9cays.com is an electronic messaging service provided by Alien Camel Pty Ltd (ABN 38088728616) ("AC"). It allows registered users to email other users using proprietary technology developed by AC in an email conversation ("the Service"). The Service archives the email conversation on a web page so it can be viewed using a web browser via the Internet. In consideration of users registering to use the Service AC provides registered users with the Service subject to this agreement ("T&C") and the 9cays Privacy Policy.
Users can register to use the service by providing their details on the 9cays web site or by replying to an email that has been sent to the user by the 9cays service (such emails will have an email address with the 9cays.com domain name). Users who register via the 9cays web site can start an email conversation. Users who register by replying to an email sent by the 9cays service can only participate in an email conversation and must provide additional details by completing the sign up process on the 9cays web site before they can start an email conversation.
As part of the sign up process users will be asked to select a username and password and users will be responsible for all activities occurring under that username.
You understand and agree that all data, text, images, documents, attachments links and any other content ("Content") that is sent to the Service via email, 9cays web site or any other means is the sole responsibility of the user from which such Content originated. This means that you as the sender of such Content, and not AC, are entirely responsible for all Content that you email, post, upload or transmit via any other means ("Post") via the Service. You understand and agree that by using the Service, you may be exposed to Content that is offensive or objectionable. Under no circumstances will AC be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content Posted via the Service. You understand and agree that you must review and decide for yourself, and bear all risks associated with the use of any Content that is transmitted via the Service.
You acknowledge and agree that AC does not block, screen, control, endorse or deal with in any manner the Content transmitted via the Service and has no obligation to monitor the Content Posted via the Service. If AC discovers Content that breaches the T&C AC may investigate and in its sole discretion decide to remove the Content.
You understand and agree that messages transmitted via the Service are archived on a web page which serves as a record of the email conversation. For this archive to be useful the removal of email messages is not permitted unless the Content is in breach of the T&C.
You acknowledge and agree that you are responsible for your activities and Content while using the Service and for any consequences arising from such use. You acknowledge and agree to use the Service only to receive, download and Post Content that is lawful and does not:
You acknowledge and agree to use the Service only for lawful purposes and that you will not:
AC owns and retains all rights in the Service which contains proprietary and confidential information that is protected by intellectual property and related laws. "9CAYS" and the 9cays logo are trademarks of AC.
AC claims no ownership or control over any Posted Content By Posting Content you grant AC a worldwide, non-exclusive, royalty-free licence to reproduce such Content on the Service.
AC provides no warranties (except those required by consumer protection legislation) including but not limited to the reliability, availability merchantability or fitness for purpose regarding the Service. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AT YOUR OWN RISK. You also agree to indemnify AC from any claim arising from your use of the Service including any liability or cost arising from claims, losses, damages (actual and consequential), suits, judgements, litigation costs and legal fees of any kind.
AC may terminate your use of the Service at any time for any reason. These T&C continues to apply after such termination.
AC may provide you with notices regarding the Service or these T&C by email or postings to the 9cays web site.
This agreement is governed by the laws of the State of Victoria, Australia. The parties agree to submit to the jurisdiction of the courts of the State of Victoria. These T&C constitute the entire agreement between you and AC regarding the Service.