Terms of Services
- ACCEPTANCE OF TERMS.
HKdotCom Ltd. (“HK.Com”) provides its MailMe@HKdotCOM service (“Service”) to you, subject to the
following Terms of Service (“TOS”),
which may be changed by us from time to time without notice to you. You
can review the most current version of the TOS at any time at the Site:
http://www.mailme.hk.com.
Unless explicitly stated otherwise, any new features that augment or
enhance the current Service, including the release of new properties
shall be subject to the TOS. Continued access to or use of the Services
after any such change shall constitute your consent and acceptance of
any such change. You understand and agree that the Service is provided
on an “AS-IS” and “As Available” basis without
warranties of any kind, either express or implied. In particular,
HK.Com assumes no responsibility for the timelines, deletion,
mis-delivery or failure to store any user communications or personal
settings. You are responsible for obtaining access to the Service. You
understand that access may involve third party fees (such as Internet
service provider or airtime charges) and you accept responsibility for
those fees, including fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for
all equipment necessary to access the Service. By clicking the “Accept” button, you are agreeing to
be bound by the TOS (as may be changed from time to time).
- YOUR REGISTRATION
OBLIGATIONS.
In consideration of your use of the
Service, you agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by the Service’s registration
form (such information being the “Registration
Data”) and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current or incomplete,
or HK.Com has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, HK.Com has the right to
suspend or terminate your account without prior notice and refuse any
and all current or future use of the Service (or any portion thereof).
In case of such a termination, HK.Com assumes no responsibility to you
or to any third party for any loss or damages arising from such a
termination.
- PERSONAL USE ONLY.
HK.Com’s service is made available for your use only. You may
only access your account from one computer at any given time.
Notwithstanding the above, you may, however, share a file which you
have stored in your webmail by informing a third party of the uniform
resource location (“url”). File sharing is only available while
you are logged on to the service and only one third party may access
the file per account session.
- HK.COM PRIVACY
POLICY.
Registration Data and certain other information about you is subject to
our Privacy Policy.
a. In using the Site you
may give us “personal data” as
defined in the Hong Kong Personal Data Privacy Ordinance (“PDPO”). This data may include the
first 4 digits of your Hong Kong Identity Card or passport. Pursuant to
the PDPO, you have certain rights in this personal data. By using this
Site you grant us the consent to use your personal data in accordance
with our Privacy Policy. The Privacy Statement may be read by
double-clicking “Privacy Policy”
on the homepage of the www.mailme.hk.com
website.
b. In using the Site you also grant to us the right to
transfer personal data to HK.Com’s affiliated companies without prior
notification. Due to the international nature of the internet,
this personal date may be transferred outside of Hong Kong.
- CLIENT ACCOUNT,
PASSWORD AND SECURITY.
You will receive a password and account designation upon completing the
Service’s registration process.
a. You are responsible for
maintaining the confidentiality of the password and account, and are
fully responsible for all activities that occur under your password or
account. You agree to (i) immediately notify HK.Com of any unauthorised
use of your password or account or any other breach of security; and
(ii) ensure that you exit from your account at the end of each session.
HK.Com cannot and will not be liable for any loss or damage arising
from your failure to comply with this Section 4.
b. You may recover your password online using the password
recovery procedures. If you are unable to recover your password online
and you have given us the first 5 digits of your HKID you may
present your Hong Kong Identity Card or passport to our offices located
at, Room 203, 80 Queens Road East, Wan Chai, Hong Kong, where for a fee
of HK$50, we will provide you with a new new password upon presentation
of proper identification.
- CLIENT CONDUCT.
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted
or privately transmitted, are the sole responsibility of the person
from which such Content originated. This means that you, and not
HK.Com, are entirely responsible for all Content that you email via the
Service. HK.Com does not control the Content e-mailed via the Service
and, as such, does not guarantee the accuracy, integrity or quality of
such Content. You understand that by using the Service, you may be
exposed to Content that is offensive, indecent or objectionable. Under
no circumstances will HK.Com be liable in any way for any Content. In
particular, HK.Com will not be liable for 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 Service. You agree to not use the Service:
a. for
any illegal purpose;
b. to upload, store, post, email,
transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libellous, invasive of another’s privacy, hateful, or
racially, ethnically or otherwise objectionable;
c. to harm minors in any way;
d. to impersonate any person or entity,
including, but not limited to, a HK.Com employee or staff or falsely
state or otherwise misrepresent your affiliation with a person or
entity;
e. to forge headers or otherwise
manipulate identifiers in order to disguise the origin of any Content
transmitted through the Service;
f. to upload, store, post, email,
transmit or otherwise make available any Content that you do 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);
g. to upload, store, post, email,
transmit or otherwise make available any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
of any party;
h. to upload, post, email, transmit or
otherwise make available any unsolicited or unauthorised 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 purpose;
i. to upload, post, email, transmit or
otherwise make available any material that contains software viruses,
Trojan horses, worms, time bombs, cancelbots, easter eggs or any other
computer code, files or programs designed to interrupt, detrimentally
interfere with, surreptiously intercept, expropriate, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment or create any liability for HK.Com or
cause HK.Com to lose (with whole or with part) the services of any
third parties;
j. to interfere with or disrupt the
Service or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks connected
to the Service;
k. to send or receive more than 500MB of
email per day.
l. to “stalk”
or otherwise harass another; or
m. to collect or store or attempt to obtain personal
data about other users.
In Section 5(h) above, the
interpretation of what constitutes “Spam” shall be decided solely by
HK.Com. The following is a non-exclusive list of what constitutes spam:
A.
sending more than 200 emails per any 24 hour period;
B. sending more than 100 emails per
hour; or
C. multiple emails sent to more than 100
recipients per hour (e.g. 5 emails sent to 20 recipients in one hour).
The sending of “spam” by
HK.Com users will not be tolerated. If you use your HK.Com account to
send “spam”, as it defined by HK.Com, HK.Com will terminate your
service without prior notice and will bear no responsibility to you or
to any third party for any loss or damages arising from such
termination. HK.Com may, in its discretion, may file a complaint with
the Privacy Commissioner under Article 37 of the PDPO and/or may
initiate civil action against the user in courts of Hong Kong. Further,
HK.Com reserves the right to collect costs (including but not limited
to attorneys’ fees) for investigating claims of spamming.
You acknowledge that HK.Com does not pre-screen Content,
but that HK.Com and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or move any Content that
is available via the Service. Without limiting the foregoing, HK.Com
and its designees shall have the right to remove any Content that
violates the TOS or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of
such Content. In this regard, you acknowledge that you may not rely on
any Content created by, or submitted to, HK.Com.
- SPECIAL ADMONITIONS
FOR INTERNATIONAL USE.
Recognising the global nature of the Internet, you agree to comply with
all applicable international, country and local laws, rules and
regulations regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws, rules and
regulations regarding the transmission of technical data exported from
the country in which you reside, including but not limited to the
United States Arms Export Control Act.
- INDEMNITY.
You agree to indemnify and hold HK.Com, and its subsidiaries,
affiliates, officers, agents, co-brands or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third party due to or arising out of
Content you submit, post, transmit or make available through the
Service, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
- NO RESALE OF
SERVICE.
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of the
Service, or access to the Service unless you have a prior, written
license from HK.Com appointing you as a service reseller.
- GENERAL PRACTICES
REGARDING USE AND STORAGE.
You acknowledge that HK.Com may establish general practices and limits
concerning use of the Service, including without limitation the maximum
number of days that email messages or other uploaded Content will be
retained by the Service, the maximum number of email messages that may
be sent from or received by an account on the Service, the maximum size
of any email message that may be sent from or received by an account on
the Service, the maximum disk space that will be allotted on mail
servers on your behalf, and the maximum number of times (and the
maximum duration for which) you may access the Service in a given
period of time. You agree that HK.Com has no responsibility or
liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the
Service. You further acknowledge that HK.Com reserves the right to
change these general practices and limits at any time, in its sole
discretion, with or without notice.
- MODIFICATIONS TO
SERVICE.
HK.Com reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that HK.Com shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of the Service. HK.Com also reserves the right to
archive email in your Inbox or Sent box into other folders in order to
optimize the performance of the service.
- TERMINATION.
You agree that HK.Com, in its sole discretion, may terminate or suspend
your account or use of the Service for any reason, including, without
limitation, if HK.Com believes that you have violated or acted
inconsistently with the letter or spirit of the TOS. HK.Com may also,
in its sole discretion and at any time, discontinue providing the
Service, or any part thereof, with or without notice. You agree that
any termination of your access to the Service under any provision of
this TOS may be effected without prior notice, and acknowledge and
agree that HK.Com may immediately deactivate or delete your account and
all related information and files in your account and/or bar any
further access to such files or the Service. Further, you agree that
HK.Com shall not be liable to you or any third-party for any
termination of your access to the Service.
- HK.COM’s
PROPRIETARY RIGHTS.
You acknowledge and agree that the Service and any necessary software
used in connection with the Service (“Software”)
contain proprietary and confidential information that is protected by
applicable intellectual property rights and other laws, rules and
regulations. You further acknowledge and agree that Content contained
in sponsor advertisements or information presented to you through the
Service or advertisers is protected by copyrights, trademarks, service
marks, design patents, patents or other proprietary rights and laws.
Except as expressly authorised by HK.Com or advertisers, you agree not
to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service, Content or the Software, in whole or in
part. HK.Com grants you a personal, non-transferable and
non-exclusive right and license to use the object code of its Software
and the service attached to it; provided that you do not copy, modify,
create a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code or workings of the
service, nor do you allow any third party to do so; sell, assign,
sublicense, grant a security interest in or otherwise transfer any
right in the Software. You agree not to modify the Software in any
manner or form, or to use modified versions of the Software, html,
javascript, including (without limitation) for the purpose of obtaining
unauthorised access to the Service. You agree not to access the Service
by any means other than through the interface that is provided by
HK.Com for use in accessing the Service. You may not use any automated
web scripting software tools to automate procedures to access or use
the service.
- DISCLAIMER OF
WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HK.COM
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
b. HK.COM MAKES NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM HK.COM OR ITS REPRESENTATIVES OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
- LIMITATION OF
LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HK.COM SHALL NOT BE LIABLE 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 (EVEN IF HK.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF 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; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE.
- EXCLUSIONS AND
LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 13 AND 14 MAY NOT APPLY TO YOU. HOWEVER, SUCH EXCLUSIONS
AND LIMITATIONS DO NOT AFFECT THE VALIDITY OF THE OTHER PROVISIONS OF
THIS TOS.
- NOTICE.
Notices to you may be made via email, fax or regular mail. The Service
may also provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you generally on the Service.
- GENERAL
INFORMATION.
The TOS constitutes the entire agreement between you and HK.Com and
governs your use of the Service, superseding any prior agreements
between you and HK.Com. You also may be subject to additional terms and
conditions that may apply when you use affiliate services, third-party
content or third-party software. This TOS shall be governed by
and construed in accordance with the laws of Hong Kong and each of the
parties hereto irrevocably submits to the non-exclusive jurisdiction of
the courts of Hong Kong. You hereby irrevocably waive any objection you
may at any time have to the laying of the venue of any Proceedings in
Courts of Hong Kong and any claim that any Proceedings have been
brought in an inconvenient forum. The failure of HK.Com to
exercise or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. 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. You
agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Service or
the TOS must be filed within one (1) year after such claim or cause of
action arose or be forever barred. The section titles in the TOS
are for convenience only and have no legal or contractual effect.
- TERMS OF
PAYMENT
HK.Com offers three
packages:
|
|
1 Year
|
2 Years
|
| Package A |
HK.Com Forwarding
address only
|
HK$
88
|
HK$138 |
| Package B |
HK.Com Webmail +
50MB storage
|
HK$
198
|
HK$338 |
| Package C |
HK.Com Webmail +
100MB storage
|
HK$
388 |
HK$588 |
Payment may be made by
sending a crossed cheque made out to “HKdotCOM Ltd.” to Room 203, 80
Queens Road East, Wan Chai, Hong Kong. Payment may be made by
means of credit card or pre-paid card. The terms and conditions
for payment by credit card or pre-paid card may be accessed by double –
clicking “Payment Methods” on the homepage of the www.mailme.hk.com
website. Service will begin one working day after receipt of payment.
|