By completing the registration process and marking the "I have read and agree with the terms of service" checkbox, you understand that you are indicating your agreement to be bound by all of the terms and conditions of the agreement below. Read the agreement carefully as it sets forth your rights and obligations with respect to the use of EmailVanity.com services. If you are not willing to be bound by the terms and conditions of this agreement, leave the site now.
The EmailVanity.com Portal Services ("Services"), operated by the web hosting company of our choice (“Host”), are provided to you ("User") under the terms and conditions of this Portal Services Terms of Service ("TOS") and any operating rules or policies that may be published by EmailVanity.com. The TOS comprise the entire agreement between the User and EmailVanity.com and supersede all prior agreements between the parties regarding the subject matter contained herein.
Through the services of the Host, EmailVanity.com agrees to provide Users with the following Service via the EmailVanity.com site: electronic mail ("e-mail") and 256 megabytes of disk space for the period of one year.
The User must:
EmailVanity.com may serve advertisements to this site or work with a third party to serve the advertisements. Advertisements placed on the EmailVanity.com site may include but are not limited to banner ads, paid links, pop-up windows, buttons, and sponsorships.
The User agrees that EmailVanity.com has the right to run such advertisements and promotions. Your correspondence or business dealing with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other representations associated with such dealings, are solely between you and such advertiser. You agree that EmailVanity.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
Privacy protection is EmailVanity.com’s number one priority. EmailVanity.com uses some of the best patent-pending privacy protection technology available.
EmailVanity.com and/or third parties may, from time to time, send e-mail messages to Users containing advertisements, special promotions, and other marketing materials ("E-mail Marketing Programs") based on the agreed terms between EmailVanity.com and its selected partner(s). EmailVanity.com also offers Users permission-based e-mail services. Users must decide to "opt-in" to our e-mail services during the registration process or through a link on the EmailVanity.com site before they receive any e-mail services, newsletters, special promotions or other marketing materials ("Opt-In E-mail Programs"). EmailVanity.com has the right to partner with any e-mail marketers to provide these E-mail Marketing Programs or Opt-In E-mail Programs.
In consideration for the Services, the User agrees to:
For the avoidance of doubt, the User grants EmailVanity.com the right to disclose to e-mail marketers referred to in Section 2.2 all information provided during subscription to E-mail Marketing Programs or Opt-In E-mail Programs. Users may opt out of these e-mails directly at any time. EmailVanity.com does not make any representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and the User agrees that EmailVanity.com shall not have any liability with respect thereof.
EmailVanity.com is committed to never mixing your permission-based e-mail information with the anonymous profile information described in Section 2.1 above.
EmailVanity.com reserves the right to modify the terms and conditions of the TOS at any time and at its sole discretion. EmailVanity.com will post any update[s] to the TOS on this Web site. By continuing to use the Services, the User agrees to be bound by the amended TOS.
EmailVanity.com reserves the right to modify or discontinue the Services, or any portion thereof, at any time, with or without notice to the User. EmailVanity.com shall not be liable to the User or any third party should EmailVanity.com exercise its right to modify or discontinue the Services.
Refunds will be honored under two conditions:
When there has been a systematic error on the part of EmailVanity.com and more than one user has been allowed to buy the same account, e.g. when two people buy me@badkitty.bz, a full refund will apply. The person who placed the order first according to our records will be the owner of the email account. The person who placed the order second will be offered the choice between a full refund or another account with a different name.
The User has fourteen (14) days to apply for a refund. If within that time frame they decide not to keep the account, a 75% refund will apply.
Requests for refunds will not be honored after the fourteen day period has expired. Under all other circumstances, there are no refunds.
The User is entirely responsible for maintaining the confidentiality of the User's password and account, and for any and all activities which occur under the User's account or password. The User agrees to immediately notify EmailVanity.com of any unauthorized use of the User's account, password, or any other breach of security known to the User.
The User may change his/her password or profile by following instructions on the system.
EmailVanity.com provides the Services on an "as is" and "as available" basis, and the User uses these Services at his/her sole risk.
EmailVanity.com makes no warranty that the Services will meet the User's requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor does EmailVanity.com make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected.
EmailVanity.com expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Services is done at the User's own discretion and risk. EmailVanity.com is not responsible for the User's computer system or loss of data that results from the download of such material and/or data.
EmailVanity.com makes no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services.
No advice or information, whether oral or written, obtained by the User from EmailVanity.com shall create any warranty not expressly made herein.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to the User.
EmailVanity.com will not be liable for any loss of use, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including but not limited to lost profits) regardless of the form of action, whether in contract, tort (including negligence) strict product liability, or otherwise, even if EmailVanity.com has been advised of the possibility of such damages.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to the User.
EmailVanity.com has set no fixed upper limit on the number of messages a User may send or receive through the Services. However, EmailVanity.com retains the right, at its sole discretion, to determine whether or not a User's conduct is consistent with the letter and spirit of the TOS and may terminate Services if EmailVanity.com determines in its sole discretion that the User's conduct is inconsistent with the TOS. EmailVanity.com assumes no responsibility for the deletion or failure to store, deliver, or timely deliver e-mail messages.
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 EmailVanity.com, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. EmailVanity.com does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable.
You agree to not use the Services to:
The User agrees to indemnify, defend (at EmailVanity.com request), and hold EmailVanity.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made or brought by any third party due to or arising out of the User's use of the Services or any part thereof, the violation of this TOS or any provision therein by the User, or the infringement or misappropriation by the User, or a third party using the User's computer, account or password to access and/or use the Services, of any Intellectual Property Rights of any person or entity, or the use or misuse by the User or third parties of the User's passwords or accounts.
The User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements, or Internet-distributed, commercially produced information presented to the User by the Services ("Content") by EmailVanity.com, EmailVanity.com's advertisers, or other EmailVanity.com Users may be protected by copyrights, trademarks, patents or other proprietary rights and laws. The User is therefore only permitted to use this protected Content as expressly authorized by the owner of the Content ("Owner"), the Services or the Advertiser. The User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Owner, the Services or the Advertiser.
Accounts will not be deleted upon request, but are dealt with automatically.
Either User or EmailVanity.com may wish to discontinue the Services with or without cause at any time, effective immediately upon written notice to the other party. EmailVanity.com shall not be liable to User or any third party for termination of the Services.
Should the User object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Services in any way, the User's only recourse is to immediately:
All notices to a party shall be in writing and shall be made either via online announcements, e-mail, or conventional mail. EmailVanity.com may broadcast notices or messages through the Services to inform User of changes to the TOS, the Services, or other matters of importance; such broadcasts shall constitute notice to User.
The TOS shall for all purposes be governed by and interpreted in accordance with the laws of the United States, excluding its conflict of law provisions. EmailVanity.com failure to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by EmailVanity.com in writing.
No right may be assigned, and no duty may be delegated, by either party under this Agreement except upon the written consent of the other party, and any attempted assignment and delegation without such consent shall be void and without effect. Notwithstanding the foregoing, however, EmailVanity.com shall be entitled to assign this agreement, and all rights and obligations hereunder, to a successor to all or substantially all of its assets, whether by sale, merger or otherwise. This TOS shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.
Neither party is, nor will it be deemed to be, an agent or legal representative of the other party for any purpose. Neither party will be entitled to enter into any contracts in the name of or on behalf of the other party, and neither party will be entitled to pledge the credit of the other party in any way or hold itself out as having authority to do so.
If any provision of the TOS is held by a court of competent jurisdiction to be contrary to law, or otherwise invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Any waiver (express or implied) by either party of any breach of this TOS shall not constitute a waiver of any other or subsequent breach. No provision of the TOS will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorized officer of the waiving party.
User and EmailVanity.com agree that any cause of action arising out of or related to these Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The section titles in the TOS are used solely for the convenience of the parties and have no legal or contractual significance.