Terms and Conditions

The website is the property of Email 5, Inc., also referred to in this text as "Email 5," "Email5," "we," "us," or "the Site." We provide Site users with access to content related to us, our services, and offerings, including email services, forums, text, data, and other content, the so-called "Services." By using this website, you, as a user, are governed by these Terms and Conditions, the so-called "Agreement," regardless of how you access the Site (including through the Internet, through Wireless Access Protocol, through a mobile network, or otherwise). This Agreement is between you and us, thus it is important that you read carefully and understand these Terms and Conditions.

Acceptance of Terms. By using the Site, you agree to the terms of this Agreement and to any additional rules and guidelines that we post on the Site. We may make changes to this Agreement from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site. You can determine when we last changed this Agreement by referring to the date and time of the post. Your use of the Site following changes to this Agreement will constitute your acceptance of those changes; provided, however, any material change to this Agreement shall not apply retroactively to any claim or dispute between you and us in connection with this Agreement that arose prior to the last updated date shown above, applicable to that version of this Agreement in which we included such material change. We may, at any time, modify or discontinue all or part of the Site; charge, modify or waive fees required to use the Site; or offer opportunities to some or all Site users.

Trademark and Copyright Information. All material on this website, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software, is owned, controlled by, or licensed to Email 5, Inc. and is protected by copyright, trademark, and other intellectual property rights. This includes, without limitation, the organization and layout of the site and the underlying software that is owned by us, our companies, our users, suppliers, or licensors.

By making use of the website, you are agreeing that material on our website is made available solely for your personal, non-commercial use and may not be copied, modified, posted, reproduced, republished, uploaded, or distributed in any way (excluding your User Content that has been posted by you and of which you have rights and permissions), including but not limited to email or other electronic means, without our written consent in each instance. You may also not, under any circumstance or manner, use or copy in any manner the Email 5 company name, trademark, logo, or design. You may download material that has been intentionally made available for downloading from our website and are permitted to use the content only as expressly authorized by us and under any License. You acknowledge and agree that the content is made available solely for your personal non-commercial use. Except as expressly set out above, without limitation, you may not do –or allow third parties to do – any of the following without prior written permission from us: modify, adapt, create derivative works, exploit any content, transmit, broadcast; remove trademark notice, copyright, or any other rights, management, or identifier information from any copies of the content made under these terms and conditions; deep link to or frame any of the content; interfere with, or in any other way circumvent any copy protection mechanism utilized by us in providing you the content or other associated with the content.

Code of Conduct. In using our Site, you are agreeing to obey the law, respect the rights of others, and avoid objectionable, defamatory, or disruptive behavior. In addition, you will comply with the following "Code of conduct" as updated from time to time by us. You are prohibited from:

• Posting, transmitting, or otherwise making available, through or in connection with the Site:
  
  • Anything that is or may be (1) threatening, harassing, offensive, degrading, hateful, or intimidating; (2) defamatory or blasphemous; (3) fraudulent, abusive, or tortious; (4) obscene, indecent, pornographic, or otherwise objectionable; or (5) protected by copyright, trademark, trade secret, right of publicity, or other proprietary right without the express prior consent of the owner of such right.
  • Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense or violent attitude; that promotes and encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking," or promotes virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or malicious software that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
  • Any unsolicited or unauthorized advertising, promotional materials, "junk mail," "chain letter," "spam," or investment opportunity, or any other form of solicitation.
  • Any material on non-public information about a company without the proper authorization to do so.

• Using the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
• Impersonating any person or entity, including any of our (or our affiliates') representatives; falsely stating or otherwise misrepresenting your affiliation with any person or entity; or expressing or implying that we endorse any statement or posting you make.
• Interfering with or disrupting the operation of the Site or the servers or networks used to make the Site available; or violating any requirements, procedures, policies, or regulations of such networks.
• Restricting or inhibiting any other person from using the Site (including by hacking or defacing any portion of the Site).
• Using the Site to advertise or offer to sell or buy any goods or services without our express prior written consent.
• Reproducing, duplicating, copying, selling, reselling, or otherwise exploiting for any commercial purposes, any portion of, use of, or access to the Site.
• Except as expressly permitted by applicable law, modifying, adapting, translating, reverse engineering, decompiling, or disassembling any portion of the Site.
• Removing any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.
• Framing or mirroring any part of the Site without our express prior written consent.
• Creating a database by systematically downloading and storing all or any Site content.
• Using any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, "scrape," "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site, without our express prior, written consent.

If we consider that a user's behavior is inappropriate, likely to cause offense or harm to other users or to Email 5, or in any way violates these Terms and Conditions, we may send out a warning, however we are not obliged to do so, and terminate or otherwise restrict their access and use of the site. We will also possibly need to remove any content posted by this user if it is in any way in disagreement with the terms and conditions. To protect our users and the reputation of the site, we may keep track of interactions between users at some times, however we are not obliged to control or police user shared content.

Warranty Disclaimer. We provide, among other things, links and pointers to third-party sites, and we may sometimes provide third-party materials on this site. If you choose to access any of these links, you will be leaving email5.io or email5.org and since we do not have any control over these sites, we are not responsible for their content, advertising, products and services, or other materials available from them, or any dealings or disputes that you may have in relation to those sites. We encourage you to review the terms and conditions as well as the privacy policy of any new site you choose to enter since our terms and conditions and privacy policy will not be applicable. We reserve the right to remove or add a link at any time.

You assume total responsibility and risk for the use of this website. We and our affiliates and sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to this website or any other third-party website. The only solution for dissatisfaction with this website and/or other third-party sites is to terminate your use of the sites. While we endeavor to ensure that this website is normally available 24 hours a day, we don't warrant that this site will be uninterrupted or error-free, that defects will be corrected, or that this website or any other third-party sites, or the servers that make them available, are or will be free of viruses or other harmful components. We don't warrant or make any representations regarding the use or the results of the use of the materials on this website or any third-party sites of their correctness, accuracy, timeliness, reliability, or otherwise. You (and not Email 5, Inc.) assume the entire cost of all necessary maintenance, repair, or correction of any such materials.

We cannot take responsibility or liability for the conduct of any person who uses our site. In addition, we are not responsible or liable for any loss or damage suffered as a result of the use of our site. If you become aware of any unauthorized third-party alterations to the site, contact us using our contact form, describing the content in question and the URL or its location.

License to Email 5, Inc. By using our email service, you acknowledge and agree that Email 5, Inc. may need to access, store, and scan your communications for the purpose of providing the service, improving our offerings, ensuring security, and complying with legal obligations. We will not use your email content for any other purpose without your explicit consent. You retain all ownership rights to the content you create and send, and Email 5, Inc. does not claim any ownership over your emails or attachments.

Indemnity. By using this Service, you agree to indemnify and hold harmless Email 5, Inc. and its agents, employees, directors, contractors, representatives, licensors, affiliates, parents, and subsidiaries from and against any and all claims, losses, demands, causes of action, and judgments (including attorneys' fees and court costs) arising from or concerning your breach of this Agreement and your use of the Service, the Materials, and the Content, and to reimburse them on demand for any losses, costs, or expenses they incur as a result thereof.

Limitation. In so far as is possible in law, we exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, or consequential loss or damages, or any loss of income or profits (whether direct or indirect), data, contracts, use of money, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this website or the Service, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data, or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website.

Law and Jurisdiction. You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your use of the Site) is governed by and shall be construed in accordance with the laws of the State of Delaware, USA, without regard to its principles of conflicts of law. You consent to the exclusive jurisdiction of the courts located in Delaware, and waive any jurisdictional, venue, or inconvenient forum objections thereto.

Information Complaints. If you have any questions or complaints regarding the site or these Terms and Conditions, contact us using the contact form.