— legal

Terms and Conditions

Revised: September 3, 2021

Effective: February 21, 2021, for new customers; March 1, 2021 for customers existing as of February 21, 2021.

 

1. Scope of Agreement

The Services (as defined below) that Tiny Email Corporation (“Tiny Email Corporation”) provides to you are subject to the following terms of use (“Agreement”). Tiny Email Corporation may automatically amend this Agreement at any time by (a) posting a revised Agreement on the Tiny Email Corporation Websites, and/or (b) sending information regarding the amendment to the email address you provide to Tiny Email Corporation.

THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION. YOU MAY OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION.

YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE Tiny Email Corporation WEBSITES TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE THE SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU.

Otherwise, this Agreement may not be amended except in writing signed by both you and Tiny Email Corporation.

The most current version of the Agreement can be reviewed by clicking on the “Terms and Conditions” hypertext link located at the bottom of our Web pages.

 

You may also have a signed written agreement which is expressly incorporated herein (“Written Agreement”), and which in conjunction with the Agreement and policies referred to herein, comprise the entire Agreement between Tiny Email Corporation and you. The Written Agreement may contain different or additional terms which supersede terms in this document and may refer to earlier versions of these terms.

 

2. Description of Services

Tiny Email Corporation provides you with access to email and email marketing services, and messaging services (Services). The Services, including any updates, enhancements and new features, are subject to this Agreement.

 

3. New Resale of Services

Your right to use the Services is personal to you and you agree not to resell the use of the Services.

 

4. Privacy and Protection of Personal Information

Tiny Email Corporation processes personal data in accordance with our Privacy Policy which is available here (https://www.tinyemail.com/legal/privacy/).  We may update the Privacy Policy from time to time. You are encouraged to regularly review our Privacy Policy.

 

If you are a Customer and the Services involve the processing of personal data which is subject to the General Data Protection Regulation (EU) 2016/679, the “GDPR”), Tiny Email Corporation is a processor and you are the controller in relation to such personal data (as defined in the GDPR), which is processed pursuant to this Agreement.

You retain control over the content of the information you submit through our Services, and as such the types of personal data that are subject to processing cannot be categorized by Tiny Email Corporation in these terms and conditions. It is assumed such personal data may include all categories of personal data relating to customers, or its customer’s own clients, customers, suppliers, employees, other personnel and/or other data subjects.

 

Customer may notify Tiny Email Corporation of the categories of data subjects or types of personal data to be incorporated into these terms by using the contact details set out in the privacy policy.

 

As processor, Tiny Email Corporation shall, in relation to personal data (as defined in the GDPR) provided by you or generated arising from the performance of the Services under this Agreement:

 

  1. Process such personal data in accordance with these terms and conditions and otherwise comply with your documented (including email) instructions in connection with such processing. Where such instructions are provided orally, we shall keep a record of these.
    If at any point, Tiny Email Corporation becomes unable to comply with your instructions regarding the processing of personal data (whether as a result of a change in applicable law, or a change in your instructions, or for any other reason), Tiny Email Corporation shall promptly:

    – Notify you of such inability, to the extent permitted by applicable law; and
    – Cease all processing of the affected personal data (other than merely storing and maintaining the security of the affected personal data) until such time as you issue new instructions with which Tiny Email Corporation is able to comply
  2. Ensure personal data are kept confidential;

    – Take reasonable steps to ensure the reliability and trustworthiness of Tiny Email Corporation’s personnel and any subprocessors, and
    – Take reasonable steps to ensure that all relevant Tiny Email Corporation personnel, and any relevant subprocessors, have committed themselves to ensuring the confidentiality of all personal data that they process;
  3. Ensure that, in each instance in which Tiny Email Corporation engages a subprocessor, it shall notify you and:

    – Allow you a reasonable opportunity to object to the appointment of that subprocessor (and your authorization is deemed to be granted if you do not object within thirty (30) days of being notified of the proposed subprocessor); and
    – Enter into a binding written agreement with the subprocessor that imposes on the subprocessor the same obligations that apply to Tiny Email Corporation under this Agreement with respect to the processing of personal data; subject to compliance with the foregoing, you hereby generally authorize Tiny Email Corporation to engage sub-processors in relation to the Services.
  4. At your request and sole expense, promptly provide you with all reasonable technical and organizational assistance (taking into account the nature and functionality of the Services) necessary to respond appropriately to requests from individuals to exercise their rights under the GDPR;
  5. At your request and sole expense, promptly provide you with all reasonable assistance necessary to enable you to:
    Notify relevant breaches of the GDPR to the relevant authorities and/or affected individuals;– Conduct data protection impact assessments, where required; and

    – Obtain any necessary authorizations from any relevant regulatory authorities;

  6. Delete (or, upon your request at or prior to termination, return) any personal data processed in the performance of the Services in Tiny Email Corporation’s possession within 180 days after the termination or expiry of this Agreement, other than data in relation to which Tiny Email Corporation is a controller (which will be processed in accordance with our privacy policy) and unless the applicable law of the European Union or an EU Member State requires otherwise;
  7. At your request and sole expense:
    – Promptly provide you with all information necessary to enable you to demonstrate compliance with your obligations under the GDPR, to the extent that Tiny Email Corporation is able to provide such information; and
    – Allow for and contribute to audits, including inspections, conducted by you your auditors or appointees, provided that such audit shall be during regular business hours, with reasonable advance notice to Tiny Email Corporation and subject to reasonable confidentiality procedures.Before the commencement of any such audit, the parties shall mutually agree upon the scope, timing, and duration of the audit. You may not audit Tiny Email Corporation more than once annually; and
  8. Notify you without undue delay in the event of:
    – Becoming aware of any personal data breach; or
    – Receipt of any correspondence or communication from any individual, regulatory authority or third party regarding the processing of personal data; and
  9. Apply appropriate technical and security measures to protect any such personal data against unauthorized or unlawful processing and against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to such personal data.1.


5. Storage of Messages


While your account is active, Tiny Email Corporation will store messages sent and received through your Tiny Email Corporation account, for a period of up to one year, in each case measured from the date of receipt of such message.

Contact lists are maintained while the account is in good standing. Tiny Email Corporation shall maintain reasonable administrative, technical and physical safeguards to help protect the security, confidentiality and integrity of Customer information in its possession.

Customer acknowledges that Tiny Email Corporation may change its practices and limitations concerning storage of messages, at any time and that notification of any such changes may be posted on the Tiny Email Corporation Websites. Customer further agrees that this feature is provided as a convenience to Customer only and Tiny Email Corporation and its parent(s), partner(s), subsidiary(ies), and affiliate(s) (“Affiliates”) have no responsibility or liability whatsoever for the deletion, loss, disclosure of, or failure to store, any messages and/or other communications maintained or transmitted by the Services.

 

6. Charges

You agree to pay all charges for your use of the Services according to the payment plan applicable to your Services, and in effect for your country of residence. Except as otherwise provided in your Written Agreement, Tiny Email Corporation reserves the right to change prices or institute new charges for access to or use of Tiny Email Corporation Services unless you have a signed Written Agreement with Tiny Email Corporation. All changes will be posted by Tiny Email Corporation on the Tiny Email Corporation Websites and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of the Services or non-termination of your Tiny Email Corporation account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.

 

Charges for Services may include activation, recurring subscription, and usage fees. Your activation and recurring subscription fees are payable in advance and are COMPLETELY NON-REFUNDABLE. Usage charges are charged as and when such charges are incurred or by accumulating such charges (in the sole discretion of Tiny Email Corporation) in accordance with the usage rates applicable to each of the Services you use.

Your payment plan may include a monthly allowance of free emails, or contacts. In the event that you have exceeded your rate plan’s allotted allowance you will be automatically charged usage fees for such each email or contact in excess of your monthly allowance. Unused allowances are not transferrable from month to month.

 

Payment of your Tiny Email Corporation account balance is due monthly and, unless you have a qualified business account, must be made by the credit card designated by you for Tiny Email Corporation use and transactions. If your Tiny Email Corporation account is a qualified business account and is approved by Tiny Email Corporation for corporate billing, charges will be accumulated, identified by Customer identification number and invoiced on a monthly basis.

If you subscribed for Services pursuant to a special offer granting you a free trial period, your activation fee and an initial monthly Services fee will BE PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (meaning the amounts pre-authorized will not be considered available credit or debit funds in such account) and will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such free trial period, unless you provide prior notice (in accordance with Tiny Email Corporation verification procedures, as may be established by Tiny Email Corporation from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before Tiny Email Corporation reasonably could act on your notice.

 

Charges are to be paid on a monthly basis in the currency in which billed. A failure to pay the charges is a material breach of this Agreement and grounds for termination by Tiny Email Corporation. If the payment method for your Tiny Email Corporation account is by credit card and payment is not received by Tiny Email Corporation from the card issuer or its agents, you agree to pay all amounts due upon demand by Tiny Email Corporation. Each time you use the Services, or allow or cause the Services to be used, you agree and reaffirm that Tiny Email Corporation is authorized to charge your designated card. Your card issuer’s agreement governs your use of your designated card in connection with Tiny Email Corporation, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that Tiny Email Corporation may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that Tiny Email Corporation may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.

 

You agree that Tiny Email Corporation may submit charges for your usage fees and recurring subscription fee each month or year, without further authorization from you, until you provide prior notice (in accordance with Tiny Email Corporation’s verification procedures, as may be established by Tiny Email Corporation from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before Tiny Email Corporation reasonably could act on your notice. If you have any questions regarding any charges that have been applied to your account, you must contact Tiny Email Corporation’s Customer Support within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by Tiny Email Corporation in accordance with this Agreement.

All charges will be exclusive of value added (“VAT”), sales or other taxes, except as required by law and only as applicable. Canadian residents will be charged G.S.T. and P.S.T. as applicable. If the Customer resides outside of Canada, the place of residency will be deemed not to be Canada unless Tiny Email Corporation is notified otherwise. If your residency status changes, you must notify Tiny Email Corporation and may be required to provide a mailing address and proof of residency. Non-Canadian residents will be deemed not to have registered for G.S.T unless Tiny Email Corporation is notified otherwise.

If you subscribed to a Contact Based Subscription Plan (“Contact Plan”) the subscription fees are based on the highest number of subscribers or contacts in your account at any time. While your fees may increase as your contact list grows, the fees will not be reduced as the numbers of contacts diminish unless you contact Tiny Email Corporation Customer Support. For the purposes of this Agreement, each unique email address will count as one subscriber or contact.

 

Should Tiny Email Corporation deem your cumulative account activity, including but not limited to factors such as high send volume or large contact lists, to be detrimental to Tiny Email Corporation’s ability to provide TinyEmail® services to you or to other customers, Tiny Email Corporation reserves the right in its sole discretion to move you to a Volume Subscription Plan.

Repeated uploading and removing of unique email addresses in an attempt to circumvent Tiny Email Corporation’s Fee Schedule and billing procedures is prohibited.

 

If you purchased a “Pay as you Go” plan you will be charged for emails on a per campaign basis. The price list published at www.tinyemail.com determines the charge per email in effect at the time the campaign is delivered. “Pay as you Go” plans must be used within 12 months of purchase. Any balance remaining after 12 months is NON-REFUNDABLE.

 

7. Member Account, Password, and Security

If any of the Services requires you to open an account, you must complete the sign-up process by providing us with current, complete and accurate information as prompted by the applicable registration form. You agree to notify Tiny Email Corporation promptly of any changes to this information as required to keep it current, complete and accurate. You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur by all users associated with your account.

You agree to notify Tiny Email Corporation immediately of any unauthorized use of your account or any other breach of security. Tiny Email Corporation will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Tiny Email Corporation or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

 

8. Use of Service/Customer Responsibilities

You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. If you are registering on behalf of a corporation you warrant that you have the authority to bind the corporation. You agree to be financially responsible for your use of the Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

You must:

  1. Abide by any prohibitions on use set forth in or referenced by this Agreement.
  2. Obtain and pay for all equipment and third-party services (e.g., telephone and computer equipment) required for you to access and use the Services;
  3. Maintain the security of your password, PIN number and other confidential information relating to your account and;
  4. Be responsible for all charges resulting from use of your account, including unauthorized use prior to your notifying Tiny Email Corporation of such use and taking steps to prevent its further occurrence.
  5. Abide by the terms in the “Additional Terms for SMS,” if you use the Services for SMS messaging.

Images hosted by Tiny Email Corporation on Tiny Email Corporation controlled servers may only be used in connection with the Services and for no other purpose whatsoever. To the extent you use images provided by Tiny Email Corporation, Tiny Email Corporation hereby grants to you a limited, non-exclusive, non-transferable sublicense to use the images in an unaltered state solely in connection with your use of the Services.

 

9. No Unlawful or Prohibited Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by this Agreement and any notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Tiny Email Corporation server, or the network(s) connected to any Tiny Email Corporation server, or interfere with any other party’s use and enjoyment of any Services.

You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Tiny Email Corporation server or to any of the Services, through hacking, password mining or any other means. You will not use or register the name Tiny Email Corporation or any other trade name or trademark of Tiny Email Corporation without the express, prior permission, and you will not obstruct the identification procedures used by Tiny Email Corporation in the Services.

 

You represent that you comply with applicable law relating to your activities under this Agreement, including but not limited to privacy and data protection laws and applicable rules established by the Federal Communications Commission and the Federal Trade Commission.  You represent that the information submitted for transmission via the Tiny Email Corporation network for the Services is for lawful purposes only and that the transmission of messages or files is not in violation of any federal, state or provincial laws including, but not limited to, encouraging conduct that would constitute a criminal offence, infringe third party rights, give rise to civil liability or otherwise violate any local, provincial, state, national or other law.

You may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of the copyright holder. You agree to comply with all applicable laws, regulations, or conventions including those related to Do-Not-Call provisions, email marketing, anti-spam, anti-phishing, data privacy, international communications, and export of technical or personal data.

 

You are fully responsible for the content of your transmissions through the Services and agree and acknowledge that you are the creator of all content, and that Tiny Email Corporation is not the author or publisher of any content and Tiny Email Corporation does not rent or sell lists of any kind. Tiny Email Corporation simply acts as a passive conduit for you to send and receive information of your own choosing.

You shall not use the Services to store:

 

  1. Any “protected health information” (as such term is used in the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191), or
  2. Any other type of information that imposes independent obligations upon Tiny Email Corporation.

In accordance with its Prohibited Use Policy Tiny Email Corporation prohibits the use of the Services or web sites by any person or entity that, encourages, promotes, provides, sells or offers to sell products or content relating to illegal or fraudulent activities (or services related to the same): including, but not limited to, illegal drugs; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons; material that exploits children, encourages violence, spam, obscenity/sexually explicit, and similar activities.

This is not an exhaustive list, and Tiny Email Corporation, in its sole discretion, may determine whether your use is prohibited and its determination shall be final, binding and conclusive for all purposes under this Agreement. Tiny Email Corporation will terminate your use of its Services if Tiny Email Corporation determines such prohibited content or use is in violation of this Agreement.

Any information stored on the Tiny Email Corporation servers that is deemed to be unlawful or in contravention of this Agreement or legal and regulatory requirements may be deleted at any time by Tiny Email Corporation without notice. Tiny Email Corporation reserves the right to remove any image which contravenes this Agreement without notice to you.

 

Tiny Email Corporation does not:

 

  1. Represent or endorse the accuracy or reliability or any opinion, advice or statement made through the Services.
  2. Assume liability for any harassing, offensive or obscene/sexually explicit material distributed through the Services by you or others under your account.
  3. Assume any liability for any material distributed through the Services by you or others under your account which is distributed in violation of any third party’s copyright or other intellectual property rights.
  4. Assume liability for claims concerning unsolicited fax, email or voice messages sent by you or others under your account including, as applicable, but not limited to, the Telecommunications Act, S.C. 1993, c. 38, as amended,(Telecommunications Act), the Canadian Radio-television and Telecommunications Commission Unsolicited Telecommunications Rules, as may be amended from time to time (the Unsolicited Telecommunications Rules), the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, as amended, (PIPEDA), the Telephone Consumer Protection Act of 1991, FTC regulations, and the Can-Spam Act and Canada’s anti-spam legislation (CASL).

Tiny Email Corporation reserves the right at all times to disclose any information as Tiny Email Corporation deems necessary to satisfy any applicable law, regulation, legal process or governmental request. Tiny Email Corporation reserves the right but is not obligated to review the content of any of your messages for compliance with this Agreement and other legal requirements upon receipt of a complaint.

Tiny Email Corporation further reserves the right to take any other action with respect to the Services that Tiny Email Corporation deems necessary or appropriate, in its sole discretion, if Tiny Email Corporation believes you or your information may create liability for Tiny Email Corporation or others, compromise or disrupt the Services for you or other Customers, or cause Tiny Email Corporation to lose (in whole or in part) the services of Tiny Email Corporation’s ISPs or other suppliers.

 

You agree to indemnify and hold Tiny Email Corporation (and its Affiliates and Suppliers) and its agents, business associates, resellers, licensors, and suppliers (collectively, Suppliers) harmless from any and all direct, indirect or consequential claims, losses, damages, judgments, expenses and costs (including, but not limited to, any attorney’s fees and expenses) arising out of your use of the Services, your violation of the Agreement, and the delivery of any of your messages and documents using the Services, or the infringement of any trademark or copyright by you.

 

. 10. Appropriate Content

10.1 By using TinyEmail and its services, you agree to only send content relevant to your subscribers and as requested by them, and which is in accordance with the CAN-SPAM Act. You may not send content categorized as pyramid schemes, MLM, “Get Rich Quick”, pay day loans, debt collection, gambling, sweepstakes, work from home or make money online opportunities, day trading or penny stocks, email data brokers, email list purchasing or offer illegal goods and services. You also may not send content that encourages racism, violence, social or sexual discrimination, bullying or inciting actions that could impose public or personal health risks.
You must not send content deemed as misleading about products, services, or other information such as by intentionally hiding or excluding content so as to paraphrase or provide a misguided understanding of a topic, or by presenting it in an unclear, unintelligible, or ambiguous way.

 

10.2  You may only send emails and SMS content that is created by you and have the right to use. By using TinyEmail, you warrant that you are either the sole owner of the communicated content or have permission to use all of the written content, rich media, data and information material, content, data, and information.

10.3  TinyEmail reserves the right, at its sole discretion, to decide whether the content is inappropriate and cancel your account.

 

11. Ownership

All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Services are wholly owned by Tiny Email Corporation and/or its licensors and service providers except where expressly stated otherwise.

 

12. Unsolicited Marketing

The transmission of unsolicited telemarketing phone calls, SMS or text messages, faxes and email is regulated in the United States under the Telemarketing Sales Rule, the Federal Telephone Consumer Protection Act, the Can-Spam Act, Canada’s anti-spam legislation (CASL) that protects consumers and businesses from the misuse of digital technology, including spam and other electronic threats as well as other statutes and regulations, and in Canada under the Telecommunications Act, the Unsolicited Telecommunications Rules and PIPEDA and may also be regulated under the laws of a number of other countries, states and provinces. Unsolicited marketing in violation of such laws through the Services is prohibited and a material violation of this Agreement.

As a TinyEmail® Customer, you agree to abide by the terms of the TinyEmail® Anti-Spam Policy, available at  https://www.tinyemail.com/legal/anti-spam-policy/.

 

13. Disclaimer of Warranties and Limitations of Liability

THE SERVICES ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE WITH RESPECT TO THE SERVICES OR ANY OTHER PRODUCT, DOCUMENTATION OR SERVICE PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. Tiny Email Corporation FURTHER EXPRESSLY DISCLAIMS GUARANTEE OF CONTINUED AVAILABILITY OF THE SERVICES OR ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT INCLUDING, BUT NOT LIMITED TO, MARKETING LITERATURE OR COLLATERAL OR STATEMENTS REGARDING PERFORMANCE OF THE SERVICES BY Tiny Email Corporation WHICH IS NOT CONTAINED IN THIS SECTION SHALL BE CONSIDERED TO BE A WARRANTY OR REPRESENTATION, AND SHOULD NOT BE RELIED UPON AND IS NOT BINDING UPON Tiny Email Corporation.

NONE OF Tiny Email Corporation NOR ANY OF ITS AFFILIATES OR SUPPLIERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS OR OTHER DIFFICULTIES OUTSIDE OF Tiny Email Corporation’ OR ANY SUCH AFFILIATES’ OR SUPPLIERS’ CONTROL WHICH COULD LEAD TO ANY DELAY, INTERRUPTION OR MISDIRECTION OF FAX, VOICE OR DATA DELIVERY SERVICE TO THE CUSTOMER’S EMAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY PHONE OR FAX MACHINES, DATA STORAGE AND/OR DELIVERY SERVICES.

 

THE AGGREGATE LIABILITY OF Tiny Email Corporation, ITS AFFILIATES OR SUPPLIERS, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH OR FAILURE OF AN ESSENTIAL PURPOSE), TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION OR OTHERWISE IN RESPECT OF A SINGLE OCCURRENCE OR A SERIES OF OCCURENCES SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNTS PAID BY CUSTOMER TO Tiny Email Corporation WITH RESPECT TO THE SERVICES GIVING RISE TO THE CLAIM. IN NO EVENT SHALL Tiny Email Corporation, ITS AFFILIATES OR SUPPLIERS OR AFFILIATES OF ANY OF THEM BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF BUSINESS, LOSS OF REVENUES OR PROFITS, LOSS OF DATA OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERIES, SERVICE INTERRUPTIONS, PERFORMANCE OR FAILURE OF THE INTERNET OR Tiny Email Corporation’ INTERNET SERVICE PROVIDER, OR DELETION OR FAILURE TO SAVE DELIVERIES), EVEN IF Tiny Email Corporation HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE.

IN THE EVENT APPLICABLE LAW DOES NOT PERMIT SUCH EXCLUSIONS TO BE COMPLETELY DISCLAIMED, THESE EXCLUSIONS SHALL BE INTERPRETED AS NECESSARY TO GIVE Tiny Email Corporation THE FULL BENEFIT OF ANY DISCLAIMER OR LIMITATION AS PERMITTED BY APPLICABLE LAW.

 

14. TERMINATION

If you are an Online or month-to-month Subscriber or have a “Pay as you Go” account: You may cancel the Services at any time by calling (833) 700-0087.

If you have a signed Written Agreement with Tiny Email Corporation the termination provision found in the Written Agreement applies.

Tiny Email Corporation reserves the right to suspend or terminate Services if Tiny Email Corporation, in its sole discretion, believes that the Services are used for a purpose that is unlawful or prohibited by this Agreement or any notices.

Tiny Email Corporation shall have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your account. Tiny Email Corporation shall have no obligation to maintain any messages or other content in your account or forward any unread or unsent message to you or any third party. Any termination of your account shall not relieve you from any amounts owing or any other liability accruing under this Agreement prior to the time that such termination becomes effective.

 

15. JURISDICTION AND GOVERNING LAW

You agree that this Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario (except its choice of laws rules), and you hereby consent to the jurisdiction of such province and agree that all disputes shall be tried in the city of Toronto, Ontario. You expressly waive any right, and agree not to have any dispute under the Agreement tried or otherwise determined by a jury, except where required by law.

 

16. SURVIVAL

Any exclusion or limitation of Tiny Email Corporation’s liability specified in this Agreement shall survive the expiration or termination of this Agreement for any reason.

 

17. TERMS FOR SMS MESSAGING

Use of our Services for SMS messaging is subject to the following terms, in addition to the other terms of this Agreement.

YOU ARE SOLELY RESPONSIBLE FOR ALL USE (WHETHER OR NOT AUTHORIZED) OF THE SERVICES, INCLUDING ANY SMS MESSAGING SERVICES, UNDER YOUR ACCOUNT.  YOU AGREE TO BE SOLELY RESPONSIBLE FOR ALL ACTS AND OMMISSIONS OF YOUR OWN END USERS.

YOU MAY SEND SMS MESSAGES ONLY IN COMPLIANCE WITH APPLICABLE LAW, WHICH MAY INCLUDE THE TELEPHONE CONSUMER PROTECTION ACT AND ANY AMENDMENTS TO THE ACT, AS WELL AS ANY FCC AND FTC IMPLEMENTING REGULATIONS.  IT IS SOLELY YOUR RESPONSIBILITY TO COMPLY WITH APPLICABLE LAW ON SMS MESSAGING, AND NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, YOU AGREE TO FULLY DEFEND AND INDEMNIFY Tiny Email Corporation AGAINST ANY THIRD PARTY CLAIM ARISING OUT OF, OR IN ANY WAY RELATED TO, YOUR USE OF THE SMS MESSAGING FEATURES OF OUR SERVICE. 

 

USE OF SMS MESSAGING SERVICES TO SEND MESSAGES TO RECIPIENTS WHO HAVE NOT PROVIDED EXPLICIT WRITTEN CONSENT TO RECEIVE SMS MESSAGES, OR WHO ARE ON A “DO NOT CALL” LIST, IS EXPRESSLY PROHIBITED.

Tiny Email Corporation MAY SUSPEND OR TERMINATE SMS SERVICES AT ANY TIME WITHOUT NOTICE IF Tiny Email Corporation DETERMINES IN ITS SOLE DISCRETION THAT SMS SERVICES ARE BEING USED IN VIOLATION OF THIS AGREMEENT OR ANY APPLICABLE LAW OR REGULATION.  YOU AGREE NOT TO HOLD Tiny Email Corporation RESPONSIBLE FOR ANY SUCH SUSPENSION OR TERMINATION OF SERVICES.

Use of SMS messaging is further subject to the terms set forth in Schedule 1.

 

* These links are provided as a courtesy only and are not intended and should not be construed to constitute legal advice by Tiny Email Corporation.