mxHero Inc. (“mxHero”), a Delaware incorporated company
located in San Francisco, CA, provides users with an email enhancement service
(the “Service”) pursuant to the terms and conditions set forth below (the “ToS”).
By accepting these ToS, you enter into a legally binding agreement with mxHero
Inc. (“Agreement”) and agree to respect the ToS and be bound by the Agreement.<br>
<br>
Your rights and obligations and all actions contemplated by this Agreement shall
be governed by the laws of the United States of America and the State of
California, as if the Agreement was a contract wholly entered into and wholly
performed within the State of California. You agree that any action to enforce
this agreement or any matter relating to Your use of the Service must be
brought exclusively in the United States District Court for the Northern
District of California, or if there is no jurisdiction in such court, then in a
state court in&nbsp;San Francisco&nbsp;County, State of California.<br>
<br>
DESCRIPTION OF SERVICE<br>
<br>
mxHero provides an email enhancement service (the “Service”). Depending on your
domain’s configuration, this service can be used to process inbound, outbound
and internal emails. Processing includes but is not limited to blocking,
deleting, altering emails and their content. The intention is to provide you
with a tool that may be useful in enabling security, monitoring, policy and
enhancement of your organizations email service.<br>
<br>
CHANGES TO ToS<br>
<br>
mxHero may from time to time change the ToS and will make any updated or
additional terms available to you through the Service. A notice of change to
ToS will be posted on the mxHero web site at least 30 days before new ToS will
become effective. You agree that your continued use of the Service after the
date on which the new ToS has become effective is to be regarded as an
acceptance of the new ToS.<br>
<br>
TERM AND TERMINATION<br>
<br>
The Service is provided as a subscription based service. The initial length of
the subscription period is chosen after the Trial Period and represents the
term of the Agreement (“Term”). You may terminate the Agreement during the
Trial Period, as described in “TRIAL PERIOD, FEE, AND PAYMENT”.<br>
<br>
In order to maintain access to the Service, the subscription must be renewed
before the expiry of the then-current subscription period, in which case the
Term shall be extended accordingly. You may terminate the Agreement by not
renewing the subscription to the Service. You shall not be entitled to claim
any refund or compensation upon the expiry of the Term.<br>
<br>
You may terminate the Agreement and claim refund of the subscription fee for
the remainder of the then-current subscription period if mxHero materially
breaches its obligations pursuant to this Agreement and fails to remedy such
breach within 30 days after you notify mxHero of such material breach.<br>
<br>
Additionally, you may terminate the Agreement if mxHero materially changes the
Service or the ToS according to “CHANGES TO ToS”. Your notice of termination in
such cases shall be sent to mxHero within 30 days of the notice of changes of
ToS or Privacy Policy. mxHero may at its sole discretion provide you with a refund
or a compensation, depending inter alia on the nature and scope of the changes
and the length of your subscription.<br>
<br>
mxHero may terminate the Agreement with 30 days prior notice. Upon such
termination, you may be entitled to a refund corresponding to the
then-remaining period of the Term. Whether you are entitled to a refund or not
will be stated in the termination notice.<br>
<br>
mxHero may terminate the Agreement without prior notice if you breach the
provisions of this Agreement. You shall not be entitled to claim any refund or
compensation if mxHero terminates the Agreement as a result of your breach of
the terms of the Agreement. Additionally, mxHero is entitled to claim
compensation for any damages as a result of your breach of the provisions of
the Agreement.<br>
<br>
Upon termination of the Agreement or upon non-renewal of the subscription your
access to the Service will be closed and all stored data will be subject to
deletion.<br>
<br>
TRIAL PERIOD, FEE, AND PAYMENT<br>
<br>
The first 30 days of Term represent a Trial Period. You may use the Service
during the Trial Period to determine whether it suits your needs. Prior to
expiry of the Trial Period, you shall pay for the Service in order to maintain
access to your account. If no payment for the Service is received prior to the
expiration of the Trial Period, mxHero may close your access to the Service and
the Agreement shall terminate upon such closure of access to your account.<br>
<br>
The subscription fee for the Service is provided on the Microsoft Azure web
site. mxHero may at any time modify the subscription fees by updating the price
plans on the Microsoft Azure web site. The modified fees shall apply to you
upon your renewal of the subscription to the Service.<br>
<br>
DELETION OF EMAIL; TERMINATION OF SERVICE<br>
<br>
mxHero assumes no responsibility for the deletion of or failure to store,
deliver, or deliver in a timely manner email messages. In addition, if you
transfer your domain name record to a third party, you may no longer be able to
use the Service. If your Service is terminated or cancelled, any emails or
other content in your account may be permanently deleted. mxHero will not
refund fees, if any, you have paid for the Service, any email-dependent
services, upgrades or enhancements thereto, if you elect to terminate your
Service.<br>
<br>
RESELLING<br>
<br>
You agree not to resell the Service, without the prior express written consent
of mxHero<br>
<br>
USER CONDUCT<br>
<br>
You acknowledge and agree that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials (“Content”),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that you, and not
mxHero, are entirely responsible for all Content that you upload, post or
otherwise transmit via the Service. mxHero does not endorse or control the
Content transmitted or posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You understand that by
using the Service, you may be exposed to Content that is offensive, indecent or
objectionable. You agree not to use the Service to violate these Terms of Use
or to otherwise engage in or assist or encourage others to engage in improper,
questionable, infringing, illegal, harassing or abusive conduct, including,
without limitation, using the Service to:<br>
<br>
<ul>
<li>upload, post or otherwise transmit any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another’s privacy, hateful, or racially, ethnically or
otherwise objectionable, in our sole discretion;</li>
<li>harm minors in any way;</li>
<li>transmit the same message multiple times, or to an overly large number of
recipients;</li>
<li>use “robots” or otherwise gaining access to any person’s email address for
the purposes of sending unsolicited or unauthorized material;</li>
<li>upload, post or otherwise transmit any Content that you do not have a right
to transmit under any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure agreements);</li>
<li>upload, post or otherwise transmit any Content that infringes any patent,
trademark, trade secret, copyright, publicity or other proprietary rights of
any party;</li>
<li>upload, post or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, junk mail, spam, chain letters, pyramid
schemes, or any other form of solicitation, except in those areas of the
Service that are designated for such purpose;</li>
<li>upload, post or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;</li>
<li>interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;</li>
<li>intentionally or unintentionally, violate any applicable local, state,
national or international law, including, but not limited to, the CAN SPAM Act
and any rules of any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock Exchange or the
NASDAQ, and any regulations having the force of law;</li>
<li>promote or provide instructional information about illegal activities,
promote physical harm or injury against any group or individual, or promote any
act of cruelty to animals. This may include, but is not limited to, providing
instructions on how to assemble bombs, grenades and other weapons, and creating
“Crush” sites;</li>
<li>Distribute or otherwise publish approval, any material containing any
solicitation of funds, promotion, advertising or solicitation of goods or
service; or</li>
<li>engage in any other questionable marketing or promotional behavior.</li>
<li>mxHero may investigate any and all suspected violations of the above,
including reviewing your account activity. You acknowledge and agree that
mxHero without notice, in its sole discretion, may suspend, modify or terminate
your Service if your conduct is found, in mxHero’s sole estimation, to be
unlawful, inconsistent with, or in violation of, these Terms of Use or any
other mxHero terms, conditions, rules and/or policies. mxHero may also engage
in legal action against you and may cooperate with law enforcement agencies,
including international agencies, to prosecute users involved in violations of
the above, whereby such violations may constitute a violation of certain
federal and state laws, including, but not limited to the Federal Computer
Fraud and Abuse Act.</li>
</ul>