Terms of Service
MailGeni is a system provided by Server Technology llc (server-technology.com) . MailGeni services may only be used for lawful purposes and in a manner which Server Technology believes, in its sole discretion, to comply with all laws and must not infringe the rights of any third party. MailGeni may not be used to send unsolicited email (sometimes called "spam") or for sending illegal or prohibited content.
Server Technology will make its best effort to provide uninterupted high quality service. Mailgeni services and system are provided on an "as is," "as available" basis without warranties of any kind.
Under no circumstances shall Server Technology llc. be liable for any indirect, incidental, special or consequential damages, including, without limitation, loss of profits.
Either subscriber or Server Technology may, at its sole discretion, terminate the subscriber's account at any time with or without reason.
The Fine Print
Server Technology will make its best effort to provide uninterupted high quality service. Mailgeni services and system are provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, including implied warranties of merchantability, fitness for a particular purpose, compatibility, security or accuracy, all of which warranties are hereby expressly disclaimed except to the extent any warranty cannot be disclaimed under applicable law. Under no circumstances shall Server Technology be liable for any indirect, incidental, special or consequential damages, including, without limitation, loss of profits.
Changes to Service
The services provided by Server Technology llc. and Server Technology llc.'s system are expected to change from time to time. Server Technology llc. reserves the right to change any service offered or the features of any service offered or its system without notice, including changes to access and use procedures, such as idle disconnections, and system hardware and software.
Termination and Suspension
Either subscriber or Server Technology llc. may, at its sole discretion, terminate the subscriber's account at any time with or without reason. Server Technology llc. also may, at its sole discretion, suspend a subscriber's account at any time with or without reason. Server Technology llc. may delete all data, files or other information that is stored in subscriber's account upon termination. Provisions set forth below in the sections entitled "No Warranty; Limitation of Liability" and "Indemnity" shall survive termination. Refunding of fees paid to MailGeni by subscriber for loss of service due to violation of these terms is solely at the discretion of MailGeni.
Subscription Fees
The effective date of for-fee subscriptions will be no earlier than the date and time of the creation of the subscription by the subscriber, and no later than the date and time which funds are received by MailGeni from the subscriber or any payment processing services used in the transaction. Certain methods of payment also incorporate a clearing period, including but not limited to personal checks. For payments made by these methods, the effective date will be no earlier than the date and time of the creation of the subscription by the subscriber, and no later than the date and time which funds are cleared. All fees paid are non-refundable. Any requests for refunds must be made in writing and MailGeni reserves sole discretion on the decision to grant or deny a refund.
No Warranty; Limitation of Liability
USE OF Server Technology llc.'S SERVICES AND SYSTEM AND THE INTERNET IN GENERAL IS AT SUBSCRIBER'S SOLE RISK. Server Technology llc. DOES NOT WARRANT THAT ITS SERVICES AND SYSTEM WILL BE UNINTERRUPTED, ERROR FREE, FREE FROM UNAUTHORIZED INTRUSION, OR THAT Server Technology llc.'S SERVICES OR SYSTEM WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY; NOR DOES Server Technology llc. MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE OR SYSTEM OR THE INTERNET IN GENERAL. Server Technology llc.'S SERVICES AND SYSTEM ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL Server Technology llc. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS. WITHOUT LIMITING THE FOREGOING, Server Technology llc. WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ALL OR ANY PART OF Server Technology llc.'S SYSTEM OR SERVICES, RELIANCE BY ANY PERSON ON INFORMATION OBTAINED THROUGH Server Technology llc.'S SERVICE OR THE INTERNET, DELETION OR LOSS OF FILES OR E-MAIL, VIRUSES, ANY DELAY OR FAILURE OF PERFORMANCE, OR UNAUTHORIZED ACCESS TO RECORDS OR FILES. THE MAXIMUM LIABILITY OF Server Technology llc. TO ANY SUBSCRIBER OR SUBSCRIBER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND, INCLUDING DUE TO Server Technology llc.'S NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER OR SUBSCRIBER TO Server Technology llc. DURING THE SIX MONTH PERIOD PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO EVERY SUBSCRIBER.
Indemnity
The subscriber agrees to indemnify and hold harmless Server Technology llc., its directors, officers, shareholders, agents, employees and its other subscribers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of subscriber's account or the subscriber's Web Site whether or not authorized.
Non-Transferability
Subscriber's account and right to use Server Technology llc.'s services and system is not transferable without Server Technology llc.'s consent. Subscriber agrees to protect its password and account and to keep them secure from unauthorized users and use.
Confidentiality
Server Technology llc. treats E-mail messages as private. Exceptions are those permitted by law, including under the Electronic Communications Privacy Act of 1986 (the "ECPA"). The ECPA permits Server Technology llc. limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate the system or protect Server Technology llc.'s rights or property, (ii) upon legal demand (court orders, warrants, subpoenas) or (iii) where Server Technology llc. receives information inadvertently which appears to pertain to the commission of a crime. Subscriber should be aware that electronic messages may be intercepted lawfully or unlawfully outside of Server Technology llc.'s system. In addition, although Server Technology llc. has implemented certain security measures, Server Technology llc. cannot guarantee that its system or stored data of a subscriber will be free from unauthorized intrusion or otherwise guaranty the privacy of information of any Subscriber.
Participation in Promotions of Advertisers
Subscriber may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Server Technology llc. service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding subscriber and the Advertiser. Server Technology llc. assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
Proprietary Rights to Content
Subscriber acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Subscriber by the Service ("Content") by Server Technology llc. or Server Technology llc.'s Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Subscriber is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Subscriber may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.
Prohibited Actions: E-Mail
? Harassment, whether through language, frequency, or size of messages, is prohibited.
? Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material ("e-mail spam"). Subscriber is explicitly prohibited from sending unsolicted bulk mail messages. This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving e-mail, the Subscriber must not send that person any further e-mail.
? Creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings.
? Malicious e-mail, including, but not limited to, "mailbombing" (flooding a user or site with very large or numerous pieces of e-mail).
? Unauthorized use, or forging, of mail header information.
Interpretation
These Terms of Service supersede all other written and oral communications or agreements with regard to the subject matter. A waiver or modification of these Terms of Service shall only be effective if in a writing signed by an authorized officer of Server Technology llc.. These Terms of Service shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts without regard to choice of law principles. If any provision of these terms and conditions is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law.
General Information
MailGeni, Server Technology llc., and all associated logos are trademarks of MailGeni. MailGeni LLC conducts business in Wayland, Massachusetts, USA and Boston, Massachusetts, USA