Website Terms of Use

Last Modified: October 16, 2023

1. Acceptance of the Terms of Use

These terms of use are entered into by and between You and Digital Mailbox Inc., dba Zipinmail (“Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of www.Zipinmail.com, including any content, functionality, and services offered on or through www.Zipinmail.com (the “Website“), whether as a guest or a registered user, which includes but is not limited to the Zipinmail application (“Application”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [ PRIVACY POLICY WEB URL ], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 13 years of age or older, reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

2.Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

3. Account

You must register for an account (your “Account”) to use the Application. Certain features of the Application may only be available for use in the United States. Some features, such as the ability to send and receive Zipinmail, may be available only if you provide us with certain information about you and we are able to verify your identity and/or proof of address.

To register, open, use, or upgrade an Account, the Company may require that you submit certain information, including but not limited to your name, email address, text-enabled mobile phone number, street address, zip code, date of birth, social security number, a government issued form of identification, and certain other address verification documentation such as utility bills, lease, etc. You represent and warrant that you own the email or mobile phone number you register with us and all information entered or collected in the course of creating your Account and any information you subsequently add or update from your settings (“Account Information”) is true and accurate, and you agree to keep your Account Information current.

You hereby authorize the Company, directly or through Company’s use of third parties, to make any inquiries we consider necessary to validate your identity and your place of residence or business, or authenticate your identity and Account Information and, if applicable, your company or employer. This may include asking you for further information or documentation about your Account usage or identity, requiring you to take steps to confirm ownership of your email address, mobile phone number, mailing address or financial instruments, or verifying your information against third party databases or through other sources.

In connection with your use of the Application, you may not refuse to (a) cooperate in an investigation concerning activity that potentially violates the law or this Agreement, (b) provide confirmation of your identity or mailing address, or (c) provide confirmation of any information you provide us. If you decline to provide us with the information that we request or if we cannot verify your identity and mailing address to our satisfaction (in our sole judgment and discretion) for any reason, then your Account will not be established and you will not be able to use the Application. In addition, we reserve the right to change the account type, suspend or terminate the Account of anyone who provides inaccurate, untrue, or incomplete information.

The first time you access your Account using a new device we may require you to authenticate your Account with additional information. If your Account cannot be verified you may be required to set up a new Account.

4. Account Balance.
4a. Balance; Add Funds.
Your balance consists of the funds you have in your Account that are available for new transactions and are not subject to pending transactions (your “Account Balance”). You are solely responsible for all funds necessary to complete any transaction initiated through the Application.

Each time you instruct us through the Application to add funds to your Account Balance from your linked Payment Method, you authorize us to immediately debit the Payment Method linked to your account at the time of the transfer for the amount instructed, either in a single or recurring transaction, as applicable. You can cancel this authorization by unlinking your Payment Method from your Account. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party.

The Company may require a minimum deposit when adding funds to your Account Balance to process transactions and such minimum deposit amount may vary from time to time.

4b. You may use your Account Balance to:

Pay for transactions within the Application, including but not limited to Individual and/or Mass Zipinmail Transmission, Campaigns and Coupon Publication Fees.

Pay for your Zipinmail Subscription Plan.

Pay for additional mailboxes, storage or for any other products or services offered within Zipinmail platform.

4c. Transfer. You may electronically transfer funds from or to your Account Balance to or from an eligible bank account (“Cash In or Out”). By selecting an eligible bank account as your deposit source you are requesting that we settle an electronic transfer to or from your bank account. The Company will settle these electronic transfers to or from your eligible bank account in the amount you instruct, and you will not be able to cancel the ACH transfer. Such transfer to or from your eligible bank account via ACH will typically be debited or credited to your bank account or Account Balance within three (3) business days.

4d. Limitations. The Company may limit how many Cash Outs you can initiate and the amount of funds you can transfer in a single transaction. We reserve the right to delay or further limit such transfers at our discretion to protect the Company or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. If you attempt to transfer your Account Balance while we are conducting an investigation, we may hold your funds at our discretion to protect the Company or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. We also may defer or redirect payout or restrict access to your funds as necessary to comply with applicable law, subpoena or court order, or if requested by any governmental entity. You will remain liable for all obligations related to your Account even after the Account is closed.

If you do hold funds in your Account Balance, the Company will hold such funds separate from its corporate funds and will not use your funds for any corporate purposes, nor will the Company voluntarily make your funds available to its creditors in the event of bankruptcy. The Company will combine your funds with the funds of other customers and place those pooled accounts in one or more bank accounts in the Company’s name.
You agree that you will not receive interest on or other monies derived from the funds that the Company handles and places in pooled accounts. It is likely that the Company will receive interest or other income on funds held for its users. In consideration for your use of the Service, and with full knowledge and understanding that the Company will receive this interest, you irrevocably transfer and assign to the Company all rights that you may have in any interest that may accrue on funds held in pooled accounts.
5.Subscription.
Certain Application services and features require a subscription to use, descriptions of which can be found on the Company’s website at www.Zipinmail.com. Your Zipinmail subscription will continue and automatically renew until terminated. To use the Application you must have internet access and provide us with one or more Payment Methods. You must cancel your subscription before it renews in order to avoid billing of the subscription fees for the next billing cycle to your Payment Method (see “Cancellation” below).

We may offer a number of subscription plans and other paid services. Our paid services and subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding our paid services and Zipinmail subscription plans by visiting the Company’s website and clicking on the “Account” link available at the top of the pages under your profile name.

5a. Billing Cycle. The subscription fee for certain services and features of the Application, and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the “Account” page. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the service. Subscription fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid subscription began on a day not contained in a given month. Visit the Company’s website and click on the “Account” page to see your next payment date. We may authorize your Payment Method in anticipation of subscription or service-related charges through various methods, including authorizing it up to approximately one term of service per your subscription plan as soon as you register. If you signed up for the Application using your account with a third party as a Payment Method, you can find the billing information about your Zipinmail subscription by visiting your account with the applicable third party.

5b. Payment Methods. To use our subscription, add funds to your Account Balance, or any of our paid services, you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription or service fee. All transaction and service fees are due prior to rendering such services or processing of transactions and will be charged to your payment method. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Application until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

5c. Updating your Payment Methods. You can update your Payment Methods by going to the “Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

5d. Cancellation. You can cancel your Zipinmail subscription at any time, and you will continue to have access to the Application through the end of your billing period. To cancel, go to the “Account” page on the Company’s website and follow the instructions for cancellation. If you cancel your subscription, your subscription will automatically close at the end of your current billing period. To see when your subscription will close, click on the “Account” page. If you signed up for the Application using your account with a third party as a Payment Method and wish to cancel your Zipinmail subscription, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Application through that third party.

5e. Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any price changes or changes to your subscription plan will take effect following notice to you.

5f. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used subscription periods. If you cancel your subscription in the middle of a billing period, you will not be given any refund for the remaining unused billing period, and your subscription will be cancelled at the end of your current billing period. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.

6. SMS Terms and Conditions: Zipinmail may offer the option to our business customers to engage in conversations with you. Message frequency may vary. Message and data rates may apply. Text HELP to 424-744-0504 for help. You or your customers can reply STOP in those messages to cancel. Zipinmail or the Carriers we use are not liable for any delays or undelivered messages.

7.Campaigns & Coupon Publications.
a. Zipinmail Campaigns per CANSPAM & TCPA Regulations.

i. Our ‘Business Customers’ may utilize ‘Consumer Opt-In’ data with user consent to reach their audience using our platform. We do not share or sell the consumer information to you or any third parties. You may utilize our platform to deliver your messages to registered users and opt-in consumers with user consent.

ii. Our Business Customers may utilize our platform to send promotional electronic communications to opt-in consumers with user consent to participate in promotions, or otherwise communicate with those consumers for marketing purposes, consistent with their preferences and applicable law. We may also send you promotional electronic communications or invite you to participate in promotions. For example, when we collect your contact information through your interaction with our Site, we may use that information to follow up with you to send you information with your consent about our Third-Party Partners products and services and other information and materials that may be of interest to you, consistent with the context in which you provided your information.

iii. You may opt out of receiving any, or all, of these marketing communications via the ‘Unsubscribe’ link provided in such electronic communications or by emailing an opt-out request to: Support@Zipinmail.com. Consumers who click ‘Unsubscribe’ link will be removed from our opt-in consumer database and will not receive any future marketing communications.

iv. We identify the sender information in all our electronic communications. We may utilize a backend process to ensure the offers & marketing messages do not contain any prohibited content such as adult or child pornographic material, or political, religious or other insinuating messages prohibited by law. If your messages contain any such prohibited content, we may reject or block your campaigns and reserve the right to block all your future campaigns and/or suspend or delete your account permanently.

v. We may offer the option to our business customers to engage in conversations with you. Message frequency may vary. Message and data rates may apply. You or your customers can reply STOP in those messages to cancel. Zipinmail or the Carriers we use are not liable for any delays or undelivered messages.

vi. You agree that it is your responsibility to understand and comply with all federal, state, and local laws, including, without limitation, (a) The Telephone Consumer Protection Act, (TCPA)of 1991, (landline and mobile telephone); (b) CAN SPAM ACT OF 2003, (business and residential email); (c) The Junk Fax Protection Act of 2005; (d) along with any rules or regulations from the Federal Communications Commission (FCC) and A2P 10DLC regulations from the Telephone and Wireless Network & Carriers. You agree to indemnify and hold Digital Mailbox, Inc., dba Zipinmail and its divisions & affiliates harmless against all claims based in whole or part on your or the end user’s failure to comply with these laws. In no event shall Digital Mailbox, Inc., dba Zipinmail be liable for any claims against you or us by end users, consumers, businesses, telephone & network carriers or regulatory agencies for non-compliance, violations, lost profits, consequential, incidental, or special damages, or other claims of a similar nature as a result of your campaigns. If this provision fails for its essential purpose, and in all other cases, Zipinmail’s entire liability shall be limited to the amount received by Zipinmail on account of your subscription and/or purchase of the product or services.

b. Domain Connection & Registration:

i. Messages delivered within the Zipinmail platform may be encrypted and we may use various cloud security protocols to protect all data within our platform.

ii. We currently use AWS Infrastructure and AWS SES platform, and we may use other third party services to deliver messages on behalf of our clients via email, text & WhatsApp.

iii. We currently connect our business client’s domain to AWS SES platform to deliver their emails. If a client is unable or unwilling to connect their domain, we may use Zipinmail registered domains to deliver their campaigns.

iv. We run a verification check upfront and remove all identified bad emails & cell numbers from our Campaign database. In addition, we remove all hard bounces from our Campaign database to reduce undeliverable messages for spamming, spoofing and phishing. If there are too many hard bounces or if too many consumers report your marketing messages as ‘Spam’, your domain may be blocked, red flagged or otherwise adversely affected.

v. Businesses delivering Text messages are required to register their business per A2P 10DLC requirements. You agree to provide all required information such as your legal business name, address, structure (corporation, partnership, LLC etc.) federal employer ID and any other information required to register your business. In addition, you agree to include a ‘User Consent’ form in your website.

vi. We may create a separate phone number for you to deliver your text messages. If too many consumers unsubscribe, block or report your text messages as ‘spam’, your business and campaigns may be blocked, red flagged or otherwise adversely affected.

vii. Since we are delivering your messages to the opt-in consumers with user consent via various electronic communication channels on your behalf, you understand and agree that you shall be solely responsible for any adverse impact to your domain or your business reputation. We take no responsibility and we do not assume any legal liability for any adverse impact to your domain or your business reputation. You shall be solely responsible for any legal actions by anyone for failure to comply with any rules, regulations & laws, or for delivering Spam, Phishing, Spoofing or violating any regulatory requirements. You agree to indemnify and hold Digital Mailbox, Inc., dba Zipinmail and its officers, shareholders, employees, divisions & affiliates harmless against all claims based in whole or in part on your or the end user’s failure to comply with all applicable rules, regulations & laws. In no event shall Digital Mailbox, Inc., dba Zipinmail be liable for any claims against you or us by end users, consumers, businesses, telephone & network carriers or regulatory agencies for non-compliance, violations, lost profits, consequential, incidental, or special damages, or other claims of a similar nature arising from or as a result of your campaigns delivered through Zipinmail platform. If this provision fails for its essential purpose, and in all other cases, Zipinmail’s entire liability shall be limited to the amount received by Zipinmail on account of your subscription and/or purchase of the product or services.

8.User Rewards.

8a. User Rewards Generally. The Application may make available to you from time to time, in conjunction with certain third-parties, offers (each an “Offer”). When you redeem an Offer through the Application, you will accumulate rewards in your Zipinmail rewards account (“Rewards”). Each Offer may be subject to Additional Terms and may be discontinued by the Company at any time without notice. At any time and in the Company’s sole discretion, the Company may: (i) determine whether or not you are eligible to redeem an Offer; (ii) determine what constitutes a redemption to earn the rewards; (iii) determine whether or not you have earned Rewards; or (iv) adjust your Rewards total to accurately and fairly reflect the Rewards that you have actually earned. The Company may, in its sole discretion, deduct from your Zipinmail account any Rewards that the Company determines you have not earned or you have earned in violation of this Agreement. Prior to distribution, Rewards have no monetary value and you may not obtain any cash, money, or anything of value in exchange for your Rewards except as made available by the Company as stated herein.

8b. Rewards Redemptions and Minimum Rewards Level. Once you have accumulated a ‘Minimum Distribution Amount’ of Rewards in your Zipinmail account (the “Minimum Distribution Amount”) as displayed on the Company’s website, you may elect to have Zipinmail distribute your Rewards via one or more of the available distribution options as shown in the Application and on the Company’s website. The available distribution options are subject to change without notice to you, in accordance with this Agreement, and you have no vested right to any particular form or method of distribution. You may not redeem any Rewards, and you may not obtain any cash, money, or anything of value in exchange for your Rewards prior to reaching the Minimum Distribution Amount, or if subsequently your Rewards fall below the Minimum Distribution Amount, for as long as your Rewards remain below the Minimum Distribution Amount. The Minimum Distribution Amount is subject to change by the Company at any time. The Company may, at its sole discretion, limit the amount of Rewards that it can distribute in any given period of time or for any particular transaction. If you elect to close your Zipinmail account and you have undistributed Rewards that meet or exceed the Minimum Distribution Amount, you will be expected to distribute such Rewards prior to closing your account, and you must distribute those Rewards even if this means you must distribute your Rewards in the payout option with the lowest minimum distribution amount. If your account is terminated by the Company, and if you fail to properly distribute your Rewards in accordance with this Agreement when closing your account, or if at the time of closing you have less than the Minimum Distribution Amount in your account, any rights you have to the Rewards in your account will terminate and you will no longer be eligible to receive a distribution of such Rewards.

8c. Third-Party Payment Providers and Rewards Cash-out. Certain distribution options are provided by licensed money transmitters authorized by the Company to operate in connection with the Application (e.g., PayPal, Inc.) (“Authorized Money Transmitters”) and are subject to additional terms and conditions associated with your account with such Authorized Money Transmitter (the “Payment Provider Terms”). When you elect to distribute Rewards through an Authorized Money Transmitter, you further agree (i) that the Company is acting as your agent with respect to the payment processing, and (ii) that you are bound by the applicable Payment Provider Terms made available by that Authorized Money Transmitter, as such Payment Provider Terms may be modified by the Authorized Money Transmitter from time to time.

8d. Bonuses. From time to time, the Company may introduce special bonuses or incentives that may be available to you in connection with the Application (“Bonuses”). Such Bonuses may include, for example, a referral bonus to refer others to Zipinmail, using a personal referral code or URL (“Referral Bonus”). Bonuses earned shall be credited to your Account Balance and can be applied towards initial Subscription Plan, Transmission Fees or other products or services offered within Zipinmail platform, but cannot be encashed or combined with Rewards for ‘Cash Out’ or distribution.. You will not be eligible to earn Referral Bonuses if you invite other users who share the same mobile device or if they create multiple accounts in an effort to earn Referral Bonuses for inviting themselves, or if you publish your personal referral code on a public website, store, or forum for the purposes of referring people who you do not know personally. You represent and warrant that you will only refer Zipinmail to those individuals whom you know personally. Such actions violate this Agreement and shall be grounds for the Company to terminate your account, rescind any Referral Bonuses, reverse or correct user Rewards balances, or take other actions as appropriate. Where you cannot produce examples of how you made referrals, including screenshots of where you made referrals, the Company reserves the right to decline to award to you Referral Bonuses, rescind Bonuses, demand repayment of Rewards credited, or take other remedial actions.

8e. Taxes. Depending on applicable federal, state, and local tax laws, your distribution of Rewards may be subject to taxes. You will be solely responsible for any and all tax liability arising out of your distribution of Rewards and you agree to provide the Company with information the Company requests in connection with applicable federal, state, and local tax laws. You are solely responsible for any tax liability (including fees, penalties or fines) incurred by the Company as a result of your action or inaction in connection with the foregoing (including your failure to provide the Company with information). You agree that the Company is authorized to offset such tax liability from your Rewards.

8f. Escheatment. Under applicable state law, property which is presumed abandoned may under certain circumstances escheat to the applicable state after a certain amount of time, as determined by the law applicable in the state in which you reside (or of your last-known state of residence). You accept and agree that any amounts that remain in your Zipinmail account after such statutory period will be reported to your state of residence as unclaimed property, and the Company may be required to escheat any funds remaining in your Zipinmail account to your last-known state of residence. The Company shall have no liability to you, your respective heirs, legal representatives, successors and assigns, or any other party, should any or all of the remaining funds in your Zipinmail account escheat by operation of law.

9. Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy [LINK TO PRIVACY POLICY WEB], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

10. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

11.Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

12.Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

13.User Contributions

The Website may contain interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials using your domain, business name or phone number (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

14. Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.

Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted or sent via the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

15. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [LINK TO PRIVACY POLICY WEB].
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

16. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

17. Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

17a. Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy [LINK TO PRIVACY POLICY]. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
17b. Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.

17c. Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

18. Geographic Restrictions

The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

19. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

You understand we are delivering cold, unsolicited marketing messages to opt-in consumer database via various electronic communication channels on your behalf. We are a delivery platform and you hereby understand and agree that you shall be solely responsible for any adverse impact to your domain or your business reputation. We take no responsibility and we do not assume any legal liability for any adverse impact to your domain or your business reputation. You shall be solely responsible for any legal actions by anyone for delivering Spam, Phishing, Spoofing or violating any regulatory requirements.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20.Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY USER DATA, CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

22. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Los Angeles and County of Los Angeles, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

23. Arbitration

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

24. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

25. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

26. Entire Agreement

The Terms of Use and any other documents explicitly referenced herein constitute the sole and entire agreement between you and Digital Mailbox Inc. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

27. Your Comments and Concerns
This website is operated by Digital Mailbox Inc.

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: Support@Zipinmail.com