PLEASE READ THIS ANYEMAILS TERMS OF SERVICE AGREEMENT CAREFULLY. USE OF THIS SITE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS.
THE SERVICE
- (a) Description. The Services include the blocking of emails from persons sending email to you ("Senders") prior to verification by Anyemails and all related services connected therewith (the "Services"). Anyemails will send one or more emails to Senders using your email address to verify and, if necessary, to re-verify Senders. Anyemails will send one or more emails to Senders using your email address to verify and, if necessary, to re-verify Senders. Anyemails will use commercially reasonable efforts to block emails sent to you by unverified Senders during the Term (as defined below); provided, however, that Anyemails shall not provision Services to you if you elect not to pay the one-time setup fee of $9.99. Anyemails reserves the right, without liability to you or any other third party, to modify or discontinue, temporarily or permanently, in whole or in part, the Services without notice. In order to facilitate Anyemails's provisioning of the Services to you, YOU HEREBY GRANT Anyemails A NON-EXCLUSIVE LICENSE TO ACCESS THE EMAIL SERVER YOU DESIGNATE IN YOUR REGISTRATION DATA (DEFINED BELOW) AND COPY ANY EMAILS WITHIN SUCH SERVER AND TRANSFER THEM TO Anyemails SERVERS.
- (b)Anyemails will provide the Services to you once the one-time setup fee of $9.99 have been processed.
- (d) Agreement Term. The term of this Agreement (the "Term") will begin on the date you click on the "I Accept/ I Agree" button during the registration process. Notwithstanding the foregoing, Subsection (c) of this Agreement will only apply beginning on the date on which you elect to receive the Services for the Fee. In order for your termination to be effective, you must provide notice by submitting the Cancellation Request Form as this is the only method permitted to cancel the service for security purposes.
YOUR REGISTRATION AND ACCOUNT
- (a) Registration Obligations. In consideration for access to the Services, and to establish a Services account, you must provide Anyemails with certain information ("Registration Data") requested on the registration form; inquiries marked "required" must be answered, and any other request for information may be left blank. You agree that the Registration Data you provide: (1) is true, accurate, current and complete, and (2) will be maintained and updated by you to keep it true, accurate, current and complete. Anyemails reserves the right to terminate your use of the Services and refuse to provide you with any and all current or future use of the Services if Anyemails, in its sole discretion, determines that any of your Registration Data is untrue, inaccurate, not current or incomplete.
- (b) Registry Information Download. As part of the registration process and once you have completed the information specified in (a) above, Anyemails's software automatically collects certain information from your computer (including your Internet address, browser type, operating software, computer language and email type and other computer registry information). You will allow the Anyemails software to obtain this information and not to manipulate or falsify such information.
- (c) Account Security. You will select a user name and password and will receive an account number upon completing the registration process. You are responsible for maintaining the confidentiality of your user name and password and account number and are fully responsible for all activities, charges and/or liabilities that occur under your user name and password or account number whether or not authorized by you. You will immediately notify Anyemails of any unauthorized use of your user name and password or account or any other breach of security. Anyemails cannot, and will not, be liable for any loss or damage arising from your failure to comply with this section.
YOUR RESPONSIBILITIES AND ACKNOWLEDGMENTS
- (a)Compliance With Laws, Regulations and Requirements. You will not use the Services for illegal purposes but will abide by and comply with (1) all applicable local, state, national, and international laws and regulations in your use of the Services (including laws regarding the transmission of technical data exported from the United States), and (2) all requirements, procedures, policies and regulations of networks connected to the Services.
- (b) Non-Interference. You will not interfere with or disrupt (a) the use and enjoyment of the Services by other users; or (b) the Services or servers or networks connected to the Services (including, without limitation, any attempt to gain unauthorized access to other computer systems or networks connected to the Services).
- (c) Resale of the Service. You will not resell the Services or the use of or access to the Services.
- (d) Terms and Conditions of Use Policy. You will abide by the current Anyemails "Terms and Conditions Of Use" policy set forth on the Anyemails Web site at Anyemails.com.
- (e)Report of Abuse. You will report any violations of the terms of this Agreement by other users of the Services of which you become aware by contacting Anyemails at abuse@Anyemails.com.
- (f) Contacting Senders. You acknowledge that Anyemails may contact any Senders (including prior Senders listed in your email server or inbox) on your behalf in order to facilitate the provisioning of the services.
- (g) All Undesired E-Mails May Not Be Blocked. You acknowledge that the Services are not guaranteed to block all undesired email from Senders and that you may continue to receive such emails. Further, you understand and acknowledge that despite the exercise of commercially reasonable efforts on the part of Anyemails, your emails may be delayed or inadvertently lost.
Anyemails PROPRIETARY RIGHTS
All content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in vendor or other sponsor advertisements or information presented to you as part of the Services, may be protected by intellectual property or other proprietary rights and laws. You are permitted to use this material and information only as expressly authorized by Anyemails or its advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Anyemails in each instance.
YOUR ACCESS TO VENDORS; THIRD PARTY LINKS; ACCOUNT ACCESS
- (a)Third Party Links. Anyemails is not responsible in any way for, and does not guaranty the availability of, any email from or links to third party Web sites and resources which may be accessed through the Anyemails Web site. In addition, Anyemails does not endorse and is not responsible or liable for any content, advertising, goods or services, or other materials available on or from such Web sites or resources. Anyemails will 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, advertising, goods or services, or other materials on or available from such Web sites or resources.
- (b)Infringer Policy. If you believe that any material available through the Anyemails Web site infringes upon any copyright you own or control, or that any link on the Anyemails Web site directs users to another Web site that contains material that you own or control, you may file a notification of such infringement with Anyemails's Designated Agent. Please refer to the "Copyright Policy" and "Notice and Procedure for Notifying Designated Agent of Claims of Copyright Infringement" set forth on the Anyemails Web site at Anyemails.com.
YOUR PRIVACY
Anyemails believes strongly in protecting user privacy and providing you with notice of Anyemails's use of data, including personal identifying information, collected on the Anyemails Web site. Unless required to provide the Services to you, Anyemails will not disclose your personal identifiable information to third parties without your express permission. Additionally, Anyemails will not disclose your email address, or the email addresses of individuals sending you emails, to direct marketers. Please refer to the current Anyemails Privacy Statement for information regarding how Anyemails uses and collects information set forth on the Anyemails Web site at Anyemails.com.
TERMINATION
- (a) By Anyemails. Anyemails may terminate this Agreement or any part of the Services at any time in the event you breach any obligation.
- (b) By Notice Prior to End of Term. Either party may terminate this Agreement at anytime. In this case, the termination will take effect at the conclusion of the Term. In order for your termination to be effective, you must provide notice by completing the "Termination of Service" form found on the Anyemails Web site at Anyemails.com. Anyemails will cease charging your credit card, if applicable, upon the effective date of the termination.
- (c) Effect of Termination. You will not receive any refund for payments already made by you as of the date of termination. If termination of this Agreement is due to your breach hereunder, you will bear all costs of such termination, including any reasonable costs Anyemails incurs in closing your account. You will pay any and all costs incurred by Anyemails in enforcing your compliance with this Article. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. Upon termination for any reason or upon your failure to continue past the Trial Period, regardless of whether a subsequent termination occurs, Anyemails may delete all or part of the information related to you on the Services.
DISCLAIMER OF WARRANTIES
- (a) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Anyemails EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, ANY RESULTS OBTAINED THROUGH THE SERVICES AND ANY GOODS OR SERVICES OBTAINED ON OR THROUGH THE SERVICES.
- (b) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Anyemails MAKES NO WARRANTY.
- (c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Anyemails OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- (d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
- (a) Anyemails'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY SERVICES PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID DURING THE TERM.
- (b) Anyemails WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE SERVICES; (2) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; (3) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; OR (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Anyemails HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- (c) Anyemails WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
- (d) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTICES AND ANNOUNCEMENTS
You authorize us to notify you of information that Anyemails deems is of potential interest to you. Notices and announcements may include commercial emails and other notices describing changes, upgrades, new products and services or other information pertaining to Internet security or to enhance your identity on the Internet and/or other relevant matters. All notices must be sent either in writing (including email, but only to the extent expressly provided herein). All written notices to Anyemails shall be delivered to Anyemails. All notices to you will be delivered to your mailing address or email address as provided in your account information (as updated by you pursuant to this Agreement). Anyemails may also provide notices of changes to this Agreement or any other matter by displaying notices to you generally on the Anyemails Web site. Either of us may change Anyemails's respective address by written notice delivered to the other party. All notices delivered in writing hereunder must be sent by either overnight courier or certified mail, return receipt requested.
GENERAL
- (a) Entire Agreement. This Agreement comprises the entire agreement among you and Anyemails and supersedes any prior agreements pertaining to the subject matter contained herein.
- (b) Effect of Waiver. The failure of Anyemails to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect.
- (c) Governing Law and Jurisdiction. Customer agrees to settle any/all dispute(s) under this agreement via binding arbitration in Toronto, Ontario Canada.
- (d) Statute of Limitation. 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 the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- (e) Heading. The section headings and titles in this Agreement are for convenience only and have no legal or contractual effect.
- (f) Force Majeure. Neither party will be deemed in default hereunder, nor will it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this section (i) will give the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) will take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this paragraph extends for a period in excess of thirty (30) days in the aggregate, Anyemails may immediately terminate this Agreement.