By accessing and using this website “EmailOversight.com” or any other sub-domains (collectively provided by EmailOversight, Inc., the “Service”),
you (“You”) accept and agree to be bound by the terms and provision of this agreement. In addition, when using this websites particular services,
You shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such
guidelines or rules are hereby incorporated by reference into the TOS.
ANY PARTICIPATION IN THIS SITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS OF THIS SERVICE AGREEMENT
AND ALL REVISIONS THERAFTER. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS SITE OR ANY SERVICES PROVIDED BY EMAILOVERSIGHT.
In order to use EmailOversight, You must: be at least eighteen (18) years old and able to enter into contracts; complete the registration process; agree to the Terms; and provide true, complete, and up to date contact information.
By using EmailOversight, You represent and warrant that You meet all the requirements listed above, and that You won’t use EmailOversight in a way that violates any laws or regulations. EmailOversight may refuse service, close accounts of any users, and change eligibility requirements at any time.
2. Access to the Service
In order to use EmailOversight services, You must register for an account with valid email address and a password. It is your responsibility to safeguard your credentials from unauthorized use. In the event of unauthorized use of your account You agree to immediately notify us. You are responsible for all activities that occur under your account, and You authorize us to assume that any person using the service with your credentials either is You or is authorized to act for You.
Service will terminate within 30 days unless valid Payment Profile is created. Payment Profile requires valid credit card on file. We preauthorize $200 during new payment profile creation. This is not a charge and preauthorization will be adjusted to Billing Cycle end charge amount. Billing Cycle start date is Payment Profile creation date and Billing Cycle end date is the same month day in the following month. If Billing Cycle start date is on 29th, 30th or 31st it will be moved to 28th of the month.
You may terminate this Service Agreement at any time by contacting customer support at firstname.lastname@example.org or sending written notice to EmailOversight, Inc. at 500 N Brand Blvd Suite 890, Glendale, CA 91203 USA. Please include your full name and email address used to register. EmailOversight will send cancelation notice by email once account has been canceled.
EmailOversight reserves the right to terminate your account and this Agreement, or prohibit your future use of the Service at any time and for any reason. We may suspend our Service to You at any time, with or without cause. You agree that We have the right at any time to modify or discontinue our Service, or any portion of our Service, with or without notice and further any reason. You also agree that EmailOversight will not be liable to You or any third party due to the modification, discontinuation, or temporary suspension of the service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of Your Services.
If we terminate your account without cause, we'll refund a prorated portion of your monthly prepayment. We won't refund or reimburse You if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it. All unpaid balance will be charged as soon as account is closed. If You don't log in to Your account for 12 or more months, we may treat Your account as "inactive" and permanently delete the account and all the data associated with it.
The Term begins when You sign up for EmailOversight and continues as long as You use the Service. Clicking the button and entering your username means that You have officially “signed” the Terms. If You sign up for EmailOversight on behalf of a company or other entity, You represent and warrant that You have the authority to accept these Terms on their behalf.
This Service Agreement constitutes the entire agreement between You and EmailOversight and governs your use of our Service, superseding all prior or contemporaneous agreements, understandings, or representations and, except as expressly provided therein, may not be modified or amended except in writing signed by both Parties. You also may be subject to additional terms that may apply when you use other EmailOversight services, third-party content, or third-party software. You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. If any part of this Service Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Service Agreement is personal to You and You may not transfer, assign or delegate this Service Agreement to anyone without the express written permission of EmailOversight. Any attempt by You to assign, transfer or delegate this Service Agreement without the express written permission of EmailOversight shall be null and void.
This Service Agreement will be governed by the laws of California, USA without regard to its conflicts of law provisions. Any dispute related to this Service Agreement will be submitted to binding arbitration in Los Angeles County, CA, pursuant to the Commercial Arbitration Rules of the American Arbitration Association; provided, however, that either Party may seek preliminary injunctive or other equitable relief pending arbitration to prevent irreparable harm. Any dispute You may have with respect to the Service must be commenced within one year after it arises, or the cause of action is barred.
5. Monthly Plans
Our charges for monthly plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. If You go over tier usage and reach another pricing level, then You'll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, You’ll still be required to make one payment at the higher level. There is a minimum of $20 account maintenance fee in case of no account activity. Minimum charge amount is $20.
We’ll give You a refund for a prepaid month if we stop providing our Service to You for a reason that's not laid out in these Terms or our Acceptable Use Policy. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.
7. Limitation of Liability
NEITHER EMAILOVERSIGHT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING OUR SERVICE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SERVICE CONTENT) SHALL BE LIABLE 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 EMAILOVERSIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE OUR SERVICE AND THE SERVICE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL EMAILOVERSIGHT’S LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF ANY USE OF OUR SERVICE EXCEED THE AMOUNT PAID BY YOU TO EMAILOVERSIGHT FOR THE SERVICE TO WHICH SUCH LIABILITY IS CLAIMED.
Due to some jurisdictions not allowing the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to You. If your use of our Service results in the need for servicing or replacing property, material, equipment or data, We are not responsible for those costs.
9. Unsolicited Email Messages
When using our Service to Validate or Append email addresses, You agree that the messages You may send will be (a) sent to recipients with whom You have an existing business or personal relationship or (b) sent to recipients from whom You have express consent to send such communication. If You use any part of our Service for the purpose of generating unsolicited email, we reserve the right to immediately terminate Your access to our Service and to seek appropriate legal recourse as necessary.
You authorize EmailOversight to send You notices, at EmailOversight’s discretion by email or postal mail. It is your responsibility to check for updates to this Service Agreement.
You agree not to disrupt the functioning of our Service or act in a way that interferes with other users using our Service. Nor will you use any software that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information. You agree not to access, tamper with or use non-public or non-authorized areas of this web site or API. Unauthorized individuals attempting to access these areas on the site may be subject to prosecution.
You agree to defend, indemnify, and hold harmless EmailOversight, its officers, directors, employees, contractors, agents and partners, from and against any claims, actions, demands, loss or damages, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of our Service, including without limitation claims against EmailOversight for unsatisfactory performance of services listed on the web sites governed by this Service Agreement, or Your violation of this Service Agreement.
13. Electronic Data
You warrant and represent that you have the legal right to possess, use or view any and all electronic data you transmit utilizing EmailOversight Service, and that such data does not infringe a third party's intellectual property rights or rights of publicity or privacy.
14. Intellectual Property and Copyright
All materials on this site including, but not limited to, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by EmailOversight or owned by other parties who have licensed their intellectual property to EmailOversight. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use our Service or Intellectual Property in any way for any public or commercial purpose without prior written consent of EmailOversight or the rights holder. You may not use the Intellectual Property on any other web site or in a networked computer environment for any purpose except your own personal viewing. If You violate any of these terms, Your permission to use the Intellectual Property will automatically terminate; You must immediately destroy any copies You have made of the Intellectual Property; and We may revoke Your authorization to use our Service.
15. Disclaimer of Warranties
Your use of our Service is at your sole risk, and You agree to assume all risks and responsibilities for the selection of our Service to achieve Your desired results. Our Service is provided on an "as is" and "as available" basis. EmailOversight 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. EmailOversight will make reasonable efforts to maintain our Service, however, EmailOversight is not responsible for any damage, loss of data, customer information, revenue, or other harm to business arising out of delays, miss delivery or none delivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to our Service, or other interaction with the Service. EmailOversight makes no warranty that (1) the website will meet Your requirements, (2) our Service will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of our Service will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by You through our Service will meet your expectations, and (5) any errors in our Service will be corrected. Any material downloaded or otherwise obtained through our Service is done at your own discretion and risk and You are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by You from EmailOversight or through or from our Service shall create any warranty not expressly stated in this Service Agreement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You.