Terms of service
Email Center Pro
1. The Email Center Pro Service.
Email Center Pro is a web-based subscription email management service that allows you to upload, store, transmit, disseminate and otherwise distribute content to and from your account ("Content"). Your use of The Service is at your own risk. The Service is provided on an AS IS and AS AVAILABLE basis.
4. Use of The Service
You are responsible for your own communications and communications to and from your account with The Service, and for all Content sent to and from your account and activity that occurs under your account (even when Content is posted by others who have access to your account) and for any consequences thereof or arising therefrom. You agree that you will use The Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (a) use the Service to upload, store, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Palo Alto Software, Inc.; (b) upload, store, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (c) prevent others from using The Service; or (d) use The Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement and your account with Email Center Pro, and may subject you to state and federal penalties and other legal consequences. Palo Alto Software, Inc. reserves the right, but shall have no obligation, to investigate your use of The Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
5. Content of the Service, Ownership and Intellectual Property Rights.
Palo Alto Software, Inc. takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Palo Alto Software, Inc. have any obligation to monitor such third party content. Palo Alto Software, Inc. reserves the right at all times to remove or refuse to distribute any Content on The Service, such as content which violates the terms of this Agreement. Palo Alto Software, Inc. also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Palo Alto Software, Inc., its users and the public. Palo Alto Software, Inc. will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.
The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of Email Center Pro provided and owned by Palo Alto Software, Inc. are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws and are the property of Palo Alto Software, Inc. or its subsidiaries or affiliated companies and/or third-party licensors. Except as may otherwise be noted, all trademarks, service marks, and trade names are proprietary to Palo Alto Software, Inc. or its affiliates and/or third-party licensors.
Palo Alto Software, Inc. does not claim any ownership in any of the Content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your Email Center Pro account.
6. User Representations and Warranties.
You are solely responsible for your Content and the consequences of uploading, storing, transmitting or otherwise distributing Content to and/or from your account. Except as set forth herein, Palo Alto Software, Inc. will not use any of Content for any purpose except to provide you with The Service.
By uploading, storing, transmitting or otherwise distributing Content, you affirm, represent, and warrant that:
a) the Content does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (ii) slander, defame, or libel any other person; and
c) the Content does not contain any viruses, adware, spyware, worms, or other malicious code.
7. Content Disclaimer
You understand that when using Email Center Pro you may be exposed to Content from a variety of sources, and that Palo Alto Software, Inc. is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Palo Alto Software, Inc. with respect thereto. Palo Alto Software, Inc. does not endorse any Content or any opinion, recommendation or advice expressed therein, and Palo Alto Software, Inc. expressly disclaims any and all liability in connection with Content.
8. Statement of Policies
9. Prohibited Activities
a) except as expressly permitted herein, use The Service for any purposes other than to access and use Email Center Pro as such services are offered by Palo Alto Software, Inc.;
b) share a single login with multiple people. Your login may be used by only one person, but you may create separate logins for as many others as you desire;
c) block ads if you are a free account user;
d) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access Email Center Pro accounts of others without permission, forge another persons' digital signature or identity, misrepresent the source, identity, or content of information transmitted via Email Center Pro, or perform any other similar fraudulent activity;
e) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of Email Center Pro. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
f) use Email Center Pro for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
g) defame, harass, abuse, threaten or defraud Users of Email Center Pro, or collect, or attempt to collect, personal information about Users or third parties without their consent;
h) use Email Center Pro if you are not legally competent to do so;
i) remove, circumvent, disable, damage or otherwise interfere with security-related features of Email Center Pro or User Content, features that prevent or restrict use or copying of any content accessible through Email Center Pro, or features that enforce limitations on the use of Email Center Pro or User Content;
j) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of Email Center Pro or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
k) modify, adapt, translate or create derivative works based upon Email Center Pro or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
l) intentionally interfere with or damage operation of Email Center Pro or any user's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
m) relay email from a third party's mail servers without the permission of that third party;
n) use any robot, spider, scraper, or other automated means to access Email Center Pro for any purpose or bypass any measures Palo Alto Software, Inc. may use to prevent or restrict access to Email Center Pro;
o) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through Email Center Pro; or
p) interfere with or disrupt Email Center Pro or servers or networks connected to Email Center Pro, or disobey any requirements, procedures, policies or regulations of networks connected to Email Center Pro.
10. Account, Payment, Refund, Upgrading and Downgrading
When you use Email Center Pro, you may be asked to establish an account and establish passwords. You are solely responsible for maintaining the confidentiality of your account and passwords and for restricting access to your computer and/or account, and you agree to accept responsibility for all activities that occur under your account or passwords. You agree that the information you provide to Palo Alto Software, Inc. on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify Palo Alto Software, Inc.. You may be liable for the losses incurred by Palo Alto Software, Inc. or others due to any unauthorized use of your Email Center Pro account.
a) A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number;
b) If you initially sign up for a premium (non-free) account, and you don't cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged;
c) An upgrade from the free plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading;
d) 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. In order to treat everyone equally, no exceptions will be made;
e) 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, excluding only United States (federal or state) taxes;
e) For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle;
f) Downgrading your Service may cause the loss of Content, emails, features, or capacity of your Account. Palo Alto Software does not accept any liability for such loss.
11. User Indemnifications and Hold Harmless
12. Disclaimer of Warranties
USE OF EMAIL CENTER PRO SHALL BE AT USER'S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PALO ALTO SOFTWARE, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH EMAIL CENTER PRO AND USE THEREOF. PALO ALTO SOFTWARE, INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF WEBSITE CONTENT, (ii) PERSONAL INJURY OR DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ACCESS TO AND USE OF EMAIL CENTER PRO, (iii) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH EMAIL CENTER PRO WEBSITE BY ANY THIRD PARTY, AND/OR (iv) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA EMAIL CENTER PRO.
PALO ALTO SOFTWARE, INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH EMAIL CENTER PRO OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. PALO ALTO SOFTWARE, INC. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN A USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
13. Limitations of Liability
USER AGREES NOT TO HOLD PALO ALTO SOFTWARE, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS LIABLE FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL, INCURRED AS A RESULT OF USER'S USE OF EMAIL CENTER PRO, (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (ii) PERSONAL INJURY OR DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM USER'S ACCESS TO AND USE OF EMAIL CENTER PRO, (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM EMAIL CENTER PRO, (iv) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH EMAIL CENTER PRO BY ANY THIRD PARTY, AND/OR (v) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER'S USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA EMAIL CENTER PRO, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PALO ALTO SOFTWARE, INC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
a) You may cancel your use of The Services and/or terminate your account and this Agreement with or without cause at any time by providing notice to Palo Alto Software, Inc.; provided, however, that a terminated account may continue to exist for a reasonable period of time before such cancellation takes effect in order for Palo Alto Software, Inc. to process the termination. You may terminate your account ONLY in the manner set forth in this section 14. Palo Alto Software, Inc. may at any time and for any reason terminate The Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in the Email Center Pro system.
b) In order to terminate your account, you MUST follow the instructions and account termination procedures provided at the Account Management page of The Service. An account can not be terminated in any other way and Palo Alto Software, Inc. can not terminate an account by email, telephone or fax instructions.
15. Miscellaneous Terms