Boxbe Terms of Service

Last updated on November 23, 2011

Please read these terms and conditions and the FAQ carefully before registering for Boxbe. Your use of Boxbe's services indicates that you accept these terms and conditions. You are not permitted to register for or use any of Boxbe's services if you are under the age of 13 or if you are under the age of 18 and your parent or legal guardian has not reviewed and agreed to this Terms of Services and the Privacy Policy on your behalf.

Welcome to Boxbe! Boxbe provides its services to you subject to the following Terms of Service ("TOS"). Boxbe may update these TOS from time to time without direct notice to you. Boxbe will post a notice on your Dashboard page when there are material changes to the TOS changes with a link to the updated TOS. You agree to regularly check your Boxbe Dashboard. Such notices will remain for a minimum of 30 days or until until you choose to delete them. You can always review the most current version of the TOS at http://www.boxbe.com/terms.

When using any of Boxbe services, you agree that you and Boxbe shall be subject to the most current posted Terms of Service and Privacy Policy whether or not you read the updates and notices. The latest TOS can be reviewed below. Boxbe's Privacy Policy is published at http://www.boxbe.com/privacy. The Privacy Policy and Boxbe guidelines and rules are hereby incorporated by reference into the TOS.

By using Boxbe and enrolling one or more of your email accounts, you agree to allow Boxbe to perform the operations described in the Description of Service and use data collected in a manner consistent with the Privacy Policy. Your use of Boxbe services is subject to your continued compliance with these Terms of Service. Boxbe is under no obligation to provide services to you. Boxbe may offer other services in the future that are governed by different Terms of Service and policies.

1. DESCRIPTION OF SERVICE

Boxbe offers an email screening, prioritization, presentment and monitoring service, and may offer other services in the future, to registered members. If you register with Boxbe and enroll your email accounts by providing the required authorization and credentials, Boxbe accesses your enrolled email accounts to find, annotate, and move (or re-label) your email messages according to policies that the services help you setup, define, and manage. Courtesy Notices, sent on your behalf in response to messages from senders who you have recently or not yet approved, help you receive wanted messages more quickly and simplify upkeep of your policies. Boxbe pays for and profits from its services as described in the Message Content; Your Policy Data section of and elsewhere in the Privacy Policy.

The Boxbe services are for email users who have an existing email service (and email address) with a third-party provider.

The optional public directory listing helps people who might be looking to make contact with you find an email address they can use.

Boxbe's services are limited to one Boxbe account per person. A detailed description of Boxbe's services is available in the Frequently Asked Questions (FAQ) and in "How It Works" .

2. MEMBER ACCOUNT, PASSWORD AND SECURITY

Upon completion of your registration process at Boxbe.com, you may receive a validation message at the email address you provided. Once you confirm your registration, your Boxbe account will be active. You are responsible for maintaining the confidentiality of the your password and your account. You are also responsible for all activities that occur under your account. You agree to immediately notify Boxbe (support@boxbe.com) of any unauthorized use of your password or account or any other breach of security. Boxbe will not be liable for any loss or damage arising from your failure to comply with these Terms and Conditions.

You understand that Boxbe's services and software embodied within the service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Boxbe. You may not attempt to override or circumvent any of the usage rules embedded into the service or its underlying software. Any unauthorized reproduction, distribution or public exhibition of the materials provided on Boxbe's service, in whole or in part, is strictly prohibited.

3. PUBLICITY

Any use of Boxbe´s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with these Terms of Service.

4. PRIVACY

Privacy and control over personal information is important to you and to Boxbe.

You do, however, agree that Boxbe may disclose your information if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service. Personal information collected by Boxbe is stored and processed in the United States.

5. INDEMNITY

You agree to indemnify and hold Boxbe and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim, liability or demand, including attorneys' fees, made by any third party due to or arising out of information you submit, emails you send, or emails sent to you via Boxbe's services, your use of Boxbe's services, your connection to Boxbe's services, your violation of the TOS, or your violation of any rights of another person or entity.

6. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Boxbe may establish general practices and limits concerning use of its services. This includes, but is not limited to, the number of email messages or other content that Boxbe will process or manage, the maximum number of email messages that may be sent from or received by an account, the maximum size of any email message that may be sent from or received by an account, and the maximum number of times (and the maximum duration for which) you may access Boxbe's services in a given period of time. You agree that Boxbe has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by Boxbe in your behalf. You further acknowledge that Boxbe reserves the right to modify these limits and general practices from time to time.

7. ACCOUNT INACTIVITY

After a period of inactivity, Boxbe reserves the right to disable or terminate a user's account.

8. TERMINATION

You may cancel or disable your use of Boxbe's services at any time by logging into the Account Info page at https://www.boxbe.com/account-info or by providing notice to Boxbe by sending a request to service@boxbe.com. Boxbe will terminate your account within five business days of receiving your request. Boxbe may at any time and for any reason terminate your use of its services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless Boxbe has previously canceled or terminated your use of Boxbe's services (in which case subsequent notice by Boxbe shall not be required), if you have provided an alternate email address, Boxbe will attempt to notify you via email of any such termination or cancellation, which shall be effective immediately upon issuance of such notice. Sections 2-5 and 9 of this TOS Agreement, shall survive expiration or termination.

9. LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT BOXBE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BOXBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE BOXBE'S SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM BOXBE'S SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (v) ANY OTHER MATTER RELATING TO BOXBE'S SERVICES.

10. GENERAL

This TOS and the corresponding Privacy Policy shall be governed by the laws of the State of New York, without regard to its conflict of laws principles. Any action or proceeding seeking to enforce any provision of, or based upon any rights arising out of this TOS and the corresponding Privacy Policy may be brought against either of the parties solely in the courts located in Manhattan in the State of New York or if it has or can acquire jurisdiction, in the United States District court for the Souther District of New York, and each of the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue therein. Process in any action or proceeding referred to in the preceding sentence may be served on any party anywhere in the world. This TOS and the corresponding Privacy Policy constitute the entire agreement between the parties with respect to the subject matter hereof. There are no agreements, representations, warranties, promises, covenants, commitments or undertakings other than those expressly set forth herein. This TOS and the corresponding Privacy Policy supercede all prior agreements, representations, warranties, promises, covenats, commitments or undertakings, whether written or oral, with respect to the subject matter contained in this TOS and the corresponding Privacy Policy.