Terms & Conditions

Last Modified: June 30, 2013
  1. This Site is owned and operated by OtherInbox. The Site and its content (“Content”) and the OtherInbox email services (“Services”) may only be accessed in accordance with this Agreement. Any violation of the copyright in the Content, Services or this Agreement may be enforced by OtherInbox or the copyright owner to the fullest extent allowed by law. The Services are designed to help you with your email (“Your Email”). You may not use the Site, Content or any Services for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of OtherInbox or others. The Site also contains descriptions of and links to applications that are owned and operated by third parties (“Third Party Apps”). OtherInbox does not own or operate such Third Party Apps and disclaims all responsibility for such Third Party Apps. If you are interested in any Third Party App, we recommend that you check and understand such Third Party App’s terms of use and privacy policy.
  2. You acknowledge and agree that OtherInbox may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at OtherInbox’s sole discretion, without prior notice to you. You may stop using the Services at any time. You acknowledge and agree that if OtherInbox disables access to your account, you may be prevented from accessing the Services, your account details or any files or other materials which is contained in your account.  OtherInbox may offer, at its sole discretion, the opportunity for you to evaluate the Service with free or reduced charge.
  3. You acknowledge and agree that OtherInbox may stop (permanently or temporarily) providing the Site and/or Services (or any features within the Services) to you or to users generally in OtherInbox’s sole discretion, without prior notice to you. You may stop using the Site and/or Services at any time. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any OtherInbox Service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific OtherInboxService. You acknowledge and agree that if OtherInbox disables access to your account, you may be prevented from accessing the Services, your account details or any files or other materials which are contained in your account. OtherInbox may offer, in its sole discretion, the opportunity for you to evaluate the Services with free or reduced charge. Each of these policies may be changed from time to time and are effective immediately upon posting such changes to the Site.
  4. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by OtherInbox, unless you have been specifically allowed to do so in a separate written agreement with OtherInbox. You agree that you will not engage in any activity that interferes with or disrupts the Site and/or Services (or the servers and networks which are connected to the Site and/or Services). You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, any Content or the Services, or in any way reproduce or circumvent the navigational structure or presentation of the Site ,any Content or the Services, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site or Services. Unless you have been specifically permitted to do so in a separate written agreement with OtherInbox, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that, as between you and OtherInbox, you are solely responsible for (and that OtherInbox has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which OtherInbox or its Affiliates (defined below) may suffer) of any such breach. “Affiliates” means any corporate entity which, directly or indirectly, through one or more intermediaries, Controls or is Controlled by, or is under common Control with, another corporate entity, where “Control” means the ownership or control, either directly or indirectly, of greater than fifty percent (50%) of the voting rights of such entity.
  5. You understand that whether information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) contained in Your Email complies with applicable laws is the sole responsibility of the person from which such materials originated, which may be you.
  6. OtherInbox reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the Content or other materials accessed through the Service other than Your Email. Any use of Content, or descriptions; any derivative use of this Site or its materials; and any use of data mining, robots, or similar data gathering and extraction tools are strictly prohibited. In no event shall the user frame any portion of the Site or any materials contained therein.
  7. While OtherInbox uses reasonable efforts to include accurate and up-to-date information on the Site, OtherInbox makes no warranties or representations as to its accuracy or completeness. OtherInbox (and its Affiliates) assume no liability or responsibility for any errors or representations in this Site, the Content or the Services.
  8. The Site may contain links to other sites on the Internet which are owned and operated by third parties (the “External Sites”) such as the Third Party Apps. You acknowledge that such External Sites are not under OtherInbox’s control, and OtherInbox is not responsible for the availability of, the materials located on or services accessed through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials or services located on or through such External Sites. Please note that such External Sites are governed by their own Terms of Use and Privacy Policies.
  9. Users of the Site may post comments, reviews, and other materials and submit suggestions, ideas, or other information, provided, the materials do not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party. You acknowledge that by accessing the Site, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that OtherInbox and its Affiliates shall have no liability to you for the content including, but not limited to, explicit language and other potentially offensive material. You agree not to impersonate any person or communicate under a false name or a name you are not entitled or authorized to use. OtherInbox has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.
  10. If you post content or submit material, unless such content or material submittal is subject to separate terms and conditions, OtherInbox shall own such content and material and you hereby assign any rights in such content and material to OtherInbox (for example any comments left on the OtherInbox blog or the OIB.me web site). In the event ownership in the content or material cannot be granted to OtherInbox, you grant OtherInbox and its Affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, copy, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant OtherInbox, its Affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. Furthermore, you represent and warrant that your use of the Service in connection with any Content or third party content complies with all laws including, but not limited to, United States copyright law. You agree to indemnify, defend and hold harmless OtherInbox and its Affiliates from any claims resulting from any content or materials you provide hereunder or your use of the Service.
  11. At your discretion, you may provide feedback to OtherInbox concerning the functionality and performance of any Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to OtherInbox. In the event ownership in the Feedback cannot be granted to OtherInbox, you hereby grant OtherInbox at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that OtherInbox may disclose that Feedback to any third party in any manner and you agree that OtherInbox has the ability to sublicense all Feedback in any form to any third party without restriction.
  12. The Site may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and this Agreement, the terms and conditions of the other area shall prevail. OtherInbox may at any time revise this Agreement by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Agreement to which you are bound.
  13. You shall not transmit to OtherInbox or upload as part of the Service any Harmful Code or use or misappropriate the data on this Site for your own (or a third party’s) commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
  14. You may not use your username and password for any unauthorized purpose. Furthermore, you may not share your username or password with others.
  15. OtherInbox may retain and use, information collected in your use of the Service, provided such information does not individually identify you or Your Email.
  16. OtherInbox may terminate your access to our Site or the Service for any reason at any time.
  17. By using this Site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. If you do not agree to this Agreement, please do not use the Site. THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED BY THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS OF ANY STATE OR JURISDICTION. ANY ACTION OR SUIT RELATED TO THIS AGREEMENT SHALL BE BROUGHT IN NEW YORK, NEW YORK.
  18. The materials on this Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of OtherInbox’s proprietary rights in them.
  19. THE MATERIALS, CONTENT ON THIS SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHERINBOX AND ITS AFFILIATES SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SITE,SERVICES, ANY EXTERNAL SITE OR ANY THIRD PARTY APPS. OTHERINBOX AND ITS AFFILIATES MAKE NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SITE OR THE SERVICES. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, OTHERINBOX AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. OTHERINBOX AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.
  20. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL OTHERINBOX, ITS AFFILIATES OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR ANY OF THE SERVICES, EVEN IF OTHERINBOX AND ITS AFFILIATES BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. OTHERINBOX’S (INCLUDING ITS AFFILIATES) AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $100, EVEN IF OTHERINBOX (AND ITS AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  21. You agree to indemnify, defend and hold OtherInbox and its Affiliates, including their respective officers, directors, shareholders, predecessors, successors in interest, employees, and agents (together, the “Indemnified Parties”), harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against such Indemnified Parties by any third party arising out of, related to or in connection with your use of the Site or any Content or Services.
  22. This Agreement shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy. Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.