Ownership of the System and Access License
You understand and agree that Manybrain/Mailinator owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the System and the Services, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”), as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content.
You acknowledge that the System and the Services are proprietary to Manybrain and are protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest in the System or the Services by accessing and using either. For the avoidance of doubt, “Content” does not include any Third Party Materials (as defined below) or any features, opportunities, or services made available through third party websites.
As indicated therein, all emails sent to the Public Mailinator system are explicitly within the Public Domain. There should be no expectation of privacy or confidentiality.
Use of the System and Services
Mailinator reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the System, the Services, or any portion thereof, with respect to any or all users, for any reason; (ii) modify or change the System, the Services, or any portion thereof, and any applicable policies or terms; and (iii) interrupt the operation of the System, the Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.
You represent and agree that all information that you provide to Mailinator in connection with your access to and use of the System and the Services is and shall be true, accurate, and complete, to the best of your knowledge, ability, and belief.
Any use or attempted use of the System and/or the Services (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use and enjoyment of the System or the Services; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by Mailinator to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.
Emails sent to the Public Mailinator are explicitly in the Public Domain. Users have no expectation of Privacy or Confidentiality for such emails.
Subscribers/Customers agree and acknowledge that they shall only transmit, upload, or otherwise provide testing data to the system. Under no circumstances shall the customer submit, transmit, or upload live, confidential, proprietary, or any other type of sensitive data to the system. The customer will be solely responsible for any and all liabilities, consequences, losses, damages, or penalties arising from their transmission of prohibited data to the system.
In addition, in connection with your use of the System and the Services, you agree you will not:
- Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
- Use the System or the Services for any criminal purposes;
- Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Mailinator representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload, email, or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Upload, email, files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- Use any of the System's or Services' communication features in a manner that adversely affects the availability of its resources to other users caps, or flooding continuous posting of repetitive text);
- Upload, email, or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation, commercial or otherwise; (i) Violate any applicable local, state, national or international law;
- Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
- Delete or revise any material posted by any other person or entity;
- Probe, scan, test the vulnerability of or breach the authentication measures of, the System or any related networks or systems;
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
- Harvest or otherwise collect information about others, including e-mail addresses; (o) Use any modified versions of the System or the Services, for any reason whatsoever, without the express written consent of Mailinator;
- Attempt to gain any unauthorized access to the System, the Services or any of its associated Content, including computer systems, software, or networks; or
- Use any robot, spider, scraper, or other automated or manual means to access the System or the Services, or copy any Content or information thereon.
- For Subscribers/Customers: The customer agrees and acknowledges that they shall only transmit, upload, or otherwise provide testing data to the system. Under no circumstances shall the customer submit, transmit, or upload live, confidential, proprietary, or any other type of sensitive data to the system. The customer will be solely responsible for any and all liabilities, consequences, losses, damages, or penalties arising from their transmission of prohibited data to the system.
Usage Limitations and Overages
The Mailinator Public site is subject to rate and usage limits. The specifics of these limitations are dynamic and are subject to change in real-time manually or programmatically as the system reacts to incoming email flows and user patterns.
Subscription Plans limits and overages are defined on the Mailinator Pricing Page or, if there is a signed agreement between you and Mailinator, per customized Subscriber contract.
Accounts, Passwords, and Security
In order to utilize certain Services, you may need to set up an account (including establishing a login ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. You agree to notify Mailinator immediately upon learning of any unauthorized use of your account, login ID, or password or any other unauthorized access or breach of security. However, you may be held liable for losses incurred by Mailinator or any other person or entity due to another person using your account, login ID, or password.
You may not use any other user’s account, login ID, or password at any time without the express permission and consent of the holder of that account, login ID, or password. You may not transfer or assign your account.
Mailinator cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. If you are under 18, you may use the Services only with consent and involvement of a parent or guardian.
Representations and Warranties
You acknowledge and agree that your use of the System and Services is at your own risk. The information, software, CONTENT, SERVICES, or materials available from or provided on the System or via the Services, ARE provided “AS IS” and “AS AVAILABLE”, and, to the fullest extent permitted by law, are provided without warranties or guaranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, or any warranties related to completeness, availability, security, compatibility, that the System and Services will be uninterrupted, free of viruses and other harmful components, accurate, error free, reliable and any warranties implied by a course of performance, course of dealing, or usage of trade. IF YOU USE THE FREE, PERSONAL, DISPOSABLE EMAIL INBOXES, YOU ACKNOWLEDGE AND AGREE THAT ALL EMAILS SENT TO THOSE INBOXES ARE PUBLIC AND MAY BE READ BY ANY THIRD PARTY. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO EXPECTATION OF PRIVACY OR CONFIDENTIALITY WITH RESPECT TO SUCH EMAILS. YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT YOU SHARE, AND FOR THE CONSEQUENCES OF SUBMITTING OR POSTING THE SAME. MAILINATOR DISCLAIMS ANY DUTY TO MONITOR PUBLIC FORUMS, AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON. MAILINATOR AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SYSTEM AND THE SERVICES ARE OR WILL BE PRIVATE, CONFIDENTIAL, ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, SECURE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM AND SERVICES ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. MAILINATOR PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SYSTEM AND THE SERVICES WITHOUT NOTICE. FURTHER, MAILINATOR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SYSTEM OR THE SERVICES. MAILINATOR SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SYSTEM OR THE SERVICES.
Limitations of Liability
The System and the Services could include technical inaccuracies or typographical errors. Mailinator shall have no liability in connection with any such inaccuracies or errors, nor shall Mailinator have any obligation to identify and/or correct any such inaccuracies or errors.
Links to Other Websites
For your convenience, certain hyperlinks may be provided on the System and Services that link to other websites or social media platforms which are not under the control of Mailinator (the “Linked Websites”). Mailinator does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. Mailinator disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of Linked Websites and any purchases of products or services from such Linked Websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against Mailinator arising from or based upon any such use of any Linked Websites. Hyperlinks to such Linked Websites on the System and Services do not imply that: (a) Mailinator is affiliated or associated with any Linked Website; (b) Mailinator is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Site is authorized to use any trademark, trade name, logo, or copyright symbol of Mailinator.
Links to the Site
Neither you nor any other website may link to the Site without the permission of Mailinator. In any event, without our express, prior, written permission, it is expressly prohibited to: (a) “deep link” to any page of the Site other than the home page; (b) “frame” the Site or any Content or otherwise cause the Site or any Content to appear in a window with any other material that does not constitute Content; (c) cause the hyperlink to the Site, or the Site or any Content, to be displayed in any way that is disparaging to Mailinator or any entity that is affiliated or associated with Mailinator; or (d) otherwise imply or state that any type of relationship or special arrangements exist with Mailinator and any other entity. You agree that you will promptly remove any hyperlink to the Site upon the written request of Mailinator. In no event will you use any logo or trademark of Mailinator as a hyperlink “button”, or in any other manner, without Mailinator’s express written consent.
Disclaimer of Third Party Information
To the extent that any information, material, or functionality on the System and Services is provided by third party content providers (“Third Party Materials”), Mailinator has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party. Mailinator does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party (including any Submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with Mailinator.
Governing Law / Jurisdiction / Claims Limitation
Integration, Amendment, and Severability
Manybrain, LLC 317 S. Division Street #198 Ann Arbor, MI 48104