Terms of Services
  1. 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).

  1. 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.
  1. 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.
  1. 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.
 
  1. 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.

  1. 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.

  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1.  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.

  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1.  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.
 

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