MAKTOOB TERMS OF SERVICE
AGREEMENT
Definitions and Introduction
OWNER: Maktoob.com Inc., hereinafter referred to as "OWNER".
SERVICE: Maktoob web based e-mail service, owned, offered and
operated by OWNER, hereinafter referred to as "SERVICE".
This SERVICE is offered to all individuals or entities with no
discrimination as to race, nationality, origin and gender or otherwise.
This SERVICE is offered for the benefit of the Internet community, mainly
to allow users to send and receive electronic mail. Any usage of the
SERVICE for illegal purposes is strictly prohibited and shall in no way be
endorsed or encouraged by OWNER, as shall be specified hereunder.
IN OTHER WORDS, YOU ARE NOT ALLOWED TO USE THIS SERVICE TO SEND AND
RECEIVE MATERIALS THAT ARE CONSIDERED UNLAWFUL, HARASSING, LIBELLOUS,
OFFENSIVE OR VULGAR. YOU ARE NOT ALLOWED TO USE THIS SERVICE TO SEND AND
RECEIVE CHAIN LETTERS. YOU ARE NOT ALLOWED TO USE THIS SERVICE TO SPAM
OTHERS WITH E-MAIL MESSAGES.
OWNER SHALL IN NO WAY BE RESPONSIBLE FOR ANY UNLAWFUL USAGE OF THE
SERVICE. OWNER SHALL IN NO WAY ENDORSE OR ENCOURAGE UNLAWFUL USAGE OF THIS
SERVICE. OWNER SHALL IN NO WAY USE THIS SERVICE FOR PURPOSES OTHER THAN
THOSE SPECIFIED HEREUNDER. OWNER SHALL TAKE NECESSARY MEASURES TO CEASE
ANY UNLAWFUL USAGE OF THIS SERVICE.
IN SUMMARY, OWNER'S USAGE OF THIS SERVICE SHALL BE IN COMPLIANCE WITH THE
LETTER AND SPIRIT OF THIS AGREEMENT AND WITH CYBERMANNERS, THE INTERNET
CUSTOMS, USAGE AND PRACTICES.
SERVICE AGREEMENT: All issues provided in this agreement and any
future amendments or modifications, hereinafter referred to as "MSA".
MEMBER: Any individual or entity interested in joining Maktoob.
General Terms
The "Definitions and Introductory" terms constitute an integral part of
this agreement, and shall be read and construed in accordance with its
terms and regulations.
This SERVICE shall be governed by the terms and conditions set forth in
this agreement and any future amendments or modifications thereto. The MSA
is the agreement between OWNER and MEMBER in its entirety and supersedes
any previous commitments, agreements or conduct entered into concerning
this subject matter.
Pressing the "I ACCEPT" button at the end of this document and completing
the Registration Form shall constitute a legal agreement entered into by
OWNER and MEMBER.
Members' Obligations
Members are under the following obligations:-
- Obtaining the necessary tools for connecting to the World Wide Web,
this includes, as an example, a device, a modem, web browser and others
and getting an Internet connection.
- Providing OWNER with complete, accurate and updated information when
filling the Registration Form. This includes updating this information
in the future.
- When using this SERVICE, abiding by the generally accepted conduct
for usage. They are prohibited from using this SERVICE for purposes that
are illegal or unlawful in nature, harassing, libellous, abusive,
threatening, harmful, vulgar or obscene.
- Maktoob is a service provided for the benefit of the Internet
community to allow them to send and receive electronic mail, as well
Maktoob offers some value added services, as a result, Members shall not
use this SERVICE for generating chain letters, junk mail, spamming or
any use of distribution lists to any person.
- Member agrees not to use the SERVICE for illegal purposes; and not
to interfere or disrupt networks connected to the SERVICE; and to comply
with all regulations, policies and procedures of networks connected to
the SERVICE.
- Member shall not interfere with another Member's use and enjoyment
of the SERVICE or another entity's use and enjoyment of similar
services.
- Each Member shall be assigned an account and a password. It is the
Member's utter responsibility to maintain the confidentiality of the
account, the password and all activities pertaining to the account. Each
Member may change the password at any time by following the instructions
specified. Member should immediately notify OWNER of any unauthorised
use of Member's account or any other breach of security known to Member.
- Member is solely responsible for the contents of his or her
transmissions through the SERVICE.
- Member's right to use the SERVICE is personal to Member and shall
not resell or make any commercial use of the SERVICE.
- A- Each Member grants OWNER the right to disclose to third parties
certain information in the Registration Form. This shall exclude the
name, email address and account number with the following exceptions:-
Maktoob Member, or any person the Member shall designate, explicitly or
implicitly authorises such disclosure.
This disclosure is required by law or any legal process served on OWNER.
B- OWNER shall be executing partnerships, alliances, joint ventures or
other arrangements, (hereinafter agreements) with entities of high
repute and fine status. The purpose of those agreements is to avail
value added services to the members of the Maktoob community, and,
thereupon, any interchange of data or information between Maktoob and
those entities of high repute shall be in full harmony with and shall in
no way contradict or violate the privacy undertaking. Furthermore,
Maktoob shall take all necessary steps and precautions to ensure that
those entities of high repute fully abide by the basic and fundamental
principles established by Maktoob especially the ones pertaining to the
privacy of the members' communications and information.
OWNER's Rights
OWNER retains the right to perform the following:-
- Maktoob basic e-mail service is offered free of charge. However, the
OWNER has the right to impose certain fees on additional and premium
services.
- Send e-mails informing Members of value added services and
promotions.
Amend or modify this agreement.
- Modify, amend or discontinue the SERVICE offered without prior
notifications.
- Terminate this agreement and terminate the Member's account should
the Member provide inaccurate or misleading information in the
Registration Form, or should the Member violate the letter and spirit of
this agreement.
- OWNER is in no way liable when performing any or all of the
above-mentioned issues.
- OWNER is not and shall not use this SERVICE for illegal or unlawful
purposes.
- OWNER shall not sell or dispose of your e-mail addresses.
Privacy Issues
- OWNER shall not monitor or disclose the contents of the electronic
messages and transactions via this SERVICE. Except if the OWNER is
requested to do so by law, or such action is necessary to comply with a
legal process served on OWNER, or to protect and defend the rights or
property of OWNER; or when acting to protect the personal safety of its
members or the public, or as mentioned in paragraph B of the tenth point
in the Members' Obligations.
- OWNER is not responsible for the content of the messages or the
conduct of the Member. This includes any infringements of a third
party's rights.
- OWNER shall conduct certain technical processing of email messages
and their contents necessary to send and receive messages; conform to
connecting networks' technical requirements or other similar
requirements.
- OWNER assumes no responsibility for the deletion or failure to store
email messages and may establish an upper limit on the number of
messages or storage space on its server. Members shall be notified of
such restrictions when they occur.
Disclaimer of Warranties
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
OWNER 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.
OWNER MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR
THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR
DOES OWNER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE
WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN
DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
OWNER MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE
SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM
OWNER OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN.
Limitations of Liability
OWNER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE
SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR
RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING
FROM UNAUTHORISED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR
DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA
OR OTHER INTANGIBLE, EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
OWNER IS NOT LIABLE FOR ANY LOSS DUE TO THE TERMINATION OR INTERRUPTION OF
THIS SERVICE WHETHER THIS DAMAGE IS INTENTIONAL OR DONE IN GOOD FAITH OR
MEMBER NOTIFIED THE OWNER OF SUCH DAMAGE.
OWNER SHALL NOT BE LIABLE OR RESPONSIBLE FOR LOSS OF MEMBER'S E-MAILS OR
PROFITS.
Indemnification
Member agrees to indemnify and hold OWNER, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand,
made by any third party due to or arising out of Member's use of the
SERVICE, the violation of this MSA by Member, or the infringement by
Member of any intellectual property or other right of any person or
entity.
Termination
Either Member or OWNER may terminate the SERVICE with or without cause at
any time. OWNER shall not be liable to Member or any third party for
termination of SERVICE.
Upon termination of the SERVICE, Member's right to use the SERVICE ceases
immediately. Member shall have no right and OWNER will have no obligation
thereafter to forward any unread or unsent messages to Member or any third
party.
Notifications
OWNER may broadcast notices or messages through the SERVICE to inform
Member of changes to the MSA, the SERVICE, or other matters of importance;
such broadcasts shall constitute notice to Member and the latter is
presumed to have sufficient knowledge in their content.
Advertising Banners and Promotional Materials OWNER has the right to
include advertising banners and promotional materials on MAKTOOB. OWNER
assumes no responsibility and in no way endorses the content of such
materials, and shall not be held liable for any loss a Member incurs when
entering into correspondence or participating in the advertisements or
promotions.
Proprietary Rights All materials, including but not limited to, logos,
text, designs, software, music, sounds, photographs, videos, graphics,
greeting cards and others are proprietary to OWNER except where expressly
specified otherwise. The SERVICE includes other materials, which are
proprietary to their respective owners. All materials are protected by
copyright, trademarks, service marks, patents and other proprietary rights
and laws. Member is only permitted to use those materials in good faith
and as explicitly advised by the owners and is not, accordingly, permitted
to copy, reproduce, distribute, adapt, display or create derivative works
from the materials without expressly being authorised to do so by the
owners.
Applicable Laws
This agreement shall be governed by and construed in accordance with the
laws of the Hashemite Kingdom of Jordan and is subject to the exclusive
jurisdiction of the courts of the Hashemite Kingdom of Jordan.
Due course shall be given to the intention of the parties concerned, the
general laws and principles governing the Internet and the generally
accepted conduct of the citizens of the Internet and the Internet
community, referred to as "netiquettes".
Failure by OWNER to exercise or enforce any or all of the rights or
provisions mentioned herein shall not constitute a waiver of such right or
provision.
Member and OWNER agree that any cause of action arising out of or related
to this SERVICE must commence within one (1) year after the cause of
action arose; otherwise, such cause of action is permanently barred.
The section titles in the MSA are solely used for the convenience of the
parties and is of no legal or contractual significance. |
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