We have made revisions to these terms of services. If you are getting into services offered by Xmails, you are accepting that you have read, understood and accepted Xmails terms of services agreement. Be cautious as Xmails reserves the right to suspend or block your account anytime. Please read these terms of services given below carefully.
Agreement Consists:
Imperative terms which are used in this agreement will carry the meanings explained in this section and the other words will carry the simple meaning used casually.
Xmails keeps the right to change the agreement and its terms of services at any time. The modification can be seen on the website or you will receive a notice regarding the changes. These changes will come into form after 30 days of updating on the website. If you continue to use the services, it will be considered that you agree the changes made to the agreement.
You may experience modifications to the site and its services occasionally. Sometimes the there might be change to the APIs and only you must be considered responsible to check whether your requests to the services are well matches to the APIs. These changes to APIs will be notified before 30 days of the application.
The order placed by you will be confirmed by Xmails at the same time you submit the order. If you find variations in the terms of order and the terms of confirmation of the order, you must consider the terms of confirmation of the order as the leading one in order to control the services you receive. By using the services, you are obliged to the terms of this agreement and every order and its confirmation.
The term of this agreement will begin on the effective date in case you order a non-trial subscription to the services. The term will be continued for the initial period as specified in the order and confirmation of the services you use. The term will be renewed to the further equal timelines.
In case you don’t see any initial term on the order or confirmation for the services, the agreement will last till one month and then it will automatically renew for extra one-month renewal month. If you don’t want the agreement to renew, you must send a notice to Xmails at least 10 days before the existing terms ends.
Xmails offers you subscriptions to use the services during the term. You can utilize the subscription for you own practices that might relate to your business and you cannot resell, lease, license or sublicense them. You can access the services for personal use, but you are not allowed to transfer or sublicense them.
Xmails apply additional terms of service in case you order a trial or Free Subscription. These additional terms of services are as below:
As you confirm the orders by Xmails, you receive services with the username and passwords of your account ID. Only you can use the ID and password. The security and confidentiality must be maintained by you. In case you lose your ID and passwords, you must instantly inform Xmails. Only you will be responsible for all the costs and liabilities sustained by using each ID and for acquiring any necessary hardware, software and other equipment to use the services.
Along with the terms of services you are entitled to agree to the Xmails Privacy Policies and email policies in order to use the website and its services.
IPR keeps the software and codes that are available to be downloaded from the websites. IPS means all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information. You will receive a limited, non-exclusive right and license to use the software from Xmails.
To get an unlimited usage right you need to enter into another agreement with Xmails. You can use the software according to proper instructions provided on the site only for own business practices. You can’t modify, reproduce, perform, or transfer the sale of the software without a written permission form Xmails. If there come any clashes, only the software license agreement will be taken into consideration.
Xmails may also offer Add-ons that are some additional features and services by third parties. You are entitled to use these features by agreeing to the agreement. In case of conflict with any agreement, only the add-on agreement should be considered. These add-ons are subjected to additional fees. You accept that Xmails is not a party between Add-on agreement between Add-on Partner and you. Your add-on partner is accountable for the add on. By purchasing the add on you allow Xmails to share your user information with add-on partner. The license you have to use add on is limited for your personal use. You are not allowed to resell the add-on any further.
You are restricted from doing the following by the Xmails –
Use services of Xmails that are not provided in the agreement.
Use the services to collect contact information of third parties for sending unwanted emails.
Use the site for any unlawful act.
Alter, modify, reproduce, create derivative works of the Services, Technology, or any Software.
Hinder the working of the site, its services and software.
Use the site for any hazardous activity.
Use the service in any activity that involve Protected Health Information or Nonpublic Personal Information.
You must agree to make payment of the fees as stated in the order or confirmation or site and it will be payable in US Dollars. You are entitled to pay all the fees and taxes other than the income tax and property tax of Xmails. Changes in fees can be made by Xmails anytime and you will be notified by updating the fees on the site.
If your order or confirmation does not explain the payment terms, the initial fee will be due on or before the completion of each subsequent period under this Agreement. Xmails keeps the right to charge the credit card or debit the bank account you have provided to Xmails for all Fees incurred under this Agreement. Make sure that all fee paid to Xmails will be non-refundable if such information is not stated in the order. If you fail to make payment within the timeline given in the order, it will be counted as late fee by Xmails.
In case, there arrives any disputes related to fees and payments, you can send notice to Xmails within 60 days of the invoice and it will be resolved by the parties.
Xmails can terminate this agreement anytime if any breach of the agreement by you will not be solved within the timeline written in the notice delivered by Xmails.
Xmails can anytime cancel your access to the site and services with or without notifying you if any breach of agreement is found or even suspected.
As per the termination or suspension all your Xmails rights and subscriptions will be terminated and you will not be able to use the sites, services and software. Xamils will also delete your content.
By Xmails: Xmails keeps all the rights including IPR related to all Xmails content, software, their modification or changes in content etc. You must accept that you are not interested in any ownership rights and no license is provided to you to use them. You don’t use any of Xmails name, logo and trademark.
By You: You have all the rights upon your content and any modification and improvements made by you. Xmails accept that it does not receiving any ownership interest and no license is granted to Xmails to use them.
Xmails Content: You have access upon some data with Xmails. As per the agreement each user can access the Xmails contents for your own business. But you are not allowed to modify, remove or change the Xmails copyright or trademark.
Your Content: You will be completely responsible for your content, data and other information provided by you through the services. You are also responsible to grant rights to Xmails. You must keep complete back up of the content provided by you as Xmails will not be liable for any deletion, destruction of your data.
Sensitive Data: You are not required to provide any sensitive data to Xmails like social security number, passport number, driver’s license number, credit or debit card number or similar data as Xmails does not provide any liability for security if these data.
Service Data: Xmails have the rights collect compile and analyze the recognizable data from your access to the site and services. This data can be completely owned and used by Xmails for any lawful business use.
In case you give Xmails feedback relating to the services provided, Xmails has the right to use the information without any obligation to you. You send all rights to Xmails in such feedbacks.
Xmails warrants you that it will use verify that you are using the services according to the agreement.
The sites and services are provided to you strictly “as is” and “as available” and Xamails and its providers expressly disclaim any and all warranties and representations of any kind with regard to any subject matter of this agreement, whether express, implied or statutory, including, without limitation, any warranties of fitness for a particular purpose, merchantability, title or non-infringement. Neither the software, the sites nor the services are designed, manufactured or intended for high risk activities.
Xmails will protect you against any claims brought against You by a third party. Xmails will take action within 10 days after you receive the notice. Xmails will take complete control over the defense and settlement of such claims.
Xmails will not be liable for any indirect, incidental, special damages caused, under any theory of liability, whether in contract, strict liability arising in any way in connection with or out of the use of the sites, software, technology, services even if you have been advised of the possibility of such damages, including, without limitation, any loss of data, opportunity, revenues or profits, business interruption, or procurement of substitute goods or services.
You are accountable for fulfilling all data protection and privacy Laws in respect of your use of the Services and with regard to any personal data that you to Xmails through the Services. You must guarantee that you have properly attained all necessary rights or consents from any data subjects to whom the data relates, to enable Xmails to legally access their personal data under this Agreement.
Data relating to the Technology, the provision or receipt of the Services, or the Disclosing Party’s technology, finances, operations, customers or business must not include any information that is generally available to the public other than as a direct or indirect result of the disclosure of such information by the Receiving Party or by any of the Receiving Party’s Representatives.
Xmails respects the IPR of users of the site and third parties in the same way the users and third parties respects Xmail’s IPR. If you have doubt regarding your copyrighted work, you can notify Xmails copyright agent at office by mail to –
2-ka-3, 2nd floor,
Chauthmata Tower,
Rangbari Main Road,
Keshavpura, Kota (Raj.) -324005
You must provide the following information as well.
The Site and communications that are sent through the Services must comprise links to third-party sites that are not controlled of Xmails, and Xmails is not responsible for any content on any linked site.
Xmails provides links only as a suitability, and the inclusion of the link does not imply that Xmails approves or accepts any responsibility for the content on third-party sites.
The parties will resolve all disputes, controversies, or claims relating to this agreement, including the formation, validity, binding effect, interpretation, performance, breach or termination etc. of this Agreement. If any of the disputes cannot be resolved via discussions between the parties within five days of notice from one party to the other of the Dispute, such Dispute Subject to jurisdiction at Kota.
The Agreement should be amended or modified only by a writing signed by both parties. Every change under this Agreement must be in writing. If any provision of this Agreement is invalid, that provision will be removed complying with the Law. The Agreement and your rights must not be assigned or transferred by you without the prior written consent of Xmails.