Please note that your use of and access to our services (defined below) are subject to the following terms; if you do not agree to all of the following, you may not use or access the services in any manner.
We are constantly improving our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the EzMail website, and/or by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
We strive to make EzMail as easy-to-use as possible and as ethical a business operation as possible. The terms will ensure a good experience for you, our user, and us, the creators of EzMail. You must agree to these terms before using EzMail.
You may not use EzMail to send spam. Spam, by definition, is unsolicited email sent in bulk. There are several lines of defense in place in order to protect EzMail from spammers. First, EzMail personnel monitor outbound email flow 24 hours a day. Campaigns matching obvious spam and scam heuristics are terminated along with their associated accounts. Secondly, if you’re sending natively through Gmail, Google's algorithms will likely catch you and terminate or suspect your Gmail or G Suite account. Thirdly, if you're sending via a third party SMTP service, each service provider has their own mechanisms of watching for spam and terminating spammers.
You understand and agree that the content and information you use on the EzMail Services are your responsibility. You represent that you either own or have the necessary rights and permissions to use the content and information you make available through the Services. You agree that you will not use the Services to upload, post, transmit, or otherwise make available any content that:
- Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- Is fraudulent, false, misleading, or deceptive;
- Is defamatory, obscene, pornographic, vulgar, or offensive;
- Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
- Is violent or threatening or promotes violence or actions that are threatening to any other person;
- Promotes illegal or harmful activities or substances;
EzMail reserves the right to remove any content or information you make available through the Services if it believes it violates these Terms.
THE EZMAIL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
EZMAIL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND EZMAIL DOES NOT WARRANT THAT ANY ERRORS WILL BE CORRECTED. EZMAIL DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
EZMAIL SHALL NOT BE LIABLE FOR ANY 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 EZMAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE SERVICES.
THE TOTAL LIABILITY OF EZMAIL FOR ALL CLAIMS ARISING FROM OR RELATING TO THE USE OF THE SERVICES IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR USE OF THE SERVICES DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.
These Terms and the relationship between you and EzMail shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and EzMail agree to submit to the personal jurisdiction of a state court located in Santa Clara County, California or the United States District Court for the Northern District of California.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms shall remain in full force and effect.
These Terms constitute the entire agreement between you and EzMail with respect to the use of the Services and supersedes all prior or contemporaneous communications, understandings, and agreements, whether written or oral, between you and EzMail.