By using Email Checker’s (“Email Checker”, “we”, “our”, “us” or “provider”) services, you (“you”, “your”, “yourself”, “authorized users”, “client” or “customer”) agree to comply with this Terms of Service Agreement. Email Checker reserves the right to cancel, suspend, or terminate any service provided with or without a refund or notice or warning for any reason. Email Checker also reserves the right to change and modify this Terms of Service Agreement at any time with or without client notification. It is up to the client to periodically check and familiarize himself or herself with the most recent Terms of Service Agreement. If any client does not comply with the most recent Terms of Service Agreement modifications, his or her service will be terminated.
These terms and conditions govern your use of Email Checker; by using Email Checker services, you are accepting this Terms of Service Agreement in full. If you disagree with this Terms of Service Agreement or any part of this Terms of Service Agreement, you are not granted any rights to use Email Checker services in anyway.
You must be at least 18 years of age to use Email Checker services. By using Email Checker services and by agreeing to this Terms of Service Agreement you warrant and represent that you are at least 18 years of age.
You agree on behalf of yourself and your Authorized Users that you will not use Email Checker services in any of the following uses. Failure to do so will result in suspension and possibly termination of your account without refund. Your account may also be reported to FraudRecord at Email Checker’s sole discretion.
· You must not use Email Checker services in any way that causes, or may cause, damage to the service or impairment of the availability or accessibility of any Email Checker services; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
· You must not use Email Checker services in direct or indirect connection with sending unsolicited bulk commercial email of any kind.
· You must not use Email Checker services to verify email address(es) of anyone obtained indirectly.
· You must not use Email Checker services to verify email address(es) obtained via third party.
· You must not use Email Checker’s API services to verify email address(es) in bulk under any circumstances.
· You must not use Email Checker services to data mine or harvest email addresses or otherwise determine the existence of unknown email addresses.
· You must not use Email Checker services to verify email address(es) obtained in anyway that is or has ever been subject of any threatened or actual legal proceedings or similar complaint.
· You must not test or reverse engineer the Email Checker service or otherwise find limitations or vulnerabilities.
· You must not alter, tamper or distribute any part of the Email Checker service.
· You must comply with all applicable laws regarding use of Email Checker.
Email Checker does not enforce any restrictions pertaining to a limit of email address(es) that may be verified with Email Checker services other than a limit of 1 maximum concurrent connections that the client or authorized user must follow during their integration of Email Checker services. Email Checker does strictly enforce a fair use policy on all clients and authorized user’s accounts and reserves the right to limit said client or authorized user’s account to prevent damage to any Email Checker services or impairment of the availability or accessibility of any Email Checker services. The amount or the length of the restrictive limits placed on said client or authorized user’s account is at Email Checker’s sole discretion.
Bulk Email Verification
Email Checker does not permit email address(es) to be verified in bulk in any instance from any client or authorized user via the API. Email Checker provides transactional email verification services via the API which are intended to validate email address(es) at the point of capture from the end user only. Transactional integration examples including, but not limited to:
· You may verify email address(es) that are being entered into your opt-in form for your newsletter.
· You may verify email address(es) that are being entered into your registration form.
· You may verify email address(es) that are being entered into your shopping cart.
· You may verify email address(es) that are being entered into your call center database via customer support reps.
· You must not verify a list of email address(es) through Email Checker’s API services.
Email Checker reserves the right to perform audits of client and authorized user’s usage of the Email Checker services to confirm compliance with this Terms of Service Agreement. Should such audit indicate usage of services inconsistent with the Terms of Service Agreement, Email Checker reserves the right to immediately terminate all services without refund at Email Checker’s sole discretion.
The client or authorized users data must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against the client or authorized users or Email Checker (in each case under any applicable law).
The client or authorized users transmission of data to Email Checker services are acknowledgement that the client or authorized users grant Email Checker the right to systematically view your data (email address(es)) for the sole purpose of verifying if the email address(es) exist or do not exist. Email Checker staff will never actually see your data, only the statistics of your data such as exists or does not exist and any error messages associated in the efforts to increase the quality of Email Checker services. The client or authorized users data is sent over secure HTTPS connections and is encrypted using 2-way encryption methods while communicating with the verification servers to ensure the data stays safe at all times. Email Checker does not sell, share or use your data in anyway other than to verify email address(es). Email Checker does log email addresses verified by each API key for 30 days in an unrecoverable hash for the sole reason of deliverability guarantee claims. Email addresses verified via Email Checker services that are accuracy guaranteed events are stored in a SHA512 (Email Address + Salt) hash for 30 days. When a claim is received, Email Checker will perform the same hash method on the email addresses in the claim to compare against the data logged from the API key to extract the results of that specific verification test.
Email Checker’s services are unmanaged. Email Checker’s services are designed for programmers, developers, engineers, webmasters and related. In order to successfully utilize our services, the client or an authorized user should be familiar with the language of the client’s software and capable of integrating Email Checker services to the client’s software. Email Checker provides basic examples needed to configure and maintain the client’s software integration with Email Checker services. Email Checker provides Frequently Asked Questions covering various topics which may offer insight into the common questions regarding our services.
The client or an authorized user is responsible for the integration and management of the client’s software with Email Checker services. Email Checker works around the clock to ensure that our services are up and running as expected. Email Checker will not provide or assist with any integrations of Email Checker services other than the examples we have displayed by default.
You may contact Email Checker support for billing related, network related, account related and accuracy related reasons only. At no time shall Email Checker assist in the creation of client software integration.
Access to certain areas of Email Checker is restricted. Email Checker reserves the right to restrict access to areas of the website, or indeed the entire Email Checker service, at Email Checker’s sole discretion.
If Email Checker provides you with an account to enable you to access restricted areas of Email Checker services, you must ensure that the information is kept confidential between you and your Authorized Users.
Service Payments and Refunds
Email Checker offers a 3 day refund for your first payment to Email Checker on unused verifications. Verifications that the client or an authorized user has already consumed are not eligible for a refund in any form.
All orders placed through Email Checker are passed through an automatic fraud review system. If our fraud review system scores your order as dangerous, we may require submission of a government issued ID to allow continued use of our services. Failure to comply in a timely manner may result in suspension and/or termination without refund.
Disputes and Chargebacks
Raising a billing dispute with our payment processors or charging back a payment made to Email Checker will place the client’s account in bad standing. We reserve the right to immediately terminate all services without refund in such instances.
Email Checker utilizes FraudRecord to screen new orders for previous fraudulent activity and to report existing clients who violate our Terms of Service Agreement and/or Acceptable Uses. In case of a violation, you may be reported to FraudRecord for misbehavior using one-way encrypted information.
Any threat of legal action against Email Checker by a client will result in immediate account and service termination without refund.
At no time shall Email Checker be deemed in default of this Terms of Service Agreement for failure to render service when the causes are beyond Email Checker’s control.
Email Checker expressly disclaims any warranty for Email Checker services. All services are provided “as is” and “as and when available” without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Email Checker does not warrant or assume responsibility for the accuracy or completeness of any information, data, links, accuracy, validity or other contained within Email Checker services. Email Checker makes no warranties respecting any harm that may be caused by the client or authorized users ability to use or inability to use the Email Checker services. Email Checker further expressly disclaims any warranty or representation to Clients, Authorized Users or to any third party. You acknowledge that the entire risk as to the quality and performance of Email Checker services is with you and that you the client or authorized user assume the entire cost of any costs or damages incurred by the client or the authorized use.
Limitation of Liability
In no event shall Email Checker be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of the clients or an authorized users use of or inability to use Email Checker services, even if Email Checker has been advised of the possibility of such damages. In no event will Email Checker be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Email Checker shall have no liability with respect to the use of Email Checker services or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
You agree to indemnify, hold harmless and defend (collectively “indemnify” and “indemnification”) Email Checker and its partners, officers, employees, agents, stockholders and Affiliates (collectively, “Indemnified Parties”) from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of or relate to (1) any breach of any representation or warranty of the client or an authorized user contained in this Agreement, (2) any breach or violation of any covenant or other obligation or duty of the client or an authorized user under this Agreement or under applicable law, in each case whether or not caused by the negligence of Email Checker or any other Indemnified Party and whether or not the relevant Claim has merit.
If any provision of this Terms of Service Agreement is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Terms of Service Agreement.
If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, Email Checker reserves the right to delete that part, and the rest of the provision will continue in effect.
Nothing in this Terms of Service Agreement will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Terms of Service Agreement will exclude or limit Email Checker’s liability in respect of any:
· fraud or fraudulent misrepresentation on the part of Email Checker; or
· matter which it would be illegal or unlawful for Email Checker to exclude or limit, or to attempt or purport to exclude or limit, its liability.
This Terms of Service Agreement constitutes the entire agreement between the client and authorized users and Email Checker in relation to your use of all Email Checker services, and supersede all previous agreements in respect of the use of Email Checker services.
Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with the United States, and any disputes relating to this Terms of Service Agreement will be subject to the exclusive jurisdiction of the courts of Ontario.
Last updated: December 5th, 2016