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1. INBOXHQ TERMS OF USE
InBoxHQ is a d.b.a. for NetHere Inc. of San Diego, California. Our office address is 4993 Niagara Ave. Ste. 200., San Diego, CA 92107. All references to InBoxHQ refer to NetHere Inc. For purposes of these Terms of Use, InBoxHQ is either “we”, “us”, or “Provider”. The user in their own capacity, their agents, and employees are “you” or “User”. Together, both are known as the “Parties”.
YOUR AFFIRMATIVE ACT OF USING INBOXHQ SIGNIFIES THAT YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT START USING INBOXHQ. FAILURE TO ABIDE BY THESE TERMS OF SERVICE MAY SUBJECT THE USER TO DAMAGES, TERMINATION OF THE ACCOUNT, AND LOSS OF DATA. WE RESERVE THE RIGHT TO MAKE DETERMINATION OF VIOLATION IN OUR SOLE AND ABSOLUTE DISCRETION. ACCOUNT TERMINATION OR SUSPENSION MAY COME WITHOUT WARNING OR RECOURSE.
2. CHANGES TO THE TERMS OF USE.
We may change these Terms of Use at any time and without advanced written notice. The applicable policy will always be posted at www.inboxhq.com/policies/terms.php. You are responsible for checking these terms periodically for changes and should do so before each use of InBoxHQ. Continued usage of InBoxHQ after changes in the Terms of Use signifies your acceptance of any new terms.
3. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT.
You agree that we may provide to you required notices, agreements and other information concerning InBoxHQ electronically. We will post the notices on the home page of InBoxHQ or sent the relevant information to an e-mail address that you have designated.
4. CHANGES TO INBOXHQ.
We may discontinue or change any service or feature of InBoxHQ at any time, without notice, and without compensation or refund to you.
5. PERMISSIBLE USE ONLY.
You may use InBoxHQ for lawful purposes only. You may not submit or transmit to InBoxHQ any material, or otherwise engage in any conduct that:
- violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
- impersonates any person, business or entity, or represents any deceptive or fraudulent act;
- contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- interferes with the use of InBoxHQ by others;
- abuses system resources including but not limited to hacking, pinging, flooding, spoofing, or other malicious activity;
- violates these Terms of Use.
6. NO SPAM.
You may not use InBoxHQ or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications.
7. SECURITY.
You are responsible for any misuse of your account, even if a friend, family member, guest or employee committed the inappropriate activity. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another server resource or network.
Your password provides access to your account. It is your responsibility to keep your password secure. Passwords must contain at least six characters, and should contain at least one number or symbol, should contain both uppercase and lowercase letters, and should not be based on any word found in the dictionary or on any personal information (name or birth date, for example). Your password should not be the same as your user id.
Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
You may not attempt to circumvent user authentication or security of any host, network or account ("cracking"). This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. You may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
Users who violate systems or network security may incur criminal or civil liability. InBoxHQ will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
8. USE OF SOFTWARE.
We may make software available for you to download or use. We grant you a personal, non-exclusive, non-transferable, limited license to access the InBoxHQ system. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our suppliers. You may not sell or redistribute the software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.
9. DISCLAIMER OF WARRANTIES.
We provide InboxxHQ service “AS IS”, “WITH ALL FAULTS” and “AS AVAILABLE.” We and our suppliers make no express warranties or guarantees about INBOXHQ.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF INBOXHQ IS AT YOUR SOLE RISK.
TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT INBOXHQ AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH US ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT INBOXHQ WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF INBOXHQ, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, OR ACCURATE. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE INBOXHQ AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN INBOXHQ REPRESENTATIVE SHALL CREATE A WARRANTY.
YOU ASSUME FULL RESPONSIBILITY AND INBOXHQ RETAINS NO LIABILITY FOR THE LOSS OF DATA FOR ANY REASON.
YOU ASSUME FULL RESPONSIBILITY AND INBOXHQ RETAINS NO LIABILITY FOR THE COMPROMISE OF DATA DUE TO THIRD-PARTY HACKING OF ANY SYSTEM.
YOU ASSUME FULL RESPONSIBILITY AND INBOXHQ RETAINS NO LIABILITY FOR THE COMPROMISE OF DATA DUE TO DATA LOSS ASSOCIATED WITH EQUIPMENT FAILURE.
10. LIMITATION OF LIABILITY.
YOU AGREE THAT THE LIMIT OF ALL DAMAGE CLAIMED BY YOU FOR ANY REASON AGAINST INBOXHQ, OUR AFFILIATES, MANAGEMENT, AGENTS, OWNERS AND SUPPLIERS, SHALL BE A REFUND OF ACTUAL AMOUNTS PAID BY YOU TO US. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR PARENT AND OUR SUPPLIERS FOR ANY AND ALL CLAIMS RELATING TO THE USE OF INBOXHQ EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
TO THE EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES, MANAGEMENT, AGENTS, OWNERS, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON INBOXHQ. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
11. INDEMNIFICATION.
You agree to defend, indemnify, and hold harmless us, other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of InBoxHQ or any for our cost of enforcement of these Terms of Service. You agree to make payment for these indemnified actions promptly on an as-incurred basis.
12. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.
You agree that the laws of the State of California govern this contract and any claim or dispute that you may have against us, without regard to your state’s or California’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in San Diego, California, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, LOCAL, STATE OR FEDERAL COURTS IN THE STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF CALIFORNIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
13. SEVERABILITY AND INTEGRATION.
This contract, and any supplemental terms explicitly agreed to in writing between authorized employees of the parties citing modification to these Terms of Use, constitute the entire agreement between you and us. All previous written or oral agreements are agreed by you and us to be null and void. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
14. PAYMENT POLICIES.
Automated credit card or check debit processing will be automatically renewed on your Account expiration date, unless account is cancelled 72 hours in advance of the expiration date. If cancellation request has not been confirmed prior to 72 hours, InBoxHQ is not responsible for auto processing charges, and customer agrees to accept responsibility with bank or Credit Card Company. It is your responsibility to request corrections to any processing fees that occur after receiving your credit card/bank statement. No charges will be reviewed after 60 days from the day of challenge. Delinquent accounts will be placed on "hold" and may not be used until the account is brought up to date. Once account is placed on "hold" InBoxHQ cannot guarantee a user's mail file will be unaffected. For annual account holders only: Should you cancel your annual account prior to the anniversary of your service start date, your refund will be prorated at the standard monthly rate.
Non-renewed accounts that are unpaid after 14 days will be deleted. Deleted/terminated accounts may be reinstated upon payment of any outstanding charges, however, your account and all data may have been erased from our systems. If we are able to recover the account and information, there will be a $100 reactivation fee to reinstate a terminated account. Interruption of accounts does not relieve you from past due charges. After termination of account InBoxHQ Inc does not guarantee reservation of previous login or retention of data. All cancellation requests must be sent to NetHere by certified mail, or you must receive written confirmation from NetHere confirming cancellation to be effective.
15. TERMINATION.
Your right to use InBoxHQ automatically terminates if you violate these Terms of Use. We also reserve the right, in our sole discretion, to suspend your access to all or part of InBoxHQ, if you are delinquent in payment, with or without notice.
However, termination of your right to service does not limit or change our mutual rights or obligations under these Terms of Use. Our limitation of liability and your responsibility for past balances and indemnification of us survives any termination of service. Specifically sections 1 through 15 survive any termination and continue to govern any interaction between the Parties.