“We” or “Our” here refers to the owners and employees of the EmailEngine website.
Our commitments to you:
- We will treat your email address with care and the utmost respect for your privacy, which means not sharing with anyone that might abuse it.
- We will only use your email address to provide the service described on this website.
- On rare occasions we may email you regarding major feature upgrades, but you’ll be able to block these emails if you wish (we hope you don’t though).
- On rare occasions it may be necessary to notify you of changes to the EmailEngine service.
- We may modify the emails we forward to you so that we can provide the service described on this website.
- We will make a copy of our current version of these terms and conditions available on our website. We can change these terms and conditions, for any good reason, at any time and will notify users in the event that this happens.
- We may also add short unobtrusive advertising, clearly identified as such, to emails we forward to you.
If you choose to use EmailEngine, you must commit to the following:
- You may not use EmailEngine to break the law. We will cooperate fully with requests from law enforcement agencies as part of any legitimate investigation of a crime.
- You may only use EmailEngine if you accept these terms, in full, without modification.
- We may terminate your account for any reason, including but not limited to violation of these terms, with absolute discretion.
- We will not be liable to you or to any third party if we terminate your account.
- We may delete, or not delete, your account at our sole discretion, as well as to delete, or not delete, content at our sole discretion.
- You shall indemnify, defend, and hold harmless EmailEngine, and anyone related to 33Mail (including its parent corporation, affiliates, their respective officers, employees and agents, and each of EmailEngine partners), from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, made my any third party due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of the 33Mail service; his or her submission, posting or transmission of Content, or his or her violation of the Terms.
Warranty information (our lawyers told us this was important):
EACH USER’S USE OF THE EMAILENGINE SITES IS AT HIS OR HER SOLE RISK. THE EMAILENGINE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND EMAILENGINE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 33MAIL 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. SPECIFICALLY, 33MAIL MAKES NO WARRANTY THAT (i) THE 33MAIL SITES OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF 33MAIL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, 33MAIL SHALL NOT 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 33MAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER’S USE OR INABILITY TO USE ANY 33MAIL SITES OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE 33MAIL SITES; OR ANY OTHER MATTER RELATING TO THE 33MAIL SITES. IN NO EVENT SHALL 33MAIL’S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN 33MAIL AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, 33MAIL DOES NOT AND CANNOT CONTROL THE ACTIONS OF 33MAIL SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO 33MAIL SITES. OPERATION OF 33MAIL SITES MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY 33MAIL.