Terms and Conditions
This Agreement is effective as of the date of your acceptance (the “Effective Date”). This Agreement applies whether you are a casual visitor to the Site, or if you utilize the Service (a “Consumer”).
You may not access the Services: (a) if you do not agree to the terms of this Agreement; (b) if you are our direct competitor; (c) if you are not currently in a free trial period; or (d) if you have not agreed to pay via the terms of agreement or contract.
We may make changes to this Agreement from time to time in Our sole discretion. When these changes are made, we will make a new copy of the Agreement available to you through the Site. Your use of the Services after the date on which the updated Agreement is made available to you through the Site constitutes your acceptance of the updated Agreement. If you disagree with changes to the Services or updates to the Agreement, your exclusive remedy is: (i) if you are a casual visitor, to stop visiting the Site; or (ii) if you are a Consumer, to cancel your Account. Inbox Monster reserves the right to terminate, block, or restrict your access to or use of the Site or Services for any breach or violation of this Agreement.
OUR SITE IS NOT DESIGNED FOR USE BY CHILDREN AGES 13 AND UNDER. IF YOU ARE 13 YEARS OF AGE OR YOUNGER, YOU MAY NOT USE THE SERVICES. When you use the Services, you represent that you are (i) at least the age of majority in the jurisdiction where you reside or (ii) if you have not reached the age of majority in the jurisdiction where you reside, that you have received permission to use the Services from your parent or legal guardian.
You represent that any information you submit to Us when using the Services or Site is accurate, truthful, and current. You also represent that your use of the Services or Site does not violate any applicable law or regulation.
1.1. “Account” means the particular instance of the Site authorized for use by you and your Users (as applicable) under your specific login.
1.2. “Documentation” means the specifications and materials located at the Site about the Services.
1.3. “Services” means all services you order from us and made available by us via the Site, the Inbox Monster platform and/or other locations provided by us.
1.4. “Services Agreement” means the subscription services agreement entered into between a Provider and Inbox Monster relating to the Provider’s offer of services to Consumers via the Inbox Monster platform.
1.5. “Site” means https://www.inboxmonster.com.
1.6. “Subscription Period” means the subscription time described in the Services Agreement.
1.7. “We,” “Us” or “Our” means Inbox Monster.
1.8. “You” or “Your” means yourself individually or the company or other legal entity for which you are accepting this Agreement. As used in this Agreement, “you” or “your” may encompass casual browsers, Providers and Consumers, as applicable.
1.9. “User” means an authorized user of the Services.
1.10. “User Data” means all electronic data or information submitted by you and your Users (as applicable).
2.1. Subscription Services for Providers. Upon a Provider’s payment for Services and execution of a Services Agreement with Inbox Monster, we will make the Services available to the Provider through its Account and/or in the manner described in the Services Agreement during the Subscription Period.
2.2 Payment. Inbox Monster Subscription Plans are billed in advance and are non-refundable. There will be no refunds or credits for partial service or refunds made should you not use the Inbox Monster Subscription Plan during a period of time when your account is open. No exceptions will be made. Should you upgrade or downgrade your Subscription Plan, your credit card will be charged your new billing rate immediately. Your credit card will then be charged your new billing rate every billing period thereafter unless you cancel your account. Inbox Monster reserves the right to issue credit for a User and bill the User monthly for payment related to a Subscription Plan.
We utilize NetSuite for credit card payments and do not save any credit card details. For more information on how NetSuite processes credit card payments, via PCI DSS, please visit – https://www.netsuite.com/portal/platform/infrastructure/operational-security.shtml.
2.3. Service Commitment. We will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for: (a) planned downtime; or (b) any unavailability caused by circumstances beyond our reasonable control, including, without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems, infrastructure or Internet connectivity provider failures or delays, and denial of service or other malicious attacks. We will provide the Services in accordance with applicable laws and government regulations.
2.4. Updates. We will update the Site, and Services from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functionality or updates. You agree to receive such updates from us as part of your use of the Services.
2.5. Your Duties. You are responsible for all activities that occur under your Account, including, without limitation, User’s compliance with this Agreement. You are responsible for the accuracy, quality and legality of User Data, and for ensuring that the Services are used only in accordance with the Services Agreement, Documentation, and applicable laws and government regulations. You agree to provide true, accurate, current and complete information about yourself and your Users as requested by Inbox Monster. You also agree to update the information about yourself and your Users promptly, and as necessary, to keep it current and accurate. You agree to use commercially reasonable efforts to prevent unauthorized access to or use of the Services and to notify us promptly of any such unauthorized access or use.
3.1. Usage Limitations. The Services may be subject to other limitations, as specified in the Services Agreement and/or Documentation. As a condition of use, you promise not to use the Service for any purpose that is prohibited by this Agreement. Your service usage is outlined in the Services Agreement with Inbox Monster.
3.2. Prohibited Activities. You shall not: (a) make the Services available to anyone other than Users; (b) sell, resell, rent or lease the Services; (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (d) use the Services for any malicious purpose; (e) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein; or (f) attempt to gain unauthorized access to the Services or their related systems or networks.
By way of example, and not as a limitation, you shall not (and shall not permit any third-party to): (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including, without limitation, any User Data that:
3.3.1 infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
3.3.2 modifies, adapts, appropriates, reproduces, distributes, translates, creates derivative works or adaptations of, publicly displays, republishes, repurposes, sells, trades, or in any way exploits the Service, except as expressly authorized by us;
3.3.3 deciphers, decompiles, disassembles, reverse engineers or otherwise attempts to derive any source code or underlying ideas or algorithms of any part of the Service (including, without limitation, any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
3.3.4 you know is false, misleading, untruthful or inaccurate;
3.3.5 is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by us in our sole discretion;
3.3.6 imposes or may impose (as we determine in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure;
3.3.7 interferes with or may interfere with the proper working of the Service or any activities conducted on the Service;
3.3.8 bypasses any measures we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
3.3.9 contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information belonging to us or any third-party;
3.3.10 employs manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
3.3.11 harvests or scrapes any data or content from the Service;
3.3.12 impersonates any person or entity, including our employees or representatives;
3.3.13 includes anyone’s identification documents or sensitive financial information;
3.3.15 otherwise violates our guidelines and policies.
3.4. Image Restrictions. If the User Data includes an image, our image guidelines shall apply. We have a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any User who publishes or distributes child pornography.
4.0 Third-Party Services and User Data You Send to Public Forums
4.1. Integration with Third-Party Services. The Services may contain features designed to interoperate with third-party applications. To use such features, you must have an account with such applications. If the provider of any such third-party application ceases to allow us to integrate on reasonable terms, we may cease providing such Service features without entitling you to any refund, credit, or other compensation.
4.2. Links to Third-Party Sites. The Site may contain links to websites we do not operate, control, or maintain (“Third Party Websites”). We do not endorse any THIRD-PARTY Websites, and we make no representation or warranty in any respect regarding the THIRD-PARTY Websites. Any links to Third Party Websites on the Site are provided solely for your convenience. If you do access any Third-Party Websites, you do so at your own risk and waive any and all claims against us regarding the Third-Party Websites or our links thereto.
5.0 Ownership of Site, and Services
5.1. Rights in Services. We reserve all rights, title and interest in and to the Site, and the Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
5.2. Suggestions. We shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Site, and the Services any suggestions, enhancement requests, recommendations or other feedback provided by you, including Users.
5.3 Copyright Infringement. We respect the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that website material infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/ her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give Inbox Monster legally sufficient notice of infringement. We suggest that you consult your legal advisor before filing a DMCA notice with Company’s copyright agent. There can be penalties for false claims under the DMCA.
6.1. Definition. The term “Confidential Information” means the provisions of a Services Agreement, and any and all information, written or oral, provided or made available by or on behalf of one party or its affiliates, contractors, or vendors to the other party or its affiliates, contractors, or vendors in connection with this Agreement or the parties’ relationship hereunder, whether or not designated as confidential. Information of a third-party to whom a party owes a duty of confidentiality will be treated as Confidential Information of that party if it meets the description above. However, Confidential Information does not include information that: was or is publicly available other than as a result of breach of this Agreement by Recipient (as defined below); was or is lawfully received by the Recipient free of any obligation of confidentiality; or, is independently developed by or on behalf of the Recipient without use of the Discloser’s Confidential Information.
6.2. Obligations. Each party (“Recipient”) will not access or use Confidential Information of the other party (“Discloser”) for any purposes other than performance of its obligations or receipt of benefits hereunder and shall maintain such information in the strictest confidence, except for disclosures expressly authorized hereunder. Recipient may disclose the Discloser’s Confidential Information to Recipient’s employees, attorneys, advisors, and contractors who have a legitimate “need to know,” provided that Recipient ensures that all such entities and persons are obligated to and do comply with confidentiality obligations consistent with (and no less restrictive than) this Section (Confidentiality), but in no event may you disclose any of our Confidential Information to any of our competitors (or any of their affiliates) or any employees or contractors of any such competitors. Recipient may additionally disclose the Discloser’s Confidential Information to the extent such disclosure is necessary in connection with the enforcement of this Agreement.
6.3. Compelled Disclosure. The Recipient may disclose Confidential Information of the Discloser if it is compelled by law to do so, provided the Recipient gives the Discloser prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Discloser’s cost, if the Discloser wishes to contest the disclosure. If the Recipient is compelled by law to disclose the Discloser’s Confidential Information as part of a civil proceeding to which the Discloser is a party, and the Discloser is not contesting the disclosure, the Discloser will reimburse the Recipient for its reasonable costs of compiling and providing secure access to such Confidential Information.
7.1. Our Warranties. We warrant that: (a) we have validly entered into this Agreement and have the legal power to do so; (b) the Services shall perform materially in accordance with the Documentation; and (c) we will not intentionally transmit any malicious software to you, provided it is not a breach of this subpart (c) if you or a User uploads a file containing malicious software into the Services and later downloads that file again. For any breach of a warranty above, your exclusive remedy shall be as provided below.
7.2. Your Warranties. You warrant that you have validly entered into this Agreement and have the legal power to do so, and that you will abide by the restrictions on use of the Services contained herein. If you are acting on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to this Agreement. You represent and warrant that any User Data is truthful, accurate, not misleading, offered in good faith, and that you and your Users have all rights, licenses, permissions and authorizations necessary to upload and transmit such User Data to us.
7.3. Disclaimer. Notwithstanding anything to the contrary, to the maximum extent permitted by applicable law all services, information and materials are provided “as is”, and we expressly disclaim any and all other warranties, express or implied, including, without limitation: (a) any and all implied warranties of merchantability, non-infringement, and fitness for a particular purpose (whether or not we know, have reason to know, or have been advised of any such purpose); (b) any warranty regarding results obtainable or to be obtained by users as a result of provision or use of the services and materials provided hereunder; and (c) any warranty of uninterrupted, timely, or error-free operation of any services. No advice or information, whether written, oral or multimedia, obtained by you from the services shall create any additional warranty not expressly stated in this agreement.
7.4. Risk of inaccuracy of information. You acknowledge that many features provided by the Site are intended to aggregate and manage third-party data and information from numerous sources. We are not responsible for the accuracy, integrity, quality, legality, usefulness, or safety of such information. We do not warrant that the Site or the Services will operate error-free or that the Site is free of computer viruses and/or other harmful materials. If your use of the Site or the Services results in the need for servicing or replacing equipment or data, we are not responsible for any such costs. You waive any claims you may otherwise have, and you agree that we will not be liable for any damages or inconveniences you may suffer as a result of inaccurate or incomplete data or information provided to you or your users by the Service. Some jurisdictions do not allow the exclusion or limitation of certain categories of damages or implied warranties; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
8.1. Indemnification by Inbox Monster. We shall defend you against any claim, demand, suit, or proceeding made or brought against you by a third-party alleging that the use of the Services as permitted hereunder infringes or misappropriates the intellectual property rights of a third-party claim, and we shall indemnify you for any damages, attorney fees and costs finally awarded against you as a result of, and for amounts paid by you under a court-approved settlement of a claim; provided that you: (a) promptly give us written notice of the claim; (b) give us sole control of the defense and settlement of the claim (provided that we may not settle any claim unless the settlement unconditionally releases you of all liability); and (c) provide to us all reasonable assistance, at our expense. In the event of a claim, or if we reasonably believe the Services may infringe or misappropriate, we may in our discretion and at no cost to you (i) modify the Services so that they no longer infringe or misappropriate, (ii) obtain a license for your continued use of the Services in accordance with this Agreement, or (iii) terminate your Account and User subscriptions for such Services upon 30 days written notice and refund any prepaid fees covering the remainder of the term of such User subscriptions after the effective date of termination.
8.2. Indemnification by You.
You agree to indemnify, defend and hold harmless us, our affiliates and our and their officers, directors, partners, agents, and employees from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees (collectively, “Claims”), made by any third party due to or arising out of your use of the Site and Services in violation of these Terms, any breach of the representations and warranties you make in this Agreement, your User Content, or for any breach of security or compromise of your Account. You agree to be solely responsible for defending any Claims against or suffered by us, subject to our right to participate with counsel of our own choosing.
8.3. Exclusive Remedy. This Section (Indemnification) states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any type of claim described in this Section.
9.0 Limitation of Liability
IN NO EVENT SHALL INBOX MONSTER, ITS MEMBERS, OFFICERS, AFFILIATES, AGENTS, LICENSORS, EMPLOYEES, OR INTERNET SERVICE PROVIDER(S) (COLLECTIVELY, “REPRESENTATIVES”) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST REVENUE, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATION SHALL APPLY EVEN IF INBOX MONSTER OR ITS REPRESENTATIVES HAVE BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE. INBOX MONSTER’S TOTAL LIABILITY IN ANY EVENT IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID FOR USE OF THE SITE, AND YOU HEREBY RELEASE INBOX MONSTER AND ITS REPRESENTATIVES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. THESE LIMITATIONS SHALL APPLY TO ALL CLAIMS IN THE AGGREGATE (NOT PER INCIDENT) AND TOGETHER WITH THE DISCLAIMER OR WARRANTIES ABOVE SHALL SURVIVE FAILURE OF ANY EXCLUSIVE REMEDIES PROVIDED IN THIS AGREEMENT.
10.0 Term and Termination
10.1. Term. This Agreement commences on the Effective Date and continues until all User subscriptions granted in accordance with this Agreement and/or a Services Agreement have expired or been terminated or, if you do not have a subscription, until you discontinue use of the Site, and Services.
10.2. Term of Provider Subscriptions. Provider subscriptions commence on the start date specified in the applicable Services Agreement and continue for the Subscription Period specified therein. User subscriptions shall automatically renew in accordance with the Services Agreement. The pricing during any such renewal term shall be the same as that during the prior term unless otherwise indicated in the Services Agreement.
10.3. Payment upon Termination. In no event shall any termination relieve you of the obligation to pay any fees payable to us for the period prior to the effective date of termination.
11.1. Notices. You agree that we may provide you with notice, including changes to this Agreement, by email, regular mail or postings in your Account.
11.2. Governing Law/Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, disregarding any conflict-of-laws rules which may direct the application of the laws of another jurisdiction. All claims arising out of or relating to this Agreement or the Services or Site must be litigated exclusively in the federal or state courts of Mecklenburg County, North Carolina, and You consent to venue and personal jurisdiction in said courts.
11.3. Export Compliance. The Services, other technology we make available, and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any U.S. government denied-party list. You shall not permit Users to access or use Services in a U.S.-embargoed country or in violation of any U.S. export law or regulation.
11.4. Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
11.5. No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.
11.6. Waiver. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right.
11.7. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
11.8. Attorney Fees. You shall pay on demand all of our reasonable attorney fees and other costs incurred by us to collect any fees or charges due us under this Agreement.
11.9. Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement or any Services Agreement in its entirety, without consent of the other party, to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
11.10. Interpretation. No provision shall be construed against a party by reason of the fact that such party or its legal counsel drafted that provision, notwithstanding any rule of law or any legal decision to the contrary. For purposes of interpreting this Agreement: (a) the terms “herein,” “hereof,” “hereto,” “herewith”, “hereunder,” “hereinafter,” and similar terms shall refer to this Agreement as a whole; (b) the terms “includes” and “including” shall mean “include[ing], without limitation”; (c) references to Sections in any particular Attachment shall refer to Sections in that same Attachment, unless otherwise specified therein; and (d) headings contained herein are for convenience of reference only and shall not affect the interpretation of this Agreement. For purposes of this Agreement, whenever the context requires, the singular number will include the plural, and vice versa.
11.11. Entire Agreement. This Agreement, including all exhibits and addenda hereto and all Services Agreements, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted. However, to the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any exhibit or addendum hereto or any Services Agreement, the terms of such exhibit, addendum or Services Agreement shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in Your Services Agreement shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.
12.1. Contact Details. Any question, concern, or complaint with our Terms and Conditions should be addressed to:
Chief Privacy Officer
Address: 9935-D Rea Road, #234, Charlotte, NC 28277
This document was last updated on August 4, 2021.
13.0 Electronic Signatures and Notices
Certain activities on the Services may require you to make an electronic signature. You understand and accept that an electronic signature has same legal rights and obligations as a physical signature. If you have an Account, you agree that we may provide you any and all required notices electronically through your Account or other electronic means. You agree that we are not responsible for any delivery fees charged to you as a result of your receipt of our electronic notices.