Terms & Conditions

Please read these terms of service very carefully before registering for the ZeroMail web site and Service. These terms of service (“Agreement”) govern you accessing content and using zeromail.com. This Agreement between you (“you”) and ZeroMail, is subject to change at any time at our sole discretion. By clicking the “I Accept” button below, you (i) accept this Agreement; (ii) agree to be bound by this Agreement; and (iii) have entered into a binding agreement between you and ZeroMail.

1. This web site (“Site”) is owned and operated by ZeroMail Pty. Ltd. (referred to as “ZeroMail” herein). The Site and its content (“Content”) and the ZeroMail email service (“Service”) may only be accessed in accordance with this Agreement. Any violation of the copyright in the Content or this Agreement may be enforced by ZeroMail or the copyright owner to the fullest extent allowed by law. The ZeroMail Service is an email workflow management tool designed to reduce the amount of time spent managing email and increase productivity. As the Service is still in Beta, bugs can appear from time to time. If you find a bug, please report it to us at support@zeromail.com
2. While using ZeroMail, the system will collect specific information in regards to your use, including user communicated content, cookies, transaction times, and other data generated during the use of the system. This information will only be used to provide, protect, maintain, and improve our services. For any other use, or use with a third party not directly involved in the provisioning of the service, we will ask for your consent prior to such use.
3. ZeroMail may retain and use, information collected in your use of the Service, provided such information does not individually identify you or Your Email.
4. You acknowledge and agree that ZeroMail may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at ZeroMail’s sole discretion, without prior notice to you. You may stop using the Services at any time. You acknowledge and agree that if ZeroMail 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. ZeroMail may offer, at its sole discretion, the opportunity for you to evaluate the Service with free or reduced charge.
5. 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 ZeroMail, unless you have been specifically allowed to do so in a separate agreement with ZeroMail. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with ZeroMail, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that ZeroMail 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 ZeroMail may suffer) of any such breach.
6. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) contained in Your Email are the sole responsibility of the person from which such materials originated, which may be you.
7. While ZeroMail uses reasonable efforts to include accurate and up-to-date information on the Site, ZeroMail makes no warranties or representations as to its accuracy. ZeroMail assumes no liability or responsibility for any errors or representations in the Content or this Site.
8. At your discretion, you may provide feedback to ZeroMail concerning the functionality and performance of the 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 ZeroMail. In the event ownership in the Feedback cannot be granted to ZeroMail, you grant ZeroMail 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 ZeroMail may disclose that Feedback to any third party in any manner and you agree that ZeroMail has the ability to sublicense all Feedback in any form to any third party without restriction.
9. ZeroMail may terminate your access to our Site or the Service for any reason at any time.
10. By using this Site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including Australian 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 SOUTH WALES, AUSTRALIA 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 SYDNEY, NEW SOUTH WALES, AUSTRALIA.
11. THE MATERIALS, CONTENT ON THIS SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ZEROMAIL SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SITE OR SERVICES. ZEROMAIL MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, ZEROMAIL DISCLAIMS 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. ZEROMAIL IS 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.
12. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ZEROMAIL 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 THE SERVICE, EVEN IF ZEROMAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. ZEROMAIL’S AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $100, EVEN IF ZEROMAIL HAS 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.
13. 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.

April 2, 2012