Date of Last Revision: March 21, 2008
Welcome to NutshellMail.com (the "Site"), which is owned and operated by Nutshell Mail, Inc. (“NutshellMail”) and provides:
Use of the Services is subject to the following Terms of Service ("TOS"), which may be revised at any time by NutshellMail with or without notice. Any revisions of the TOS shall be effective upon posting to the Site. Continued use of one or more of the Services constitutes binding acceptance of any changes to these TOS.
The most current version of these TOS is always available at the Site.
Unless explicitly stated otherwise herein, any new features that augment or enhance the current Services are subject to these TOS. NutshellMail may also offer products or functionality other than the Services. These TOS may or may not apply to such other matters as may be indicated on the Site or otherwise.
For purposes of these TOS, the following terms shall apply:
The sending and/or receiving of Messages via one or more of the Services evidences complete and unqualified acceptance of these TOS, which creates a binding contract respecting use of the Services.
NutshellMail reserves the right to modify, revise, suspend or discontinue the Services in whole or in part, either temporarily or permanently, with or without notice, and NutshellMail is not obligated to support or update the Services in any manner. NutshellMail shall have no liability to anyone if it exercises its unfettered right to modify, revise, suspend or discontinue the Services at its sole discretion.
Access to and use of the Services are at the sole discretion of NutshellMail, and the rights granted herein constitute a limited, non-exclusive license to access and use the Services per these TOS. This license may be suspended, revoked or terminated by NutshellMail either temporarily or permanently at any time with or without notice.
The NutshellMail Services permit users to retrieve Messages in a single e-mail account from multiple third-party e-mail and/or social networking accounts that are delivered via third-party e-mail or social networking service providers based on the e-mail or social networking account addresses, usernames, and/or passwords of the Recipient that are registered through NutshellMail.
The content of Messages does not reflect the opinions of NutshellMail and NutshellMail neither represents nor endorses the legality, accuracy, timeliness, quality or reliability of any advice, opinion, statement, information or other matter displayed or transmitted via the Services by Users, advertisers or other third parties. Any reliance upon any such information is entirely at the User's sole risk.
NutshellMail assumes no responsibility or liability of any nature whatsoever for:
Users agree that all content transmitted via the Services is the sole responsibility of the person from which such content originated, and as a result, Users (and not NutshellMail) are solely responsible for all content that Users transmit or attempt to transmit via the Services.
Users understand that by using the Services, Users could be exposed to content in Messages that Users might consider to be offensive or objectionable. Under no circumstances is NutshellMail liable in any way for the content of any Messages.
NutshellMail does not monitor, review or control the content of the Messages and has no obligation to do so, but reserves the right to do so at any time with or without notice to Users.
NutshellMail may edit, remove altogether or refuse to send or deliver all or part of any Message, which at NutshellMail's sole discretion, is or could be in violation of these TOS, any email service providers’ policies, or any applicable law.
Additionally, NutshellMail reserves the right, at its sole discretion, to:
In no event whatsoever may a User use the Services to:
To the extent permitted by applicable law, Users acknowledge and agree that NutshellMail may, at its sole discretion, make and preserve copies of any and all Messages for internal back-up and other legal or business purposes.
NutshellMail may publicly disclose the identity or other information of any User violating these TOS and/or disclose the content of any Messages sent via the Services, when NutshellMail believes in good faith that such disclosure is required by law or is necessary to protect the rights or property of NutshellMail, its partners, employees, investors, advertisers, other Users or third parties.
Users understand that delivery of Messages via the Services may involve transmissions over various networks, and that the Messages could be reformatted or otherwise revised to conform to the formatting or technical requirements of such networks. Users further understand and agree that Messages exceeding maximum character limitations may be truncated, abbreviated, reduced or otherwise abruptly cut short.
Users agree that NutshellMail, at its sole discretion, may establish general practices and limits concerning use of the Services, including without limitation the maximum number of Messages that may sent or recieved by a User and/or the maximum size of any Message that may transmitted via the Services.
Users agree that NutshellMail has no responsibility or liability whatsoever for the failure to transmit any Message via the Services, and accordingly, NutshellMail does not guarantee that a Message will be delivered as intended or desired by a User.
More specifically, but without limitation, the Services is not intended for trading or investing purposes, nor for life-saving or other vitally important correspondence, and NutshellMail shall not be responsible or liable for any decisions, indecisions, actions or inactions taken by Users based on such information or the failure of delivery of any information.
Any complaints concerning the content of any Messages delivered via the Services should be sent directly via e-mail to NutshellMail from NutshellMail's Contact Us or About pages.
NutshellMail does not authorize the use of its network to accept, transmit or distribute
unsolicited bulk e-mail sent from the Internet to Users. In addition, Internet e-mail
sent or attempted to be sent through NutshellMail's network that contains invalid
or forged headers, invalid or non-existent domain names or other means of deceptive
addressing will be deemed to be counterfeit. Any attempt to send or cause such counterfeit
e-mail to be sent via NutshellMail 's network is unauthorized. Similarly, any Messages
that is relayed from any third party's mail servers without the permission of that
third party, or which employs similar techniques to hide or obscure the source of
the Message, is also an unauthorized use of NutshellMail’s network. NutshellMail
reserves the right without notice to take all measures of any nature (whether legal,
mechanical or otherwise) to prevent unsolicited bulk e-mail and/or other unauthorized
e-mail from entering, utilizing or remaining within NutshellMail’s network. Nothing
in this policy is intended to grant any right to transmit or send Messages to, or
through, NutshellMail's network except as may be otherwise stated in these TOS.
NutshellMail's failure to enforce this policy in any instance in which it might
have application does not amount to a waiver of NutshellMail's rights. Unauthorized
use of NutshellMail's network related to the transmission or attempted transmission
of unsolicited bulk e-mail or counterfeit e-mail may result in civil and criminal
penalties against the sender, including those provided by the
NutshellMail does not authorize the use of its network to gain unauthorized access, directly or indirectly, to NutshellMail’s computer systems or a third party’s computer systems.
NutshellMail does not authorize the use of its network to interfere with another User’s use or enjoyment of the Site or its Services.
Currently, there is no charge for Users to use the Services.
Notwithstanding the above, NutshellMail reserves the right at any time to charge or increase fees for access to and/or use of all or any portion of any of the Services, including elimination of the Basic Services altogether.
If NutshellMail elects to implement or increase charges for using all or a portion of the Services, it shall post notice on the Site or otherwise notify Users prior to or contemporaneously with initiating such charges (or thereafter making any changes to the charges). In such case, a User's privilege to use the Services is subject to prompt payment of any such charges and acceptance of any and all other terms and conditions mandated by NutshellMail respecting the Services.
NutshellMail reserves the right to require that all fees (including without limitation any initial set-up or installation charges) are payable to NutshellMail in advance. NutshellMail further reserves the right to require a deposit and/or the right to bill your credit card to cover any and all fees and charges, such as but not limited to excess, additional and/or renewal charges.
Past due payments shall bear a late payment charge (until paid) at the rate of:
If NutshellMail employs the services of an attorney or collection agency to enforce User payment obligations, Users agree to reimburse NutshellMail for such expenses.
NutshellMail will exercise reasonable efforts to enable activate accounts within approximately three (3) business days from the date of payment of initial invoice.
Requests to upgrade, downgrade, or customize the Services to be received may be made at anytime, however, the requested changes will be made effective within approximately three (3) business days from the date of NutshellMail's acceptance of the request.
Absent a written agreement between you and NutshellMail stating otherwise, Users may request to cancel the Services or any part thereof, at anytime upon written notice to NutshellMail, provided, however, that:
You must register for a membership in order to access the Services. When completing the registration form, you represent and warrant that you will provide true, accurate, and complete information, and that you will maintain and promptly update this information. If you provide any information that is untrue, inaccurate, or incomplete, or NutshellMail has reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, NutshellMail has the right to suspend or terminate your membership and access to the Service without any liability to you.
You may receive a login name and a password upon completing the registration process. You are responsible for maintaining the confidentiality of your password and login name, and are responsible for all activities that occur with your password and login name, including fees incurred and all purchases made by your membership on the Service. You will immediately notify NutshellMail of any unauthorized use of your membership or any other breach of security
Any personal data about Users acquired by NutshellMail as part of any registration process is subject to NutshellMail's Privacy Policy. For more information on this topic, please see NutshellMail's full Privacy Policy.
You must be 13 years of age or older to register as a User. By registering as a User, you represent and warrant that you are 13 years of age or older.
NutshellMail reserves the right to send Messages to any and all Users to inform them of:
Nothing in this provision shall require or obligate NutshellMail to send such notice if no notice is required or mandated elsewhere in these TOS.
In order to retrieve a Message via the Services, Recipients must have access to a valid e-mail or social networking account. Users are solely responsible for paying any third-party fees associated with such third-party networks.
Users agree that the ability to initiate Messages, or to receive and reply to Messages sent via the Services, may be subject to subscriber terms of use, contracts, capacity charges and/or other expenses established and enforced by a User's email service provider, ISP, employer or other applicable service provider, all of which are the sole responsibility of Users. User represents that use of the services will not violate any rules, restrictions policies, or requirements of User's email service provider, ISP, employer, or other applicable service provider. USERS ARE STRONGLY ADVISED TO CHECK THEIR SERVICE AGREEMENTS WITH THEIR RESPECTIVE E-MAIL AND/OR SOCIAL NETWORKING PROVIDERS TO FULLY UNDERSTAND THE NATURE AND SCOPE OF ANY AND ALL FEES OR CHARGES RELATED TO THE RECEIPT AND SENDING OF ELECTRONIC MESSAGES. ADDITIONALY, USERS ARE STRONGLY ADVISED TO CHECK THEIR EMPLOYER’S POLICIES WITH RESPECT TO INFORMATION TECHNOLOGY AND SECURITY PROTOCOLS TO FULLY UNDERSTAND THE POTENTIAL CONSEQUENCES RELATED TO THE RECEIPT AND SENDING OF ELECTRONIC MESSAGES THROUGH NUTSHELLMAIL OR THE SERVICES.
NutshellMail currently provides complementary technical support to Users of the Services via e-mail during normal business hours (Central Standard Time), excluding Federal and Texas holidays. NutshellMail reserves the right, without notice, to change the times and manner of its technical support, in addition to charging fees for any and all such support.
The Site and Messages may contain links and/or pointers to websites or Internet resources maintained by others, including but not limited to advertisers and partners of NutshellMail (the "Third Party Sites").
Users acknowledge and agree that NutshellMail has not reviewed and does not monitor or endorse the Third Party Sites that are linked to or made available through the Services or the Site, and NutshellMail is not responsible for the quality, content, availability or any other aspect of such Third Party Sites, including but not limited to any goods, products or services offered at or by these Third Party Sites.
Users further acknowledge and agree that NutshellMail is not responsible or liable, directly or indirectly, for any actual or alleged damage or loss in connection with use of (or reliance on) any information, goods, products, services or other matter that is available on or through any of the Third Party Sites.
Users agree that any problems experienced regarding any Third Party Sites shall be addressed to the site administrator or webmaster of the applicable Third Party Sites, and not to NutshellMail.
Each User represents and warrants that:
NutshellMail reserves the right to deny, suspend or terminate access to or use of the Services (without prior notice) if NutshellMail, at its sole discretion, believes that a User is or could be:
Users agree to indemnify, defend and hold harmless NutshellMail and its related companies (including without limitation their officers, directors, employees, consultants, shareholders, agents, service providers, affiliates, co-branders, partners, vendors, professional advisors, customers, licensors and licensees) from and against any and all claims, suits, liabilities, damages, demands and/or costs of any type and nature (whether actual or alleged, known or unknown, suspected or unsuspected, or disclosed or undisclosed), including without limitation reasonable attorneys' fees and court costs, arising from or in any way related to:
USERS EXPRESSLY AGREE THAT USE OF THE SERVICES IS ENTIRELY AT THE USER'S SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USERS ARE SOLELY RESPONSIBLE FOR USE OF THE SERVICES IN COMPLIANCE WITH THE LICENSE AND/OR TERMS AND CONDITIONS OF SERVICE AS MANDATED BY THEIR RESPECTIVE E-MAIL AND/OR SOCIAL NETWORKING PROVIDERS, AND NUTSHELLMAIL SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR A USER'S BREACH OF SUCH THIRD PARTY LICENSES, TERMS AND/OR CONDITIONS ARISING FROM USE OF THE SERVICES OR OTHERWISE.
NUTSHELLMAIL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE OR OTHERWISE.
NUTSHELLMAIL MAKES NO WARRANTY THAT:
ALL MATTER OBTAINED BY USERS VIA THE SERVICES IS DONE AT A USER'S OWN DISCRETION AND RISK, AND USERS ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO A USER'S COMPUTER SYSTEM (OR OTHER HARDWARE) OR LOSS OF DATA THAT MAY RESULT FROM USE OF THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NUTSHELLMAIL OR FROM THE SERVICES OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY STATED IN THESE TOS.
NUTSHELLMAIL MAKES NO WARRANTY WHATSOEVER REGARDING ANY GOODS, PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES, THE SITE OR THE THIRD PARTY SITES.
NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NUTSHELLMAIL IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH HEREIN.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WHATSOEVER SHALL NUTSHELLMAIL (OR ANY OTHER ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES) BE LIABLE TO USERS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA OR OTHER INTANGIBLE LOSSES, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, EVEN IF NUTSHELLMAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER BASED ON CONTRACT WARRANTY, NEGLIGENCE OR OTHER TORT, OR THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE), RESULTING IN WHOLE OR IN PART FROM:
NUTSHELLMAIL'S TOTAL AND AGGREGATE LIABILITY TO USERS AND ALL THIRD PARTIES IN ANY AND ALL EVENTS IS LIMITED TO THE GREATER OF:
ANY CLAIM ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THESE TOS MUST BE FILED WITHIN ONE (1) YEAR OF THE EVENT GIVING RISE TO SUCH CLAIM OR BE BARRED FOREVER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
If dissatisfied with any aspect of the Services, or with any of the terms or conditions of these TSO or other policies issued by NutshellMail, a User's sole and exclusive remedy is to discontinue accessing and using the Services, even if such remedy is found to fail of its essential purpose.
Users acknowledge and agree that the Site, the Services and any software, technology and identifying marks, name or logos used in connection therewith contain proprietary matter that is owned or controlled by NutshellMail, and protected by applicable intellectual property and other laws.
Users may not, without express prior written permission from NutshellMail:
Use of the Services does not create a license or any other intellectual property or proprietary rights in NutshellMail's trademarks, trade names, service marks, logos, copyrights or patents, all of which shall remain the sole, perpetual and exclusive property of NutshellMail.
Users acknowledge and agree that NutshellMail™ is a registered trademark of NutshellMail.
In recognition of the global nature of the Internet, Users agree to comply with all local rules where a User resides regarding online activities and e-mail. More specifically, but without limitation, Users agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which a User resides.
NutshellMail respects the intellectual property of others, and requires Users to do the same.
If another User transmits matter that infringes the copyrights or other intellectual property rights of a third party, Users are urged to contact NutshellMail's Copyright Agent for Claims from NutshellMail's Contact Us or About pages so that NutshellMail may initiate appropriate remedial action as may be warranted under the circumstances in accordance with NutshellMail's copyright infringement policy issued pursuant to the Digital Millennium Copyright Act, as may be subsequently amended.
The above-referenced correspondence should include the following information:
The Services are controlled and operated by NutshellMail from its offices within the State of Texas, USA. NutshellMail makes no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so on their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations.
Correspondence concerning the Services or the Site should be sent to NutshellMail via e-mail from NutshellMail's Contact Us or About pages, or in the case of a particular circumstance noted herein, to the e-mail address specified in these TOS for such circumstance.
These TOS are governed by the internal laws and judicial decisions of the State of Texas as applied to agreements entered into and to be performed entirely therein, thereby excluding its choice of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these TOS. Any action to enforce these TOS shall be brought exclusively in the federal or state courts located in Harris County, TX, USA, and Users hereby agree to the personal jurisdiction of said courts for such purposes.
These TOS, as may be amended or revised from time to time, constitute the entire agreement between us and govern use of the Services and the Site, and supersede any prior oral, written, express or implied agreements between us respecting the Services or the Site. Users may be subject to other "Terms of Service" respecting use of or access to other services that may be made available by NutshellMail in the future.
If any provision of these TOS is found by a court of competent jurisdiction to be invalid, unlawful, void or unenforceable for any reason, then that provision shall be deemed severable from these TOS and shall not affect the validity and enforceability of the remaining provisions, and the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in said provision to the fullest extent possible.
All rights and remedies granted to NutshellMail hereunder are cumulative and shall be in addition to any other rights or remedies that NutshellMail may have at law or in equity.
NutshellMail shall not be deemed to have waived any of its respective rights under this Agreement unless the waiver is in writing and signed by NutshellMail. Any delay by NutshellMail in exercising any right hereunder shall not be a waiver of said right or of any other right, nor shall a waiver on one occasion operate as a waiver of such right or any other right on a future occasion.
Nothing contained in these TOS shall be deemed to constitute either party as the agent or representative of the other party, nor both parties as joint venturers or partners for any purpose.
Except as may be expressly stated otherwise in these TOS, there are no third party beneficiaries to these TOS.
The titles of the paragraphs of these TOS are for convenience only and have no legal or contractual effect.
Known or suspected violations of these TOS should be reported to NutshellMail's Customer Care Department from NutshellMail's Contact Us or About pages.
NutshellMail reserves the right, in its sole discretion, to take action that it deems appropriate for violations of these TOS, including but not limited to terminating your access to the Site and/or the Services, filing of criminal charges against you, or initiating a civil action against you.