3. Your Information.

1. The term “Your Information” means collectively the following: (i) any information or materials you provide to us in connection with our registration process, your use of any Services, or in email correspondence with us, and (ii) any information or materials you provide to other users of the Site in connection with your use of any Services. Please note that the information and materials included in Your Information may include without limitation textual information, graphic images, photographs, and audio-visual materials.
2. You represent, warrant and agree that Your Information does not and shall not (i) violate any applicable law (including without limitation those relating to import and export control, consumer protection, and false advertising), (ii) infringe the intellectual property rights of any third party, including without limitation any copyright, patent, trademark, trade secret or other proprietary rights, (iii) infringe the right to privacy or publicity of any third party, (iv) defame any third party or contain libelous material, (v) contain any virus or other computer programming that may damage, intrusively monitor, compromise the security of, or otherwise interfere with the operation of the Site or the Services, or data provided by other participants on such Site, or (vi) damage the reputation, business or goodwill of Company. In addition to any other lawful remedies, if we believe that any of Your Information posted on the Site does not conform to the foregoing requirements or otherwise may expose you or Company or any of its subsidiaries and affiliates to potential liability or the threat of litigation, then Company may, in its sole discretion, delete such information. You agree that you shall be solely liable for any claims or damages resulting from any infringement of copyrights, proprietary rights, or other legal rights or any other harm resulting from the submission of Your Information.
3. Our Privacy Policy also applies to some or all of Your Information.

4. Copyright, Trademarks and Limitations on Use.

You acknowledge that the Services contain information, text, software, photographs, audio and video clips, graphics, links and other material (collectively, the “Content”) that are protected by copyright, trademark or other intellectual property rights of Company or its licensors. As between you and us, you agree that all Content used or made available at the Site or through the Services is copyrighted as a collective work of the Company pursuant to applicable copyright law, that Company owns a copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in the Content original to Company. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Services.

5. Site Access; Interference with Services; Monitoring; Compliance with Laws.

1. We do not guarantee continuous, uninterrupted, error-free or secure access to the Services, and operation of the Site may be interfered with by numerous factors outside of our control.
2. You agree that Company has the right, but not the obligation, to monitor any form of user activity associated with the Site and the Services. We may investigate any reported violation of our Site-related agreements and policies, and any user or other third party complaints relating thereto. We may take any action that we deem appropriate in connection with any such investigation (including without limitation issuing warnings, suspending or terminating Services, denying Site access and/or removing any materials posted on the Site). We may also investigate, in our sole discretion, the use of any credit card by a user in connection with the Services, and take such action as we deem necessary or appropriate, including without limitation contacting the owner or user of such card or canceling purchase orders placed by such owner or user.
3. The Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services and any transactions that may be facilitated, directly or indirectly, by means of the Services. Without limiting the generality of the foregoing, you agree not to engage in spamming or other impermissible advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations, including, without limitation, the CAN SPAM Act of 2003. In addition, you agree to (i) only register for domains that you own and control; (ii) send messages only using domains that you own and control and not spoof the sender of those messages; (iii) only send messages to recipients that have requested and agreed to receive messages by ‘opting in’ to receiving those messages, (iv) give recipients the ability to unsubscribe from future messages by including a conspicuous unsubscribe link or email address that removes that recipient from future messages.
4. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of, or compromise the security of the Site or the Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the server infrastructure of the Site.
5. You may not register to use any Services under a false name, or use an invalid or unauthorized credit card in connection with any Services. You may not make offers to purchase any goods or services under a false name while using the Services. You may not impersonate any other user of the Services, or make use of another user’s password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported by us to law enforcement authorities, and we will cooperate with such authorities to ensure that violators are prosecuted to the fullest extent of the law.

6. External Sites.

The Services may contain links to websites on the Internet which are owned and operated by third parties (“External Sites”). This Agreement does not apply to your use of any External Site to which this Site only links, and we are not responsible for the availability of, or the content located on or through, any External Site to which the Site links.

7. Disclaimer of Warranties and Risk of Use; Limitation of Liability.

1. YOU UNDERSTAND THAT THE SERVICES (INCLUDING WITHOUT LIMITATION THE MAILGUN PROPERTIES) MAY CONTAIN DEFECTS AND THAT COMPANY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THE USE, PERFORMANCE, OPERATION OR SUPPORT OF THE SERVICES. BY WAY OF EXAMPLE ONLY, COMPANY DISCLAIMS ALL CONDITIONS OF QUALITY AND ALL WARRANTIES, INCLUDING WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. IT IS FURTHER UNDERSTOOD BY YOU THAT, EXCEPT AS OTHERWISE AGREED IN WRITING BY THE COMPANY, NO COMMITMENT EXISTS ON THE PART OF THE COMPANY EITHER TO INSTALL THE MAILGUN PROPERTIES OR TO RENDER THE SERVICES IN A CONDITION SUITABLE FOR INSTALLATION IN ANY COMPUTING FACILITY OWNED OR LEASED BY YOU. YOU ACKNOWLEDGE THAT THE SERVICES ARE DELIVERED ON AN “AS IS” BASIS AND YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. YOU SHALL HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACK-UP OF ANY DATA USED IN CONNECTION WITH USING THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
2. YOU AGREE THAT IN NO EVENT SHALL COMPANY BE LIABLE UNDER ANY THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY) FOR (i) DIRECT DAMAGES OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES SUCH AS, BUT NOT LIMITED TO, EQUIPMENT DOWN-TIME, LOSS OF DATA, LOST PROFITS, LOSS OF INFORMATION, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER SIMILAR DAMAGES, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. THIS LIMITATION OF LIABILITY ALSO APPLIES TO ANY DEVELOPER, SUPPLIER OR LICENSOR OF THE SERVICES OR ANY PORTION THEREOF. EACH SUCH DEVELOPER, SUPPLIER OR LICENSOR IS AN INTENDED BENEFICIARY OF THIS SECTION.

8. Indemnity.

You agree to indemnify, defend and hold harmless Company, its affiliates, and each of their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Company Parties”) from and against any and all claims, liability, losses, costs and expenses (including attorney fees, accountant fees, expert fees and related costs of investigation) incurred by any Company Party in connection with (a) your breach of any representation or warranty or other provision of this Agreement or any additional agreement entered into by you and us, and (b) any use, misuse or alleged use of the Services under your password by any person, whether or not authorized by you. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company’s defense of such claim.

9. Amendments.

We reserve the right, exercisable in our sole discretion, to change, modify, add to, subtract from, or otherwise amend the terms and conditions of this Agreement at any time. Such changes, modifications, or other amendments shall be effective upon notice to you thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Except as may be otherwise expressly stated in any notice given to you by us, all such amendments of this Agreement shall automatically become effective no later than the date which is 30 days following the date upon which each such amendment of this Agreement is first posted on the Site. This Agreement may not otherwise be amended. Your continued use of the Services constitutes your binding acceptance of this Agreement, including any changes or modifications made by us as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you must immediately cease all use of the Services. The right to access and use the Services is personal to you and is not transferable to any other person or entity.

10. Notices.

Except as explicitly provided otherwise, any notices shall be given by postal mail to:

Mailgun, Inc.,
1745 Franklin St, Suite 403
San Francisco, CA 94109
Attn: President

or by email to the email address you provide to Company during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Company during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

11. Equitable Relief.

You hereby acknowledge that unauthorized disclosure or use of the Services would cause irreparable harm and significant injury to Company that may be difficult to ascertain. Accordingly, you agree that Company will have the right to seek immediate injunctive relief to enforce your obligations under this Agreement in addition to any other rights and remedies Company may have.

12. Term.

The term of this Agreement will commence, and you may begin using the Services, once you agree to the terms and conditions of this Agreement by opening an account and completing the registration process for your account. The Agreement will remain in effect until terminated by you or us in accordance with this Section. You may terminate this Agreement for any reason or no reason at all, at your convenience, by providing us written notice of termination in accordance with Section 10 and closing your account for any Service for which we provide an account closing mechanism. We may suspend your right and license to use any or all of the Services and any associated Mailgun Properties or terminate this Agreement in its entirety (and, accordingly, cease providing all Services to you), for any reason or for no reason, at our discretion at any time, immediately upon notice to you in accordance with the notice provisions set forth in Section 10. In the event that this Agreement is terminated for any reason, the rights and obligations of the parties under Sections 2, 3, 4, 5, 7, 8, 11, 12 and 13 shall survive the termination of this Agreement without limitation.

13. General.

This Agreement shall be governed in all respects by the laws of the State of New York as such laws are applied to agreements entered into and to be performed entirely within New York between New York residents and without giving effect to any principles of conflicts of laws. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent permissible by applicable law. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to such breach or any subsequent or similar breaches. Any waiver of rights by us must be made in a signed written instrument. The Site and the Services are arranged, sponsored, or managed by Company in the State of New York. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in New York, New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

14. Copyright.

‘Mailgun,’ and the Mailgun logo are trademarks of Mailgun, Inc.

Mailgun (“Mailgun”) respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Mailgun will respond expeditiously to claims of copyright infringement committed using the Mailgun Service and/or the Site if such claims are reported to Mailgun’s Designated Copyright Agent identified below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Mailgun’s Designated Copyright Agent. Upon receipt of Notice as described below, Mailgun will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

DMCA Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Mailgun’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner; identification of the copyrighted work or works that you claim has been infringed; identification of the material that is claimed to be infringing and where it is located on or in the Services, or a representative list of such works if you intend to cover multiple works in a single notice; information reasonably sufficient to permit Mailgun to contact you, such as your address, telephone number, and, e-mail address; a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and a statement, made under penalty of perjury, that the information you have submitted is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: Mailgun DMCA Notice
Address: 1745 Franklin St, Ste 403,
San Francisco, CA 94109
Fax:     415-366-1227
Email:   dmca@mailgunhq.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying Mailgun that your copyrighted material has been infringed. The preceding requirements are intended to comply with Mailgun’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.