Terms of Service
Disclaimers and limitations on liability
This web site and all services provided are "as is" without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability, non-infringement or fitness for a particular purpose and those arising by statute or otherwise in law or form a course of dealing or usage of trade. MailSpeaking.com, its subsidiaries and affiliated companies and their agents and assignees, as applicable (collectively, the "affiliates") are not responsible or liable for any infections, contamination of or harmful effects to your system or delays, inaccuracies, errors, or omissions arising out of your use of this site or the services. The entire risk as to quality, accuracy, adequacy, completeness, correctness, reliability and validity of any material rests with you. MailSpeaking.com and the affiliates shall not be liable for any special, indirect, incidental, punitive or consequential damages that may result from the use of, or the inability to use the services even when MailSpeaking.com, the affiliates or an authorized representative thereof has been advised of the possibility of such damages. Notwithstanding the foregoing, in no event shall MailSpeaking.com's or the affiliates' total liability to you for all damages, losses, causes of action (whether in contract or tort (including, but not limited to, negligence) or otherwise) exceed $100. Some jurisdictions do not allow the limitation or exclusion of certain warranties and conditions, and/or the disclaimer of some types of damages, so some of the above may not apply to you.MailSpeaking.com and the affiliates disclaim any and all responsibility and liability for the accuracy, content, products, services or availability of information found on this site and on other web sites that link to or from this site from third parties not associated with MailSpeaking.com. MailSpeaking.com and the affiliates make no representations or warranties as to the security of any information, including, without limitation, information that you might be requested to give any third party.
For accessing the E-Mails MailSpeaking.com needs to communicate with thousands of other Mail Servers that may or may not work properly with MailSpeaking.com. I understand that it is not reasonable for MailSpeaking.com to test its service with these servers. A failure to interact properly with the other servers may cause damages including but not limited to total loss of messages beyond recovery. I will not hold MailSpeaking.com responsible for any such losses and take the responsibility of testing the service myself.
MailSpeaking.com inserts promotional messages from its advertisers during the service. The accuracy of the promotional message is the sole responsibility of the advertiser. I will not hold MailSpeaking.com responsible for any losses caused by relying on such information.
By accessing this service, I understand that I may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, I acknowledge that I have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, which provides as follows: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Indemnification
You agree to indemnify, defend and hold harmless MailSpeaking.com and the affiliates from and against any and all liability and costs (including, without limitation, attorneys' fees) incurred by MailSpeaking.com in connection with any claim arising out of: any breach of these terms of use or the representations, warranties and covenants contained herein; a claim by a third party that is based on your use of this site and/or your use of the material in violation of these terms; and/or information or material posted or transmitted through your computer or membership account, even if not submitted by you. You will cooperate as fully as reasonably required in MailSpeaking.com's or the affiliates defense of any claim. MailSpeaking.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of MailSpeaking.com.By signing up with MailSpeaking.com,you authorize MailSpeaking.com to use your credentials to contact your email provider and retrieve information. Some information may be obtained by screen scraping. By using MailSpeaking.com you take full responsibility for all methods MailSpeaking.com uses to retrieve information. You further agree that you have permission from your mail provider to do so and will indemnify MailSpeaking.com from any consequences including but not limited to damages to you and your data.
Membership & registration
Certain areas and/or services offered by MailSpeaking.com may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas and/or services offered by MailSpeaking.com. When you register or become a member or provide information to MailSpeaking.com in any other manner, you agree to provide only true, accurate, current and complete information.If you become a member of MailSpeaking.com or any portion thereof, you agree that you are at least 18 years old, and if not, the User has the express permission of a parent or guardian to use the Services. You also agree to accept responsibility for all activities that occur under your account or PIN, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your PIN and for restricting access to your computers and phones so that others may not access the PIN protected portion of MailSpeaking.com using your information in whole or in part. MailSpeaking.com reserves the right to terminate membership and deny access to the service to any person who violates these Terms.
Location
MailSpeaking.com operates this service in the United States. Information contained on the service may not be appropriate or available for use in other locations, and access to this service from territories where the content of the service may be illegal is prohibited. If you access the service from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. These Terms of Service shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State, and will specifically not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable any action you bring relating in any way these Terms of Use or any matters related to this service shall be brought in either the State or Federal Courts located in Alameda County, California and you expressly consent to the jurisdiction of said courts. If any provision of this Agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby. Any cause of action you may have with respect to your use of this service must be commenced within one (1) year after the claim or cause of action arises, otherwise the cause shall be forever barred.No software from the Web Site may be downloaded, exported or re-exported (i) into (or to a national or resident of) any countries that are subject to U.S. export restrictions, or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country on any such list.
Violations of these terms
15. MailSpeaking.com will determine your compliance with these Terms in its sole discretion. Any violation of these Terms may result in restrictions on your access to all or part of the service and may be referred to law enforcement authorities. MailSpeaking.com reserves the right to modify or discontinue this service, or any portion thereof (including Forums) without notice to you or any third party. Upon termination of your membership or access to the service, or upon demand by MailSpeaking.com, you must destroy all materials obtained from this Web Site and all related documentation and all copies and installations thereof. You are advised that MailSpeaking.com will aggressively enforce its rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution against you.
E-Mails from MailSpeaking.com
MailSpeaking.com reserves the right to send E-Mails to the user regarding the status, changes and cancellation of the account or terms. Also each time the user uses the service, MailSpeaking.com reserves the right to send promotional messages from Affiliates, Sponsors and Advertisers. To stop receiving emails you will need to opt out of emails in your profile and stop using the service. Continuing to use the free service is equivalent to opting in for the emails again.
Privacy Policy
Your privacy is important to us. We provide this notice to explain our information collection practices and the choices you have about the way your information is collected and used.While using the service, you may encounter links to other web sites or online materials. You may also encounter links from advertisers, sponsors or partners. Those other web sites may set their own cookies, collect data, and/or have their own privacy policies that differ from this privacy policy. This Privacy Policy only covers information collected by MailSpeaking.com, and we encourage you to review the privacy policy of any other web site you visit.
This Privacy Policy does not apply to any personally identifiable information you may disclose publicly in user forums (such as chat rooms, message boards, or similar web pages). Identifiable information is information that could reasonably be used to identify you personally (such as your name, address, phone number or e-mail address). You should be aware that when you voluntarily disclose PII on message boards, chat areas or other user forums, that information can be collected and used by other people to send unsolicited messages and marketing materials. Also, please be aware that certain message boards (and similar user forums) may display IP addresses along with the message poster's name and message. We bear no responsibility for any action or policies of any third parties who collect any information users may disclose in user forums or other public areas of this Web Site.
We collect information about you while registration, surveys, actions during the use of the service, log data, usage patterns and contents of your messages. We use the information we collect to verify your identity, provide you with better user experience and match promotional messages that may be of interest to you. Your personally identifying information is not shared with advertisers without your consent. We may employ other companies and individuals to perform functions on our behalf. For instance, we may use third parties to develop software applications and databases or to send communications on our behalf. Our employees, agents and contractors who have access to personally identifiable information are required to protect the information in a manner that is consistent with this Privacy Policy.
We may provide access to your personally identifiable information when legally required to do so, to cooperate with police investigations or other legal proceedings, to protect against misuse or unauthorized use of our service, to limit our legal liability and protect our rights or to protect the rights, property or safety of visitors of this service or the public. In those instances, the information is provided only for that purpose.
MailSpeaking.com may also sell, transfer or otherwise disclose user information, including personally identifiable information, in connection with a corporate merger, consolidation, the sale of substantially all assets, or other fundamental corporate change.
We will not share your of personally identifiable information in ways unrelated to those described above without providing you with an opportunity to opt out of such use or otherwise prohibit such unrelated uses.
Data security
We take physical, electronic and managerial steps to maintain the security and accuracy of personally identifiable information we collect, including limiting the number of people who have physical access to our database servers, as well as electronic security systems and password protections that guard against unauthorized access. However, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.
Copyright Infringement.
MailSpeaking.com respects the intellectual property of others, and requires Users to do the same.
If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide MailSpeaking.com 's Copyright Agent as mentioned in our contact us section with the following information:
i. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
ii. a description of the copyrighted work that you claim has been infringed;
iii. a description of where the material that you claim is infringing is located on the Web Site;
iv. your address, telephone number and email address;
v. 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;
vi. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf.