Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

OnlyMyEmail.com ("we" and "our") created these terms and conditions, and any modifications of these terms and conditions (collectively, the "Terms") to govern your access to, and use of, our website (the "Site") and the services we offer (the "Service(s)"). From time to time, we may modify these Terms without direct notice to you. Your continued use of our Site and Service after we make these modification constitutes your acceptance of any new terms.

Our Services are available only to those who are at least 18 years old and who can form legally binding contracts under applicable state and federal law.

1. Privacy Policy
Privacy is important to our users and we take all commercially reasonable and feasible measures to protect it. Refer to our Privacy Policy for information about how we use and collect your information.

Only under certain extraordinary circumstance would we be compelled to disclose information about you. By using our Services you agree that we may access and disclose information about you or your use of the Service under the following circumstances:

a. to comply with the law,
b. to protect our systems and customers, or
c. to ensure the integrity and operation of our business and systems.

The type of information that we may disclose under these circumstances could include your user profile (e.g., name, e-mail address, etc.), IP address and traffic information, usage history, and posted content.

Our right to disclose any such information shall take precedence over any terms in our Privacy Policy.

2. Access Restriction & Password Security
We reserve the right to deny you access to the Site or any of our Services without notice. You are responsible for safeguarding the confidentiality of the password(s) and user name(s) that we issue to you. In addition, you are responsible for any use or misuse of your account or the Service resulting from any third party who may use a password or user name that we issued to you.

3. Order and Payment Information
We must receive your payment and be able to verify your information prior to issuing you a user name and password. You will then have access to the Service that you have ordered.

You agree to pay the fee that is posted on the Site at the time you initiate your order for the Service. All fees are charged in U.S. dollars. Our fees are subject to change at any time.

Your service will renew automatically, 1 month from your order date at the then-current rate. You may cancel at any time, unless we have contracted with you for a different period of time.

When you use our Service, you agree to provide only true, accurate, and complete information, and agree to update that information to keep it true, accurate, current and complete. We have the right to terminate your use of the Service if we have reason to believe that you have provided false, inaccurate, or incomplete information.

4. No "Spamming"
We hate spam. That's why we're in business and provide these Services. Therefore, spam in any form is strictly prohibited.

You shall not:

a. Use our Services for chain letters, junk mail, "spamming" or any use of distribution lists to any person who has not given specific permission to be included in such a process.
b. Send an email advertisement which is: (1) addressed to a recipient with whom the initiator does not have an existing business or personal relationship and (2) is not sent at the request of or with the express consent of the recipient to receive such communications from you.

If you use the Service for spam or through any act or omission allow any third party to use the Service for spam, we reserve the right to terminate your access to the Service immediately and to seek appropriate legal recourse. If you have any knowledge or, or reason to believe that any other user of the Service is spamming, please contact us immediately at abuse@onlymyemail.com.

5. User Conduct
We reserve the right to monitor or review, but assume no responsibility for, your conduct and use of the Service. Use of the Service is subject to all applicable local, state, national and international laws and regulations. You agree to comply with U.S. law regarding the transmission of technical data exported from the United States through the Service.

In using the Service, you agree not to:

a. Use the Service for any illegal purposes;
b. Interfere or disrupt networks connected to the Service;
c. Report or submit emails to us as being "false-positives" when such emails were removed based on the settings that you have specifically chosen to block within the options, preferences and settings that we have provided to you;
d. Harvest or otherwise collect any personally identifiable information about others without their informed consent;
e. Transmit through the Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
f. Invade another's privacy or violate rights of publicity or intellectual property (including but not limited to copyright, trademark and patent rights) while using the Service;
g. Transmit any material encouraging conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
h. Interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services;
i. Advertise or offer to sell or buy any goods or services for any non-personal purpose;
j. Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
k. Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
l. Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
m. Use or attempt to use another's account, service or system without authorization from us, or create or use a false identity on this Service; or
n. Engage in any other conduct which, in our sole discretion, is considered unauthorized or objectionable.

6. Proprietary Rights
You acknowledge and agree that any material, including but not limited to text, compilations, graphics, software, music, sound, photographs, video, or other material contained or distributed on or through the Service, by us, our advertisers or other third parties ("Content"), is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not use or distribute any Content received through the Service without the authorization of the content owner, except for your personal, non-exclusive use. You agree not to modify, copy, reproduce, republish, upload, post, transmit, sell or distribute Content available through the Service, including code and software, in violation of applicable copyright and other intellectual property laws.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF ANY ONLYMYEMAIL SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SUCH SOFTWARE.

You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. export restrictions.

7. Trademarks
OnlyMyEmail and the OnlyMyEmail logo and tag line are trademarks of OnlyMyEmail, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of OnlyMyEmail, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Any other trademarks, registered trademarks, product names and company names or logos mentioned in these Terms are the property of their respective owners.

8. Submissions
When you post any materials, such as questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, in the form of e-mail, submissions to us, or postings on this Service, you agree that such materials are not confidential and shall become our sole property. We shall own the exclusive rights to such materials, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By submitting any materials to us, including the posting of materials to any forum or interactive area, you irrevocably waive any and all "moral rights" in such materials, including the rights of paternity and integrity.

9. Linking
You may not use, frame or utilize framing techniques to enclose any OnlyMyEmail trademark, logo or other proprietary information, including the images found at the Site or through our Service, the content of any text, or the layout/design of any page or form contained on a page, without our express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing any OnlyMyEmail name, trademark, or product name without our express written consent. Except as may be noted in these Terms, we neither grant nor convey to you any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of OnlyMyEmail or any third party. We make no representation regarding, and accept no responsibility for, the quality, content, nature or reliability of Web sites accessible by hyperlink from this Service, or Web sites linking to this Site. Linked sites are not under our control, and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by or between us and any third party.

10. Copyright Policy & Copyright Agent
You agree that we can remove Content or other materials that appear to infringe the intellectual property rights of others. In addition, we may terminate your account if we have knowledge of, or reasonable belief that you are infringing intellectual property rights of others. If you believe that we have infringed your intellectual property rights in any material way, please notify us, and provide the following information:

a. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
b. An identification of the copyrighted work claimed to have been infringed.
c. An identification of the material that you claim is infringing.
d. Your address, telephone number, and email address.
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
f. A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.

11. No Resale
You agree not to resell or make any commercial use of the Service without our express written consent.

12. Indemnification
You agree to indemnify and hold harmless OnlyMyEmail, its parents subsidiaries, affiliates, officers, employees and agents, from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of any of the Services, your violation of these Terms, or your violation of any rights of a third party. These obligations will survive any termination of the Terms or of your relationship with us.

13. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT OUR SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ONLYMYEMAIL AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND OUR SERVICES, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY OR ACCESSED FROM OR THROUGH THESE SERVICES, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR PERSONAL PROPERTY, INCLUDING YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT ONLYMYEMAIL DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE OR OUR SERVICES. EXCEPT AS OTHERWISE AGREED IN WRITING, ONLYMYEMAIL AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR, AND MAKE NO WARRANTY OR REPRESENTATION AS, TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT, SERVICES OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OUR SITE OR SERVICES.

ONLYMYEMAIL DOES NOT MAKE ANY WARRANTY THAT THIS SERVICE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. ONLYMYEMAIL ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF ONLYMYEMAIL, ITS AFFILIATES, ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS.

ONLYMYEMAIL DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEB SITE WILL BE MAINTAINED.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The terms of this section survive any termination of the Terms.

14. Limitation Of Liability
UNDER NO CIRCUMSTANCES INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL ONLYMYEMAIL OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING ONLYMYEMAIL.COM OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE PURCHASE OF ANY SERVICES FROM ONLYMYEMAIL OR THE USE OR INABILITY TO USE ONLYMYEMAIL OR ANY CONTENT PROVIDED BY OR THROUGH THIS SERVICE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ONLYMYEMAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ONLYMYEMAIL'S LIABILITY TO YOU FOR ANY CAUSE OF ACTION WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ONLYMYEMAIL FOR ANY SERVICES SUPPLIED BY ONLYMYEMAIL THROUGH YOUR USE OF THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

The terms of this section survive any termination of the Terms.

15. Termination
Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your use of this Service, to change or eliminate any of the services we provide, and to block or prevent future access to and use of this Service. If your account is terminated for violation of these Terms, you will not be entitled to any refunds. Should you object to these Terms or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue your use of the Service and terminate your account.

16. Severability
If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. The terms of this section survive any termination of the Terms.

17. Applicable Law
These terms and conditions shall be governed by and construed in accordance with the laws of the United States and the State of Michigan, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of the State of Michigan; provided, however that either party may elect to settle any litigation in any way arising out of or relating to these Terms by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. If elected, such arbitration shall be conducted in Ann Arbor, Michigan, and judgment on the arbitration award may be entered into any court having jurisdiction. The terms of this section survive any termination of the Terms.

18. Modification & Amendments
We reserve the right to amend at any time any policies governing this Service, including these Terms and our Privacy Policy, by posting the amended terms on the Site. The amended terms shall be effective upon posting. If you do not accept the amended terms, you should cease using our Services.

19. General The Terms constitute the entire agreement between OnlyMyEmail and you with respect to your use of the Services Any failure by OnlyMyEmail to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect. These Terms will be binding on, inure to the benefit of and be enforceable against both parties and their respective successors and assigns.

The terms of this section survive any termination of the Terms.

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