Effective Date: May 7, 2023
Please read these Terms of Service ("Terms") carefully before using the Port87 email service ("Service"), operated by SciActive Inc ("SciActive," "we," or "us"). By accessing or using the Service, you ("User" or "you") agree to be bound by these Terms.
1.1 Age Requirement: Users must be 13 years old or older to use the Service. By accessing or using the Service, you represent and warrant that you meet this age requirement.
1.2 Account Restrictions: Users who have had their accounts with the Service suspended or terminated and were not reinstated are not eligible to create a new account. This restriction applies whether the suspension or termination was due to a violation of these Terms or for any other reason. SciActive reserves the right to enforce this restriction and may take appropriate measures to identify and prevent the creation of new accounts by ineligible users.
1.3 Account Registration: To access certain features and functionalities of the Service, you may be required to create a user account ("Account"). During the registration process, you agree to provide accurate, current, and complete information and to keep your Account information updated. You are solely responsible for maintaining the confidentiality of your Account login credentials and for any activities or actions that occur under your Account.
1.4 Account Security: It is your responsibility to maintain the security of your Account and promptly notify SciActive of any unauthorized access or use of your Account or any other breach of security. SciActive shall not be liable for any loss or damage arising from your failure to comply with this security obligation.
2.1 General Use: The Service is provided to enable the transmission and receipt of emails for personal and lawful purposes. You agree to use the Service only in accordance with these Terms and all applicable laws and regulations.
2.2 User Obligations: By using the Service, you agree to comply with all applicable laws and regulations, including but not limited to those of the jurisdiction in which you reside or access the Service. You are solely responsible for ensuring that your use of the Service is in compliance with all applicable legal requirements.
2.3 Prohibited Actions: When using the Service, you must not engage in the following activities:
2.3 This list is not exhaustive, and SciActive reserves the right to take appropriate action, including but not limited to account suspension or termination, in response to any user behavior that violates the spirit of these Terms or is otherwise deemed inappropriate.
3.1 Responsibility for Content: You understand and acknowledge that any content you generate, transmit, or store using the Service ("User Content") is solely your responsibility. This includes emails, attachments, and any other form of user-generated content. You are solely liable for the accuracy, legality, and appropriateness of such content.
3.2 Legal Compliance: By using the Service, you agree to comply with all applicable laws and regulations, including but not limited to copyright laws, privacy laws, defamation laws, and laws governing the transmission of electronic communications. You are solely responsible for ensuring that your use of the Service and your User Content do not infringe upon the rights of others or violate any applicable laws.
3.3 Indemnification: You agree to indemnify and hold harmless SciActive, its affiliates, officers, directors, employees, agents, and suppliers from any claims, damages, liabilities, or expenses (including reasonable attorneys' fees) arising out of or related to your violation of any applicable laws, infringement of third-party rights, or the content you generate using the Service.
3.4 Content Monitoring: While SciActive does not actively monitor user-generated content, we reserve the right to investigate, review, and remove User Content that we believe, in our sole discretion, violates these Terms, infringes upon the rights of others, or is otherwise objectionable. However, SciActive does not assume any obligation to monitor or take action regarding user-generated content.
3.5 Reporting Inappropriate Content: If you come across any content generated by other users that you believe violates these Terms or is otherwise objectionable, please promptly report it to SciActive by contacting email@example.com. We appreciate your cooperation in helping us maintain a safe and lawful environment for all users.
3.6 Risk Assumption: You acknowledge that by using the Service, there may be inherent risks, including but not limited to the potential for exposure to offensive, inaccurate, or objectionable material. You agree to assume all risks associated with the use of the Service and any reliance on user-generated content.
4.1 Violation Consequences: If you violate these Terms or engage in any prohibited activities, SciActive reserves the right to suspend or terminate your Account, at its sole discretion, without prior notice. The extent of the suspension may vary, ranging from the suspension of your ability to send emails to the complete suspension of your access to the Service.
4.2 Appeals Process: If your Account is suspended or access to the Service is restricted due to a violation, you may have the opportunity to file an appeal. To initiate the appeals process, you must send an email to firstname.lastname@example.org within 60 days from the date of the suspension. The appeal should include a clear explanation of the circumstances and any supporting evidence or arguments that demonstrate your compliance with the Terms of Service.
4.3 Account Reinstatement: After receiving an appeal, SciActive will review the information provided and evaluate the merits of the case. The decision to reinstate the account or lift the access restrictions will be at the sole discretion of SciActive. If the appeal is successful, the account's functionalities will be restored accordingly.
4.4 Account Deletion: If your Account remains suspended or access to the Service is restricted after the appeals process, and there is no ongoing legal or regulatory requirement for data retention, your Account and associated data may be deleted at the discretion of SciActive. This deletion may occur after the expiration of the 60-day appeal period.
4.5 Modifications and Exceptions: SciActive reserves the right to modify or update the appeals process, including the timeframe for account reinstatement or deletion, in exceptional cases or to comply with legal obligations.
5.1 Law Enforcement Cooperation: SciActive Inc cooperates with law enforcement agencies and will comply with all legal orders, subpoenas, or court-issued warrants, as required by applicable laws and regulations. We may disclose user information and any relevant data, including the content of user communications, to the extent necessary to comply with such legal obligations or protect the rights, safety, and security of our users, SciActive, and the general public.
6.1 Changes to the Terms: SciActive reserves the right to modify or update these Terms at any time. We will notify users of any changes by posting a notice on the Port87 website. It is your responsibility to review the Terms periodically. Continued use of the Service after such modifications constitutes your consent to be bound by the updated Terms.
7.1 No Warranty: The Service is provided on an "as is" and "as available" basis. SciActive makes no warranties or representations, either express or implied, regarding the Service, including but not limited to its availability, reliability, accuracy, or suitability for any particular purpose.
7.2 Limitation of Liability: To the maximum extent permitted by applicable law, SciActive, its affiliates, officers, directors, employees, agents, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with the use of or inability to use the Service, even if advised of the possibility of such damages.
8.1 Applicable Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of laws principles.
8.2 Jurisdiction: Any legal action, suit, or proceeding arising out of or relating to these Terms or the use of the Service shall be filed exclusively in the state or federal courts located in the County of San Diego, California. You and SciActive hereby consent to the personal jurisdiction of such courts for the purpose of resolving any such disputes.
8.3 Conflict of Laws: In the event that the laws of your country or state conflict with the laws of California, United States, regarding the interpretation, validity, or enforcement of these Terms, you agree that the laws of California shall prevail and govern the resolution of any such conflicts. You further agree that any claims or actions against SciActive shall be brought in accordance with section 8.2 (Jurisdiction) above.
9.1 Entire Agreement: These Terms constitute the entire agreement between you and SciActive regarding the Service and supersede any prior or contemporaneous agreements, understandings, or representations.
9.2 Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
9.3 Waiver: The failure of SciActive to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
9.4 Assignment: You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of SciActive.
9.5 Contact Information: If you have any questions or concerns regarding these Terms, please contact us at email@example.com.
By accessing or using the Port87 email service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.