Terms and Conditions
MailMonitor Website Terms of Service
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 (as defined herein), Services (as defined herein) and/or Materials (as defined herein) 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 you with access to a variety of resources, materials and downloads, including business, educational and technical news and information (collectively, “Services”). The Services, including any updates and enhancements, are subject to the Terms and Conditions.
Use of Software
Any software or related materials that are made available to download from this Site or otherwise provided to you (“Software”) is the copyrighted work of MailMonitor and/or its licensors (if any). You must be a registered MailMonitor subscriber in order to download and/or use the Software.
Furthermore, your right to download and/or use the Software will be subject to the terms and conditions of the applicable end user subscription agreement (“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 such MailMonitor Master 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 the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and MailMonitor may change or remove any description that it considers inappropriate or unlawful, or otherwise likely to cause MailMonitor liability. You must immediately notify MailMonitor of any unauthorized uses of your outline, your account or any other breaches of security. MailMonitor will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
MailMonitor may from time to time set storage limits for your results, or take any other measures MailMonitor considers appropriate to manage the Website. MailMonitor will advise you of any such change and may do so in any reasonable manner, such as posting a change on the screen you see when you log in to your mailmonitor.com account or via the “mailmonitor.com blog” accessible at mailmonitor.com/blog. If you exceed the storage limits, MailMonitor may require you to reduce the storage you are using or pay an appropriate fee.
Visiting www.mailmonitor.com or sending emails to MailMonitor constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
2. Responsibility of Users - Content and Posting.
If you operate an account, contribute to an account, post material to the Website, post links on the Website, or otherwise make material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses, and effects of the materials, whether requested to do so by MailMonitor or otherwise.
If you delete Content, MailMonitor will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, MailMonitor has the right (though not the obligation) to, in MailMonitor’s sole discretion (i) refuse or remove any content that, in MailMonitor’s reasonable opinion, violates any MailMonitor policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in MailMonitor’s sole discretion. MailMonitor will have no obligation to provide any refund of any amounts previously paid.
Materials Provided to MailMonitor or Posted on Any MailMonitor Web Page
MailMonitor does not claim ownership of the materials you provide to www.mailmonitor.com (including feedback and suggestions) or post, upload, input or submit to any MailMonitor Site or our associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing or submitting your Submission you are granting MailMonitor, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
MailMonitor is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in MailMonitor’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
3. Fees and Payment.
By selecting a paid service you agree to pay Mail Monitor the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a service and will cover the use of that service for a monthly or annual period as indicated. Service fees are not refundable. Should you subscribe to a FREE TRIAL period, payment will be charged on the day your free trial expires.
4. Refund Policy.
1- days free on a new account
Mail Monitor offers a free 14-day trial on new paying accounts for non-Enterprise service levels.
If you cancel your paid account within 14-days of original signup, then you won’t be charged. All remaining, unused time will be forfeited as well.
If you cancel after being billed, your recurring billing will be turned off and you won’t be charged again, but you are responsible for whatever charges have already been incurred for the current billing period. For example, if your billing cycle is on the 10th of every month, and you cancel on the 16th, you’ll still have to pay for the current month, but you won’t be charged again after that.
If you need a refund due to extenuating circumstances, contact us at firstname.lastname@example.org to discuss further.
How do I cancel my account?
You can cancel your account at any time from the Account tab after signing in to the MailMonitor App or by sending us a request via our Contact Us form found in the site footer.
5. Responsibility of Website Visitors.
MailMonitor has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot, therefore, be responsible for that material’s content, use or effects. By operating the Website, MailMonitor does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. MailMonitor disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Children Under Thirteen
MailMonitor does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.mailmonitor.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
The MailMonitor Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of MMG and MailMonitor is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MailMonitor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MailMonitor of the site or any association with its operators.
Certain services made available via the MailMonitor App are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.mailmonitor.com domain, you hereby acknowledge and consent that MailMonitor may share such information and data with any third party with whom MailMonitor has a contractual relationship to provide the requested product, service or functionality on behalf of MailMonitor users and customers.
The Service is controlled, operated and administered by MailMonitor from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the MailMontiro Content accessed through www.mailmonitor.com or the MailMonitor App in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Should you wish for your company’s information, your name or logo not to be used, please contact our Marketing Team at email@example.com.
7. Copyright Infringement.
As MailMonitor requires others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by mailmonitor.com violates your copyright, you are encouraged to notify MailMonitor at firstname.lastname@example.org. MailMonitor will, as it is able, respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of MailMonitor or others, MailMonitor may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, MailMonitor will have no obligation to provide a refund of any amounts previously paid to MailMonitor to any person in respect of any such termination.
MailMonitor, MailMonitor Services, ailmonitorapp.com, the mailmonitor.com logo, and all other trademarks, service marks, graphics and logos used in connection with mailmonitor.com, or the Website are trademarks or registered trademarks of MailMonitor or MailMonitor’s licensors.
Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MailMonitor or third-party trademarks.
9. Terminations/Access Restriction.
MailMonitor reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Hampshire and you hereby consent to the exclusive jurisdiction and venue of courts in New Hampshire in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all
provisions of these Terms and Conditions, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MailMonitor as a result of this agreement or use of the Site. MailMonitor’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MailMonitor’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MailMonitor with
respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MailMonitor with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MailMonitor with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
10. Limitation of Warranties of MailMonitor, its Suppliers and its Licensors.
Except as otherwise expressly stated, all content posted to or available from the Website is provided “as is”, and Mail Monitor, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that MailMonitor, its suppliers, and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services.
If you’re actually reading this, here’s a treat. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
11. Limitation of Liability of MailMonitor, its Suppliers and its Licensors.
Except as otherwise expressly stated, in no event will MailMonitor, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if MailMonitor, its suppliers or its licensors were expressly advised of the possibility of such damages.
In the event fees are paid for the use of the MailMonitor site pursuant to Section 3 in our Terms and Conditions, in no event will the aggregate liability for any and all of your claims against MailMonitor, its suppliers and its licensors arising out of or related to use of the Website, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to MailMonitor during the 12-month period prior to the date a claim is made.
Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. The parties agree that this Section 11 of our Terms and Conditions represents a reasonable allocation of risk.
12. User General Representation and Warranty.
The Service is controlled, operated and administered by MailMonitor from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the MailMonitor Content accessed through www.mailmonitor.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless MailMonitor, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of these Terms and Conditions or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
MailMonitor reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MailMonitor in asserting any available defenses.
These Terms and Conditions constitute the entire agreement between MailMonitor and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MailMonitor, or by the posting by MailMonitor of a revised version on the MailMonitor Website. Except to the extent of applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the United States and the governing state of company occupancy, New Hampshire.
If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may only assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by, the terms hereof in writing. MailMonitor may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.
The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
Further, unless both you and MailMonitor agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
15. Changes and Updates.
The Website, including without limitation all content there available and these Terms and Conditions, may be changed at the sole discretion of MailMonitor and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.
The most current version of the Terms and Conditions will supersede all previous versions. MailMonitor encourages you to periodically review the Terms and Conditions to stay informed of our updates. Should you have questions, you may contact MailMonitor directly at email@example.com.
Effective date June 1, 2018