Emailias Terms of Use

Welcome to our Emailias.com website. By using this website, you are agreeing to comply with and be bound by the following Terms of Use (the "Terms"). Please review the following Terms carefully. If you do not fully agree to these Terms, please do not use this website. We reserve the right, at our sole discretion, to update or revise these Terms from time to time. If we decide to change these Terms, we will post those changes on this website so our customers are aware of the changes. Please check this website and these Terms periodically for changes. Your continued use of this website following the posting of any changes to these Terms constitutes acceptance of those changes.

Your Acceptance of these Terms

You agree to the terms and conditions outlined in these Terms with respect to this website. These Terms constitute the entire and only agreement between us and you and supersede all prior agreements, representations, warranties and understandings with respect to this website, the content of this website and the subject matter of these Terms.

Editing, Deleting and Modifying this Website by Us

We reserve the right, in our sole discretion, to edit or delete any portion of or content of any part of this website from time to time.

Payments by You

You will be solely responsible for any fees and costs incurred by you in connection with your use of our Emailias service. Our Service Selection and Pricing Policy, as it may be changed from time to time by us in our sole discretion, is an integral part of these Terms and is incorporated into these Terms by reference. You acknowledge that (a) you understand the extent and frequency of the charges you will incur in connection with our Emailias service and have read and fully understand our Service Selection and Pricing Policy, (b) any credit card information you supply is true and complete, (c) charges incurred by you will be honored by you and your credit card company, and (d) you will pay the charges incurred by you at the posted prices.

Your Limited Right to Use this Website

The viewing, printing or downloading of any content, graphic, form or document from this website shall be only for your own personal use and not for copying, distributing, publishing, transmitting, selling, renting, licensing, assigning or using for any other purpose. You may not reproduce in any form or incorporate into any information retrieval system, electronic or mechanical, any portion of or content of any part of this website other than for your own personal use.

As a condition to your use of our Emailias service, you agree that you will not use our Emailias service or this website for any purpose that is unlawful or prohibited by these Terms. You specifically agree that you will not use our Emailias service or this website to send "spam," including, without limitation, any junk email, unsolicited commercial email or chain letters, or use email lists that contain any person who has not specifically agreed to be included on that list. We have a "zero-tolerance" Spam Policy which is an integral part of these Terms and is incorporated into these Terms by reference.

Additionally, you agree to be bound by all applicable local, state, national and international laws and regulations and by all applicable Internet regulations, policies and procedures. You agree that you will not interfere with another Emailias customer's use and enjoyment of Emailias and that you will not create a false identity for the purpose of misleading others as to the identity of the sender or the origin of an email message.

Ownership of Intellectual Property

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this website are protected under applicable copyrights, trademarks and other proprietary and intellectual property rights. The copying, distribution, publication, transmittal, sale, rental, licensing, assignment or other use by you of any such matters or any part of this website, except as specifically allowed in these Terms, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed by you through this website. The posting of information or materials on this website does not constitute a waiver by us of any right in such information and materials.

Trademarks

Emailias, the Emailias logo and others are trademarks of Emailias, L.L.C. Other product and company names mentioned on this website from time to time may be trademarks of their respective owners. We reserve the right to revoke or require you to change an emailias if, in our sole discretion, the emailias chosen by you violates the intellectual property rights of us or others.

Copyrights and Copyright Agent

If you believe that your work is the subject of copyright infringement by us, you may notify us of the alleged infringement. Pursuant to federal law (17 U.S.C. § 512(c)), we have implemented procedures for receiving written notification of claimed infringements and for processing such claims. Click here for detailed instructions.

Additionally, pursuant to federal law (17 U.S.C. §512, as amended by Title II of the Digital Millennium Copyright Act), we will terminate the account of any customer who uses his or her account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. Such termination will be either pursuant to court order or an admission by you that your account has been used in connection with unlawful infringement. Alternatively, we may, in our sole discretion, terminate your account privileges prior to that time if we have a good faith belief that infringement has occurred.

Third-Party Services

We may allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants and are not responsible for information provided by you to Merchants. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

Links to Other Websites

This website contains links to other sites. We are not responsible for the practices of such other sites or the content, accuracy or opinions express in such other websites. Such other websites are not investigated, monitored or checked for accuracy or completeness by us. These sites may contain information or material that some people may find inappropriate or offensive. Inclusion of any linked website on our website does not imply approval or endorsement of the linked website by us. If you decide to leave our website and access these third-party sites, you do so at your own risk.

Privacy

We reserve the right, and you authorize us, to the use all information regarding your use of this website by you (including any personal information provided by you to us) in any manner consistent with our Privacy Policy. Our Privacy Policy, as it may change from time to time, is an integral part of these Terms and is incorporated into these Terms by reference.

No transmission of data over the Internet can be guaranteed to be 100% secure. As a result, we cannot completely guarantee the security of any information provided by you to us or any emails routed to or from you through this website. Therefore, although we do follow industry standard practices to protect your privacy, we cannot and do not guarantee that your personally identifiable information or emails will remain completely private and we disclaim any liability or obligation to you or any third-parties with respect thereto. If you have any questions about the security at our website, you can send an email to us at support@emailias.com.

Disclaimer of and Limits on Liability

THE INFORMATION AVAILABLE FROM OR IN THIS WEBSITE IS PROVIDED "AS-IS" AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES PROVIDED THROUGHOUT THIS WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS WEBSITE AND THE EMAILIAS SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES contained OR RELATED TO THIS WEBSITE IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, DUE TO "SYSTEM OUTAGES." OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE SERVICE FEES PAID BY YOU TO US.

Use of your Emailias Account

In order to open an account on this website, you must complete the registration process by providing us with your email address and selecting a user name and password. You are solely responsible for the security and confidentiality of your user name and password. We will not be liable to you for damages that you suffer as a result of an unauthorized person using your user name and password, with or without notice to you. If you lose your password or disclose your password to any third-parties, the integrity of your Emailias account may be severely compromised. If you lose your password, this website contains a "Password Assistant" feature which we strongly encourage you to use. Other than assisting you by providing you with the Password Assistant, we will not be able to provide your password to you. If your password has been disclosed, you should immediately change your password by accessing the "My Account" page on this website.

We reserve the right to revoke or require you to change an emailias, in our sole discretion, including, without limitation, if the emailias chosen by you is inappropriate or offensive or violates the intellectual property rights of us or others.

Transmission and Receipt of Content

Staff members at Emailias do not read emails routed through this website. We do not exercise any control and bear no responsibility over the content of emails passing through this website.

Upon a request by us, you agree to defend, indemnify, and hold harmless Emailias, L.L.C. and its affiliates, and their respective directors, officers, manager, employees, agents, contractors, successors, assigns and heirs from any and all liabilities, losses claims and expenses, including, without limitation, reasonable attorneys' fees, that arise from or are related to your misuse of this website or your violation of these Terms. We reserve the right to assume the exclusive defense and control (including, without limitation, settlement) of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Your right to use this website is not transferable. Any password or right given to you to obtain information or access your account (including, without limitation, to send) is not transferable.

Tampering with the Emailias Services

If you tamper with our Emailias service in any unauthorized manner or attempt to circumvent Emailias's billing of you in any way, you are in violation of these Terms and we may suspend or terminate your use of our services without notice. Of course, you will still be subject to any and all civil or criminal liabilities that may result from such actions. If your Emailias service is terminated for any reason you will be unable to access your Emailias account.

Termination and Cancellation

We may terminate or cancel your Emailias account at any time, without notice, for any reason. If we cancel your Emailias account for good cause, you will not be entitled to a refund of any prepaid amounts. If we cancel your Emailias account without good cause, your sole remedy will be that you will be entitled to a refund of prepaid amounts. Cancellation is your sole remedy with respect to any dispute with us. In order to cancel your account, you should follow the instructions on the "Resign" page (reached from the "My Account" page).

International Use

We make no representation that materials on this website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

Information and Press Releases

This website may contain information and press releases about us from time to time. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in press release or otherwise should not be relied upon as being provided or endorsed by us.

Miscellaneous

These Terms shall be treated as though they were executed and performed in the State of New Jersey and shall be governed by and construed in accordance with the laws of the State of New Jersey (without regard to conflict of law principles). Any cause of action by you with respect to this website (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms. The language in these Terms shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with these Terms shall be brought solely in the State courts located in the State of New Jersey. You expressly submit to the exclusive jurisdiction of such courts and consent to extra-territorial service of process. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based up or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained imprinted form. To the extent that anything in or associated with this website is in conflict or inconsistent with these Terms, these Terms shall take precedence. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Contacting an Emailias Staff Member

You may contact an Emailias Staff Member by emailing us at support@emailias.com.