Terms of Service

General

This Agreement is entered into by and between DATABANK, INC of Delaware, a United States company that operates the myaddress.io website, and you or the entity that you represent

• 1. This website provides an Email Hosting Platform refered here as "Services"
• 2. The terms "We", "Us", "Our" shall refer to company DATABANK, INC of Delaware, United States that operates this Services.
• 3. Email Hosting Terms of Service agreement ("Agreement") is elaborated and may be reviewed from time to time in order to set forth the rules and conditions of Your use of our Services.
• 4. In this Agreement "You" and "Your" refer to You as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf.
• 5. By using the Services, You acknowledge and covenant to abide by the below terms and conditions, along with any new, different or additional terms, conditions or policies found in the Legal section of our web site.
• 6. Your continued use of the Services constitutes Your agreement to all such terms, conditions and notices.
• 7. We shall have no liability to You or any other person for Your use of Services in violation of these terms.

Account Setup

• 1. You expressly understand that the Services require to be linked to a domain name to be operational.
• 2. By purchasing Services You imply that the associated domain name belongs to You or You possess the domain access rights.
• 3. It is mandatory to prove that yo have domain access rights in order to link the Services to a domain name.
• 3. You understand that in order for Us to be able to provide Services, you are required to make further configurations into your domain.
• 4. You understand that Services functionality may be technically limited in the means of domain configurations.
• 5. When you sign up for an account for your organization you may specify one or more administrators.
• 6. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account.
• 7. You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts.
• 8. If your organization account is created and configured on your behalf by a third party, make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account.

Provisions and Lmitations

• 1. You acknowledge that We may introduce general practices and limits toward use of the Service, including but not limited to the maximum number of days that email messages are retained by the Service, the email outgoing and incoming restrictions, the maximum size of an email message or file attachment that may be sent from or received by an account, the maximum disk space that will be allotted to You on our servers.
• 2. You agree that We are not responsible or liable for the deletion or failure to store any messages or other communications received or transmitted using the Services.
• 3. You further acknowledge that We retain the right to change these general including but not limited practices and limits at any time in accordance with the 'Modification Terms' section of this Agreement below.
• 4. Each of Your email accounts is limited in its allocated resources (including but not limited to email and file storage) in accordance with the subscription plan.
• 5. You acknowledge and understand that Your account is limited in outgoing emails to the following number of emails: 100 emails per domain user per 24 hour period
• 6. We may decrease this limit, at our sole discretion, should we suspect abuse and/or by queuing Your email messages internally, or by temporarily rejecting requests to send email through our services.
• 7. We may block any message You attempt to submit using our services, for any reason whatsoever, with or without notifying You of such blocking. Under no circumstances will We be liable to You or any other party for any indirect, special, economic or consequential damages (including without limitation lost profits) arising out of email blocking or queuing.
• 8. The following limits also apply to additional services: maximum number of contacts in address book 10,000; maximum number of email folders 100; maximum number of files in drive 50,000;

Security

• 1. You are responsible for security of Your password an should ensure the confidentiality of it.
• 2. You should take all due precautions to provide any sensitive information over a secure communication channel.
• 3. You are entirely responsible for maintaining the confidentiality of Your Account access credentials (including but not limited to Your customer username/login, support pin code, password) and account information.
• 4. At all times, You shall bear full risk of loss and damage to Your email account and all of Your content.
• 5. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your content transmitted through or stored on the server.
• 6. You shall be solely responsible for undertaking measures to prevent any loss or damage to Your content and ensure the security, confidentiality and integrity of Your email content transmitted through or stored on Our servers.
• 7. We will not change passwords to any account without proof of identification, which may include written authorization with signature.

Legal

• 1. In the event of any partnership break-up or other legal problems that includes You, You understand that We will remain neutral and may put the account on hold until the situation has been resolved.
• 2. Under no circumstances will We be liable for any losses incurred by You during this time of determination of ownership, or otherwise.
• 3. You agree to defend (through counsel of Our choosing), indemnify and hold US harmless from any and all claims arising from such ownership disputes.

Content and Data Availability

• 1. You understand that all information, data, text, software, music, sound, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted to You or by You through the Services, are the sole responsibility of the person from whom such Content originated.
• 2. You are entirely responsible for all Content You upload, email, transmit or otherwise make available via the Services.
• 3. We shall exercise no control over the content transmitted via the Services and, as such, we do not guarantee or accept responsibility for its accuracy, integrity or quality.
• 4. You understand that by using the Services, You may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will We be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content uploaded, emailed, transmitted or otherwise made available via the Services.
• 5. We have no obligation to monitor the content transmitted via the Services.
• 6. We do not make backups of you Content
• 7. It is Your responsibility to maintain local copies of Your account content and information.
• 8. You are entirely responsible for data loss that occurs due to Your negligence in securing Your account or by any other Your action.
• 9. If loss of data occurs due to an error from Us, We will attempt to recover the data for you but offer no guarantee.
• 10. You also agree that any data that is placed in your Trash folder is subject to permanent delete.

USER OBLIGATIONS AND PREVENTATIVE MEASURES

By using the Services You acknowledge You are bound to perform contractual obligations deriving from this Agreement and follow generally accepted rules of "Netiquette".
We may take preventative or corrective actions, at Our sole discretion, in response to any of the activities described in this Agreement.

Prohibited Activities

By using any Services, provided by Us You agree not to misuse the Services. For example, you must not and must not attempt to:

• 1. violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
• 2. make, attempt or allow any unauthorized access to Our web site, servers, Your own account or the account of any other of our customers.
• 3. cause denial of service attacks or other endangering and invasive procedures against Our servers and facilities.
• 4. probe, scan, or test the vulnerability of any system or network
• 5. breach or otherwise circumvent any security or authentication measures
• 6. interfere with or disrupt any user, host, or network, for example by sending a virus, overloading any part of the Services
• 7. plant malware or otherwise use the Services to distribute malware
• 8. access or search the Services by any means other than our publicly supported interfaces (for example, 'scraping')
• 9. publish anything that is fraudulent, misleading, or infringes another's rights
• 10. upload or transmit unacceptable material, sale of any controlled substances, engage in the sale or distribution of prescription medication without a valid prescription
• 11. promote or advertise products or services other than your own without appropriate authorization
• 12. impersonate or misrepresent your affiliation with any person or entity
• 13. publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred
• 14. engage in or to instigate actions that cause harm to Us or other customers including but not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database.
• 15. violate the law in any way, or to violate the privacy of others, or to defame others
• 16. Any material that in Our judgment is either obscene or threatening is strictly prohibited and will be removed from Our servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund.
• 17. You agree that We have the sole right to decide what constitutes a violation of the Acceptable Use Policy as well as what is the appropriate severity of any corrective action to be applied.
• 18. In the event that a violation of the Terms of Service or Acceptable Use Policy is found, We will take corrective action upon Our own discretion and will notify You.
• 19. Our decision in such case is binding and final, and cannot be a subject of a further change.
• 20. We cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Us or any other third party.
• 21. We have the right to terminate each and any account that has been locked for abuse reason for more than 14 calendar days after the lock date, unless You have taken corrective measures to remove the initial lock threat or violation.
• 22. Any Content of the email account will be permanently deleted upon termination with no refund.
• 23. We will not be liable for any loss or damages in such cases.

Normal operation and provision of the Services does not imply Us interfering or monitoring of the content associated with the Services, but You acknowledge that We have the right (but not the obligation) in Our sole discretion to refuse, delete or move any such email, file, or associated content that is available via the Services if it violates the Agreement, in our sole discretion, to be otherwise objectionable.

Anti-Spam Policy

You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to Us. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited.
We prohibits the following activities listed without limitation hereunder:

• 1. Usage of the Our network and systems to receive replies to unsolicited mass e-mail messages.
• 2. Transmission of any unsolicited commercial or bulk email, engagement in any activity known or considered to be spamming or Mail Bombing.
• 3. Inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
• 4. Forgery of e-mail headers (i.e. "spoofing").
• 5. Forgery of the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
• 6. Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
• 7. Configuring mail servers to accept and process third-party emails for sending with no user identification and/or authentication.
• 8. Engagement in spamvertising or provision of any services that support spam.
• 9. Advocating any activities prohibited by this Agreement.

If We determine any facts constituting that You have deliberately or recklessly used Our Services for sending of SPAM e-mail messages, We reserve the right to terminate Your account. You further agree that in the event We determine that You have deliberately or recklessly engaged in SPAM activity We may share information regarding Your activities, including but not limited to Your identity, with the various anti-SPAM organizations and/or blacklists. We take all SPAM issues extremely seriously and will take redress of such activity whenever We deem necessary.

PAYMENTS

Payment Cycle and Renewal

• Your billing date will be determined based on the day You purchased the Services and the payment cycle plan.
• We will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at then current rates.
• Renewal fees after the initial term shall be due and owing immediately upon the first day of such renewal period.
• We shall not be held responsible or liable in the event You fail to take the necessary steps to renew the Service.
• You shall assume sole responsibility for renewing Your Services.
• Overdue balance shall lead to Your email account lock and, as a result, access to the Services will be limited.
• If the outstanding balance is not paid by You within 90 days after the billing date of Your Service We reserve the right to terminate Your Service with automatic deletion of Your account content.
• In order to reactivate the Service the outstanding balance is to be remitted in full.

Termination and Refund Policy

• 1. You can cancel the Services at any time from your access panel or by submitting a cancellation request via the Help-desk support system.
• 2. This Agreement may be terminated by Us at any time, without prior notice and all payments forfeited, if, in Our judgment, You are in violation of any terms or conditions herein.
• 3. This Agreement may be terminated by Us in Our sole judgment if Your use of the Services places or is likely to place unreasonable demands upon Us or could disrupt Our business operations.
• 4. In the event of termination or suspension of Services under any circumstances, You agree that no prepaid fees will be refunded to You.
• 5. You agree that upon termination or discontinuance for any reason, We may delete all information related to You on the Services.

Data Ownership

• 1. You own the Content created or stored by You.
• 2. Your use of the Services does not grant Us the license to use, reproduce, adapt, modify, publish or distribute the content created by You.
• 3. You grant Us permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.

We reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services with or without notice. You agree to be bound by any changes We may reasonably make to this Agreement when such changes are made. If You have purchased Services from Us, the terms and conditions of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. By continuing to use the Services after any revision to this Agreement or change in services, You agree to abide by and be bound by any such revisions or changes. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services.