Terms of Service
This document is a legally-binding agreement between you and tweetymail ("tweetymail") that governs your use of tweetymail's online services (collectively the "Service").
Agreement
By accessing the tweetymail.com website (the "Site"), sending or receiving electronic mail ("Email") through tweetymail, or using any other aspect of the tweetymail Service, you are agreeing to be bound by the following terms and conditions (the "Terms of Service").
Updates and Changes
tweetymail reserves the right to update and change the Terms of Service at any time without notice and at its sole discretion. Continued use of the Service after any such changes shall constitute your consent to such changes. Any changes and enhancements to the Service, including new features, tools, and resources, shall be subject to the Terms of Service.
You can review the most current version of the Terms of Service at any time at http://tweetymail.com/terms. You are advised to review the Terms of Service from time to time as needed.
Account Terms
- You must be 13 years of age or older to use the Service.
- You must be a human to register an account. Accounts registered by "bots" or automated processes are not permitted.
- You must provide a valid email address and any other information requested in order to complete the account signup process.
- You are responsible for all content transmitted through your account and all activity related to your account.
- You are responsible for maintaining the security of your account and your Twitter login credentials. tweetymail cannot and will not be liable for any loss or damage from your failure, or the failure of a third-party in possession of your credentials, to comply with this security obligation.
- Customer support is available to paid accounts only and is provided online or through email only.
- FREE access, FULL access, and MAX access accounts are for personal use only. Accounts created for automated or commercial purposes are required to obtain Business Access.
General Conditions
- We reserve the right to modify or terminate the Service, without notice, for any reason at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- You may not use the Service for any illegal, inappropriate, or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) towards any tweetymail customer, employee, member, or officer will result in immediate account termination.
- You understand that tweetymail uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Use of Email
Usage of the Service involves transmission of Email to and from one or more of your email addresses. By providing an email address to tweetymail, you are consenting to tweetymail to send Email to that email address. tweetymail may frequently transmit Email to your email address in relation to capabilities provided by the Service. tweetymail may occasionally transit Email to your email address for purposes including, but not limited to, news, announcements, and promotions related to the Service. tweetymail will not share or disclose your email address unless required to do so by law. If you do not want to receive Email from tweetymail, you must remove your email address from your tweetymail account. Note that it may take 48 hours or longer, from the time of email address removal, before you stop receiving Email from tweetymail.
Content
All content, including but not limited to data, text, pictures, audio, and video (collectively "User-generated Content"), that is posted, uploaded, transmitted, linked to and/or otherwise submitted through the Service, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. You are entirely responsible for all of the User-Generated Content that you upload, post, email, transmit or otherwise make available via the Service. We do not monitor or control User-Generated Content and we take no responsibility for such content. Under no circumstances will we be liable in any way for any content or communications, including, but not limited to, offensive, inappropriate, or illegal User-Generated Content, or any loss or damage of any kind incurred as a result of exposure to content through the Service.
Privacy
Please review our Privacy Policy at http://tweetymail.com/privacy for information and notices concerning the collection and use of your personal information.
Service provided "as-is"
- Your use of tweetymail is at your sole risk. The Service is provided on an "as-is" and "as-available" basis without any warranty or condition, express, implied or statutory.
- tweetymail does not warrant that the Service will be uninterrupted, timely, secure, or error-free. You understand that tweetymail relies on third-party services, including Twitter and various email service providers, which may impact the quality of the Service.
- tweetymail does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
- tweetymail does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- tweetymail does not warrant that errors in the Service will be corrected.
Modification to the Service and Prices
- tweetymail reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of the Service, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Service site (tweetymail.com) or the Service itself.
- tweetymail shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Payments, Refunds, Upgrading, and Downgrading
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- tweetymail relies on third-party payment providers such as PayPal and Google Checkout. You are responsible for ensuring the accuracy of your billing information with the payment provider and ensuring that payments are made on time.
- tweetymail reserves the right to cancel your account due to a delinquent or missing payment.
- Downgrading your account may lead to loss of content, capability, or capacity of your account. tweetymail does not accept any liability for such loss.
- Upgrading or downgrading your account will immediately forfeit any ongoing discount previously in effect on your account.
Cancellation and Termination
- Cancellation of your account will take effect at the end of the payment cycle for which the last payment was received and you will not be charged again. However, no refunds will be issued for any previous charges, in whole or in part.
- Cancellation of your account prior to receipt of payment, such as during a free trial period, will take effect immediately.
- Canceling your account may result in the immediate and irrevocable deletion of your content.
Liability
You expressly understand and agree that in no event shall tweetymail, its affiliates, officers, directors and employees be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if tweetymail has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
Indemnity
You agree to indemnify and hold harmless tweetymail, its affiliates, officers, directors and employeees from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to out of your violation of these Terms of Service.
Waiver
Our failure to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
Severability
In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.
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