Legal

Terms of Use

The overarching agreement you make to work with MailerCheck.

Last updated on September 04, 2023

The purpose of these Terms of Use (hereafter referred to as the “Terms”) is to introduce the basic terms and conditions of our services.

MailerCheck provides email validation services (“Service”). Please note that throughout these Terms, "we," "us," and "our" refer to MailerCheck, and "you," "your," and "yours" refer to the user. 

1. Acceptance of terms

1.1. To use our Service you must:

1.1.1. be at least eighteen years old;

1.1.2. provide accurate contact and billing information;

1.1.3. agree with these Terms and our Privacy Policy.

1.2. By signing up or by using the site, you accept these terms and conditions, warrant that you meet all the requirements listed in this document and that you will not use the Service in a way that violates any laws or regulations. If you do not agree to the terms of this document or Privacy Policy, do not use our Service.

2. General rules

2.1. Your use of our Service have to comply with these Terms, all applicable laws and regulations;

2.2. You must not use this website in any way that causes or may cause damage to MailerCheck or any other party, or in any way which is illegal, fraudulent, harmful or unlawful, or in connection with any illegal, fraudulent, harmful or unlawful purpose or activity;

2.3. You represent and warrant that you either own or have permission to use all of the material, content, data, and information, including your personal information and the personal information of others, you submit to MailerCheck in the course of using the Service.

2.4. If you violate any of these rules, we may suspend or terminate your account.

3. Communications

3.1. You acknowledge and agree that MailerCheck may occasionally send you communications regarding your account or the Service via email.

4. Accounts, passwords and security

4.1. You must be a registered user to access the Service.

4.2. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your username.

5. Payments

5.1. You can create an account for free, but to use the Service you need to buy credits. You may purchase credits using a credit card only. The rates for Service are listed at https://www.mailercheck.com/pricing. Prices are in USD only and do not include VAT or other taxes of any kind. 1 credit is equal to 1 email verification.

5.2. You may purchase credits in the following manner:

5.2.1. One-time purchase allows you to purchase just the amount of credits you need (minimum  1,000 credits);

5.2.2. Autopay allows you to turn your one-time purchase into a recurring purchase based on your usage;

5.2.3. Monthly subscription allows you to set up a recurring monthly purchase.

5.3. We may modify or change our fees and pricing at any time.

6. Limitation of liability

6.1. In no event shall MailerCheck be liable or responsible in any way in relation to the contents and use of, or differently in connection with this website, or for any indirect, special, incidental or consequential damages (including but not limited to loss of use, loss of profits, revenue, income or anticipated savings, business losses, loss of reputation or goodwill, loss of contracts or business relationships, or loss and/or corruption of information or data) whether in an action in contract, equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or the materials therein or resulting from unauthorized access to or alteration of data.

6.2. We will not be held liable for any delays or failure in performance of any part of the Service if it is prevented or delayed in performing those obligations by an event of force majeure circumstances.

7. Indemnity

7.1. You hereby indemnify MailerCheck against any losses, damages, costs, liabilities, and expenses incurred or suffered by MailerCheck arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.

8. Termination of Service

8.1. The term of Service will continue for as long as you have a MailerCheck account or until you or we terminate it.

8.2. We reserve the right to terminate your account at any time with or without cause. You also have the option of canceling your account at any time without penalty. In the event of account cancellation or termination, you will lose all data and credits related to your account.

9. Refunds

9.1. We are required to provide a refund only if we terminate our Services to you without cause before the end of the period for which you have paid. There is no other circumstance in which you will be entitled to a refund from us. We do not provide refunds if your account is suspended because of a violation of our Terms.

9.2. We may, at our sole discretion, offer refunds in other situations subject to any user seeking such refund applying for the refund in accordance with the requirements we post on the website, which may be changed from time to time.

9.3. We do not refund any unused or partially used plans (monthly or yearly) when you did not use or partially used the Services, and/or forgot to cancel your plan, and/or if you cancel immediately after your credit card was charged for the new billing period. A refund will not be applied if you purchased a wrong monthly/yearly plan (even by mistake), and/or decided to cancel your subscription after the purchase because of functionality. 

9.4. We do not refund any unused or partially used credits when you did not use or partially used the Services. A refund will not be applied if you purchased the wrong amount of credits (even by mistake), and/or decided to retract your purchase after the purchase because of functionality.

10. Account Disputes

10.1. In the event of internal disputes involving MailerCheck accounts, you shall resolve the matter directly with the other party. You shall not request access to or information about an account that you do not have access to.

10.2. MailerCheck reserves the right to suspend any account associated with the dispute to protect the security and privacy of the data held within the account until the dispute is properly resolved. Please note that we will request a copy of the court decision or other legitimate document in order to suspend the account.

11. Conditions

11.1. We may modify or terminate our services at any time, for any reason, and without notice. We reserve the right to modify these Terms at any time without notice. Please review these Terms on occasion as they may change in the future. We may, but have no obligation to, remove accounts and content containing what we determine as unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material.

12. Intellectual property

12.1. MailerCheck is owned by MailerCheck, Inc. 2035 Sunset Lake Road, Suite B-2, Newark, Delaware 19702, United States, and its structure, organization, and code are the exclusive intellectual property and valuable trade secrets of MailerCheck, Inc. You acknowledge that MailerCheck, Inc. owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, copyright, trade secret, patent, trademark, and other proprietary or industrial property rights are the sole and exclusive property of MailerCheck, Inc. and such rights are protected by international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.

12.2. MailerCheck, Inc. claims no intellectual property rights over the material you provide to the Service.

13. Privacy

13.1. At MailerCheck, protecting your privacy is very important. Please read our Privacy Policy and Security Statement to know more about how we process and protect personal data in accordance with good industry practice.

14. Law and jurisdiction

14.1. These Terms are governed by and construed in accordance with the United States of America. All claims arising out of or relating to these terms and conditions will be exclusively in the courts of Delaware, United States of America.

15. Changes

15.1. MailerCheck reserves the right to change these Terms at any time. If we decide to change this document, we will post changes on this page. All changes are effective immediately upon posting and we suggest that you check these Terms periodically.

16. Miscellaneous provision

16.1. These Terms will begin upon when you become our client and will continue unless terminated hereunder.

17. Contact us

17.1. If you have any questions about these Terms, please contact us via email: [email protected].

MailerCheck, Inc. 
228 Park Ave S
PMB 54955
New York, NY 10003-1502
United States