mxHero Inc. (“mxHero”), a Delaware incorporated company located in San Francisco, CA, provides users with an email enhancement service (the “Service”) pursuant to the terms and conditions set forth below (the “ToS”). By accepting these ToS, you enter into a legally binding agreement with mxHero Inc. (“Agreement”) and agree to respect the ToS and be bound by the Agreement.
Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of California, as if the Agreement was a contract wholly entered into and wholly performed within the State of California. You agree that any action to enforce this agreement or any matter relating to Your use of the Service must be brought exclusively in the United States District Court for the Northern District of California, or if there is no jurisdiction in such court, then in a state court in San Francisco County, State of California.
DESCRIPTION OF SERVICE
mxHero provides an email enhancement service (the “Service”). Depending on your domain’s configuration, this service can be used to process inbound, outbound and internal emails. Processing includes but is not limited to blocking, deleting, altering emails and their content, and file them in the selected cloud storage service. The intention is to provide you with a tool that may be useful in enabling security, monitoring, policy and enhancement of your organizations email service. mxHero shall not access, use or copy your data, but will keep a log of your accesses and attempted accesses.
CHANGES TO ToS
mxHero may from time to time change the ToS and will make any updated or additional terms available to you through the Service. A notice of change to ToS will be posted on the mxHero web site at least 30 days before new ToS will become effective. You agree that your continued use of the Service after the date on which the new ToS has become effective is to be regarded as an acceptance of the new ToS.
CHANGES TO SERVICE
mxHero may at any time augment or enhance the Service with new features, with or without prior notice, provided that this will not adversely affect your use of the service.
TERM AND TERMINATION
The Service is provided as a subscription based service. The initial length of the subscription period is chosen after the Trial Period and represents the term of the Agreement (“Term”). You may terminate the Agreement during the Trial Period, as described in “TRIAL PERIOD, FEE, AND PAYMENT”.
In order to maintain access to the Service, the subscription must be renewed before the expiry of the then-current subscription period, in which case the Term shall be extended accordingly. You may terminate the Agreement by not renewing the subscription to the Service. You shall not be entitled to claim any refund or compensation upon the expiry of the Term.
You may terminate the Agreement and claim refund of the subscription fee for the remainder of the then-current subscription period if mxHero materially breaches its obligations pursuant to this Agreement and fails to remedy such breach within 30 days after you notify mxHero of such material breach.
Additionally, you may terminate the Agreement if mxHero materially changes the Service or the ToS according to “CHANGES TO ToS”. Your notice of termination in such cases shall be sent to mxHero within 30 days of the notice of changes of ToS or Privacy Policy. mxHero will provide you with a refund in respect of the remaining period of the term.
mxHero may terminate the Agreement with 30 days prior notice. Upon such termination, you may be entitled to a refund corresponding to the then-remaining period of the Term. Whether you are entitled to a refund or not will be stated in the termination notice.
mxHero may terminate the Agreement immediately with written notice if you materially breach the provisions of this Agreement. You shall not be entitled to claim any refund or compensation if mxHero terminates the Agreement as a result of your material breach of the terms of the Agreement. Additionally, mxHero is entitled to claim compensation for any damages as a result of your breach of the provisions of the Agreement, provided that mxHero has mitigated its loss and produces evidence of such damages.
Upon termination of the Agreement or upon non-renewal of the subscription your access to the Service will be closed and all stored data will be subject to deletion.
TRIAL PERIOD, FEE, AND PAYMENT
The first 15 days of Term represent a Trial Period. You may use the Service during the Trial Period to determine whether it suits your needs. Prior to expiry of the Trial Period, you shall pay for the Service in order to maintain access to your account. If no payment for the Service is received prior to the expiration of the Trial Period, mxHero may close your access to the Service and the Agreement shall terminate upon such closure of access to your account.
The subscription fee for the Service is provided on the mxHero web site. mxHero may at any time modify the subscription fees by updating the price plans on the mxHero web site. The modified fees shall only apply to you if you decide to renew the subscription to the Service.
LIMIT; STORAGE SPACE; OUTAGES
mxHero has set no fixed upper limit on the number of messages you may send or receive through its Service. However, mxHero retains the right, at mxHero’s sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our Service and to protect our computer systems. If this is the case, mxHero shall provide 30 days notice in writing, and you shall have the right to terminate in accordance with paragraph 4 - Term and Termination.
mxHero’s electronic mail service is subject to scheduled and unscheduled maintenance which will impact your ability to use the Service.
DELETION OF EMAIL; TERMINATION OF SERVICE
mxHero assumes no responsibility for the deletion of or failure to store, deliver, or deliver in a timely manner email messages. In addition, if you transfer your domain name record to a third party, you may no longer be able to use the Service. If your Service is terminated or cancelled, any emails or other content in your account may be permanently deleted. mxHero will not refund fees, if any, you have paid for the Service, any email-dependent services, upgrades or enhancements thereto, if you elect to terminate your Service.
MONITORING; RESTRICTION OF TRANSMISSIONS
You agree not to resell the Service, without the prior express written consent of mxHero. mxHero will not monitor, edit or disclose the contents of your private communications with third parties unless required to do so by law or in the good faith belief that such action is necessary, following an opinion from mxHero's legal advisors, to: (i) conform to the law or comply with legal process served on mxHero; (ii) protect and defend the rights or property of mxHero or its customers; or (iii) act under exigent circumstances to protect the personal safety of our customers or the public. You agree that mxHero shall under no circumstances be held liable on account of any action it takes, in good faith, to restrict transmission of material that it or any user of Service considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.
USER CONDUCT
You acknowledge and agree 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 mxHero, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. mxHero does not access nor store any content except to the extent necessary to provide the service. Furthermore, mxHero does not endorse or control the Content transmitted or posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. You agree not to use the Service to violate these Terms of Use or to otherwise engage in or assist or encourage others to engage in improper, questionable, infringing, illegal, harassing or abusive conduct, including, without limitation, using the Service to:
- upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, in our sole discretion;
- harm minors in any way;
- transmit the same message multiple times, or to an overly large number of recipients;
- use “robots” or otherwise gaining access to any person’s email address for the purposes of sending unsolicited or unauthorized material;
- upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, publicity or other proprietary rights of any party;
- upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas of the Service that are designated for such purpose;
- upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally, violate any applicable local, state, national or international law, including, but not limited to, the CAN SPAM Act and any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “Crush” sites;
- Distribute or otherwise publish approval, any material containing any solicitation of funds, promotion, advertising or solicitation of goods or service; or
- engage in any other questionable marketing or promotional behavior.
- mxHero may investigate any and all suspected violations of the above, including reviewing your account activity. You acknowledge and agree that mxHero without notice, in its sole discretion, may suspend, modify or terminate your Service if your conduct is found, in mxHero’s sole estimation, to be unlawful, inconsistent with, or in violation of, these Terms of Use or any other mxHero terms, conditions, rules and/or policies. mxHero may also engage in legal action against you and may cooperate with law enforcement agencies, including international agencies, to prosecute users involved in violations of the above, whereby such violations may constitute a violation of certain federal and state laws, including, but not limited to the Federal Computer Fraud and Abuse Act.
- mxHero may also engage in the following to stop spam activity:
* Allow our users to flag messages as spam, and using that data to block certain senders from our network;
* Scanning incoming and outgoing messages through an anti-spam engine;
* Limiting the number of outgoing messages that a user can send in a fixed period of time; and
* Employing a number of global filters that block spam at the perimeter.
You acknowledge that any Content contained in either sponsor advertisements, or Internet-distributed, commercially produced information presented to you through use of the Service by mxHero, mxHero’s advertisers, or other mxHero users may be protected by copyrights, trademarks, patents or other proprietary rights and laws; therefore, you are only permitted to use this protected Content as expressly authorized by the owner of the Content (the “Owner”), mxHero or the advertiser. You may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Owner, the mxHero or the advertiser.
mxHero welcomes and appreciates assistance in addressing the problem of spam. This will result in our investigation and potential blocking of the sender of the offending message. Anyone that has received an unwanted spam message from an address that appears to be originating from mxHero should report the situation to mxHero immediately at abuse@mxhero.com. mxHero will investigate and immediately suspend the sender’s account if we determine the complaint to be legitimate. Additionally, mxHero may proactively block any email address that is suspected of spam activity. While this may cause some inconvenience to our users in receiving email, mxHero believes that prevention of further spam activity is important and appreciates user understanding in this regard.
