Terms of Service
Effective March 11, 2014
Answerbook, Inc. ("Answerbook," "we," "us," "our") provides its services (described below) to you through its website located at mailtrackerapp.com, answerbook.com (the "Site") and through the MailTracker mobile apps and related services (collectively "MailTracker", such services, including any new features and applications, and the Site), subject to the following Terms of Service (as amended from time to time, the "Terms"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will indicate at the top of this page the date these terms were last revised. Your continued use of the MailTracker after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
MailTracker is an app that helps you send tracked email from your mobile device. When you add your email account, you authorize MailTracker to securely access your account. For email providers that support it, MailTracker uses an authentication method such as OAuth, in which case your passwords will not be stored on our servers. If your email provider does not support such an authentication method, MailTracker may need to securely store your email address and password in order to provide you with the service.
Our servers securely store a subset of your message headers: this lets us provide you with features such as real-time notifications or search. Of course, you retain any ownership and intellectual property rights you have in the content in your email (see the Copyright section of these Terms for more detail).
When signing up for MailTracker, you agree to provide accurate information. You also understand that you're responsible for the activity in your MailTracker and for safeguarding any passwords that you use. You're not allowed to access another user's account without permission.
Use MailTracker and our services responsibly, which means you agree not to interfere with MailTracker or our services or try to access them using a method other than the interface and the instructions that we provide.
You agree not to:
email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Answerbook, is objectionable or which restricts or inhibits any other person from using or enjoying MailTracker, or which may expose Answerbook or its users to any harm or liability of any type; copy, distribute, or disclose any part of MailTracker in any medium, probe, scan, or test the vulnerability of any system or network; interfere with or disrupt MailTracker or servers or networks connected to MailTracker, or disobey any requirements, procedures, policies or regulations of networks connected to MailTracker; or violate any applicable local, state, national or international law, or any regulations having the force of law; impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18; harvest or collect email addresses or other contact information of other users from MailTracker by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through MailTracker.
We reserve the right to modify or discontinue, temporarily or permanently, your access to MailTracker (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of MailTracker.
MailTracker includes certain services that are available via a mobile device, including (i) the ability to upload content to MailTracker via a mobile device, (ii) the ability to browse MailTracker and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access MailTracker through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Who can use MailTracker?
You can use MailTracker only if you can form a binding contract with us, and only in compliance with these Terms and all applicable laws and regulations. If you are under 13 years of age, use of MailTracker is strictly prohibited.
Your Intellectual Property
By using MailTracker, you allow MailTracker to help manage content, information, emails, and attachments in those emails (anything you upload, submit, or transmit through MailTracker, collectively "your property"). You retain ownership of any intellectual property rights that you hold in your property. So, what belongs to you remains yours - we don't own it. These Terms do not give us any rights to your property or intellectual property except for the rights we need to provide MailTracker to you, as explained in these Terms. You are responsible and liable for anything you copy, share, upload, download, attach, send, receive, record or otherwise do while using MailTracker, and you represent that your property is actually your property or that you have all necessary rights to use your property on or through MailTracker.
MailTracker allows you to connect your email account so we can check, process and deliver email on your behalf. Our servers securely store a limited amount of email temporarily so that MailTracker can deliver messages quickly, keep track of emails you've deferred, and provide you access to the rest of the MailTracker functionality. By using MailTracker, you give Answerbook permission to do things you ask it to do with your property, for example, hosting or sharing your property as you direct it to through MailTracker. This includes sending emails and providing previews to documents and images. It also includes creating backups of your recent and deferred property to ensure it is safe and always accessible to you. By using MailTracker, you give Answerbook the permissions needed to provide its services to you through MailTracker, including extending that permission to trusted third parties that help us to run MailTracker (like Amazon AWS, which hosts our servers).
Our Intellectual Property
You acknowledge and agree that MailTracker may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Answerbook, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on MailTracker or the Service Content, in whole or in part, except that the foregoing does not apply to your property that you legally upload to MailTracker. In connection with your use of MailTracker you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Answerbook from accessing MailTracker (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of MailTracker or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying MailTracker or distributed in connection therewith are the property of Answerbook, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Answerbook. The Answerbook name and logos are trademarks and service marks of Answerbook (collectively the "Answerbook Trademarks"). Other Answerbook, product, and service names and logos used and displayed via MailTracker may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Answerbook. Nothing in this Terms of Service or MailTracker should be construed as granting, by implication, estoppel, or otherwise, any license or right to use of Answerbook Trademarks displayed on MailTracker, without our prior written permission in each instance. All goodwill generated from the use of Answerbook Trademarks will inure to our exclusive benefit.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about MailTracker ("Submissions"), provided by you to Answerbook are non-confidential and Answerbook will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible and liable for your property and what you otherwise copy, share, upload, download, attach, send, receive, record or otherwise use while using MailTracker.
We will respond to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act. Such notices should be reported as outlined in our DMCA Policy. We reserve the right to suspend your account, delete or disable content alleged to be infringing and/or terminate the account of a repeat infringer.
Privacy and Security
Software from Answerbook: Some use of MailTracker requires you to download a client software package ("the app"). To use the app you must have a device that is compatible, so we cannot guarantee that the app will work on your device. We grant you a limited, nonexclusive, nontransferable, revocable license to use the app, solely to access MailTracker. Your license to use the app is automatically revoked if you violate these Terms. You may not copy, modify, distribute, sell, or lease any part of MailTracker or included software, nor may you reverse engineer or attempt to extract the source code of that software (unless laws prohibit those restrictions or you have our written permission or delete the copyright and other proprietary rights notices on the app).
Apple-Enabled Software Applications: Answerbook offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
- Answerbook and you acknowledge that these Terms of Service are concluded between Answerbook and you only, and not with Apple, and that as between Answerbook and Apple, Answerbook, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Answerbook’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- Answerbook and you acknowledge that Answerbook, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Answerbook and Apple, Answerbook, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Answerbook.
Answerbook and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
App Updates: From time to time, we may issue upgraded versions of the app. You agree that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the app is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the app or a copy of the app, and Answerbook and our partners and suppliers retain all rights and interest in the app. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms.
Modifying and Terminating Service
We are constantly changing and improving MailTracker. We may add or remove features, and while we'll do our best to give you advance notice about any major changes, you understand that we may stop, suspend, or change MailTracker at any time without prior notice. We may also remove content from MailTracker at our discretion.
You agree that Answerbook, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of MailTracker and remove and discard any content within MailTracker, for any reason, including, without limitation, for lack of use or if Answerbook believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Answerbook may also in its sole discretion and at any time discontinue providing MailTracker, or any part thereof, with or without notice. You agree that any termination of your access to MailTracker under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Answerbook may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or MailTracker. Further, you agree that Answerbook will not be liable to you or any third party for any termination of your access to MailTracker.
Miscellaneous Legal Terms
You agree to release, indemnify and hold Answerbook and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of MailTracker, any of your property, your connection to MailTracker, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
We promise to provide you with a great service, but we can't promise everything. MailTracker is provided on an "as-is" and "as available" basis. Use of MailTracker and the software is at your own risk. To the maximum extent permitted by applicable law, MailTracker and the software is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Answerbook and its licensors, do not warrant that the content is accurate, reliable or correct; that MailTracker or the software will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that MailTracker or the software is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of MailTracker is downloaded at your own risk and you will be solely responsibly for any damage to your computer system or mobile device or loss of data that results from such download or use of the service.
Limitation of Liability
To the maximum extent permitted by law, in no event will Answerbook, its affiliates, officers, employees, agents, suppliers or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not Answerbook has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the greater of $20 or the mounts paid by you to Answerbook for the past three months of the services in question. Some states do not allow the types of limitations in this paragraph, so they may not apply to you. MailTracker is controlled and operated from facilities in the United States. Answerbook makes no representations that MailTracker is appropriate or available for use in other locations. Those who access or use MailTracker from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
Notification Procedures and Changes to these Terms
Answerbook may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Answerbook in our sole discretion. Answerbook reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in these Terms. Answerbook is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Answerbook may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the 'last modified' date at the bottom of this page. Your continued use of MailTracker after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) MailTracker.
Governing Law and Arbitration
Governing Law: These Terms and the use of MailTracker services and software will be governed by California law except for its conflicts of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
Arbitration: For any dispute with Answerbook, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that Answerbook has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Answerbook claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Santa Clara County, California, unless you and Answerbook agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party's data security, intellectual property rights, or other proprietary rights. All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. You agree that, by entering into this agreement, you and Answerbook are each waiving the right to a trial by jury or to participate in a class action.
These Terms constitute the entire and exclusive agreement between you and Answerbook with respect to MailTracker, and supersede and replace any other agreements, terms and conditions applicable to MailTracker. These Terms create no third party beneficiary rights, except as expressly set forth in the Software section of these Terms. Answerbook's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but may be assigned by Answerbook without restriction. Answerbook and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Please contact us firstname.lastname@example.org with any questions regarding these Terms.