Your use of the TrueSwitch Internet Service Provider (ISP) and email account switching services (the "Services") provided by Esaya, Inc. ("Esaya") and the website located at www.trueswitch.com/welcomeinsight operated by Esaya, on behalf of Time Warner Cable Inc. ("TWC," together with Esaya, "We") is governed by the terms of the Time Warner Cable Residential Services Subscriber Agreement (which is available at http://help.twcable.com/html/policies.html) and the terms and conditions contained in this document ("Terms of Service").
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS USE OF THE WEBSITE OR SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT USE THE WEBSITE OR SERVICES.
We may revise the Terms of Service from time to time, at our sole discretion and without notice to you, by updating the posting of the Terms of Service on the Website. Unless otherwise provided below, the revised terms will take effect when they are posted.
The Services provide you assistance with switching Internet Service Providers (ISPs) or email accounts.
The major functional components of the Services include:
- Copying your personal data (e.g. copying address book, stored emails etc.) from your old email account to your new TWC email account. Your junk, draft, and deleted items folders and calendar will not be copied to your new TWC email account.
- Forwarding emails from your old email account to your new TWC email account for so long as your old email account exists
2. User Obligations
The Website and Services are being offered to you for your personal non-commercial use. Any other use which is unlawful or in violation of this Agreement's terms and conditions is prohibited. You agree not to do any of the following while using the Website or Services
Violate any applicable law or regulation
Access, tamper with or use non-public areas of the Website, TWC’s or Esaya's computer systems, or the technical delivery systems of our licensors.
Frame or link to the website except as permitted in writing by TWC.
Impersonate or misrepresent your affiliation with any person or entity.
Either you, TWC, or Esaya may terminate the Services at any time, for cause or no cause, with or without written notice. Your only right with respect to any dissatisfaction with the Terms of Service, the Website, or Services is to terminate your use of the Services. We reserve the right to set limits on the Services which may include limits on the frequency of email retrieving and re-routing, the number of messages, message size and length of service term at any time and at our sole discretion.
YOUR NEW TWC EMAIL ACCOUNT IS LIMITED IN SIZE. IF YOUR OLD EMAIL ACCOUNT IS LARGER THAN THE STORAGE CAPACITY PERMITTED IN YOUR NEW TWC EMAIL ACCOUNT, SOME OF YOUR MESSAGES WILL NOT BE COPIED TO YOUR TWC EMAIL ACCOUNT.
3. Protection of Content Provided by TWC and Esaya
The Website contains trademarks and other material furnished by TWC and Esaya. You should assume that everything you see or read on the Website or through the Services, or via emails which was not furnished by or received for you ("Site Content") is copyrighted unless otherwise noted. All Site Content is provided to you by Esaya and TWC for the sole purpose of using the Services.
You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Esaya, TWC, or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the Website and the Services.
4. Limitation of Liability
NEITHER ESAYA, TWC, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES SHALL BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, LOSS OF PROFITS, LOSS OR INACCURACY OF DATA, OR INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, WEBSITE, OR SITE CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE WEBSITE), OR (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY ISP IN CONNECTION WITH THE SERVICES.
5. Disclaimer Of Warranty
THE INFORMATION, PROGRAMS, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE SERVICES AND THE SITE CONTENT, ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ESAYA AND TWC, DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES; ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES; ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ESAYA, TWC, OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold harmless Esaya, TWC, and their respective officers, directors, employees, consultants, agents, from and against any claims, actions, liability, damages and/or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the Services; your connection to the Services; your violation of the rights of others, these Terms of Service or any intellectual property or other right of any person or entity; and any intellectual property infringement by any other user of your email account. These Terms of Service will inure to the benefit of Esaya's and TWC’s successors, assigns and licensors.
All trademarks appearing on the Website and through use of the Services are the property of their respective owners, including, in some instances, Esaya and TWC.
If any part of these Terms of Service is held to be invalid or unenforceable under any applicable statute or rule of law, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
9. No Assignment
These Terms of Service are personal to you and you may not transfer, assign or delegate these rights granted and obligations undertaken hereunder to anyone without the express written permission of Esaya and TWC. Any attempt by you to assign, transfer or delegate these Terms of Service without the express written permission of Esaya and TWC shall be null and void. Esaya and TWC may transfer, assign or delegate their rights and obligations at their sole discretion and without notice.
Any waiver of any provisions of these Terms of Service, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. Any waiver of any provisions of these Terms of Service will be effective only if in writing signed by an authorized officer of Esaya and TWC.
11. Headings of No Effect
The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.
We will give you any necessary notices by posting them on the Website. You authorize us to send notices via electronic mail as well if We decide, in our sole discretion, to do so. You agree to check the Website for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Website.
The law of New York, U.S.A., without regard to its conflicts of law provisions, will govern these Terms of Service.