Heluna Terms of Service

Effective 1/1/2005

1. Acceptance of Terms

Heluna provides the following service to you, subject to these Terms of Service ("TOS"), which may be updated from time to time without notice to you. By subscribing to Heluna, you are agreeing to be bound by and comply with the TOS. You may review the current TOS at https://heluna.com/terms-of-service.

2. Description of Service

Heluna is an e-mail-based service that allows its clients to selectively block or allow e-mail messages based upon the properties of that message. Such properties include the sender of the message, the content of the message, and how many times the message has been sent to other parties. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Heluna assumes no responsibility for the timeliness, deletion, mis-delivery or failure to correctly block or send e-mail messages to you.

3. Heluna Privacy Policy

Account registration data, and all e-mail messages that are blocked or sent by the Heluna service are subject to our Privacy Policy. For more information, please see our full privacy policy at https://heluna.com/privacy-and-security.

4. User Conduct

You understand that all information, data, text, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that the sender, and not Heluna, is entirely responsible for all Content that is sent to you through the Service. Heluna does not control the Content sent through the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Heluna will not be liable in any way for any Content, including any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content sent through the Service.

You agree to NOT use the Service to:

  1. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a representative of Heluna, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Service;
  5. transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. transmit any Content that infringes any patent, trademark, trade secret, copyright or any other proprietary rights of any party;
  7. transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
  8. transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  10. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange or the NASDAQ, and any regulations having the force of law;
  11. "stalk" or otherwise harass another person or company;

5. Indemnity

You agree to indemnify and hold Heluna, and its agents, or other partners, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you transmit through the service, or Content that is transmitted to you through the Service, or Content that is blocked by the Service, or your violation of the TOS, or your violation of any rights of another.

6. Modifications to Service

Heluna reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Heluna shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

7. Termination

You agree that Heluna, in its sole discretion, may terminate your use of the Service for any reason, if Heluna believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Heluna may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Heluna may bar any further access to the Service. Further, you agree that Heluna shall not be liable to you or any third-party for any termination of your access to the Service.

8. Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Heluna has no control over such sites and resources, you acknowledge and agree that Heluna is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Heluna shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

9. Heluna Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. All Heluna code and specifications, and all other code and specifications for the Software and the operation of the Service are subject to their express or implied licenses.

10. Trademarks

The Heluna name, and Heluna logo are common law marks of Heluna in the United States. Without Heluna's prior permission, you agree to not display or use in any manner, any Heluna Mark.

11. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HELUNA 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. HELUNA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HELUNA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

12. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HELUNA 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 HELUNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

13. General Information

The TOS constitutes the entire agreement between you and Heluna and governs your use of the Service, superseding any prior agreements between you and Heluna (including, but not limited to, any prior versions of the TOS) and any prior representations by Heluna. The laws of the State of California, U.S.A, shall govern the TOS and the relationship between you and Heluna without regard to its conflict of law provisions. You and Heluna agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California, U.S.A. The failure of Heluna to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS 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 the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.