Mailbin Terms of Service
Last modified: June 1, 2017
Welcome to Mailbin!
These Terms of Service (these “Terms”) explain how you can use or access the Mailbin products, websites, services and software (collectively “Service”) so please read these Terms before you get started. They apply to all visitors, users and others who access the Service (“users”).
The Service is provided by Mailbin, Inc., (“Mailbin”, “we” or “our”), located at 2704 Balboa Ct, Antioch, CA 94509, United States.
Using our Service
When signing up for our Service, you agree to (a) provide true, accurate, current, and complete information (“Registration Data”) and (b) maintain and promptly update the Registration Data to keep it truthful, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Mailbin has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Mailbin has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You also understand that you’re responsible for the activity in your account and for safeguarding any passwords that you use. This goes without saying, but you‘re not allowed to access another user’s account without permission. You agree to (a) immediately notify Mailbin of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session. Mailbin cannot and will not be liable for any loss or damage arising from your failure to comply with this Paragraph.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Mailbin, are entirely responsible for all Content that you upload, post, email, or otherwise transmit via the Service. Mailbin does not control the Content posted via the Service and thus does not guarantee its accuracy, integrity, or quality. By using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Mailbin be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, or otherwise transmitted via the Service.
A user can pre-register to reserve a username based on availability on a first-come, first-serve basis on http://mailbin.com. Users who reserve a username will be sent an email with a unique link. By submitting your contact information on the Mailbin website you agree to receive such communications from us. These reservations are non-transferrable and non-saleable. We reserve the right to terminate individual reserved usernames for any reason at any time. If you have questions about our username reservation system, please contact firstname.lastname@example.org.
Abuse and Disallowed Names
We trust you to use the Service responsibly - which means, for example, you agree not to interfere with the Service or try to access it using a method other than the interface and the instructions that we provide.
You agree not to use the Service to upload or email:
- any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, or any other form of solicitation, except in areas designated for such purpose;
- any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party; or
- any Content that is unlawful, harmful, defamatory, invasive of another’s privacy, or otherwise objectionable.
Further, you agree not to use the Service to:
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- “stalk” or otherwise harass another or collect or store personal data about other Users;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; or
- intentionally or unintentionally violate any applicable local, state, national, or international law.
Further, in selecting a username your agree not to select a username that:
- that infringe’s another party’s trademark;
- impersonates another party; or
- violates any other provision of the Terms.
Further, in selecting a username you agree not to squat on a username or acquire a username for the purpose of selling it.
We may permanently or temporarily revoke or suspend your access to the Service without notice and liability for any reason including your violation of these Terms. Upon termination for any reason or no reason, you continue to be bound by these Terms.
Who can use the Service?
You can use the Service only if you can form a binding contract with us, and only in compliance with these Terms and all applicable laws and regulations. Sorry kids - use of our service by anyone under 13 is strictly prohibited.
Your stuff is your stuff
By using our Service, you allow Mailbin to help manage your content. You retain ownership of any intellectual property rights that you hold in that content. So, what belongs to you remains yours - we don’t own it. These Terms do not give us any rights to your content or intellectual property except for the rights we need to provide the Service to you, as explained in these Terms. You are responsible and liable for anything you copy, share, upload, download, attach, send, receive, record or otherwise do while using our Service, and you represent that your content is actually your content or that you have all necessary rights to use your content on or through our Service.
Our stuff is our stuff
You acknowledge and agree that the Service and any necessary software used in connection with the Service (the “Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Mailbin, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.
Subject to these Terms, we give you a non-exclusive, limited, non-transferable, freely revocable license to use our Service for your personal, noncommercial use only, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Mailbin for use in accessing the Service. These Terms do not provide you with any rights to use our trademarks, logos, domain names, or other brand features.
You may choose to give us feedback or ideas about our Service, including improvements (“ideas”). By submitting an idea, you agree that you’re doing it out of the goodness of your heart and not for financial gain or other recognition. We are free to use the idea or share it with others, or we may use a similar idea, developed by our employees or obtained from another source.
You are responsible and liable for your content and what you otherwise copy, share, upload, download, attach, send, receive, record or otherwise use while using our Service.
We reserve the right to suspend your account, delete or disable content alleged to be infringing and/or terminate the account of a repeat infringer.
Privacy and Security
You agree to defend, indemnify and hold harmless Mailbin and its affiliates, officers, agents, employees, and licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your stuff or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Mailbin and its affiliates, officers, agents, employees, and licensors from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
We promise to provide you with a great service, but we can’t promise everything. This Service is provided on an "as is" and “as available” basis. Mailbin and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Mailbin, nor its suppliers and licensors, makes any warranty that the the Service will be error free or that access to the Service will be continuous or uninterrupted. You agree that any interruptions to the service will not qualify for reimbursement or compensation. You understand that use of the Service is at your own discretion and risk. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsibly for any damage to your computer system or loss of data that results from such download or use of the service. No advice or information, whether oral or written, obtained by you in any fashion shall create any warranty not expressly stated in this Agreement.
Limitation of Liability
You expressly understand and agree that in no event will Mailbin, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) interruption of use or loss or corruption of data; (iv) any statements or conduct of any third party on the service; or (v) any unauthorized access to or alterations of your Content. We shall have no liability for any failure or delay due to matters beyond our reasonable control.
The foregoing shall not apply to the extent prohibited by applicable law.
We reserve the right, at our sole discretion, to modify or replace any part of this Agreement at any time. We will take reasonable steps to notify you of any substantial changes to this Agreement; however, it is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
We may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Except to the extent that applicable law (if any) provides otherwise, any dispute arising between you and Mailbin regarding these Terms and/or your use or access of the Service will be governed by the laws of the state of California and the federal laws of the United States of America, excluding any conflict of law provisions. You agree to submit to the jurisdiction of the state and federal courts within the county of Contra Costa County, California for any disputes arising out of or relating to your use or access of the Service or your acceptance of these Terms. 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 Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
These Terms constitute the entire and exclusive agreement between you and Mailbin and govern your use of the Service, superseding any prior agreements between you and Mailbin. These Terms create no third party beneficiary rights. Mailbin’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but may be assigned by Mailbin without restriction. Mailbin and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Please contact us email@example.com with any questions regarding these Terms.
Last Modified: June 1, 2017