MacTank—Email solutions for business

Terms of Service

We will try our very best so please do not sue us.

This is our current, very legalistic user agreement. As a U.S. company, we have to worry about these things. Let us know about anything in this agreement that concerns you at Support.

These Terms of Service (this “Agreement”) describe the legal relationship between you and Mobilati, (referred to in this Agreement as “we” or “us”), creators of the Mactank (the “Site”) and related products. We offer certain services and products, known as Mactank for information management, MailTemplate and EntourageTemplate, and as further defined below (the “Services”). Please read this Agreement very carefully. By clicking on the “Submit” button on the registration page, you accept the terms and conditions contained herein.

Our Services. We may add, delete or change some or all of the services provided as part of the Services or the Site at any time at our sole discretion. You are responsible for paying the Fees for the Services and any applicable license fees and taxes and for all hardware, software, licensing, service and other costs you may incur in connection with the Services as appropriate. We may add, delete or change some or all of the services provided as part of the Services or the Site at any time at our sole discretion.
Ownership of Material. Other than personally identifiable information which is covered under the Mobilati Privacy Policy, any material, information or other communication you transmit or upload to this Site (“Material”) will be considered non-confidential and non-proprietary. We will have no obligations whatsoever with respect to the Material. We and our designees will be free to copy, disclose, distribute, incorporate and otherwise use the Material and all data, images, sounds, text, and other things embodied therein for solely for the purpose of providing the Services.

You many not upload to Mobilati’s servers or otherwise provide any content to Mobilati hereunder that: (a) infringes on any third party’s intellectual property right or right of publicity or privacy; (b) violates any law or regulation; (c) is defamatory, obscene, harmful to minors or child pornographic; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots or other computer routines designed or intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. We shall not and shall not permit any User or third party to (i) frame or link to Mobilati’s website; (ii) impersonate or misrepresent a User’s affiliation with any person or entity; and (iii) access, attempt to access, tamper with or use non-public areas of the Services, the Mobilati Site, Mobilati’s computer systems, or the technical delivery systems of Mobilati or its licensors except as expressly authorized.

We may, but are not obligated to, monitor or review any areas on the Site where users transmit or post Material or communicate solely with each other, including but not limited to and the content of any such Material. However, we will have no liability related to the content of any Material, whether or not arising from the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove messages that include an advertisement for sale, private information on other users and/or our employees, any material deemed abusive, defamatory, obscene or otherwise unacceptable. Any violation of the foregoing may result the revocation of your permission to use the Site or the Services.

Termination. Either of us can terminate this Agreement at any time for any reason by so notifying the other and upon such termination you must terminate use of the Services. Sections 10, 11, 12, 13, 15 and 17 below survive termination. Notwithstanding the foregoing, we may terminate this Agreement immediately and without notice if: (a) you breach this Agreement, (b) you repeatedly infringe the intellectual property rights of a third party (c) any Material violates any applicable laws.
License grant. To the extent necessary for us to provide the Services and operate the Site, subject to the terms of this Agreement, you hereby grant to Mobilati a non-exclusive, perpetual, irrevocable, royalty-free license to (a) use, reproduce, distribute, create derivative works of, publicly perform, publicly display an digitally perform and distribute Customer Content solely to provide the Services, and on or through the Mobilati Site and to (b) use any trademarks, service marks or trade names incorporated in the Material (only in connection with the Material); and (c) use the name and likeness of any individuals represented in the Material (only in connection with the Material). We can sublicense these rights to our business partners as necessary in the ordinary course of business to provide the Services.
Representations and Warranties. You represent and warrant that (a) you have full right and power to enter into and perform this Agreement, and have secured all third party consents necessary to enter into this Agreement; (b) the Material does not and will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights; (c) the Material does not and will not violate any law, statute, ordinance or regulation; (d) the Material is not and will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) the Material is not and will not be obscene, child pornographic or (unless distributed only to people legally permitted to receive such Material) harmful to minors; (f) the Material does not and will not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (g) all factual assertions that you have made and will make to us are true and complete.
Waiver of other royalty claims and payments. As long as we use your Material in accordance with the terms of this Agreement you waive any and all claims you may have to compensation for our use of your Material, including without limitation claims that may relate to your affiliation with performance rights societies, mechanical rights agencies, or unions.
No spamvertising and other restrictions. You shall comply with all laws and regulations applicable to your use of the Services, the Site, and any Material you upload or import onto, or stream through, our servers. We may take any action with respect to your Material if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers. In particular, you are not permitted to use our name, URL, trademarks or other material in connection with “spam” e-mail messages or newsgroup postings. For the purposes of this Agreement, “spam” has the meaning generally understood among Internet users, and includes without limitation “unsolicited electronic mail advertisements” as that phrase is defined under California Business and Professions Code section 17538.45. You may not impose an unreasonable or disproportionately large load (as determined by us in light of the load imposed by other users generally) on our infrastructure. You may not use any “bot” or other automated repetitive or iterative mechanism or the like to gain any sort of benefit from us or any business partner of ours.
Our privacy policy. Our Privacy Policy is available at /mailtemplate/privacy.html. By accepting this Agreement, you expressly consent to disclosures of your personally identifiable and other personal information to third parties, and to our use of your information, as enumerated in our then-current privacy policies, which are incorporated herein by reference.
Disclaimer. WE PROVIDE THE SERVICES AND THE SITE “AS IS”. WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the Site or the Services. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
Limited remedy; waiver of certain damages. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, THE SITE OR THIS AGREEMENT. IN NO EVENT SHALL OUR LIABILITY TO YOU OR ANY THIRD PARTIES EXCEED $100. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
Links to Other Websites. If any, links to third party websites on this Site are provided as a convenience to you. If you use these links, you may leave the Site. We make no representation that we have reviewed such sites, and we do not control and are not responsible for any of these sites or their content. We therefore do not endorse or make any representation about them or any software, products, services, or other content or materials appearing thereon, or any results that may be obtained from your use of such software, products, services, or other content or materials. Your decision to access any third party site linked to on the Site is entirely at your own risk.
Export Compliance. By downloading any software or technical data from the Site, you assume responsibility for complying with applicable export/import laws and regulations and agree not to export or re-export this software or technical data without applicable export authorization. You may not export or re-export any software obtained from the Site or any copy or adaptation thereof in violation of any applicable laws or regulations. You may not download, export or re-export any software obtained from the Site or any copy or adaptation thereof to or within Cuba, Iran, Iraq, Libya, and North Korea. You are the direct or indirect recipient of any software obtained from the Site which may be classified according to the U.S. Commerce Control List as eligible for export under license exception “Technology and Software Under Restriction” (“TSR”) to all permitted destinations. You agree not to download, export or re-export any software, or any copy or adaptation, or any direct product based on any software without proper U.S. government authorization to destinations not eligible for exports under license exception TSR.
Who “you” are. “You” are the individual who executes this Agreement and warrants and represents to us that they are authorized to act in the capacity which is reasonably inferred from the circumstances. By accepting these terms, you confirm that you are of legal age to enter into this Agreement or that you are doing so with the knowledge and approval of your parent or legal guardian. Your acceptance of these terms confirms such approval.
Indemnity. You agree to indemnify and hold us and our customers and business partners harmless from all damages and costs, including attorney’s fees, arising out of or related to your breach of this Agreement.
Modifications. We may amend this Agreement at any time by sending the amended terms to your e-mail address. Such amendments will be effective when sent. Alternatively, we may display the amended terms to you when you access the Services or any part of the Site, in which case such terms shall be effective when displayed. Otherwise, this Agreement may not be amended except in writing signed by both parties.
Miscellaneous. You agree to execute and deliver documents to us, upon our reasonable request, that evidence or effectuate our rights under this Agreement. This Agreement is governed in all respects by the laws of the State of California, excluding its conflict of law principles. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. We both agree that any cause of action relating to this Agreement shall be brought in a court in New York, New York, and we both irrevocably submit to the exclusive personal jurisdiction of such courts. No agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control. You agree that we may communicate with you via e-mail and any similar technology for purposes relating to the Services, the Site, and any services provided or which may in the future be provided by us or on our behalf. This Agreement sets forth the entire understanding and Agreement between us with respect to the subject matter hereof. All notices, requests and other communications under this Agreement must be in writing (e-mail messages shall be deemed writings) and shall be effective (a) for us, upon our actual receipt of such notice; (b) for you, upon the sooner of your actual receipt of such notice or three days after we send an e-mail message to the address which you supply below.
How you can reach us. The Services hereunder are offered by Mactank. You can reach us at 877-MacTank (622-8265). You may also reach us by e-mail at Support.

Terms of Service

We will try our very best so please do not sue us.

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