WindyMail.com Terms and Conditions

Please read these conditions closely.

• I am of legal age, in the state of my residency to enter this agreement.
   
• This Application and Agreement shall constitute a binding agreement between IMAGE BANK Multimedia Inc. and myself at such time as this application is received and approved by IMAGE BANK Multimedia Inc.
   
• All setup fees are non refundable. IMAGE BANK Multimedia Inc. may immediately terminate a member who discredits the company's name, misuses, misrepresents or violates any requirement contained in this Agreement, Polices and Procedures.
   
• IMAGE BANK Multimedia Inc. reserves the right to revise our policies at any time. Additionally, IMAGE BANK Multimedia Inc. reserves the right to discontinue service for any account that we determine is being inappropriately or unlawfully used, and reserves the right to refuse service at our discretion.
   
• Web site construction and management is the responsibility of the client. IMAGE BANK Multimedia Inc. is not responsible for web site management or files lost or damaged by users. Backup of all site files is recommended, and should be maintained by the client on a machine outside of the IMAGE BANK Multimedia Inc. network. A fee of $50 CDN is required should a client request any files from our back up systems, which are intended for disaster retrieval only. IMAGE BANK Multimedia Inc. does not guarantee the availability of back up files or that the files contained in our backup systems will be the most current copy of a client's web site.
  
  If an account is used unlawfully or is in violation of the user policy, IMAGE BANK Multimedia Inc. reserves the right to terminate the account without notice and without refunds. Files that violate the user policy are subject to deletion without notice. Clients violating the user policy will be held responsible for damages to IMAGE BANK Multimedia Inc., including but not limited to, IMAGE BANK Multimedia Inc.'s systems, servers, connectivity, reputation, business, service, network, operations, or equipment. Determining what constitutes a policy violation is the sole discretion of IMAGE BANK Multimedia Inc. and includes, but is not limited to, the following:
   
  • Anti-Spam Policy - IMAGE BANK Multimedia Inc. strictly prohibits members from sending unsolicited mass emails or Spam, whether via email, Usenet or any other form. Any member using spamming techniques for soliciting referrals will be immediately terminated. In addition, their mailing address will be ineligible for opening a new membership account.
      
  • Content abuse – Any use of WindyMail.com newsletter and other content in format that is not part of plan feature, will result in termination of customer account and/or penalty fees for illegal use of content.
     
  • Software/Multimedia Distribution - Accounts cannot to be used to distribute "cracked" versions of copyrighted software (a.k.a. warez), serial numbers for copyrighted software or copyrighted multimedia files (i.e. music files or MP3's). Sites that contain links to pirated software or illegal contraband are also prohibited.
     
  • Adult Content - Sites containing adult material, links to adult material, or adult-oriented merchandise must be approved by IMAGE BANK Multimedia Inc.. The final determination of what constitutes "adult content" is made by IMAGE BANK Multimedia Inc..
     
  • System Abuse - Includes, but is not limited to, excessive use of CPU resources or disk space, installing IRC bots, excessive use of resources leading to the decrease of the system's performance or other CGI scripts that use a disproportionate amount of system resources. IMAGE BANK Multimedia Inc. will determine what constitutes system abuse.
     
  • Security Violation - Attempts to manipulate IMAGE BANK Multimedia Inc. servers or client web sites are prohibited. This includes, but is not limited to, attempting to gain unauthorized access to IMAGE BANK Multimedia Inc. servers, mail bombing, or other means of deliberately overloading systems.
      
• Setup and service fees are required to activate you account with IMAGE BANK Multimedia Inc.. Setup fees are non-refundable.
   
• You may cancel your subscription at anytime using your control panel. Your account will be automatically closed on the next scheduled billing date and you.
   
• IMAGE BANK Multimedia Inc. web site properties may contain technical inaccuracies or typographical errors. Changes to the www.WindyMail.com web site properties may be made periodically. Every good faith effort will be made to keep the web site content accurate and up to date. IMAGE BANK MULTIMEDIA Inc. reserves the right to make improvements and/or change our web site at any time without notice.
   
• USE OF www.WindyMail.com SERVICE IS AT THE CLIENT'S SOLE RISK. IMAGE BANK MULTIMEDIA Inc. ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. Neither IMAGE BANK MULTIMEDIA Inc., its employees, affiliates, third party services, merchant licensors or the like, warrant that www.WindyMail.com service will not be interrupted or error free. IMAGE BANK MULTIMEDIA Inc. will make every good faith effort to ensure that its web servers are available to as many Internet users as possible and that there is minimal interruption of service as possible
   
• Under no circumstance will IMAGE BANK MULTIMEDIA Inc., its partners, its employees, or its affiliates be liable for any claims, any action either direct, indirect, special, incidental, or consequential, or any damages either punitive or alleged to have resulted, including loss of profits, from the use of or inability to use IMAGE BANK MULTIMEDIA Inc. service, from service interruptions, from customer errors or problems with their Internet connectivity, from the client's equipment or available technology, from unauthorized access to IMAGE BANK MULTIMEDIA Inc. servers, from communication failure, from bandwidth congestion or interruptions, from any type of configuration error, or from acts of God
   
• This Agreement is governed by the laws of the province of Ontario of Canada
   
• This Agreement is not effective until accepted by IMAGE BANK MULTIMEDIA Inc..

* www.WindyMail.com is a product developed and maintained by IMAGE BANK Multimedia Inc.