By using this service, or any other of MailPlanet's products, software, services or web sites ("MailPlanet services"), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Program Policies and Legal Notices (collectively, the "Terms"). We may update the Terms in the future, and you will be able to find the most current version of this agreement at http://www.mailplanet.com/tos.html
MailPlanet.com, its subsidiaries and affiliated companies, ("MailPlanet") offer MailPlanet services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of MailPlanet services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify MailPlanet of any unauthorized use of your password or account or any other breach of security. MailPlanet cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
MailPlanet is the sole entity with authority to sell unregistered MailPlanet email names. MailPlanet™ email names are names that preface the domain in an email address and take the form of name@domain.com.
The registration and/or renewal of a MailPlanet™ name grants you a personal license to use the name for a period equal to the registration period.
Other then reserved Prime Names, we register MailPlanet™ names on a first come first serve basis. We do not guarantee the availability of any MailPlanet™ name you may wish to register or renew.
MailPlanet may, in our sole discretion, refuse to process your application for the registration or renewal of a particular MailPlanet™ name. Further, you understand and acknowledge that we may also delete the registration of any MailPlanet™ name, at any time for any reason.
It is your sole responsibility to ensure that all of your registered MailPlanet™ names are renewed prior to their expiration dates.
You agree that we are not liable for any claims of damage or loss arising from any failure to renew MailPlanet™ names.
You understand and acknowledge that the renewal of a MailPlanet™ name is subject to payment of applicable fees prior to the name's expiration date and that it is your responsibility to ensure that these fees are paid.
If you do not renew a MailPlanet™ name on or before its expiration date, the name will no longer forward to the previously assigned forwarding email address. The name will be held for twenty-five (25) days following the expiration date (“Expiration Period”) and you may renew the name at any time during this period by paying the applicable subscription fees and any past-due renewal fees. Once you have paid all the applicable fees, we will reinstate the name to resolve to the previously assigned forwarding address.
You acknowledge and agree that your right and interest in a MailPlanet™ name ceases at the end of the Expiration Period. At the end of this period, we may, in our sole discretion, release the name for registration or transfer it to a third party.
To avoid the unintentional expiration and loss of your MailPlanet™ name, PayPal™ subscriptions are utilized for all new products and services. You acknowledge, agree and authorize MailPlanet to automatically bill or charge to your PayPal™ account, renewal fees for successive terms of equal length for any and all services you have purchased from MailPlanet unless and until termination or cancellation by either party.
If you wish to cancel your PayPal subscription you may do so from your PayPal account under your profile for "My preapproved payments". When you cancel your PayPal™ subscription, your MailPlanet email will continue to work through the remainder of the term you paid for. It will simply prevent future payments.
All products or services renewed by PayPal™ will be renewed for a registration period equal to the original registration period for which it was registered. For example, if you register a MailPlanet™ name for a two year period, it will renew for another two year period. PayPal™ will continue to successively renew your names as long as you do not change your account setting to cancel the preapproved payment, and as long as you have a valid payment method in PayPal or an account balance.
If payment via PayPal™ fails due to the inability to secure payment, your domain(s), product(s) or service(s) may expire and you may lose your rights to use the domain(s) or any services for which you have registered.
Some MailPlanet services require payment of fees. All fees are stated in U.S. dollars. You shall pay all applicable fees, as described on the MailPlanet website in connection with such MailPlanet services selected by you, and any related taxes or additional charges. All fees are non-refundable unless expressly stated otherwise. You represent to MailPlanet that you are the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the MailPlanet services. All fee-based MailPlanet services and virtual goods are provided “AS IS” with no warranties of any kind. MailPlanet may modify and/or eliminate such fee-based MailPlanet services at its discretion.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. MailPlanet reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via MailPlanet services. You understand that by using MailPlanet services you may be exposed to Content that is offensive, indecent or objectionable, and that you use MailPlanet services at your own risk. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using MailPlanet services and for any consequences thereof. You agree to use MailPlanet services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts MailPlanet services or servers or networks connected to MailPlanet services. To report any activity or Content that may violate the Terms, please email: support@mailplanet.com.
In addition to this agreement, your use of some specific MailPlanet services is governed by the policies or guidelines specific to those services and which are specifically incorporated into this agreement.
You agree to comply with your company's data usage and privacy policies.
Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.
For information about our data protection practices, please see our Privacy Policy at http://www.mailplanet.com/privacy.html. By using MailPlanet services, you acknowledge and agree that MailPlanet may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of MailPlanet, its users or the public as required or permitted by law.
You understand that the technical processing and transmission of MailPlanet services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services.
MailPlanet's Rights
You acknowledge and agree that MailPlanet services and any necessary software used in connection with MailPlanet services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through MailPlanet services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MailPlanet or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, MailPlanet services or Software, in whole or in part except as specifically authorized in a separate written agreement.
Subject to the Terms, MailPlanet grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by MailPlanet in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to MailPlanet services. You agree not to access MailPlanet services by any means other than through the interface that is provided by MailPlanet for use in accessing MailPlanet services except as specifically authorized in a separate written agreement.
Except as expressly authorized by MailPlanet you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter MailPlanet's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the MailPlanet services or Software.
Your Rights
MailPlanet claims no ownership or control over any Content submitted, posted or displayed by you on or through MailPlanet services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through MailPlanet services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through MailPlanet services which are intended to be available to the members of the public, you grant MailPlanet a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Content on MailPlanet services for the purpose of displaying, distributing and promoting MailPlanet services. MailPlanet reserves the right to syndicate Content submitted, posted or displayed by you on or through MailPlanet services and use that Content in connection with any service offered by MailPlanet. MailPlanet furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
Your use of any Software provided by MailPlanet will be governed by the Terms and any additional terms and conditions of the end user license agreement accompanying such Software. MailPlanet Software may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop MailPlanet services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.
MailPlanet respects the intellectual property of others, and we ask our users to do the same. MailPlanet may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide MailPlanet's Copyright Agent the following information.
MailPlanet Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: support@mailplanet.comYou agree that MailPlanet has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by MailPlanet services. You acknowledge that MailPlanet may have set no fixed upper limit on the number of transmissions you may send or receive through MailPlanet services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.
Upon the termination of your use of MailPlanet services, including upon receipt of a certificate or other legal document confirming your death, MailPlanet will close your account and you will no longer be able to retrieve content contained in that account.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of MailPlanet services, use of MailPlanet services, or access to MailPlanet services except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement.
MailPlanet reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, MailPlanet services (or any part thereof) with or without notice. You agree that MailPlanet shall not be liable to you or to any third party for any modification, suspension or discontinuance of MailPlanet services.
You may discontinue your use of MailPlanet services at any time. You agree that MailPlanet may at any time and for any reason, including a period of account inactivity, terminate your access to MailPlanet services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to MailPlanet services, your account or any files or other content contained in your account. Sections 12 (Termination), 13 (Indemnity), 14 (Disclaimer of Warranties), 15 (Limitations of Liability), 16 (Exclusions and Limitations) and 19 (including choice of law, severability and statute of limitations), of the Terms, shall survive expiration or termination.
Some MailPlanet services are supported by advertising revenue and may display advertisements and promotions on the service. Such advertisements may be targeted to the content of information stored on the MailPlanet services, queries made through MailPlanet services or other information. The manner, mode and extent of advertising by MailPlanet on its services are subject to change. As consideration for your use of MailPlanet services, you agree that MailPlanet may place such advertising and that MailPlanet shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on MailPlanet services or your subsequent dealings with advertisers.
MailPlanet services may provide, or third parties may provide, links to other World Wide Web sites or resources. MailPlanet may have no control over such sites and resources and you acknowledge and agree that MailPlanet 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 MailPlanet 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.
You agree to hold harmless and indemnify MailPlanet, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "MailPlanet and Partners") from and against any third party claim arising from or in any way related to your use of MailPlanet services, violation of the Terms or any other actions connected with use of MailPlanet services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, MailPlanet will provide you with written notice of such claim, suit or action.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MailPlanet AND PARTNERS SHALL NOT BE LIABLE TO YOU 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 MailPlanet OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE MailPlanet SERVICES; (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 MailPlanet SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON MailPlanet SERVICES; OR (v) ANY OTHER MATTER RELATING TO MailPlanet SERVICES.
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
You agree that MailPlanet may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on MailPlanet's website.
Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to your form time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and MailPlanet and govern your use of MailPlanet services, superceding any prior agreements between you and MailPlanet for the use of MailPlanet services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other MailPlanet services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms and the relationship between you and MailPlanet shall be governed by the laws of the District of Columbia without regard to its conflict of law provisions. You and MailPlanet agree to submit to the personal and exclusive jurisdiction of the courts located within the District of ColumbiaMailPlanet.
Waiver and Severability of Terms. The failure of MailPlanet to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 Terms remain in full force and effect.
Statute of Limitations. 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 MailPlanet services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the Terms are for convenience only and have no legal or contractual effect.