pfingoMAIL Terms of Service and Acceptable Use Policy

Terms of Service and Acceptable Use Policy

By completing the registration process and clicking "I accept", you are indicating your agreement to be bound by all of the terms and conditions of the agreement below. Read the agreement carefully as it sets forth your rights and obligations with respect to use of pfingo’s services. If you are not willing to be bound by the terms and conditions of this agreement, you should click "I don't accept".

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF pfingoMAIL SERVICE
pfingo’s Webmail Services ("Services"), operated by StarHub Mobile Pte Ltd (“StarHub”) under the branding “pfingo” via its supplier Outblaze, are provided to you ("User") under the terms and conditions of these Terms of Service ("TOS") and any operating rules or policies that may be published by pfingo. The TOS comprise the entire agreement between User and StarHub & Outblaze, and supersede all prior agreements between the parties regarding the subject matter contained herein.

2. DESCRIPTION OF THE SERVICES
pfingo agrees to provide User with a Web-based mailbox to send and receive electronic mail ("email"), along with an address book for storing contact information. pfingo may also choose to offer other services such as chat, forums, mailing lists, calendar, greeting card, Web hosting, or Web-based SMS. User must: (a) provide all equipment, including a computer and modem, necessary to establish a connection to the Web; (b) provide for User's own access to the Web; and (c) pay any telephone or other connection and service fees associated with such access. As this is a ad-supported service for the free version of the webmail service, Users are required to log in on an active basis (at least once within every 60 days) in order to enjoy the service. If an User is not an active user of the service, then the User will be considered inactive and the data stored on the system (messages, contacts, etc) will be deleted and new messages will be bounced back to the senders.

3. PRIVACY POLICY
In consideration for the Services, User agrees to: (a) provide certain current, complete, and accurate information about User as prompted to do so by the Services and (b) maintain and update this information as required to keep it current, complete and accurate. A 1000 ll information requested on original sign-up shall be referred to as registration information ("Registration Information"). This Registration Information will be owned by pfingo and any of its partners if applicable. If any information provided by User is inaccurate, pfingo retains the right to terminate User's membership and rights to use the Services.

Please also refer to the Legal & Privacy Statement at http://www.pfingo.com/links/termsuse.html

4. MODIFICATIONS TO TERMS OF SERVICE
pfingo reserves the right to modify the terms and conditions of the TOS at any time and at its sole discretion. pfingo will post any updates to the TOS on this website. By continuing to use the Services, User agrees to be bound by the amended TOS.

5. MODIFICATIONS TO THE SERVICES
pfingo reserves the right to modify or discontinue the Services, or any portion thereof, at any time, with or without notice to User. pfingo shall not be liable to User or any third party should pfingo exercise its right to modify or discontinue the Services.

6. USER ACCOUNT, PASSWORD, AND SECURITY
User is entirely responsible for maintaining the confidentiality of User's password and account, and for any and all activities which occur under User's account or password. User agrees to immediately notify pfingo of any unauthorized use of User's account, password, or any other breach of security known to User. User must change his/her password or profile by following instructions on the system.

7. DISCLAIMER OF WARRANTIES
pfingo provides the Services on an "as is" and "as available" basis, and User uses such Services solely at his/her own risk. pfingo makes no warranty that the Services will meet User's requirements, or that the Services will be uninterrupted, timely, secure, or error-free; nor does pfingo make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected. pfingo expressly disclaims all warranties of any kind, whether expressed, implied or statutory, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Services is done at User's own discretion and risk. pfingo is not responsible for User's computer system or loss of data that results from the download of such material and/or data. pfingo makes no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services. No advice or information, whether oral or written, obtained by User from pfingo shall create any warranty not expressly made herein.

8. LIMITATION OF LIABILITY
pfingo will not be liable for any loss of use, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including but not limited to lost profits) regardless of the form of action, whether in contract, tort (including negligence), strict product liability, or otherwise, even if pfingo has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to User.

9. DATA STORAGE AND OTHER LIMITATIONS
pfingo has set no fixed upper limit on the number of messages a User may send or receive through the services. However, pfingo retains the right, at its sole discretion, to determine whether or not User's conduct is consistent with the letter and spirit of 1000 the TOS and may terminate services if pfingo determines at its sole discretion that User's conduct is inconsistent with the TOS. pfingo assumes no responsibility for the deletion of or failure to store, deliver, or deliver in a timely manner email messages.

10. USER CONDUCT
User understands 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 User, and not pfingo, is entirely responsible for all Content that User uploads, posts or otherwise transmits via the Service. pfingo does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. User understands that by using the Services, User may be exposed to Content that is offensive, indecent or objectionable.

User agrees not to use the Services to:

• upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• harm minors in any way;
• impersonate any person or entity, including, but not limited to, an pfingo official, forum leader, guide or host, or falsely state or otherwise misrepresent User’s affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
• upload, post or otherwise transmit any Content that you do not have a right to transmit 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);
• upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas of the Service that may be designated for such purpose;
• upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• disrupt the normal flow of dialogue, cause a screen to scroll faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
• interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
• intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any rules of any national or other securities exchange, including, without limitation, the Singapore Exchange, New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
• "stalk" or otherwise harass another;
• collect or store personal data about other Users; or
• promote or provide instructional information about illegal activities, promote phy 1000 sical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites.

11. INDEMNIFICATION
User agrees to indemnify, defend (at pfingo's request), and hold Outblaze, StarHub and their parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including attorneys' fees, made or brought by any third party due to or arising out of User's use of the Services or any part thereof, the violation of the TOS or any provision therein by User, or the infringement or misappropriation by User, or a third party using User's computer, account or password to access and/or use the Services, of any Intellectual Property Rights of any person or entity, or the use or misuse by the User or third parties of User's passwords or accounts.

12. PROPRIETARY RIGHTS TO CONTENT
User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements, or Internet-distributed, commercially produced information presented to User by the Services ("Protected Content") by pfingo, pfingo's advertisers, or other Users may be protected by copyrights, trademarks, patents or other proprietary rights and laws; therefore, User is only permitted to use the Protected Content as expressly authorized by the owner of the Protected Content ("Owner"), the Services or the advertiser. User must not copy, reproduce, distribute, or create derivative works from this Protected Content without expressly being authorized to do so by the Owner, the Services or the advertiser.

13. GENERAL
User shall also be bound by pfingo General Terms & Conditions at http://www.pfingo.com/links/termsuse.html as well as such other terms and conditions as may be imposed by pfingo. The rights and protections conferred on StarHub under the TOS and the AUP below shall be additional to the rights and protections conferred on StarHub under pfingo General Terms & Conditions and such other terms and conditions as may be imposed by pfingo.

Acceptable Use Policy (“AUP”)

Unsolicited Bulk Email (popularly known as "spam")

Without exception, pfingo and Outblaze do not condone or tolerate the practice of mass-mailing unwanted email solicitations of any type, regardless of content, and we will do everything within our power to reduce the flood of this type of traffic across the Internet.

Any electronic mail customer who sends unsolicited advertisements or solicitations, commercial or otherwise, may have their account suspended and be disallowed further service.

The electronic mail customer is responsible for ensuring that the services obtained from pfingo and Outblaze are used in an appropriate manner. Therefore, the electronic mail customer must take steps to manage the use of the services obtained in such a way that network abuse is minimized. The electronic mail customer must also make contact information publicly available, and must respond in a timely manner to any complaints. In extreme cases, pfingo and Outblaze operations personnel have the option to immediately disable any account in order to forestall further abuse or damage to email systems. Unsolicited advertisements or solicitations sent from other networks which reference email accounts hosted at Outblaze shall be treated as if they originated from the account referenced, unless there is sufficient reason given for Outblaze operations staff to believe that the message truly originated with some unrelated party. Likewise, postings m D9C ade to Usenet newsgroups or other online forums which reference email accounts hosted at Outblaze, and are deemed to be inappropriate according to the local ethical standards of that forum, may be treated in the same manner as unsolicited bulk email above.

Filtering of Incoming Email
As owner of the equipment and other resources utilized to provide services, each of Outblaze and pfingo reserves the right to block electronic communications from other entities on the Internet. Users should be aware that such blocking or filtering may take place if deemed necessary or desirable by designated members of Outblaze or pfingo operations staff (or equivalent authorised parties).

Illegal Activities
Services offered must only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statue. Each of pfingo and Outblaze reserves the right to cooperate with law enforcement and other legal authorities in investigating claims of illegal activity. pfingo and Outblaze will not release any information regarding our Users (excepting that which is public knowledge, such as the WHOIS database) to any third party except upon presentation of a valid court order from a government or legal entity with proper jurisdiction. The User agrees that pfingo and Outblaze's judgment as to the validity of any such order shall be considered proper and final.

Right to Damages
Each of pfingo and Outblaze considers most instances of unsolicited bulk email to be unlawful and reserve the right to prosecute originators of same in a court of law. Each of pfingo and Outblaze reserves the right to collect damages (software, hardware, and man hours) if any harm is done to our network or equipment which requires repair or reconfiguration of any kind. If deemed appropriate by pfingo and Outblaze, the User will be billed not less than US$500 per individual complaint received by pfingo and/or Outblaze staff. In addition, each of pfingo and Outblaze reserves the right to collect damages in recompense for any perceived loss of brand reputation.

Nothing contained in this Agreement shall be construed to limit any action pfingo or Outblaze may take or remedies available to either of us in any way with respect to any of the described conduct. Each of pfingo and Outblaze reserves the right to take any additional action considered appropriate with respect to such conduct, including without limitation taking action to recover costs and expenses of identifying offenders and removing them from our network or systems, and levying cancellation charges to cover costs in the event of disconnection for the causes outlined in this Agreement. In addition, each of pfingo and Outblaze reserves at all times all rights and remedies available to us with respect to such conduct at law or in equity.

Non-enforcement of any policy or rule herein does not constitute consent or waiver, and each of pfingo and Outblaze reserves the right to enforce such policy or rule at their sole discretion.