Community-email.com is an email service ("Service") operated by Alien Camel Pty Ltd (ABN 38088728616) ("AlienCamel"). You ("Sponsoring Community") request AlienCamel to operate the Service for your community members so they can send and receive emails with a domain name chosen by you subject to these Terms and Conditions of service ("T&C"). Your community members will enter into a subscriber's agreement when they subscribe to the Service.

Unless stated otherwise, the provision of the Service is subject to these T&C. You understand and agree that the Service is provided "as is" and that AlienCamel assumes no responsibility for the availability and uptime of the Service, nor the timeliness, deletion, non-delivery or failure to store any emails or user communications.

When you register for the community email service you will be required to create a domain name for your email service ("Community Domain"). You must ensure that you are entitled to use the domain name you create. (Refer to Domain Name Eligibility and Allocation Policy Rules and Guidelines for Interpretation for more details). AlienCamel will pay for and host one domain name for you as part of the Service.

The domain name is owned by the Sponsoring Community and AlienCamel acts as the Sponsoring Community's agent in the registration and management of the domain name.

In consideration of you promoting the Service to your community AlienCamel will pay you, the Sponsoring Community, a fee for every subscription to the Service. The fee is published prior to a subscriber signing up to the Service and is recorded against that account.

You may terminate an email account on your Community Domain at your absolute discretion.

You understand and agree that an owner of an account on your Community Domain may terminate the Service and convert their account to a standard Alien Camel email account at any time.

You may request AlienCamel to provide you with the name and email address of accounts in your Community Domain. AlienCamel will provide you with these details within twenty-four hours.

AlienCamel may in its sole discretion terminate this Service by giving You ninety-days notice or immediately if You or an account using your Community Domain is in breach of the subscriber's terms and conditions.

You may terminate the Service at any time. You agree that AlienCamel may offer the account holders on your Community Domain a standard Alien Camel email account if you terminate the Service.

AlienCamel reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service. You agree that AlienCamel shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

No written or oral advice or information obtained by you from AlienCamel shall create any warranty not expressly stated in these T&C.

You understand and agree that:
1. Your promotion of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. Unless required by law, AlienCamel 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;
2. Aliencamel makes no warranty that:
- the service will meet your requirements;
- the service will be uninterrupted, timely, secure, or error-free;
- any errors in the software will be corrected;

You understand and agree that Aliencamel shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Aliencamel has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the Service;
- unauthorized access to your transmissions or Content;
- statements or conduct of any third party on the Service; or
- any other matter relating to the Service.
If you are a resident of Australia, you agree that Aliencamel's liability for any breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act (other than a condition or warranty implied by section 69 of that Act) in respect of the service shall be limited as follows:
1. in the case of goods, to any one or more of the following (as Aliencamel may determine): (1) the replacement of the goods or the supply of equivalent goods; (2) the repair of the goods; (3) the payment of the cost of replacing the goods or acquiring equivalent goods; or (4) the payment of the cost of having the goods repaired.
2. in the case of services, to one of the following (as Aliencamel may determine): (1) the payment of the supplying of the services again; or (2) the cost of having the services supplied again, except as expressly provided elsewhere.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore some of the above limitations stated above may not apply to you.

Notices to you may be made via either email or the Aliencamel web site. The Service may also provide notices of changes to these T&C or other matters by displaying notices or links to notices to you generally on the Service.

Aliencamel, the Aliencamel logo, the Pending Email Advisory, and other Aliencamel logos and product and service names are trademarks of Aliencamel (the "Aliencamel Marks"). Without Aliencamel's prior permission, you agree not to display or use in any manner, the Aliencamel Marks.

These T&C constitute the entire agreement between you and Aliencamel and govern your use of the Service, superseding any prior agreements between you and Aliencamel. These T&C and the relationship between you and Aliencamel shall be governed by the laws of the State of Victoria, Australia, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Victoria. The failure of Aliencamel to exercise or enforce any right or provision of these T&C shall not constitute a waiver of such right or provision. If any provision of these T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these T&C remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these T&C must be filed within one (1) year after such claim or cause of action arose or be forever barred.

1 August 2006

Program information :: Terms and conditions for Subscribers :: Enrol