Mail Monitor, Inc. is the proprietor of mailmonitor.com, upon which it runs a service called MailMonitor, an email deliverability software application.
The mailmonitor.com website (“Website”) is a hosted service operated by Mail Monitor, Inc. (“MailMonitor”). By accessing, using, or registering to use the Software, Services and/or Materials from this Site you agree to follow and be bound by these Terms. IF YOU DO NOT ACCEPT ALL OF THESE TERMS, DO NOT USE THIS SITE.
Description of Services
MailMonitor provides a software application with a suite of tools to support our user base. MailMonitor may also provide access to resources, materials and downloads, including business, educational and technical information (collectively, “Services”). The Services, including any updates and enhancements, are subject to these Terms and Conditions.
Use of Software
Any software or related materials made available to download from this Site or otherwise provided (“Software”) is the copyrighted work of MailMonitor and/or its licensors. You must be a registered MailMonitor subscriber in order to download and/or use the Software.
Your right to download and/or use the Software will be subject to the Mail Monitor Master Subscription Agreement, which you must first agree to by clicking on the “I AGREE” prompt or by placing an order prior to creating an account. Any use, reproduction, or redistribution of the Software not in accordance with the Subscription Agreement is prohibited.
1. Your MailMonitor Account and Use of Our Website
If you create an account on Mailmonitor.com, you are responsible for maintaining its security and all activities under the account. Misleading or unlawful use is prohibited. Notify MailMonitor immediately of any unauthorized uses or breaches.
MailMonitor may set storage limits or take measures to manage the Website. If limits are exceeded, MailMonitor may require you to reduce usage or pay a fee.
Privacy
Your use of www.mailmonitor.com is subject to MailMonitor’s Privacy Policy.
Electronic Communications
By visiting www.mailmonitor.com or sending emails to MailMonitor, you consent to receive electronic communications.
2. Responsibility of Users – Content and Posting
If you post or make material available (“Content”), you are entirely responsible for it. By posting, you warrant that:
-
Your Content does not infringe third-party rights.
-
You have permission or waiver from your employer if applicable.
-
You comply with all third-party licenses.
-
Your Content is free of viruses, malware, or harmful code.
-
Your Content is not spam, obscene, libelous, hateful, or unlawful.
MailMonitor may remove inappropriate Content and terminate accounts at its discretion.
Materials Provided to MailMonitor
By submitting content or feedback, you grant MailMonitor and affiliates rights to use it in connection with their business, including reproduction, distribution, and publication. No compensation will be paid.
3. Fees and Payment
By selecting a paid service you agree to pay annual subscription fees. Payments are charged on signup and cover one year. Service fees are non-refundable. Free trials will convert to paid subscriptions upon expiration.
4. Refund Policy
-
5-day free trial on new paying accounts (non-Enterprise).
-
If canceled within 5 days, you will not be charged.
-
If canceled after billing, recurring billing stops but charges for the current period remain.
-
For extenuating circumstances, contact [email protected].
Canceling: Cancel anytime from the Account tab in the MailMonitor App or via the Contact Us form.
5. Responsibility of Website Visitors
MailMonitor does not review all material posted to the Website and cannot be held responsible. Use caution to protect your systems.
The Website may contain offensive or inaccurate content. MailMonitor disclaims responsibility for harm caused by use.
Children Under Thirteen
MailMonitor does not knowingly collect data from children under 13. If under 18, use requires parental permission.
Links to Third Party Sites
The Website may contain links to third-party sites. MailMonitor is not responsible for their content.
International Users
The Service is controlled from the USA. If accessed outside the USA, you are responsible for compliance with local laws.
6. Marketing
MailMonitor may use the client’s name and logo for marketing purposes unless requested otherwise. Contact [email protected] to opt out.
7. Copyright Infringement
If you believe content on mailmonitor.com infringes your copyright, notify [email protected]. MailMonitor will respond appropriately, including removal of infringing content. Repeat offenders may have accounts terminated.
8. Trademarks
MailMonitor, MailMonitor Services, mailmonitor.com, and related logos are trademarks of MailMonitor or its licensors. Other marks belong to third parties. No rights are granted to use them.
9. Termination / Access Restriction
MailMonitor may terminate access at any time, without notice. This agreement is governed by the laws of New Hampshire.
10. Limitation of Warranties
All content and services are provided “as is.” MailMonitor, its suppliers, and licensors disclaim all warranties, express or implied. Download and use at your own risk.
11. Limitation of Liability
In no event shall MailMonitor, its suppliers or licensors be liable for direct, indirect, incidental, or consequential damages. Liability is capped at the amount paid by you in the 12 months prior to the claim.
12. User Representation and Warranty
You represent that your use of the Website complies with these Terms, the Privacy Policy, and all applicable laws and regulations.
13. Indemnification
You agree to indemnify and hold harmless MailMonitor and its affiliates against any claims or damages arising from your use of the Website, violations of Terms, or violations of third-party rights.
14. Miscellaneous
These Terms constitute the entire agreement between you and MailMonitor. Governed by U.S. law, State of New Hampshire.
Arbitration
Disputes shall be resolved by binding arbitration under the Federal Arbitration Act.
Class Action Waiver
Claims must be brought individually, not as part of a class or representative action.
15. Changes and Updates
The Website and Terms may be updated at any time without notice. The most current version supersedes all previous versions.
Effective date: September 10, 2021