MxToolBox Terms And Conditions

Updated 8/8/2013

Welcome to MxToolbox.com! MxToolbox is a multi-platform service that provides free, fast and accurate network diagnose and lookup tools and related email security services. Through our site, our users have access to:

  • MxToolbox.com Tools: Free public DNS, Email, Website and Network lookup and diagnostic tools.
  • MxWatch Monitoring: Automatic alerts when there is a problem with your server performance, availability or if your server has been blacklisted. You also have access to real-time daily, weekly, and monthly performance statistics.
  • Mailflow Monitoring: Our Mailflow Monitor sends a message through your server and back to our datacenter allowing us to build a complete picture of your mail delivery to uncover potential issues and alert you if there is a failure.
  • Various Email Hosting and Security Services: Hosted spam and virus filtering, email disaster recovery and continuity services, and hosted email services from vendors like McAfee, Google Apps, and Zimbra.
  • Google Apps: We are Google partners and offer Google Apps with the same access to our support team as our other products.

These Terms and Conditions of Service ("Terms") apply to and govern your access to and use of the services available from the domain and sub-domains of MxToolbox, Inc., a Texas corporation ("MxToolbox", "we", "us" and/or "our"), which includes mxtoolbox.com and all its other branded websites, software, platforms, applications (collectively, the "Software"), and/or services (the Software and/or services are collectively referred to herein as the "Service"). Please review these Terms carefully, including the arbitration provision, which describes how disputes will be resolved between us, and note that no class actions may be brought under these Terms .

By using the Service you agree to the following Terms with MxToolbox. These Terms constitute a legally binding agreement between you and MxToolbox. If you do not agree to be bound by these Terms and the Privacy Policy [hyperlink to Privacy Policy], which is incorporated into these Terms, you may not use the Service in any way—regardless of whether you choose to register as a member of the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms, which apply to all visitors, users and others who access or use the Service.

Your Use of the Service

By accessing or using the Service you agree to be bound by these Terms. If you are using the Service on behalf of an organization or entity ("Organization"), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, "you" and "your" refers to you and that Organization.

You may use the Service only if you can form a binding contract with MxToolbox, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Service may change from time to time as features of the Service are added, removed and/or modified, with or without notice to you. In addition, MxToolbox may temporarily or permanently stop providing the Service, or any features within the Service, to you or to users generally and may not be able to provide you and/or the Organization with prior notice, which you agree is not required.

You rely on any site content, information, or advice provided through the Service at your own risk. Please see below for more information on MxToolbox’s limitations on liability in regards to Service content.

Your Content

Some areas of the Service may allow you to post or upload information, data, text, graphics, or other material ("Content" or, when posted by you, "your Content"). You retain ownership of your Content. Please consider carefully what you choose to upload to the Service.

You agree not to upload or post any Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property (including our Software or the software of any third parties); (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that may be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise potentially civilly and/or criminally actionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is misleading, deceptive, incorrect and/or no longer current. You agree that any Content that you post or upload does not and will not violate rights of any kind, including without limitation any intellectual property rights or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any Content that we believe, in our sole discretion, violates any part or all of these provisions.

We reserve the right at all times, but are not obligated, to remove or refuse to distribute any Content on the Service including your Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of MxToolbox, its users and the public.

Your Account

You must provide us accurate information when you create your account with MxToolbox. You may not impersonate any person, company, group, event, or organization in the creation of your account or use of the Services. Your account enables access to the services and functionality that we may establish and maintain from time to time, and in our sole discretion. We may maintain different types of accounts for different types of users and/or organizations. If you connect to MxToolbox, and/or any other MxToolbox website(s), software, application(s), platform(s) and/or service(s), using a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another user’s account without permission.

In creating your user name, we retain the right to refuse to register any user name that includes the name or any other specific information that is uniquely associated with a specific farm, provider, expert, professional, restaurant or other individual or entity if the user seeking to register the name in fact is not the specific individual or entity in question. MxToolbox reserves the right to require users to re-register user names as necessary to observe the foregoing limitation.

Each MxToolbox user may have only one user account.

You may not engage in advertising to, or solicitation of, other Service users. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service, or invitations to attend parties or other social functions or networking events for commercial purposes or any other purpose that could be deemed competitive to MxToolbox Services. You may not transmit any chain letters or junk email to other Service users. Although MxToolbox cannot monitor the conduct of its Service users offline, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Service user without their prior exp licit consent. In order to protect our Service users from such advertising or solicitation, we reserve the right to restrict the number of messages which a Service user may send to other Service users in any 24-hour period to a number which we deem appropriate in our sole discretion. No user may use an account for the purpose of spamming or soliciting MxToolbox users.

You may not transfer your MxToolbox account to another user.

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to moderate exchanges between users; provided however, that MxToolbox will have no liability for your interactions with other users, or for other users’ interactions with you.

Account Security

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions taken in connection with your password, whether your password is with MxToolbox or a third-party service. We encourage you to use "strong" passwords that use a combination of upper and lower case letters, numbers and/or symbols, as permitted, with your account. You agree not to disclose your password to any third party. MxToolbox cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify MxToolbox immediately upon becoming aware of any breach of security or unauthorized use of your account.

MxToolbox’ License to You

Subject to these Terms, MxToolbox gives you a limited, personal, non-transferable, non-assignable, non-sublicensable, non-commercial, worldwide, royalty-free, non-exclusive and revocable license to use the Service. We reserve all rights not expressly granted in these Terms in the Service. We may terminate this license at any time, with or without notice, for any reason or for no reason at all. Except to the extent that such restrictions may be expressly prohibited by law, you may not: (i) modify, disassemble, decompile or reverse engineer the Software; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Software to any third party or use the Software to provide time sharing or similar services for any third party; (iii) make any copies of the Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Software, features that prevent or restrict use or copying of any content accessible through the Software, or features that enforce limitations on use of the Software; or (v) delete the copyright and other proprietary rights notices on the Software. You agree that we may from time to time issue upgraded versions of the Software, and may automatically electronically upgrade the version of the Software that you are using. You agree to the automatic upgrading, and agree that these Terms will apply to any upgrades. Any third-party code that may be incorporated in the Software is covered by the applicable open source or third-party license and/or end-user license agreement (EULA), if any, authorizing use of such code. This license is not a sale of the Software or any copy thereof, and MxToolbox or its third party partners or suppliers retain all right, title, and interest in the Software (and any copy thereof).

This license does not include any right to resell or make commercial use of mxtoolbox.com or any Content, including without limitation any collection and use of any product listings, descriptions, or prices, any derivative use of this site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of mxtoolbox.com provided that the link does not portray MxToolbox, its associates, or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MxToolbox logo or other proprietary graphic or trademark as part of the link without MxToolbox’ express written permission.

We may make available software to access the Service via a mobile device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. We do not warrant that the Mobile Software will be compatible with your mobile device. We give you a limited, personal, non-transferable, non-assignable, non-sublicensable, non-commercial, worldwide, royalty-free, non-exclusive and revocable license to use a compiled code copy of the Mobile Software for one account on one mobile device owned or leased solely by you, for your personal use. Except to the extent that such restrictions may be expressly prohibited by law, you may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You agree that we may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You agree to the automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to any upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. This license is not a sale of the Mobile Software or any copy thereof, and MxToolbox or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof).

If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in these Terms, and as provided in Defense Federal Acquisition Regulations (DFARS) 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), and/or Federal Acquisition Regulations (FAR) 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.

The Software and/or the Mobile Software originate in the United States, and is/are subject to United States export laws and regulations. The Software and/or the Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Software and/or the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Software and/or the Mobile Software and the Service.

For all purposes, we reserve all rights not expressly granted under these Terms.

Intellectual Property, Copyrights and Feedback

All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of MxToolbox and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the MxToolbox name, or any of the MxToolbox trademarks, logos, domain names, and/or other distinctive brand features.

Any feedback, comments, or suggestions you may provide regarding MxToolbox, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit, and without any obligation to you.

Use of Content

All Content in or on the Service, whether publicly posted or privately transmitted by users, is the sole responsibility of the person who originated such Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. We may or may not monitor and/or control the Content posted via the Service, as we alone determine in our sole discretion, and we do not accept and specifically disclaim any responsibility for such Content. If you use or rely on any Content or materials posted via the Service or obtained by you through the Service, it is at your own risk. Under no circumstances will MxToolbox be liable in any way for any Content, or any loss or damage of any kind incurred as a result of the use of any Content in the Service.

You agree that you are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties. You understand that if you do not have the right to submit Content to the Service, doing so may subject you to liability. MxToolbox will not be responsible or liable for any use of your Content by MxToolbox in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit including all necessary rights to upload your Content for use in accordance with these terms and conditions.

Acceptable Use of the Service

MxToolbox is trusted by its users, and we trust you to use the Service responsibly. You agree not to misuse the Service. For example, you must not, and must not attempt to do the following things:

• Use the Service for any unlawful purposes or for promotion of illegal activities;

• Use the Service or any Content for any commercial purposes (except to the extent that you utilize information gained from the service in your own commercial activities (i) at your own risk, (ii) without violating these Terms, and (iii) without utilizing the Service itself to carry out such activities);

• Post any Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation;

• Impersonate others through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;

• Publish or post other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security Numbers, without their express authorization and permission;

• Send unsolicited communications, promotions or advertisements, or spam;

• Publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy;

• Access, tamper with, or use non-public areas of the Service, MxToolbox’ computer systems, or the technical delivery systems of MxToolbox’ providers;

• Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

• Access or search the Services by any means other than our publicly supported interfaces (for example, "scraping");

• Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; and/or

• Interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.

International users agree to comply with all local laws regarding online conduct and acceptable content.

We may investigate and/or suspend your account if you violate any of the above rules. Furthermore, we reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the use of our Service.

Electronic Communications

When you visit MxToolbox or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on mxtoolbox.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Privacy

We care about the privacy of our users. You can browse our site without telling us who you are or revealing any personal information about yourself. Once you create an account, which requires that you provide us your name and email address, you are not anonymous to us. We also may collect demographic information such as your zip code, preferences and interests and other information relevant to customer surveys and/or offers. If you choose to provide us with this or any other personal information, you consent to the storage and transfer of that information on our servers, which may be located in the United States or abroad.

We collect, use and share personally identifiable information and non-personally identifiable information only as described in our Privacy Policy. By using and/or continuing to use the Service, you agree to the collection of such information, and to have your personal data collected, used, transferred to and processed in the United States, as provided in our Privacy Policy, as it may be changed from time to time, without notice.

Our Privacy Policy, which describes our policies and procedures on the collection, use and disclosure of your information and/or Content when you use the Service, does not apply to information we collect by other means (including offline), or from other sources.

Our Privacy Policy may be found here: Privacy Policy. The Privacy Policy is incorporated into and made a binding part of these Terms.

SMTP, Socket and PortScan Connection Attempts

The signature of some of our tests, such as the SMTP diagnostic test, look similar to open relay scans that a spammer might perform (in fact, that is the point of the test!). Other tests such as TCP, HTTP and Port Scans have similar markers. You agree that you will only run these tests against servers that you are responsible for and that you are authorized to run these tests against those servers.

Although we have not had any major instances of abuse, we do occasionally get comments from system administrators who find SMTP connections from mxtoolbox.com in their logs.

If you would like us to put your server in our "exclude" list, we are happy to do that. Any user attempting to run a diagnostic on your server will then be informed that the owner of the system does not wish it to be tested. We actively look for signs of abuse of our systems, so for most system admins, this is not an issue; however, if you want us to exclude you, simply email abuse@mxtoolbox.com with your contact information, organization name, and the IP address of your mail server.

DMCA Notice and Policy

We respect others’ intellectual property rights and we ask that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us through our DMCA policy, which is as follows:

We respect artist and content owner rights and we expect our users to do the same. It is our policy to respond to claims of infringement in compliance with the Digital Millenium Copyright Act of 1998. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, please complete the following DMCA Notice and deliver it to our Designated DMCA Agent at the contact information provided below.

You must provide the following information in writing in your DMCA Notice:

1. Identify the copyrighted work that you claim has been infringed;

2. Identify the material that is claimed to be infringing and where it is located on the Service;

3. Provide reasonably sufficient information to permit us to contact you, such as your address, telephone number, and, email address;

4. Provide 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;

5. Provide a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner; and

6. Provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner;

7. Deliver the DMCA Notice, with the above information completed, to our Designated DMCA Agent at legal@mxtoolbox.com. You must state in the communication that it is addressed to the "Designated DMCA Agent."

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 be aware that this procedure is only for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. § 512(c), but do not constitute legal advice.

In accordance with DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, irrespective of whether infringement is repeated.

Third Parties

From time to time, in connection with certain Services, MxToolbox references lists and databases maintained by unrelated third parties. More specifically, we provide online tools which allow you to look up information from openly available third party databases, using standard open query protocols ("Queries") including but not limited to DNS, WHOIS and Rsync, which are designed to promote the free exchange of information to support Internet technical operations (please note that we do not "screen scrape" any third party websites for information and only use open query protocols designed to allow automatic and programmatic access to the database information). For example, in order to determine if your server has been blacklisted or "blocklisted" by spam-monitoring organizations, we access such lists, and pass the results on to you. MXTOOLBOX DOES NOT MAINTAIN BLACKLISTS OR BLOCKLISTS, DOES NOT REFER NAMES OR IP ADDRESSES TO SUCH LISTS, AND HAS NO PLANS TO DO SO IN THE FUTURE. On the contrary, we provide a service that informs you if you have been included on the lists of third parties so that you may work with such third parties to remedy the situation. MXTOOLBOX IS NOT RESPONSIBLE FOR ANY ACTIONS OF THIRD PARTIES, INCLUDING ANY HARM TO YOU OR YOUR ORGANIZATION ARISING OUT OF YOUR INCLUSION ON ANY BLOCKLIST OR BLACKLIST OF ANY THIRD PARTY. If you have additional questions about how our blacklist notification service operates, please contact us at support@mxtoolbox.com.

In addition, the Service may provide links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any of these third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of those sites. You expressly and unconditionally release MxToolbox from any and all liability arising from your use of any third-party website, service, or content and agree that your dealings with any third-party website, service, or content is only between you and such third parties. You agree that we are not responsible for any loss or damage of any sort in your dealings with such advertisers.

Notwithstanding the foregoing paragraph, MxToolbox is not affiliated with websites or third parties that sell or advertise our services or provides services without a written agreement with us. MxToolbox reserves the right to void all service policies, return policies, and other policies for orders and MxToolbox products or services that were obtained through unauthorized parties. MxToolbox is not responsible for any representations by unauthorized parties.

Indemnification

You agree to defend, indemnify and hold harmless MxToolbox and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Service, including any data or Content transmitted or received by you, any other party’s access or use of the Service with your username and password, or your violation of these Terms, applicable law, rule or regulation.

Changes to Terms

We may revise these Terms from time to time, with or without prior notice. We will post the most current version of these Terms on our website. If a revision, in our sole discretion, is material we may, but need not, in our sole discretion, notify you (for example by email to the email address associated with your account). Other changes may be posted to our blog or Terms page, so please check those pages regularly. By accessing and/or using, or continuing to access and/or use, the Service or any part thereof, once revisions to the Terms have been posted and become effective, you agree to be bound by the Terms, as revised. If you do not agree to the new Terms, your only means of not being bound by them is to cease accessing and/or using the Service.

No Warranty

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MXTOOLBOX AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MXTOOLBOX, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL MXTOOLBOX BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MXTOOLBOX ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL MXTOOLBOX, ITS AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO MXTOOLBOX HEREUNDER FOR ACCESS TO AND/OR USE OF THE SERVICE OVER ANY SIX-MONTH PERIOD. The essential purpose of this provision is to limit the potential liability of MxToolbox arising out of this Agreement. The parties acknowledge that the limitations set forth in this paragraph are integral to the amount of consideration (if any) levied in connection with your use of the services rendered hereunder and that, were MxToolbox to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MXTOOLBOX ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ACTIONS OF THIRD PARTIES, INCLUDING ANY HARM TO YOU OR YOUR ORGANIZATION ARISING OUT OF YOUR INCLUSION ON ANY BLOCKLIST OR BLACKLIST OF ANY THIRD PARTY.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MXTOOLBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN ALL APPLICABLE JURISDICTION(S).

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY ONLY TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW.

The Service is controlled and operated from our facilities in the United States. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service 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. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

Miscellaneous Legal Terms

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.

In the unlikely event that MxToolbox 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 MxToolbox claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration with and according to the rules of the American Arbitration Association ("AAA") in the city of Austin, Texas under the laws of the State of Texas, and to the extent not conflicting therewith, the commercial rules then in effect for the AAA, except as provided herein. 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 the state and/or federal courts located in Travis County, Texas, and post-judgment in any court located where may be found any assets of the party against whom an award and/or judgment may result. Nothing in this Section shall be deemed as preventing MxToolbox from seeking injunctive or other equitable relief from state and/or federal courts located in Travis County, Texas, to which you agree to the exercise of personal jurisdiction and the propriety of venue for the purpose of granting equitable injunctive relief, as necessary, to protect any of MxToolbox’ proprietary interests.

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. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MXTOOLBOX IS EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

You agree that the Service is based in Texas; and these Terms are governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

These Terms, together with any amendments and any additional agreements you may enter into with MxToolbox in connection with the Service, will constitute the entire agreement between you and MxToolbox concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No waiver of any sections of these Terms shall be deemed a further or continuing waiver of such term or any other term, and MxToolbox’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

We may provide notifications, whether these are required by law of 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 us in our sole discretion. You can opt out of certain types of notifications through your settings page.

Questions:

Questions regarding these Terms, our Privacy Policy, or other policy related material may be directed to our support staff by clicking on the "Contact Us" link in the side menu, or you may email us at: legal@mxtoolbox.com.

 
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