Email
Additional Terms and Conditions
These Email Additional Terms of Service (“Email Additional Terms”), as well as the General Terms and Conditions of Service (“Terms”), apply to the Services, as that term is defined below, that Higher Images provides to its clients (“you”).
Any capitalized terms not defined in these Email Additional Terms have the meanings given to them in the Terms of Service. In the event of a conflict between these Email Additional Terms and the Terms, the provisions of the Terms control.
1. Email Services. Higher Images may provide access to web-based email services, as well as cloud, organizer, and associated support services (collectively, “Email Services”).
2. License. All assets provided as part of the Email Services, including, but not limited to, email addresses, are owned by Higher Images or its licensors. Higher Images grants you a non-transferable, revocable, non-sublicensable, limited license to use the Email Services and associated assets. Higher Images reserves the right to change your email address or any other assets associated with the Email Services if, in Higher Images’s sole discretion, such asset is inappropriate or infringes on the rights of a third party.
3. Account Management Policies. Higher Images may establish practices and limits concerning your email account, including, but not limited to, the period of time your email will be retained; the number, size and type of email messages and attachments you may send and receive; and the amount of space allocated to your email storage. Higher Images may change these practices from time to time.
4. Use of Email Services. Higher Images prohibits unsolicited email to be sent through the Email Services. You agree to use the Email Services only to send and receive personal messages.
5. No Anti-virus Protection. You understand that unless otherwise specified in your service level or plan terms, Higher Images does not utilize anti-virus software or services to scan for viruses. If your service level or plan terms do include anti-virus software or services, you understand that not all viruses can be detected and/or cleaned. You are responsible for any damages caused by your decision to open or download any email or attachments.
Notwithstanding the foregoing, Higher Images uses a variety of techniques to address emails or attachments that Higher Images believes are unsolicited, inappropriate or harmful. In doing so, Higher Images may block or delete email or attachments sent by you or to you, even though such email or attachments may not be unsolicited, inappropriate or harmful.
You agree that Higher Images will not be responsible for any emails or attachments that are blocked or deleted for any reason and that you have no right, and Higher Images has no obligation, to retrieve or access any such deleted or blocked email or attachments. You further agree that Higher Images will not be responsible for any emails or attachments that it fails to block or delete, even if such email or attachments contain viruses or are otherwise harmful to your computer.
6. Service Interruptions. Higher Images takes reasonable efforts to keep its Email Services operational, but cannot guarantee uninterrupted service. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Higher Images further cannot guarantee the delivery, timeliness, or accuracy of any emails sent through the Email Services. You acknowledge that emails may be delayed, blocked, or fail to be delivered due to various factors outside of Higher Images’ control, including spam filters, server issues, or incorrect email addresses. Higher Images shall not be held liable for any of the consequences of such interruptions, delays, blocks, or failures, which shall not be considered a breach of this agreement.
7. Term and Termination. The initial term of your access to the Email Services will be one (1) month and shall be automatically renewed each month for additional one month periods unless and until sooner terminated. Higher Images or you may terminate the Email Services at any time for any reason, with or without cause, upon thirty days’ written notice.
In addition, Higher Images may suspend or terminate your use of the Email Services immediately and without notice:
(a) if Higher Images, in its sole discretion, deems that you have breached any part of these Email Additional Terms
(b) if your payment provider refuses payment of fees or charges or you refuse authorization for same, or
(c) if payment for the Email Services is more than fifteen days overdue.
Upon termination, you will no longer have access to your account, including but not limited to e-mails, log files, databases, or other data files associated with your account may be deleted. HIgher Images will not be liable for such deleted information or content. Email in inactive or terminated accounts may be deleted.
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