MAILHAWK.io, along with its associated website (“Website”), is owned and operated by MAILHAWK, INC. MAILHAWK.IO provides email delivery services to ensure increased inbox placement, better conversion rates, and better email delivery (“Services”). MAILHAWK.IO makes these Services available through its Website, as defined below, subject to these terms and conditions (“Agreement”). Please take the time to review this Agreement in full as it controls and governs your relationship with MAILHAWK.IO and your use of the Website and Services,.
BY USING THE WEBSITE OR SERVICES, YOU AGREE AND MANIFEST YOUR ASSENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND YOU ARE REQUIRED TO READ ALL SECTIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF THE WEBSITE AND DELETE ANY ACCOUNT THAT YOU MAY HAVE CREATED WITH THE WEBSITE. MAILHAWK.IO RESERVES THE RIGHT TO AMEND, MODIFY, REPLACE, OR SUSPEND THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THE WEBSITE OR SERVICES AFTER MAILHAWK.IO AMENDS, MODIFIES, OR REPLACES THESE TERMS CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE AMENDED, MODIFIED, OR REPLACED TERMS. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) OR THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU ARE EXPRESSLY PROHIBITED FROM USING THIS WEBSITE.
You warrant that you are age eighteen (18) or over, or that you are of the age of majority within your jurisdiction. You further warrant that you are of sound mind, have the capacity to contract, and are competent to agree to be bound by and comply with the terms of this Agreement. You warrant that your use of the Website and Services does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals located in the jurisdiction in which you live. You warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting Agreement. If you are accessing the Website and Services on behalf of a governmental organization, non-governmental organization, or business entity, you warrant that you are an authorized agent that has the authority to and can bind said governmental organization, non-governmental organization, or business entity to the terms of this Agreement.
Ownership of Intellectual Property
MAILHAWK.IO is the owner of all rights in and to the Website and Services and associated content, including, but not limited to, copyright rights, trademark rights, patent rights, rights of publicity and privacy, trade secret rights, and any other personal or proprietary rights. The Website is subject to copyright and other intellectual property rights, and MAILHAWK.IO provides you with the right to use the Website on a limited basis and subject to the terms of this Agreement. You are expressly prohibited from using the Website for any purposes not stated in this Agreement.
MAILHAWK.IO is the owner of the MAILHAWK.IO mark, which is a registered or common law trademark, design mark, and trade name of MAILHAWK.IO. MAILHAWK.IO is also the owner of all rights in and to the visual appearance, shape, color scheme, selection and arrangement, layout, and look and feel of the Website, which constitutes the trade dress of MAILHAWK.IO. You are prohibited from using MAILHAWK.IO’s trademarks, service marks, design marks, logos, trade dress, or trade names, or any colorable imitation thereof, whether on a website, on a product or service, in a domain name, in pay-per-click advertising, or otherwise, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services. All other trademarks, service marks, design marks, logos, trade dress, or trade names displayed on the Website are the property of their respective owners.
MAILHAWK.IO hereby provides you with a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to use the Website and Services for its customary and intended purposes. Use of the Website, Website and Services for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in immediate termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to MAILHAWK.IO.
You understand and agree that you are not receiving any ownership interest in the Website and Services apart from the licenses granted under the specific terms and conditions of this Agreement.
Overview of the Services and Subscriptions
This Subscription is personal in nature and not for commercial use outside of your business. You are prohibited from assigning, subleasing, or otherwise transferring your Account, as defined below, or Subscription outside of your business.
MAILHAWK.IO reserves the right to make changes to its Website and Services from time to time. While MAILHAWK.IO will take commercially reasonable efforts to make all changes with as minimal impact to you as possible, you understand that MAILHAWK.IO retains full discretion to update, change, suspend, terminate, or discontinue the Website and Services for any time without prior notice to you.
While MAILHAWK.IO attempts to provide accurate information related to the available products offered, it does not warrant that product descriptions or any other content on the MAILHAWK.IO website is accurate, complete, reliable, current or error-free. If a product offered is not as described, please reach out to us via our contact page on the website.
Member Accounts and Communication
MAILHAWK.IO requires Members to register an account (“Account”) to sign up for MAILHAWK.IO Subscriptions. Only you, or someone with your permission, may use your Account. You agree that, in registering an Account, you will provide MAILHAWK.IO with accurate, complete, relevant, and current information. You are solely responsible for maintaining the security and confidentiality of your username and password, and for any access to your Account, whether authorized or unauthorized. In the event your Account is accessed without your authorization, you agree to immediately provide notice to MAILHAWK.IO. By creating an Account, you agree that MAILHAWK.IO may contact you by any available means, including, but not limited to, email. You understand and agree that you may opt out of future correspondence from MAILHAWK.IO by either clicking the unsubscribe link within the e-mail sent to you by MAILHAWK.IO, or by terminating your Account.
Billing, Payment, Subscription and Cancellation
You agree to pay for the selected Subscription package as described on the Website. Each package includes a certain amount of Credits that correspond to the size of the email list in need of MAILHAWK.io’s Services. Advanced payment is required and all pricing is in U.S. Dollars. No refunds are permitted.
MAILHAWK.IO encourages you to maintain a current, unexpired, credit card in our system to maintain continuity of service. You agree to pay your account balance on time and any payment not timely received is payable to MAILHAWK.IO on demand. Failure to complete a timely payment may result in the termination or suspension of your Account or Subscription. Your purchase may be subject to local sales tax and/or other applicable taxes.
MAILHAWK.io strives to provide outstanding customer support but cannot specifically guarantee MAILHAWK.io’s immediate availability at any given time. You understand and agree that while MAILHAWK.io will make reasonable efforts to handle your support issues, if any, MAILHAWK.io is not making any guarantees or warranties regarding the immediacy of service or support provided.
Restrictions on Use of the Website and Services
You are expressly prohibited from making any use of the Website and Services outside of those uses explicitly stated under the terms of this Agreement. You explicitly agree not to reproduce, prepare derivative works of, distribute, perform publicly, display publicly, scrape, frame, hack, reverse engineer, crawl, or aggregate the Website and Services whether in whole or in part, without the prior written consent of MAILHAWK.IO. The following is a non-exhaustive list of prohibited conduct, which shall be determined in MAILHAWK.IO’s sole discretion:
- Imposing a disproportionate load on the Website and Services, or related server infrastructure, or otherwise attempting to interfere with the operation of the Website and Services;
- Using the Website and Services, or allowing other to do the same, to obtain access to email addresses to send unsolicited emails
- Circumventing MAILHAWK.IO’s technological or security protection mechanisms;
- Using a robot, spider, scraper, or other automated technology to access the Website and Services;
- Attempting to gain access to the private data or personal information of a user or the Website and Services or a third party;
- Harassing a user of the Website and Services; and
- Use the Website and Services for any unlawful manner.
- Your Content
You are responsible for, and own all right and title to, user-generated content used in association with MAILHAWK.IO’s Website and Services including, but not limited to, text, photographs, images, comments, videos, audio files, personal data, profile information, name, likeness, advertisements, listings, information, and designs (collectively “User-Generated Content”). You grant MAILHAWK.IO a non-exclusive, irrevocable, royalty-free, worldwide, and perpetual license to use the User-Generated Content for the customary and intended purposes of the Website and Services. You agree to waive all moral rights in and to your User-Generated Content across the world, whether you have or have not asserted moral rights in or to your User-Generated Content. You will maintain an adequate backup on your User-Generated Content and MAILHAWK.IO will not be responsible for any loss of data or your failure to maintain secure backups.
You will not provide MAILHAWK.IO any “special categories of data” as defined by Article 9 of the General Data Protection Regulation (GDPR) (EU) 2016/679, or any other data related to a personal nature such as social security numbers, passport numbers, driver’s license numbers, or information subject to The Health Insurance Portability and Accountability Act of 1996 (“HIPPA”).
MAILHAWK.IO reserves the right to access, review, collect, and derive non-personal information from your User-Generated Content as a result of your use of the Website and Services in order to continually provide, update, maintain, and improve the Website and Services (“MAILHAWK.IO Data”). MAILHAWK.IO retains all ownership rights in the MAILHAWK.IO Data and you understand and agree you are not entitled to any compensation as a result of MAILHAWK.IO’s use of the MAILHAWK.IO Data.
The Website and Services are © 2020 MAILHAWK.IO.
If you believe that content on this Website infringes your copyrights, you may provide MAILHAWK.IO a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act.
This notice of copyright infringement must contain the following:
- The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work(s) alleged to have been infringed;
- The location of the copyrighted work(s) on the Website;
- Your contact information, such as an address, telephone, fax number, or email address;
- A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
Copyright infringement notices must be emailed to us at: firstname.lastname@example.org
Third Party Links
Term and Termination
This Agreement will remain in full force and effect until terminated under the terms of this Agreement. Your termination of your Subscription will not terminate any obligation that you may have to make payment to MAILHAWK.IO for amounts due and owing. MAILHAWK.IO may terminate this Agreement without liability at any time, without notice, and for any reason, including, but not limited to, for your violation of a term or condition of this Agreement.
MAILHAWK.IO also reserves the right to suspend your access to your Account, and the Website and Services without notice based on your breach of this Agreement, including, but not limited to, the failure to timely make required payments.
Disclaimer of Warranties
MAILHAWK.IO PROVIDES THE WEBSITE AND SERVICE ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, ACCURACY, OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND SERVICE IS AT YOUR SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY TO UNDERSTAND YOUR RIGHTS UNDER THE LAW.
Limitation of Liability
MAILHAWK.IO WILL NOT BE HELD LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, DAMAGES, JUDGMENTS, LIABILITIES, COSTS, CHARGES, OR FEES, INCLUDING ATTORNEYS’ FEES, WHETHER IN TORT, CONTRACT, PERSONAL INJURY, OR STRICT LIABILITY, INCLUDING, BUT NOT LIMITED TO, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, INCIDENTAL DAMAGES, STATUTORY DAMAGES, SPECIAL DAMAGES, OR PUNITIVE DAMAGES, EVEN IF MAILHAWK.IO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MAILHAWK.IO DOES NOT AND CANNOT GUARANTEE 100% UPTIME OF THE WEBSITE AND SERVICE AND YOU AGREE MAILHAWK.IO IS NOT RESPONSIBLE FOR ANY DAMAGES WHATSOEVER IN CONNECTION WITH ANY INTERRUPTION OF SERVICES PROVIDED THROUGH THE WEBSITE OR IN CONNECTION WITH ANY INTERRUPTION OF USE OF THE WEBSITE.
You and any other person or entity using the Website and Services agree to hold harmless, indemnify, and defend MAILHAWK.IO, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, either directly or indirectly, that arise out of or are related to your use of the Website, Services, including registration or use of an Account, your violation of any term or condition of this Agreement, or your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend MAILHAWK.IO under the terms of this Agreement will not provide you with the right to control MAILHAWK.IO’s defense, and MAILHAWK.IO reserves the right to control its defense and choose its counsel regardless of your contractual requirement to defend MAILHAWK.IO.
Resolution of Disputes, Governing Law and Limitation of Liability
This Agreement will be governed by and interpreted in accordance with the laws of the State of Florida, without regard to the conflicts of laws rules thereof. You agree that the state or federal courts located in Miami-Dade County, Florida is the sole and exclusive forum for the resolution or litigation of any dispute, claim, or cause of action arising under or related to this Agreement, including its validity, interpretation, breach, violation, or termination. You agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Miami-Dade County, Florida and waive all claims of this forum of being an inconvenient forum. The prevailing party in any action arising under or related to this Agreement shall be entitled to its attorney fees and costs.
You understand and agree that you are explicitly waiving your rights to participate as a class representative or a class member in any class action lawsuit or arbitration proceeding arising out of or in relation to this Agreement. You also explicitly waive any right to assert consolidated claim with respect to any lawsuit or arbitration proceeding that may arise out of or in relation to this Agreement.
MAILHAWK.IO’s liability under the terms of this Agreement shall not exceed $1,000 and that MAILHAWK.IO is not subject to liability for any consequential, special, indirect, incidental, punitive, or exemplary damages against MAILHAWK.IO.
ALL PARTIES TO THIS AGREEMENT UNDERSTAND AND AGREE THAT ALL DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE DISPUTE AROSE AND EXPLICITLY WAIVE ANY AND ALL OTHER STATUTE OF LIMITATIONS OR TIME BARS.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
Reservation of Rights
All rights not expressly granted herein are reserved to MAILHAWK.IO, including the right to suspend or refuse to provide its Services to anyone for any reason or no reason whatsoever.