IzyMail

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Terms of Service

IzySoft ("IzySoft") provides its IzyMail service ("Service") to you, subject to the following Terms of Service ("TOS"). IzySoft may amend the TOS at any time by posting an amended TOS on its website.

Registration

You must register for a membership in order to access the Service. When completing the registration form, you will provide true, accurate, and complete information, and maintain and promptly update this information. If you provide any information that is untrue, inaccurate, or incomplete, or IzySoft has reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, IzySoft has the right to suspend or terminate your membership and access to the Service.
You may receive login name and a password upon completing the registration process. You are responsible for maintaining the confidentiality of your password and login name, and are responsible for all activities that occur with your password and login name, including fees incurred and all purchases made by your membership on the Service. You will immediately notify IzySoft of any unauthorized use of your membership or any other breach of security.

IzyMail Privacy Policy

Certain registration information and other information about you may be collected by IzySoft and through the Service. IzySoft's use of this information is governed by the IzyMail Privacy Policy.

Membership, Fees

You may obtain a basic membership with the Service without paying a fee. IzySoft may charge fees to access certain components of the Service. If you must pay a fee to access a component of the Service, you may use a credit card to pay these fees. When you provide credit card information to IzySoft or its payment processing agency, you represent to IzySoft that you are the authorized user of the credit card.
If a membership require a recurring payment, IzySoft will charge your credit card at the beginning of each subscription period. You must promptly notify IzySoft of any changes to your credit card number, its expiration date, and your billing address, and you must promptly notify IzySoft if your credit card expires or is canceled. IzySoft reserves the right to change its fees or billing methods. If any change is unacceptable to you, you may cancel your membership, but IzySoft will not refund any fees that may have accrued to your membership before you cancel it. IzySoft may also charge you for any sales or use taxes to which the Service is subject.

Prohibited Use

You agree that you will not use the service

  1. to violate any local, state, or national law
  2. to harass people through or on the Service
  3. to collect or store data about other people
    4. or
  4. in any manner other than as expressly authorized in the TOS.

    You also agree that you will not

  5. use any device, software or routine to interfere or attempt to interfere with the proper working of the Service
  6. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service
  7. use any robot, spider, other automatic device, or manual process to monitor or copy any content on the Service;
  8. reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service,

Ownership and Restrictions

IzySoft retains all right, title, and interest in and to the IzyMail technology including all related intellectual property rights. You will use your best efforts to prevent and protect IzyMail Services from unauthorized use or distribution. You must not rent, lease, sublicense, sell, assign, loan, distribute, transmit, or otherwise transfer any content of the service, or your rights and obligations pursuant to the TOS. You must not copy, reproduce, alter, modify, create derivative works, or publicly display any content of the Service, unless expressly authorized in the TOS.

User Warranty

You represent and warrant to IzySoft:

  1. that you have full power, authority, and legal capacity to enter into the Agreements and follow its obligations, and if you are registering on behalf of a company or other entity, you have the authority to bind your principal or employer company;
  2. you will provide complete and accurate information to IzySoft
  3. the charges incurred by you will be honored by your credit card company; and
  4. you will pay all charges that you incur at IzySoft's then-current rates;

Indemnity

You will indemnify and hold IzySoft, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your violation of the TOS, or your violation of any rights of a third party.

Service Modifications

IzySoft reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or any part of it with or without notice. IzySoft will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

Termination

You have the right to terminate or cancel your membership at any time. You understand and agree that the cancellation of your membership or a particular component of the Service is your sole right and remedy with respect to any dispute with IzySoft. This includes, but is not limited to, any dispute related to or arising out of:

  1. any term of the TOS or IzySoft's enforcement or application of the TOS;
  2. any policy or practice of IzySoft, including the Privacy Policy, or IzySoft's enforcement or application of these policies;
  3. the data available through the Service;
  4. your ability to access and use the Service; or
  5. the amount or type of fees, surcharges, applicable taxes, and any IzySoft billing methods.

IzySoft, in its sole discretion, may terminate your membership with or without notice if IzySoft believes that you have violated or acted inconsistently with the TOS. IzySoft will not be liable to you for termination of your membership to the Service.

Links

The Service does provide links to third party web sites. IzySoft has no control over these sites and is not responsible for their availability, does not endorse them, and is not responsible or liable for any content, goods, or services available from these sites. IzySoft will not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods, or services available through these sites.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IzySoft 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 RELATED TO THE SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OF DATA OR EMAIL THAT RESULTS FROM YOUR USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IzySoft OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Limitation of Liability

IzySoft WILL 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 IzySoft HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL IzySoft'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT OF FEES PAID BY YOU TO IzySoft IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THE TOS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Trademark Information

IzyMail, the IzyMail logo, and other IzySoft logos, products and service names are trademarks of IzySoft.

General

IzySoft may provide notices to you pursuant to the TOS through email, regular mail, or by displaying conspicuous notices or links to notices to you on the Service. The TOS constitutes the entire agreement between you and IzySoft and governs your use of the Service, superseding any prior agreements between you and IzySoft. You also may be subject to additional terms and conditions that may apply when you use other IzySoft products or services.

The failure of IzySoft to exercise or enforce any right or provision of the TOS will not constitute a waiver of the right or provision. If any provision of the TOS is found to be invalid, the other provisions of the TOS will remain in full force and effect. Any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after the claim or cause of action arose or be forever barred.