Terms of Service
By accessing and using this website “emailoversight.com” or any other sub-domains provided by EmailOversight, Inc., you (“Customer”) accept and agree to be bound by the terms and provision of this agreement. In addition, when using this website's particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. In this agreement Customer and EmailOversight shall also be individually referred to as a “Party” and collectively referred to as the “Parties”.
ANY PARTICIPATION IN THIS SITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS SITE OR ANY SERVICES PROVIDED BY EMAILOVERSIGHT.
1. ELIGIBILITY
1.1. To use EmailOversight, You must: be at least eighteen (18) years old; complete the registration process; agree to the Terms; and provide true, complete, and up-to-date contact information.
By using EmailOversight, You represent and warrant that You meet all the requirements listed above. EmailOversight may refuse service, close accounts of any users, and change eligibility requirements at any time.
2. MONTHLY PLANS
2.1. Our charges for monthly plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. If You go over tier usage and reach another pricing level, then You’ll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, You’ll still be required to make one payment at the higher level. There is a minimum of $20 account maintenance fee in case of no account activity. Minimum charge amount is $20.
3. REFUNDS
3.1. EmailOversight will issue a refund for a prepaid month if we stop providing our Service to You for a reason that’s not laid out in these Terms. You won’t be entitled to a refund from us under any other circumstances. EmailOversight may offer a refund if a Customer applies, on a case-by-case basis.
4. LICENSE AND SERVICE
4.1. Subject to the terms and conditions of this Agreement, and provided that all fees have been paid by Customer for the Services, EmailOversight hereby grants Customer a non-exclusive, non-transferable, worldwide right to access the Services, solely for Customer’s internal business purposes.
4.2. Customer will comply with all applicable laws and regulations in connection with Customer’s use of the Service. Customer will not use the Service to post or transmit any illegal material. In particular, Customer shall not:
- 4.2.1. Modify, adapt, translate, or create a derivative work of any part of the Service;
- 4.2.2. Disclose the results of any benchmarking of the Service;
- 4.2.3. Copy, reproduce or duplicate the Service;
- 4.2.4. Decompile, disassemble, or reverse engineer the Service;
- 4.2.5. Engage in monitoring or interception of data not intended for Customer;
- 4.2.6. Attempt to circumvent authentication or security of any host, network, or account.
4.3. Customer is responsible for all uses of the Service through access thereto by Customer. Customer shall defend, indemnify, and hold harmless EmailOversight from any claims, loss, or liability arising from Customer’s use of the Services.
4.4. Customer will create a password and account. Customer is responsible for maintaining the confidentiality of the password and account and for all activities that occur under its account.
4.5. Customer represents and warrants that all data sent to EmailOversight has been legally obtained and that its use is not in violation of any laws.
5. TERM
5.1. The term of this Agreement shall commence on the Effective Date and shall continue in effect until terminated by either Party with thirty (30) days prior written notice.
5.2. Either Party may terminate this Agreement effective upon written notice if the other Party has breached any material provision and failed to cure it within the thirty (30) day period.
5.3. This Agreement shall terminate immediately should either Party become insolvent.
6. NON-DISCLOSURE
6.1. The Parties agree that Confidential Information received from the other Party shall be kept confidential. This information includes all data provided under this Agreement.
6.2. Confidential Information shall not include information that becomes part of the public domain or is rightfully received from a third party without breach of an obligation of confidentiality.
6.3. Each Party agrees to hold the other Party’s Confidential Information in strict confidence and disclose it only to employees or permitted third-parties with a legitimate need to know.
7. GENERAL
7.1. If any term of this Agreement is found invalid, illegal, or unenforceable, the remainder will remain in full force and effect.
7.2. This Agreement shall be interpreted under the laws of the State of California.
7.3. Neither the rights nor the obligations under this Agreement may be assigned without the prior written consent of the other Party.
7.4. The Customer shall be responsible for complying with applicable laws in any nation or political subdivision.
7.5. Any provisions which must survive to give effect to their meaning shall survive the completion, expiration, or termination of this Agreement.
Data Processing Addendum
This DPA shall be effective from May 25th 2018 and will be combined with EmailOversight’s Terms and Conditions for compliance with the General Data Protection Regulation.
YOU, YOUR COMPANY and any AFFILIATED approved by you (“Controller”) will submit email addresses for email verification services. EmailOversight, Inc (“EmailOversight”) will process these email addresses on behalf of Controller.
Agreed Terms
- Only process the Personal Data on behalf of Controller in accordance with documented instructions provided by Controller.
- Process the Personal Data in accordance with Applicable Privacy Law.
- Apply appropriate security measures to safeguard the Personal Data from unauthorized access or loss.
- Keep the Personal Data confidential and not disclose it to a third party without prior written approval.
- Inform Controller in the event of exercise by data subjects of their rights under Applicable Privacy Law.
- Assist Controller in ensuring compliance with obligations such as notification of a Data Security Breach.
The Parties acknowledge that
- Subject matter of the processing: The processing of email addresses for providing services.
- Duration of the processing: EmailOversight shall possess email addresses as long as necessary for the obligations under the Agreement.
- Nature and purpose of the processing: Processing as necessary to provide services as instructed by Controller.
- Type of Personal Data being processed: The email addresses submitted by Controller.
- Categories of data subjects being processed: Controller’s prospective, current, and former customers’ email addresses.