terms and conditions

These Terms and Conditions apply to the services offered by Message Care Pty Ltd (ABN 32 103 245 290) ("messagecare").

Please read these Terms and Conditions carefully. Usage of the SpamTrap service is conditional upon you agreeing to be bound by these Terms and Conditions.

In changing your incoming (POP3) mail server settings you agree to be bound by these Terms and Conditions.

If you do not agree to be bound by these Terms and Conditions, please change your incoming (POP3) mail server settings to their original configuration immediately.

our services

messagecare's SpamTrap system will scan all incoming emails to your designated POP3 mailbox and automatically trap all messages identified as probable bulk, unsolicited email (“spam”) by our system.

messagecare understands the importance of protecting and maintaining the integrity of your email and it is our business and commitment to reduce, and in many cases eliminate, spam from your POP3 email account. However, messagecare does not represent or warrant that the SpamTrap service will trap all or any certain proportion of the spam that is sent to your email account.

our access to your POP3 account

By using the SpamTrap service, you authorise us to:

• communicate with your ISP to access your POP3 mailbox;
  
  
• process your email using the SpamTrap system which involves comparing the content of the email electronically against a template of spam messages;
  
  
• trap emails identified by our systems as probably spam;
  
  
• access your email and information to the extent necessary to ensure the proper functioning of our system and in the delivery of technical support and maintenance to our systems; and as required by law.

We will not access or use your email or your POP3 account for any other purpose.

security

In providing you with the SpamTrap service, we retain your POP3 user identification and your POP setting. However, when you log in to your POP3 account and when you log in to view your email retained in our trap file, your password is routed through our server to your ISP's server. Our system and our staff will not access, cache or retain details of your password.

report and review of deleted messages

We will also keep your email address to allow us to send you reports on your use of SpamTrap, and advise you of any changes to the service.

We agree to hold the trapped messages in a trap file accessible by you online for 30 days during which time you may view the messages to ensure that there are no messages which you would like to retain. You may forward any message to yourself from the trap file during the 30 days. You acknowledge that we do not check trapped messages and after 30 days, messages in the trap file are automatically deleted, whether reviewed by you or not. You agree that if a message that is not spam is filtered from your mailbox, your only remedy is to view the message within the 30 days during which it is held in the trap file.

what SpamTrap does not do

SpamTrap does not provide anti-virus software, protection from a denial of service attack or protection from other malicious code or conduct.

conditions of use

You will not:

• re-sell services from this site unless specifically authorised by messagecare.
  
  
• use or access the service or messagecare website for any unlawful purpose or with intent to cause damage or other malicious purpose.
  
  
• facilitate or log in to the SpamTrap system if you know or suspect that the email in your POP3 mailbox may contain a hostile code or virus or may be the subject of a denial of service attack.
  
  
• violate or attempt to violate the security of the SpamTrap service or messagecare's website.
  
  
• allow others access to the service on your behalf

termination

You may terminate the SpamTrap system at any time by sending an email to cancel@spamtrap.net.au. It will be necessary for you to remove the "spamtrap.net.au" from the end of your incoming (POP3) mail server setting.

We reserve the right to terminate or modify your SpamTrap service at any time:

• for technical maintenance or support;
  
  
• if your POP3 email account becomes the subject of a denial of service attack; or
  
  
• if your POP3 account is otherwise the source of emails which may in any way damage or overload our system.

messagecare will not be held liable for any decision to suspend, modify or discontinue the Spamtrap service.

messagecare shall not be under any obligation to refund any fee, or unused part thereof, if the SpamTrap service is suspended, modified or terminated, regardless of the reason.

payment terms

As an introductory offer, we are offering 30 days use of the SpamTrap service at no cost. If you decide to continue after this time, you will be sent an email requesting payment of our annual fee of A$33 (GST incl.), through our website. This is a non-refundable fee. You will be responsible for all taxes payable as a consequence of any service or goods that we supply in connection with these Terms and Conditions.

credit card payments

messagecare uses third parties to securely manage the transmission and processing of credit card payments across the Internet. You should be aware that there are inherent risks associated with transmitting such information across the Internet. We cannot guarantee and accept no liability for the privacy of your personal details and credit card information.

exclusions

Except for any implied condition, warranty or representation, the exclusion of which would contravene any statute or cause this clause to be void ("non-excludable condition") and as otherwise expressly stated in these Terms and Conditions, messagecare shall not be liable for and makes no warranties or representations in relation to:

• the deletion of non-spam or important messages from your mailbox
  
  
• any offensive content which is not filtered from your mailbox by the SpamTrap system
  
  
• the continued availability of the SpamTrap system,
  
  
• the accuracy, reliability, completeness or timeliness of the SpamTrap system,
  
  
• the continuance, reliability, timeliness, error rate, or results that can be gained from use of the services.
  
  
• any damage suffered as the result of a message which contains a virus being sent to your email account;
  
  
• any technical delays which are outside our control; and

hereby excludes all warranties, conditions and terms implied by statute, general law, international convention or custom, including without limitation any and all implied warranties with respect to merchantability, fitness for purpose, title and non-infringement.

limitation of liability

Except as provided by law, messagecare will not be liable for any loss or damage suffered as a result of the use of the SpamTrap system or for any loss as a result of messages being deleted from your email account, including without limitation as a result of your failure to check the trap file of messages trapped from your email account.

To the extent permitted by law:

(a) messagecare’s liability for breach of any non-excludable condition will be limited at our option to the supply of the services again or payment of the cost of supplying the services again;

(b) otherwise messagecare’s liability to you for any loss or damage at law, shall not exceed the total amount we actually received from you for the service which gave rise to the loss or damage;

(c) messagecare will not be liable in any event for any consequential, indirect, incidental, special, punitive or exemplary damages, including without limitation any loss of profits or loss or corruption of data, damage to a computer system, loss of anticipated savings, loss of goodwill or economic loss, even if we have been advised of the possibility of such loss or damage.

You agree that our liability to each other at law will be reduced by the extent, if any, to which the other party contributed to the loss.

accuracy of information you submit

You agree that the information which you provide to messagecare is accurate and is not misleading. You indemnify us for any loss, including costs and expenses, to messagecare arising from false or misleading information which you have provided to us.

linked sites

Our website contains links to other sites for your convenience. These links are not a guarantee or endorsement of those sites or services. messagecare is not responsible for the conduct or content of any of these other sites. Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of those websites.

terms and Conditions subject to change

messagecare may amend the Terms and Conditions at any time to reflect our current range of services and policies. The Terms and Conditions will be amended by posting an updated version on the website. If you are using our services we encourage you to review the policies governing the use of the service on a regular basis. If you object to any changes you may discontinue your use of the services. The amended Terms and Conditions will apply between us whether or not we have given you specific notice of any change.

governing law

The Terms and Conditions for use of this website are governed by and construed in accordance with the laws of New South Wales, Australia. In the event that any of the Terms and Conditions is found to be unenforceable under New South Wales law, this will not affect the remainder of the Terms and Conditions.

events outside of our control

messagecare will not be in breach of obligations under these Terms and Conditions to the extent that any failure or delay in performing its obligations occurs because of an event or circumstance which is outside messagecare's reasonable control including without limitation, any act of God, war and other hostilities, fire, flood, strikes, lock-outs, delays in transport, breakdowns in machinery, or restrictions or prohibitions or any other acts by any government or semi-government authority.

privacy policy

The privacy policy forms part of these Terms and Conditions, and by agreeing to the Terms and Conditions you also agree to the Privacy Policy.