Please read these terms carefully before using our email verification services.
IMPORTANT – PLEASE READ CAREFULLY: These Terms of Service ("Agreement") constitute a legally binding contract between you ("User," "you," or "your") and Bulk Email Checker ("Company," "we," "us," or "our"). By accessing or using the Bulk Email Checker website, platform, or any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you must immediately discontinue use of the Services.
1.1. Age Requirement. You represent and warrant that you are at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is greater. The Services are not intended for individuals under this age threshold.
1.2. Account Registration. To access certain features of the Services, you must register for an account. You agree to: (a) provide accurate, current, and complete information during registration; (b) maintain and promptly update your account information; (c) maintain the confidentiality of your login credentials; and (d) accept full responsibility for all activities occurring under your account.
1.3. Account Security. You shall immediately notify Bulk Email Checker of any unauthorized use of your account or any other breach of security. Bulk Email Checker shall not be liable for any loss or damage arising from your failure to maintain the confidentiality of your account credentials.
2.1. Permitted Use. The Services are provided solely for legitimate email verification purposes. You agree to use the Services only for lawful purposes and in accordance with this Agreement.
2.2. Prohibited Conduct. You expressly agree NOT to:
2.3. Enforcement. Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account, forfeiture of any prepaid credits, and potential legal action. Bulk Email Checker reserves the right to investigate and prosecute violations to the fullest extent of the law.
3.1. User Content. "User Content" means any data, information, or materials you submit to the Services, including but not limited to email lists, verification requests, and associated metadata.
3.2. License Grant. By submitting User Content, you grant Bulk Email Checker a limited, non-exclusive, royalty-free license to access, process, and analyze such content solely for the purpose of providing the Services.
3.3. Data Protection. Bulk Email Checker implements industry-standard encryption protocols for data in transit and at rest. User Content is encrypted using two-way encryption methodologies. Company personnel do not have access to raw User Content; only aggregated verification results are accessible for quality assurance purposes.
3.4. No Sale of Data. Bulk Email Checker does not sell, rent, trade, or otherwise disclose User Content to third parties, except as expressly set forth in our Privacy Policy or as required by applicable law.
3.5. Data Deletion. Upon deletion of User Content by the User, such data shall be permanently removed from active systems. Deleted data cannot be recovered.
4.1. Retention Period. Bulk Email Checker maintains a ninety (90) day data retention policy, as follows:
4.2. No Liability for Deletion. Bulk Email Checker shall not be liable for any loss, damage, or inconvenience resulting from the automatic deletion of data pursuant to this retention policy. Users are solely responsible for downloading and maintaining copies of their data prior to deletion.
5.1. "As Is" Basis. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BULK EMAIL CHECKER DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
5.2. No Guarantee of Results. Bulk Email Checker does not warrant or guarantee that: (a) the Services will be uninterrupted, timely, secure, or error-free; (b) verification results will be completely accurate; (c) any defects will be corrected; or (d) the Services will meet your specific requirements or expectations.
5.3. Third-Party Services. Bulk Email Checker is not responsible for the availability, accuracy, or performance of third-party email servers, networks, or services upon which verification results depend.
6.1. Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BULK EMAIL CHECKER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER BULK EMAIL CHECKER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.2. Cap on Liability. BULK EMAIL CHECKER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO BULK EMAIL CHECKER DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
6.3. Essential Purpose. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND REGARDLESS OF THE LEGAL THEORY UPON WHICH DAMAGES MAY BE CLAIMED.
7.1. No Refunds. ALL PURCHASES ARE FINAL AND NON-REFUNDABLE. Bulk Email Checker does not issue refunds, credits, or exchanges for any reason, including but not limited to dissatisfaction with Services, failure to use purchased credits, or change of mind.
7.2. Subscription Cancellation. For subscription-based services, you may cancel your subscription at any time through your account dashboard. To prevent automatic renewal, cancellation must be completed no fewer than three (3) business days prior to the next billing cycle date.
7.3. Failure to Cancel. Bulk Email Checker shall not be responsible for charges incurred due to failure to timely cancel a subscription. No refunds shall be issued for partial subscription periods.
8.1. Roles and Responsibilities. For purposes of applicable data protection legislation, including the General Data Protection Regulation (EU) 2016/679 ("GDPR"), Bulk Email Checker acts as: (a) a Data Processor with respect to User Content submitted for verification; and (b) a Data Controller with respect to account registration and payment information.
8.2. Processing Obligations. Bulk Email Checker shall: (a) process personal data only in accordance with documented instructions; (b) ensure that personnel authorized to process personal data are bound by appropriate confidentiality obligations; (c) implement appropriate technical and organizational security measures; (d) maintain records of processing activities as required by Article 30 of the GDPR.
8.3. Sub-processors. User Content may be processed using Microsoft Azure cloud infrastructure. Bulk Email Checker ensures that appropriate data processing agreements and safeguards are in place with all sub-processors.
8.4. Security Incidents. In the event of a personal data breach, Bulk Email Checker shall notify affected Users without undue delay and provide such information as may be required under applicable law.
8.5. Data Subject Rights. Upon verified request, and subject to legal retention requirements, Bulk Email Checker shall assist Users in fulfilling their obligations to respond to data subject access requests.
9.1. User Indemnification. You agree to defend, indemnify, and hold harmless Bulk Email Checker, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) your use of the Services; (b) your violation of this Agreement; (c) your violation of any third-party rights, including intellectual property rights; or (d) any claim that your User Content caused damage to a third party.
9.2. Survival. This indemnification obligation shall survive the termination of this Agreement and your use of the Services.
10.1. Amendment. Bulk Email Checker reserves the right to modify, amend, or update this Agreement at any time in its sole discretion. Material changes shall be posted on Bulk Email Checker website with an updated effective date. Your continued use of the Services following the posting of any changes constitutes acceptance of such changes.
10.2. Termination by Bulk Email Checker. Bulk Email Checker may suspend or terminate your access to the Services at any time, with or without cause, with or without notice, effective immediately.
10.3. Effect of Termination. Upon termination: (a) all rights and licenses granted to you shall immediately cease; (b) you shall immediately discontinue use of the Services; (c) any provisions of this Agreement that by their nature should survive termination shall survive.
11.1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, United States of America, without regard to its conflict of law principles.
11.2. Jurisdiction. Any legal action or proceeding arising out of or relating to this Agreement shall be instituted exclusively in the state or federal courts located in Ohio, and each party irrevocably submits to the exclusive jurisdiction of such courts.
11.3. Waiver of Jury Trial. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.
12.1. Entire Agreement. This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Bulk Email Checker regarding the Services and supersedes all prior agreements, representations, and understandings.
12.2. Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall continue in full force and effect.
12.3. No Waiver. The failure of Bulk Email Checker to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
12.4. Assignment. You may not assign or transfer this Agreement or any rights hereunder without the prior written consent of Bulk Email Checker. Bulk Email Checker may assign this Agreement without restriction.
12.5. Force Majeure. Bulk Email Checker shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, or governmental action.
For questions, concerns, or notices regarding this Agreement, please contact:
Bulk Email Checker
Email: support@bulkemailchecker.com