Data & Privacy Policy

TERMS OF SERVICE

This document (the DOCUMENT, as referred to hereinafter) contains the terms and conditions that govern your use of the SERVICE (as defined below) and imposes material limitations to your rights.

The Cloud113 Email Validator offers full end-to-end email verification for email marketing purposes.  Cloud113 formats and forwards the data provided by you to third-party provider Byteplant.  Cloud113 does not evaluate or substantively modify any data provided by you.

This DOCUMENT is a Legally Binding Agreement between You as a customer and Cloud113.  If you are acting as an agent of a company or another legal entity, such as an officer or other employee acting for your employer, then “you” and “your” mean your principal, the entity for whom you are acting.  However, importantly, even if you are acting as an agent for another entity, you may still be personally liable for violation of federal and State laws, such as copyright infringement.

By clicking the “agree” button or downloading/installing/using the application, you (a) acknowledge that you have read and understand this agreement; (b) represent that you are 18 years of age or older/of legal age to enter into a binding agreement; and (c) accept this agreement and agree that you are legally bound by its terms.  if you do not agree to these terms, do not download/ install/use the application.

By signifying your acceptance of the terms of this DOCUMENT, you intend to be, and hereby are, legally bound to this DOCUMENT to the same extent as if Cloud113 and you physically signed this DOCUMENT.  By using the SERVICE, you agree to be bound by all the terms and conditions of this DOCUMENT.  If you do not agree to all of such terms and conditions, you may not use the SERVICE.

The rights granted under this DOCUMENT are only effective upon payment of usage fees: the SERVICE is licensed, not sold.

PART I – THIS DOCUMENT

Service Covered by this DOCUMENT.  This DOCUMENT governs your use of the email address validation service (individually and collectively, the “SERVICE”). The term “SERVICE” includes:

• The cloud113.com, byteplant.com and email-validator.net websites
• any revisions, updates and/or upgrades thereto
• any data, databases, computer software, or similar items used or provided by the aforementioned websites
• anything in any form whatsoever intended to be used with or in conjunction with the service
• any associated media, documentation (including physical, electronic and online) and printed materials.

General Terms

The SERVICE is for your individual use.  You may not resell the SERVICE or any component thereof or offer derivative versions of the SERVICE either directly or through a third party without the prior written consent from Cloud113.

Transferring rights and duties to a third-party requires the written consent of Cloud113.

As a condition of your permitted use of the SERVICE, you will not use the SERVICE for any purpose that is unlawful or prohibited by this agreement (e.g. namespace mining).  You may not use the SERVICE in any manner that could damage, disable, overburden, or impair the SERVICE or interfere with any other party’s use of the SERVICE.  You may not attempt to gain unauthorized access to the SERVICE, other accounts, computer systems or networks connected to the SERVICE, through hacking, password mining or any other means.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the SERVICE.

You shall not:

(a) copy the Application, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(d) remove, delete, alter, or obscure any trademarks, copyrights,  patents, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third-party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or
(g) use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.

The information, content and services included in or available through the SERVICE may include inaccuracies or typographical errors. Changes are periodically made to the SERVICE and to the information therein.  Cloud113 and/or its respective suppliers may make improvements and/or changes in the SERVICE at any time, without notice.

The user assumes all risk of use.  the application is provided to end user “as is” and with all faults and defects without warranty of any kind. to the maximum extent permitted under applicable law, cloud113, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the application, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.  without limitation to the foregoing, cloud113 provides no warranty or undertaking, and makes no representation of any kind that the application will meet your requirements, achieve any intended results, be compatible, or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability.

You specifically agree that Cloud113 shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or not received, or any transactions entered into through the SERVICE.  You specifically agree that Cloud113 is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights.  You specifically agree that Cloud113 is not responsible for any content sent using and/or included in the SERVICE by any third-party.

In no event will Cloud113 and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the SERVICE, with the delay or inability to use related services, the provision of or failure to provide services, or for any information, content, services and related graphics obtained through the SERVICE, or otherwise arising out of the use of the SERVICE, whether based on contract, tort, negligence, strict liability or otherwise, even if Cloud113 or any of its suppliers has been advised of the possibility of damages.

You may not use Cloud113’s name, logo, or trademarks to market your own service or product without the express written consent of Cloud113.

Payment and Offset

The prices for the SERVICE are based upon the current price lists of Cloud113, the order confirmation, or the purchase order form.  In each case the applicable VAT must be paid in addition to all specified prices.

All fees shall be due and payable on the date that customer places its order and on the first day of each renewal term.

Default, Withholding of Products and Services

In the event of default by customer, Cloud113 may demand interest on arrears in the amount of eight percentage points above the applicable base interest rate, as well as compensation for any additional extensive damages.

Cloud113 shall have the right to withhold products and services if customer is in default with payment and fails to pay the amount in arrears despite being advised of withholding of performance.  This shall apply mutatis mutandis if and insofar as customer acts in gross contravention of the agreement.  Customer’s obligation to pay the contractually stipulated prices shall remain unaffected thereby.

PART II – INTELLECTUAL PROPERTY

Copyright

You agree that all right, title, and interest in and to the SERVICE (including, but not limited to, any images, photographs, animations, video, audio, music, text, and “scripts” incorporated into the SERVICE infrastructure) and any copyrights and other intellectual properties therein or related thereto are owned exclusively by Cloud113.  The SERVICE is protected by copyright laws and international treaty provisions.  The SERVICE is licensed to you, not sold.  Cloud113 reserves all rights not otherwise expressly and specifically granted to you in this DOCUMENT.

PART III – MISCELLANEOUS

THIS IS THE ENTIRE AGREEMENT

This DOCUMENT (including all Salesforce Agreements, Privacy Policies, and Terms of Service which may be found here https://www.salesforce.com/company/legal/agreements/ and the Terms of Service for Byteplant which may be found here https://www.email-validator.net/terms.html, all of which are incorporated herein by reference) constitutes the complete and exclusive statement of the entire agreement between you and Cloud113 relating to the SERVICE.  This DOCUMENT supersedes any prior and contemporaneous proposals, purchase orders, advertisements, and all other communications in relation to the subject matter of this DOCUMENT, whether oral or written.  No terms or conditions, other than those contained herein, and no other understanding or agreement which in any way modifies these terms and conditions, shall be binding upon the parties unless entered into in writing executed between the parties, or by other non-oral manner of agreement whereby the parties objectively and definitively act in a manner to be bound (such as by continuing with the purchase of the SERVICE, etc.).  These conditions may be updated by Cloud113 or Byteplant without notice to you.

INDEMNIFICATION

You agree to indemnify, hold harmless, and defend Cloud113 and its suppliers and resellers from and against any and all claims or lawsuits, including, but not limited to, attorney’s fees, which arise out of or result from your distribution of your service or product or from your breach of any of the terms and conditions of this DOCUMENT.

INTERPRETATION OF THIS DOCUMENT

If for any reason a court of competent jurisdiction finds any provision of this DOCUMENT, or any portion thereof, to be unenforceable, that provision of this DOCUMENT will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this DOCUMENT will continue in full force and effect.  Formatives of defined terms shall have the same meaning of the defined term.  Failure by either party to enforce any provision of this DOCUMENT will not be deemed a waiver of future enforcement of that or any other provision.  Except as otherwise required or superseded by law, this DOCUMENT is governed by the laws of the State of New Jersey, without regard to its conflict of laws principles.  In respect of any dispute which may arise concerning this DOCUMENT, the case will fall within the jurisdiction of the courts of the State of New Jersey.