Terms of Use

The Terms herein are a legally binding contract between you and CloudX30 LLC (“Distributor”). Distributor is an authorized sole distributor of software and services offered on Ebailsoft.com website. If you access the EbailSoft.com and any affiliated website in the course of your duties and responsibilities, then you are also binding your employer or contractors and it’s agents directly working for your employer in executing related duties and responsibilities to these terms and conditions. This contract (“Terms”) sets out your and related parties and agents as defined above, the rights and responsibilities when you use EBailSoft.com or its Services and Software, these Terms are in addition to any other terms included during course of using any www.Ebailsoft.com Software or Service product specific agreement.

1. You must be 18 years or older to use our Services.
2. Using false information or impersonate another person or company to avail user login and subscribing to Ebailsoft.com services and software is not permissible and punishable to maximum extent as permitted under applicable laws.
3. As a User and Administrative User, you are solely responsible for any activity on your or accounts created by you.
4. The administrative (Admin User) and entity who is paying for the fees and services will be equally responsible in addition to the assigned Users by the Administrative User assigned to your account for all activity.
5. You agree to protect your password. As a User you are solely responsible and liable for any activity on your account.
6. These Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and the owner’s of the software or it’s distributors.
7. These Terms will apply when accessing both the Ebailsoft.com and all Software and Services even if, and in addition to, any other terms and agreement that may relate to a specific service purchased or accessed by you.
8. User logon gives you a limited, non-exclusive, non-transferable and revocable access to use our Services—subject to the Terms and the following restrictions in particular:
   1. As a user (paid or trial user unless specifically) you agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal and international laws that may apply to you, including don’t commit fraud, theft or any other crimes against Ebailsoft.com owners and Distributor, another software or services user or a third party.
   2. As a User you and entity who is paying the Bills are equally responsible for paying all fees that you owe to Distributor and vendors you access via Distributor’s Software and Services.
   3. As a authorized or Unauthorized User or Visitor to our website, if you “Crawl,” “scrape,” or “spider” any page of the Services, copying code, features and services, interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code is considered act of damaging to our website, software and services.
   4. Any ideas or other materials you submit to us are considered non-confidential and non-proprietary to you. You grant Distributor and their affiliates or agents a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation.
9. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important tounderstand that you don’t have a contractual or legal right to continue to use our Software and Services. Distributor reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends, whether by you or we terminating.
10. The Software and Services are provided “as-is” and no implicit or explicit warranty is provided in their use or access. You hereby release us from legal liability or recourse to the maximum permissible extent by law. If Distributor or its agents, owners or affiliates get sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Distributor (including any of our employees, owners and agents) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
11. Terms are governed by the laws of the State of Texas, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the User resides and accesses the software from.
12. You agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). A sole arbitrator in accordance with those rules will handle Our arbitration. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Distributor are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. The seat of any arbitration shall be Dallas, Texas. For any actions not subject to arbitration, you and Distributor agree to submit to the personal jurisdiction of a state court located in Dallas, Texas or the nearest District Court applicable for Dallas, Texas.
13. Distributor may update these Terms from time to time. Changes will be effective upon the posting of the changes. You are responsible for visiting these Terms pages, reviewing and becoming familiar with any changes. Your use of the website, Software and Services following the changes constitutes your acceptance of the updated Terms.
14. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
15. Failure to enforce these Terms is not a waiver of right to enforce of the Terms. The distributor may assign any of our rights and obligations under the Terms to third party for enforcement or punitive action and damages as deemed necessary.
16. The software utilized and accessed from using this website and related services including and not limited to EbailSoft and EbailSign will not be liable for damages or any losses resulting from non-availability of our software or any third party (e.g. AWS, HelloSign etc...) software platforms and applications.

Website Use Terms: Last updated 15th March 2018