mailmonitorapp.com Website Terms of Service
82twelve, LLC is the proprietor of mailmonitorapp.com, upon which it runs a service called Mail Monitor, an email deliverability application.
The mailmonitorapp.com website (“Website”) is a hosted service operated by 82twelve, LLC (“82twelve”). By accessing, using, or registering to use the Software (as defined herein), Services (as defined herein) and/or Materials (as defined herein) from this Site you agree to follow and be bound by these Terms. IF YOU DO NOT ACCEPT ALL OF THESE TERMS, DO NOT USE THIS SITE.
Description of Services
82twelve may provide you with access to a variety of resources, materials and downloads, including business, educational and technical news and information (collectively, “Services”). The Services, including any updates and enhancements, are subject to the Terms.
Use of Software
Any software or related materials that are made available to download from this Site or otherwise provided to you (“Software”) is the copyrighted work of 82twelve and/or its licensors (if any). You must be a registered Mail Monitor subscriber in order to download and/or use the Software. Furthermore, your right to download and/or use the Software will be subject to the terms and conditions of the applicable end user subscription agreement (“82twelve Master Subscription Agreement”), which you must first agree to by clicking on the “I AGREE” prompt or by placing an order prior to creating an account. Any use, reproduction or redistribution of the Software not in accordance with such 82twelve Master Subscription Agreement is prohibited.
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and 82twelve may change or remove any description that it considers inappropriate or unlawful, or otherwise likely to cause 82twelve liability. You must immediately notify 82twelve of any unauthorised uses of your outline, your account or any other breaches of security. 82twelve will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
82twelve may from time to time set storage limits for your results, or take any other measures 82twelve considers appropriate to manage the Website. 82twelve will advise you of any such change, and may do so in any reasonable manner, such as posting a change on the screen you see when you log in to your mailmonitorapp.com account or via the “mailmonitorapp.com blog” accessible at mailmonitorapp.com/blog. If you exceed the storage limits, 82twelve may require you to reduce the storage you are using or pay an appropriate fee.
82twelve may post blog entries about its policy changes, and you may wish to check your application for 82twelve’s announcements about any such changes.
If you operate an account, contribute to an account, post material to the Website, post links on the Website, or otherwise make material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by 82twelve or otherwise.
If you delete Content, 82twelve will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, 82twelve has the right (though not the obligation) to, in 82twelve’s sole discretion (i) refuse or remove any content that, in 82twelve’s reasonable opinion, violates any 82twelve policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in 82twelve’s sole discretion. 82twelve will have no obligation to provide any refund of any amounts previously paid.
By selecting a paid service you agree to pay 82twelve the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a service and will cover the use of that service for a monthly or annual period as indicated. Service fees are not refundable.
82twelve has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, 82twelve does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. 82twelve disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which mailmonitorapp.com links, and that link to mailmonitorapp.com. 82twelve does not have any control over those non-82twelve websites and webpages, and is not responsible for their contents or their use. By linking to a non-82twelve website or webpage, 82twelve does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. 82twelve disclaims any responsibility for any harm resulting from your use of non-82twelve websites and webpages.
We are permitted to use the client’s name and logo for marketing purposes (i.e. make public on our website and in marketing material that the client’s company has or is using our products and services).
As 82twelve requires others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by mailmonitorapp.com violates your copyright, you are encouraged to notify 82twelve. 82twelve will, as it is able, respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of 82twelve or others, 82twelve may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, 82twelve will have no obligation to provide a refund of any amounts previously paid to 82twelve to any person in respect of any such termination.
82twelve, 82twelve Services, Mail Monitor, mailmonitorapp.com, the mailmonitorapp.com logo, and all other trademarks, service marks, graphics and logos used in connection with mailmonitorapp.com, or the Website are trademarks or registered trademarks of 82twelve or 82twelve’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any 82twelve, Mail Monitor or third-party trademarks.
The Website, including without limitation all content there available and these Terms and Conditions, may be changed at the sole discretion of 82twelve and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.
Except as otherwise expressly stated, all content posted to or available from the Website is provided “as is”, and 82twelve, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that 82twelve, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. If you’re actually reading this, here’s a treat. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
Except as otherwise expressly stated, in no event will 82twelve, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if 82twelve, its suppliers or its licensors were expressly advised of the possibility of such damages. In the event fees are paid for the use of the Mail Monitor site pursuant to paragraph 3, in no event will the aggregate liability for any and all of your claims against 82twelve, its suppliers and its licensors arising out of or related to use of the Website, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to 82twelve during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. The parties agree that this Section 11 represents a reasonable allocation of risk.
You agree to defend, indemnify and hold harmless 82twelve, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Website and Service, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
These Terms and Conditions constitute the entire agreement between 82twelve and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of 82twelve, or by the posting by 82twelve of a revised version on the Mail Monitor Website. Except to the extent of applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the United Kingdom. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may only assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by, the terms hereof in writing. 82twelve may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
30 days free on a new account
Mail Monitor offers a free 30-day trial on new pay accounts for each non-Enterprise service level.
Cancel within the first 30 days and you won’t be charged
If you cancel your paid account within 30 days of original signup then you won’t be charged.
Cancel after 30 days and you won’t be charged again
Once you cancel you won’t be charged again, but you are responsible for whatever charges have already been incurred for the current billing period. For example, if your billing cycle is on the 10th of every month, and you cancel on the 16th, you’ll still have to pay for the current month, but you won’t be charged again after that.
If you need a refund due to extenuating circumstances, get in touch with us to discuss further.
How do I cancel my account?
You can cancel your account at any time from the Account tab after signing in or by sending us a request