These are the terms and conditions of use for www.mimecast.com (Site). The Site is operated by Mimecast Services Ltd. (we, us and our). We are a limited company, registered in England. Our registered company number is 04901524, and our registered office is at CityPoint, One Ropemaker Street, Moorgate, London, EC2Y 9AW, United Kingdom. Our VAT registration number is GB 123 4197 34.
Your use of the Site will be subject to these terms and by using the Site you agree to be bound by them.
We reserve the right to change these terms and conditions from time to time by changing them on the Site. These terms and conditions were last updated on 4 June 2010.
Access to the Site
It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.
We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.
We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.
What you are allowed to do
You may only use the Site for non-commercial use and only in accordance with these terms. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed before you access the relevant features, parts or content.
What you are not allowed to do
Except to the extent expressly set out in these terms and conditions, you are not allowed to:
• store pages of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Site;
• remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or
• create links to the Site from any other website unless: the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse any other organisation or website, or any products or services other than our own, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third part
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.
Intellectual property rights
All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
We may change the format and content of the Site from time to time. You agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk.
Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information. The Site may contain opinions or views that are not necessarily ours.
Information contained on the Site does not constitute an offer or agreement to enter into any transaction, nor does it constitute a proposal or recommendation to enter into any transaction.
We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.
We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
Your personal information
This website contains links to other websites. We have included links to these sites to provide you with access to information and services that you may find useful or interesting. We assume no responsibility for the content of such websites or for anything provided by them and do not guarantee that they will be continuously available. We shall not be responsible for any loss or damage to computer systems which may result from the information on this website or any other website linked to it. The fact that we include links to such external sites does not imply any endorsement of or association with their operators.
Nothing in these terms and conditions shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded. Subject to this, in no event shall we be liable to you for any business losses. Any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.
Subject to this, if you are a consumer and not a business user, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable, and if you are a business user, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses.
These terms and conditions shall be governed by English law, and you agree that any dispute between us regarding them or the Site will only be dealt with by the English courts, provided that, if you [are a consumer and not a business user and] live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
Please submit any questions you have about these terms and conditions or any problems concerning the Site by email to firstname.lastname@example.org, by telephone on +44 (0) 207 847 8700 between the hours of 9am to 5pm, Monday to Friday or write to us at:
Mimecast Services Ltd
CityPoint, One Ropemaker Street