use without the prior written authorization of Webmail.co.za. Prohibited commercial uses include any of the following actions taken without Webmail.co.za's express approval:
- sale of access to the Website or its related services (such as the Embeddable Player) on another website;
- use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the Webmail.co.za website or any third-party website, targeted to the content of specific User Submissions or Webmail.co.za content;
- and any use of the Website or its related services (such as the Embeddable player) that Webmail.co.za finds, in its sole discretion, to use Webmail.co.za's resources or User Submissions with the effect of competing with or displacing the market for Webmail.co.za, Webmail.co.za content, or its User Submissions
4.4. Prohibited commercial uses do not include:
- uploading an original video to Webmail.co.za, or maintaining an original channel on Webmail.co.za, to promote your business or artistic enterprise;
- using the Embeddable Player to show Webmail.co.za videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with Webmail.co.za;
- any use that Webmail.co.za expressly authorizes in writing.
4.5 If you use the Webmail.co.za Embeddable Player on your website, you must include a prominent link back to the Webmail.co.za website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
4.6 If you use the Webmail.co.za Uploader, you agree that it may automatically download and install updates from time to time from Webmail.co.za. These updates are designed to improve, enhance and further develop the Uploader 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 Webmail.co.za to deliver these to you) as part of your use of the Uploader.
4.7 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Webmail.co.za servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Webmail.co.za grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Webmail.co.za reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
4.8. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, Webmail.co.za Community Guidelines, and all applicable local, national, and international laws and regulations.
4.9. Webmail.co.za reserves the right to discontinue any aspect of the Webmail.co.za Website at any time.
4.10 You agree to conform to generally acceptable Internet etiquette ("netiquette") and to abide by Webmail operating policies, which may be amended from time to time at Webmail's sole discretion, (and you hereby indemnify and hold Webmail free from liability in respect of any loss or damage of whatever nature caused as a result of any violations of such policy) which policies include but are not limited to the guidelines set out below:
a. Not to send e-mail to any person who does not wish to receive it;
b. Not to engage in any abuse of e-mail or spamming, and which shall include, but is not limited to, the posting or cross-posting of unsolicited articles with the same message (or substantially the same message) to an unacceptably high number of e-mail and newsgroup recipients that did not request to receive such messages;
c. Not to forward or propagate chain letters or malicious e-mail, or e-mail that solicits the performance of any illegal activity or other activity that infringes on the rights of others;
d. Not to create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
e. Not to post or transmit any message, data, image or program which is defamatory, or violates any other personal rights;
f. Not to post or transmit any message, data, image or program which is illegal, indecent, obscene, pornographic, racist, sexist, offensive, threatening, abusive, harassing, containing harmful or hateful data, image or program;
g. Not to post or transmit any message, data, image or program which violates the intellectual property rights of others, including but not limited to unauthorised copyrighted text, images or programs, trade secrets or other confidential proprietary information and trademarks;
h. Not to interfere with use of the Internet by any other Webmail subscribers or other users;
i. Not to post or transmit any file which contains viruses, worms, "Trojan horses" or any other destructive or contaminating features, regardless of whether or not damage is intended by you;
j. Not to cancel Webmail post other than your own;
k. Not to repeatedly post gratuitous off-the-topic postings;
l. Not to gather e-mail addresses and/or names or otherwise collect information about others without their consent;
m. not to violate the privacy of any person, which shall include but shall not be limited to, hacking.
n. Where there is any complaint in terms of abuse by other users or parties claiming to have Webmail accounts or using Webmail account replies then Webmail can and will only act through court orders in this regard.
5. Email and mobile marketing
1. Webmail reserves the right to insert, place, send or deliver marketing and advertising messages including Direct mailers into the user's mailbox and viewing area within Webmail and Webmobile, as well as to their Mobile phones, should this information be supplied.
2. Webmail may appoint such third parties with such regards as may be deemed suitable by Webmail from time to time.
3. Competitions hosted on the Webmail site are held at the discretion of Webmail and the winners of such will be notified directly. Competition winners are determined by the Marketing department and their decision is final. No correspondence will be entered into accordingly.
6. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Webmail.co.za Website.
The content on the Webmail.co.za Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Webmail.co.za, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Webmail.co.za reserves all rights not expressly granted in and to the Website and the Content.
You may access User Submissions solely:
- for your information and personal use;
- as intended through the normal functionality of the Webmail.co.za Service; and
- for Streaming.
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Webmail.co.za Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."
User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Webmail.co.za Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Webmail.co.za Service or otherwise as prohibited under this Agreement.
You may access Webmail.co.za Content, User Submissions and other content only as permitted under this Agreement. Webmail.co.za reserves all rights not expressly granted in and to the Webmail.co.za Content and the Webmail.co.za Service.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Webmail.co.za Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Webmail.co.za Website or the Content therein.
You understand that when using the Webmail.co.za Website, you will be exposed to User Submissions from a variety of sources, and that Webmail.co.za is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Webmail.co.za with respect thereto, and agree to indemnify and hold Webmail.co.za, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
7. Your User Submissions and Conduct
As a Webmail.co.za account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Webmail.co.za does not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Webmail.co.za to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Webmail.co.za, you hereby grant Webmail.co.za a worldwide, non-exclusive, royalty-free, sublicenseable and transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Webmail.co.za Website and Webmail.co.za's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Webmail.co.za Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Webmail.co.za Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licences granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Webmail.co.za Service. You understand and agree, however, that Webmail.co.za may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Webmail.co.za all of the license rights granted herein.
You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Webmail.co.za Community Guidelines, found at http://www.Webmail.co.za., which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
Webmail.co.za does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Webmail.co.za expressly disclaims any and all liability in connection with User Submissions. Webmail.co.za does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Webmail.co.za will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Webmail.co.za reserves the right to remove Content and User Submissions without prior notice.
8. Account Termination Policy
Webmail.co.za will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
Webmail.co.za reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Webmail.co.za may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
9. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBMAIL.CO.ZA WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WEBMAIL.CO.ZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WEBMAIL.CO.ZA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBMAIL.CO.ZA WEBSITE. WEBMAIL.CO.ZA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBMAIL.CO.ZA WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WEBMAIL.CO.ZA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. Limitation of Liability
IN NO EVENT SHALL WEBMAIL.CO.ZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBMAIL.CO.ZA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT WEBMAIL.CO.ZA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless Webmail.co.za, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Webmail.co.za Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Webmail.co.za Website.
13. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Webmail.co.za Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Webmail.co.za Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Webmail.co.za without restriction.
You agree that: (i) the Webmail.co.za Website shall be deemed solely based in Johannesburg, South Africa; and (ii) the Webmail.co.za Website shall be deemed a passive website that does not give rise to personal jurisdiction over Webmail.co.za, either specific or general, in jurisdictions other than Johannesburg. These Terms of Service shall be governed by the internal substantive laws of the State of South Africa, without respect to its conflict of laws principles. Any claim or dispute between you and Webmail.co.za that arises in whole or in part from the Webmail.co.za Website shall be decided exclusively by a court of competent jurisdiction located in Johannesburg, South Africa. These Terms of Service, together with the Privacy Notice at http://www.Webmail.co.za and any other legal notices published by Webmail.co.za on the Website, shall constitute the entire agreement between you and Webmail.co.za concerning the Webmail.co.za Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Webmail.co.za's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Webmail.co.za reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Webmail.co.za Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND WEBMAIL.CO.ZA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBMAIL.CO.ZA WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.