wumber, wumbers and wumbermail are common names for the wumber email privacy and anti-spam service (collectively, the "Service") on a network of computers (collectively, the "Network").
The service is provided by SP Touch Group LLC (the "Provider"), a company duly registered in the State of Delaware in the United States of America.
The provider may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the service.
1. Description of Service. The provider offers subscription and unpaid versions of the Service. The provider reserves the right, in its sole discretion, to limit the volume of emails per user and to reject or otherwise disallow through the service excessive volumes (based on prior use, or at the providers discretion) of email or for violation of this Agreement. Specifically, the provider reserves the right, in its sole discretion, to disable, pause or cease to service a user if a forwarding email address is not supplied and confirmed or is un-contactable for a period of ten (10) days and may then proceed to delete, disable, pause remove or otherwise cause to fail any part of the users service (including e-mails) stored in connection with a service account if the user's account has been inactive for thirty (30) days. If you subscribe to the service, you agree to be bound by the subscription agreement.
2. Use. The Service is made available to you for your personal use only. If you are using the business or commercial service, you must agree to the Commercial wumber service terms and conditions of use. You must be at least thirteen (13) years of age to use this Service. You must provide (or be able to provide on demand) current, accurate identification, contact, and other information that may have been required as part of the registration process and/or continued use of the Service. The provider reserves the right to refuse service to anyone at any time without notice for any reason.
3. Member and User Conduct. Upon registering, you will receive a wumber number or wumber account ID. You are responsible for maintaining the confidentiality of the password associated with your account Username, and are fully responsible for all activities that occur under your password, Username or wumber Number. You agree to (a) immediately notify the provider of any unauthorized use of your password, Username or wumber number or any other breach of security, and (b) ensure that you exit (logout) from your account at the end of each session. The provider Network cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
In addition to the Prohibited Conduct listed in Section 6 of the General Terms and Conditions, you agree that you will not use the Service to:
1. Generate or facilitate unsolicited commercial e-mail ("spam"). Such activity includes, but is not limited to;
- sending e-mail in violation of the CAN-SPAM Act or any other applicable anti-spam law
- imitating or impersonating another person or his, her or its e-mail address, or creating false accounts for the purpose of sending spam
- data mining any Web property (including the provider) to find e-mail addresses or other details pertaining to any other user of the service
- sending unauthorized mail via open, third-party servers
- sending e-mails to users who have requested to be removed from a mailing list that is managed or maintained by you or on behalf of you
- selling, exchanging or distributing to a third party the e-mail addresses of any person without such person's knowing and continued consent to such disclosure
- sending unsolicited e-mails to significant numbers of e-mail addresses belonging to individuals and/or entities with whom you have no preexisting relationship
- the inclusion of more than 10 different recipients on the same (or substantially same) email content more than 3 times in any given period.
2. Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
3. Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature
4. Conduct or forward pyramid schemes and the like
5. Transmit content that may be harmful to minors
6. Impersonate another person, business, company, agency, government or other (via the use of an e-mail address or otherwise) or otherwise misrepresent yourself or the source of any e-mail
7. Illegally upload, transmit, or store, or offer to do the same with respect to another's intellectual property or other proprietary information without such owner's or licensor's permission
8. Use the service to violate the legal rights (such as rights of privacy and publicity) of others
9. Promote, participate or encourage illegal activity
10. Interfere with other service users' enjoyment of the Service
11. Create multiple user accounts in connection with, or for the purpose of, any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses
12. Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any service account
13. Remove any copyright, trademark or other proprietary rights notices contained in or on the Service
14. Reformat or frame any portion of the web pages that are part of the Service
15. Use the Service in connection with illegal peer-to-peer file sharing
16. Use the Service in a manner that is not intended (such as file archiving, rather than sending e-mail communications)
17. Use the Service in any way that exposes the provider to criminal or civil liability
The Provider also may suspend or terminate any user account for any Product or Service because of user inactivity. For example, a service account may be terminated or suspended if a user fails to sign-in to the Service or send an email through the service for an extended period of time; please see the service Help section for more information regarding Provider and Service policies concerning account termination. If your account is suspended or terminated for inactivity, your right to use the Service immediately ceases.
4. Content. You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, 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 the Provider Network, are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the Service. The Provider Network does not control the user or third party Content posted via the Service, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and Agree that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Provider be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, e-mailed or otherwise transmitted via the Service. As a general matter, the Provider does not pre-screen user or third party Content posted traversing the Provider Network or service, except for certain areas where the Provider employs certain automated screening software, although the Provider reserves the right to do so, including, without limitation, spam filtering. The Provider does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. Furthermore, the Provider does not guarantee that all spam will be blocked from your account (except where expressly stated in the no-spam guarantee) or that legitimate mail will not be flagged as spam. The provider reserves the right to monitor some, all, or no areas of the Service for adherence to these Terms and Conditions or any other rules or guidelines posted by the Provider.
5. Intellectual Property Rights of the Provider. You acknowledge and agree that certain Content available through and used to operate the Provider Network and the Service is protected by copyright, trademark, patent, or other proprietary rights of the Provider and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by the Provider in connection with the Service. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by the Provider, any of the Provider's affiliates, or any of the Provider's service providers. You agree not to use any of the trademarks or service marks or other Content accessible through the Provider Network of any purpose other than the purpose for which such Content is made available to users by the Provider. You agree not to defame or disparage the Provider, the trademarks or service marks of the Provider, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Service or any software or programs used in connection with the Service or the Provider Network.
6. Representations and Warranties. You represent and warrant that all of the information provided by you to the Provider to participate in the Service is accurate and current; and you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder. If the Provider has issued a guarantee of service, fit-for-purpose or service level agreement, each claimant shall only be entitled to a single instance of such a guarantee and only then if the Provider is genuinely unaware of the source of the content under which the guarantee is claimed. A guarantee does not need to be considered by the Provider if the details of the subject of the guarantee are provided to the claimant or previously published on the Providers website or issued in an email (or other form of notice) to the claimant. The maximum liability of the Provider to any single claimant is the amount that the claimant has paid to the Provider for the current term of service in which the claim is made.
8. Account Inactivity. The Provider reserves the right, in its sole discretion, to suspend or pause an unpaid Service account if the attempt to forward inbound email fails for a period of ten (10) days and to delete a Service account in connection with an unpaid Service account if the user's account has been inactive for thirty (30) days.
9. Termination; Cancellation. You may cancel your use of the Service and/or terminate this Agreement with or without cause at any time by providing notice to the Provider by deleting your user subscription account, however, that terminated account may continue to exist for up to two business days before such cancellation takes effect. The provider may at any time and for any reason terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Any such cancellation or halt in service provision by the provider, shall also extend to and include any wumbers that have been used as logins or to otherwise identify you to a website or service and the passwords attached to the wumbers. Except as set forth above or unless the Provider has previously canceled or terminated your use of the Services (in which case subsequent notice by the Provider shall not be required), if you have provided an alternate e-mail address, the Provider will notify you via e-mail of any such termination or cancellation, which shall be effective immediately upon the Provider's delivery of such notice. Sections 3, 4, 5, 7, and 9 - 11 of the Agreement, along with applicable provisions of the General Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.
10. Indemnification. By using the Service you agree to hold harmless and indemnify the Provider and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Service, or your submission of ideas and/or related materials to the Provider or from any person's use of any account or password you maintain with any portion of the Provider's Network, regardless of whether such use is authorized by you.
11. Choice of Law and Jurisdiction. Unless expressly stated to the contrary elsewhere within the Service, all legal issues arising from or related to the use of the Service shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of New York applicable to contracts entered into and wholly to be performed within said state or country. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York, and judgment on the arbitration award may be entered into in any state or federal court in New York having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in New York having jurisdiction thereof. Except as set forth above, the state and federal courts of New York shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the Service. By using the Service and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in New York with respect to all such disputes.
Email Wumber Adminstration