Terms and conditions


Emailclick advises all users, whether registered or not, to carefully read the following terms and conditions before using services and products offered by Emailclick.
  1. Acceptance of the conditions and duration of service


    EmailClick is a portal whose Services ("Service") are offered to registered and unregistered users (herein known as "User") free of charge by BeWebCom Corporation ("BeWebCom") headquarters in 1515 North Federal Highway - Suite 300 Boca Raton - 33432 Florida (USA) on the basis of the following Terms of Use ("TOU"). The free service has an unlimited duration. Should an account be set up, the duration is always unlimited unless the electronic post service is unused for a period longer than 6 months or, more specifically, if a web login is not made at least once (1) in six months the account will be deleted and the name username@emailclick.com will made available for new users. Using services as an unregistered user and/or a user registered with EmailClick implicates accepting all Terms and Conditions in the present TOU and the Privacy Policy, which is considered an integral part of the present TOU.
  2. Service


    EmailClick offers two Services: electronic post ("webmail") with compulsory registration and creation of an account, and a search engine with Google technology, for which registration is not necessary. EmailClick and BeWebCom reserve the right to change the service and/or add other services and/or remove/suspend services. The Google search engine technology automatically produces results for research that are referenced to information distributed throughout the world and accessible through Internet. EmailClick and BeWebCom have no control over this information, and can therefore offer no guarantee for it, especially on its accuracy, content and quality. EmailClick and BeWebCom are not responsible if the results to a search lead to the consultation of information considered undesired or not relative to the search's aim. Since some of Internet's content may be considered targeted at an adult population or contain subjects considered offensive to several people, EmailClick and BeWebCom would like to warn Users that automatic and unintentional searches can lead to the creation or links or references relative to given information and will not be held responsible in any way.
  3. Initiation and suspension


    EmailClick provides services once the User accepts the present TOU and registers a Webmail account or uses the search engine. Should technical conditions and norms for providing the Service change, EmailClick will have the utmost power to suspend the Services provided at any time. The Service is free of charge, and therefore is not protected in any legal way: this means that it can be suspended at any time without EmailClick being held financially responsible for any damages. For this reason we would like to remind the User to create backup copies of important emails stored in his/her Webmail account.
  4. Safety


    Access to Webmail Services is permitted when the User provides an identification code (username) and a password. The username is public information and will be used as a means of identification in the email address (username@emailclick.com), whilst the password is a secret key without which it is impossible to access the Service. The User must choose a password that is not trivial and is not easy to guess. The password may be changed by the User at any time by using the links in the dedicated section of the Emailclick portal and, for safety reasons, we would suggest periodically changing the password and checking that it cannot be recuperated through questions/secret answers that may be known to third parties. Since the User Service is free of charge, EmailClick and/or BeWebCom will not assume responsibility for eventual negligence on behalf of the User.
  5. Rights and duties of the User


    The User should note that it is forbidden to use the Services, or allow others to do so, to carry out actions that cause damage or distress to other users and/or services operated in Internet and/or violate governing laws and regulations. In particular, but not exclusively, it is forbidden to use the Services, or allow others to do so for;
    • carrying out acts that go against moral or public order or with the aim of disturbing others, damaging anybody or violating or attempting to violate correspondence secrecy;
    • sending messages that are not requested or are undesirable ("spamming") or manage an account for, or together with, or reselling the service to people or companies present on the Spamhaus Register of Known Spam Operations (ROKSO) on http://www.spamhaus.org;
    • carrying out unauthorised attempts to access accounts or computers that are not your own;
    • obtaining or attempting to obtain services by using methods to avoid payments due;
    • intercepting, preventing or illicitly interrupting IT or telematic communications or revealing their contents;
    • violating, removing or suppressing IT or telematic communications between third parties;
    • communicating in an offensive, hurtful and libellous manner on the network;
    • transmitting, distributing and detaining any materials that violate the Law or regulations in force; this includes, without limitation, materials protected by copyright, registered brand, industrial secrets or other intellectual property, pornographic material or libellous materials as well as anything that constitutes illegal handling of personal data or violates the law on export controls;
    • violating the privacy of other Network Users;
    • using the Services interfering with the Emailclick network by other Users or authorised users;
    Therefore the User renders EmailClick and BeWebCom exempt, and indemnifies them from any loss, damage, responsibility, cost and fee, including legal fees, that derive for each violation of this prohibition. The User also accepts that, during Internet browsing, the uploading and/or downloading of programs, contents and information from the Network is carried out under his/her own responsibility. EmailClick also makes it possible to use a pseudonym for email addresses, as well as in public domains, as long as the actual identity of the user can be associated with the pseudonym so as to provide necessary information to Juridical Authorities following a formal request to investigate eventual crimes perpetrated using the IT instrument. The User expressly agrees and gives consent to EmailClick, in accordance with laws in force, to use automatic means of communication without operators (mail, sms, regular post, banner), within the limits set out in the consent of treatment of personal data for transmission of advertising messages. Should Emailclick become aware of one or more episodes of spamming or other forbidden behaviour originating form the User's mail box and/or telephone line under his/her name, EmailClick will be able to adopt any necessary technical measure to interrupt the User's access to the Service, or resolve it within the bounds of laws in force, without providing notice and without being held responsible for paying damages and in any case reserves the right to demand damages from those responsible for these violations.
    When declaring that he/she has the legitimate right to use the telephone line with which he/she will access the Internet network, even when the line is not in his/her name, the User exonerates Emailclick from any responsibility, and promises to indemnify Emailclick from any request for damages, should Emailclick, whilst exercising the faculties and rights above-mentioned, interrupt the access on behalf of third parties, other than the User him/herself, to the network using the telephone line from which one or more spamming episodes or other forbidden behaviour originated.
    Given that the Service is free of charge, the User understands and accepts that the although the Service is offered free of charge it does nevertheless incur costs that are entirely BeWebCom's responsibility, and when setting up a Webmail account on the Emailclick portal the User accepts that he/she will periodically receive advertising messages on behalf of selected partners.
  6. Limitations of responsibility


    EmailClick pledges to implement all that falls under its responsibility to guarantee the functionality and continuity of its Services. Nevertheless, the User accepts that during the duration of the service there may be interruptions to services due to ordinary and extraordinary maintenance to the systems, interruptions that will nevertheless be communicated beforehand to the User via email and/or on the portal, when possible and with the exception of force majeure. In addition, the User accepts that Services are provided by EmailClick in accordance with the availability and conditions of the traffic of the Internet network and/or telephone network, in all in lines used during the moment of access. The User therefore recognises that the continuity of Services and their quality do not only depend on EmailClick's systems, but also the above mentioned technical conditions. EmailClick will therefore not respond, neither to the User nor to persons directly or indirectly connected to the User, for any kind of damages, including eventual damages suffered by a User for loss of profit, use or loss of data or other intangible elements, following:
    • delays, malfunctions, suspension and/or interruption to provision of the Services;
    • goods, assets and services bought or obtained by the User from third parties through Services;
    • unauthorised access or modification of data and/or User transmissions;
    • Loss of data.
    The User also accepts that EmailClick can suspend the Service supply to guarantee ordinary and extraordinary maintenance work. EmailClick does not accept any responsibility for damage caused by the use of Services. In addition, EmailClick does not offer any guarantee for results expected, hoped for or obtained from the use of Services. Any form of implicit or explicit guarantee is nevertheless expressly excluded in so far as it is not in conflict with laws in force. The parties agree and reciprocally accept that in each and every controversial case no financial compensation can be asked for from EmailClick and/or BeWebCom. The present TOU has been drawn up in accordance with laws in Florida - United States of America. Whatever emergent dispute or in relation to the present Terms and Conditions of Use and/or the relationship of the User with EmailClick and/or the User's use of the Services Offered will be subject to a compulsory arbitration in accordance with the norms of the American Association of Arbitration. The arbitrating parties will equally divide the cost of arbitration and will not have the right to legal fees. Each arbitrating party will render themselves to the exclusive jurisdiction of Palm Beach County, Florida (USA). The arbitration must only take place in Palm Beach County, Florida (USA) in presence of a retired judge as well as being submitted to the laws of Florida. The User accepts the exclusive competence and the present TOU.
  7. Changes to terms of use


    Access to the electronic post service is permitted by means of an identification code, a username and a password. The User is aware of the fact that knowledge of both of these details by third parties would allow them to use the service under the User's name and give them access to their emails. Therefore, the User must store his/her password with the maximum discretion and diligence. He/she will be held responsible for any damages and prejudicial consequences caused to Emailclick or third parties caused by not observing the aforementioned.
    The User agrees to immediately inform EmailClick about the eventual theft, misplacement or loss of password. The User is required to change the password within the shortest time possible following misplacement or theft.
    The use of the EmailClick portal and/or its Services are governed by our Privacy Policy, which may occasionally change. Each change will be published on the website. Our Privacy Policy is considered an integral part of this TOU. When the User accesses the portal and/or registers, he/she gives permissions for his/her personal data to be handled in accordance with the Privacy Policy provided by EmailClick. If, for whatever reason, the User does not agree with one or more points in our Privacy Policy, we would recommend that he/she does not register with EmailClick.
  8. Privacy policy


    Access to the electronic post service is permitted by means of an identification code, a username and a password. The User is aware of the fact that knowledge of both of these details by third parties would allow them to use the service under the User's name and give them access to their emails. Therefore, the User must store his/her password with the maximum discretion and diligence. He/she will be held responsible for any damages and prejudicial consequences caused to Emailclick or third parties caused by not observing the aforementioned.
    The User agrees to immediately inform EmailClick about the eventual theft, misplacement or loss of password. The User is required to change the password within the shortest time possible following misplacement or theft.
  9. Reference


    Any area that has not been covered in this agreement will be covered by norms and laws in force.