These terms and conditions govern your use of Bulk Email Checker; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

 

 

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website in any ways other than the ways have advised you to do so.

You must not offer incentives for people to signup as an affiliate in anyway.

You must not use Bulk Email Checker services for data mining or email harvesting, your lists and account will be terminated, without refund if you are found mining or harvesting emails.

 

 

Restricted access

Access to certain areas of this website is restricted. Bulk Email Checker reserves the right to restrict access to areas of this website, or indeed this entire website, at Bulk Email Checker’s discretion.

If Bulk Email Checker provides you with an account to enable you to access restricted areas of this website or other content or services, you must ensure that the information is kept confidential.

Bulk Email Checker may disable your account at Bulk Email Checker’s sole discretion without notice or explanation.

 

 

User content

In these terms and conditions, “your user content” means material (including without limitation uploaded files to be bulk verified, emails verified through the service and tracked, emails aquired from rest api integration) that you submit to this website, for whatever purpose.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Bulk Email Checker or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Bulk Email Checker reserves the right to edit or remove any material submitted to this website, stored on Bulk Email Checker’s servers, or hosted or published upon this website.

You grant Bulk Email Checker the right to systematically view your data (email addresses) for the sole purpose of validating if email addresses exist or do not exist. Bulk Email Checker staff will never actually see your data, only the results on your data such as exists or does not exist and any transient errors associated in the efforts to increase the quality of Bulk Email Checker services. Your data is encrypted using 2-way encryption methods to ensure your data stays safe at all times. Bulk Email Checker does not sell, share or use your data in anyway other than to validate email addresses. When you delete your data from Bulk Email Checker servers, it is permanently deleted and unable to be recovered.

 

 

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Bulk Email Checker makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Bulk Email Checker does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

 

 

Limitations of liability

Bulk Email Checker will not be liable in any way (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
• at no time shall Bulk Email Checker be obligated to complete repayment to the end user of any costs but the credit package purchased by said end user.

These limitations of liability apply even if Bulk Email Checker has been expressly advised of the potential loss.

 

 

List Retention

Bulk Email Checker enforces a 90 day retention policy. All lists imported to Bulk Email Checker that were not processed will be terminated 90 days after the imported date. All lists imported to Bulk Email Checker that were processed, will be terminated 90 days after the completed date.

 

 

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Bulk Email Checker’s liability in respect of any:

• fraud or fraudulent misrepresentation on the part of Bulk Email Checker; or
• matter which it would be illegal or unlawful for Bulk Email Checker to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

 

GDPR Compliance

Bulk Email Checker has conducted an extensive analysis of our operations to ensure we comply with the requirements of the GDPR. With the help of external advisors, we have reviewed our products and services, customer terms, privacy notices and arrangements with third parties for compliance with the GDPR.

• As a cloud-based self-serve platform which deploys client-side encryption, we cannot access our users’ encrypted content and we cannot use encrypted information to identify any individual. Accordingly, under the GDPR, such content is not deemed to be personal data from it's perspective.
• Customers agree that they shall comply with its obligations as a Controller under Data Protection Laws in respect of its processing of Personal Data and any processing instructions it issues to Bulk Email Checker; Customer agrees they have provided notice and obtained (or shall obtain) all consents and rights necessary under Data Protection Laws for Bulk Email Checker to process Personal Data and provide the Services pursuant to this Agreement.
• Bulk Email Checker acts as a data Controller when customers create an account to our products and/or services, and when customers complete payments for Bulk Email Checker products and/or services. Personal data, including but not limited to, name, email address, ip address, phone number, billing address, file activities and login attempts. Customers acknowledge that Bulk Email Checker shall have a right to use and disclose data relating to and/or obtained in connection with the operation, support and/or use of the Products and/or Services for its legitimate business purposes, such as billing, account management, technical support, product development and sales and marketing. To the extent any such data is considered personal data under Data Protection Laws, Bulk Email Checker is the Controller of such data and accordingly processes such data in compliance with Data Protection Laws.
• Bulk Email Checker may process data that originates from the EU in the United States via Sub-Processor Microsoft Azure cloud services. We provide a level of protection of privacy that complies with the EU rules.
• Bulk Email Checker ensures that any person who is authorized by Bulk Email Checker to process Personal Data (including its staff, agents and subcontractors) shall be under an appropriate obligation of confidentiality (whether a contractual or statutory duty).
• Upon becoming aware of a Security Incident, Bulk Email Checker shall notify Customers without undue delay and shall provide timely information relating to the Security Incident as it becomes known or as is reasonably requested.
• At customers request, all Personal Data shall be deleted, save that this requirement shall not apply to the extent Bulk Email Checker is required by applicable law to retain some or all of the Personal Data, or to Personal Data it has archived on back-up systems, which such Personal Data Bulk Email Checker shall securely isolate and protect from any further processing, except to the extent required by applicable law.
• In compliance with GDPR, Bulk Email Checker maintains a record of user activity. We provide this information to our customers as requested. User activity logs include but not limited to email address, ip address, activity engaged and credit consumed in some scenarios.

 

 

Cancellations and Refunds

Bulk Email Checker does not issue refunds in any way under any circumstance, all sales are final. If you have an active subscription, you can cancel your current subscription by clicking the Cancel Subscription button at any time on the Purchase page of the control panel to prevent rebilling. It is your responsibility to cancel your subscription using the above method prior to 3 days of your billing cycle date. If you fail to cancel at least 3 days in advance of the billing cycle, you may be charged again by our automated subscription service.

 

 

Fraud Screening

Bulk Email Checker utilizes Fraud Detection and Prevention Services by Fraudgrade. All data is screened for previous fraudulent activity, including but not limited to, Email Address Validation, Phone Number Validation, IP Address Validation and Domain Validation. In the case of a confirmed fraudulent incident, your email address, phone number, ip address, and/or domain may be reported to FraudGrade with evidence. Your use of the Bulk Email Checker website and/or services is confirmation of your acceptance that Bulk Email Checker may engage FraudGrade as a Sub-Processor to process Personal Data.

 

 

Reasonableness

By using the Bulk Email Checker website and/or services provided, you agree that the exclusions and limitations of liability set out in these Terms of Service are reasonable.

If you do not think they are reasonable, you must not use this website.

 

 

Other parties

You accept that, as a limited liability entity, Bulk Email Checker has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Bulk Email Checker’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Bulk Email Checker’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Bulk Email Checker.

 

 

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

 

Indemnity

You hereby indemnify Bulk Email Checker and undertake to keep Bulk Email Checker indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Bulk Email Checker to a third party in settlement of a claim or dispute on the advice of Bulk Email Checker’s legal advisers) incurred or suffered by Bulk Email Checker arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

 

 

Breaches of these terms and conditions

Without prejudice to Bulk Email Checker’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Bulk Email Checker may take such action as Bulk Email Checker deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

 

Variation

Bulk Email Checker may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

 

 

Assignment

Bulk Email Checker may transfer, sub-contract or otherwise deal with Bulk Email Checker’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

 

 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

 

Entire agreement

These terms and conditions constitute the entire agreement between you and Bulk Email Checker in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

 

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the United States, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Ohio.

 

 

Contacting us

If you have any questions about these Terms of Service, the practices of this site, or your dealings with this site, please contact us.

This document was last updated on March 14th, 2020