Email YoYo, LLC., referred to as “Email YoYo” from this point forward in the text body is the provider of email validation services to its customers. Email YoYo owns and operates EmailYoYo.com as the front facing client side portal.
These Terms and Conditions of Use set forth and constitute a contractual agreement between you and Email YoYo regarding your use of our hosted services and website and any activities or transactions you may conduct through us or EmailYoYo.com.
We reserve the right to modify, change, or otherwise update these Terms and Conditions at any time. Email YoYo will post any changes at this site, so you are encouraged to review these Terms and Conditions from time to time.
Delivery and Fulfillment
Once payment has been received, we will deliver your service to you within 24 hours.
We will send your access details (i.e. logon user name and password) to the email address that you entered during the order and checkout process.
We offer online services only. There are no physical products to ship or software to download.
Five Day Money Back Guarantee Period
Email YoYo offers a 5 day money back refund for our services rendered. If you do not wish to continue with the service, you must cancel within the 5 day period by contacting Email YoYo and requesting a refund. Please supply your email address and (optional) reason for cancellation for our customer service records.
After the service setup is complete, your account will be automatically renewed on a month to month basis at the then current monthly subscription rate. There is no minimum term of service. You may cancel the service at any time by completing the cancellation process mentioned above.
Service is billed at the start of each service month (based on the day of the month you signed up for service) for the following month and we cannot give any refunds for partial month’s service.
Security and Reliability
The security and reliability of our email validation service (API and list cleaning) is our highest priority. There are times when we cannot guarantee 100% reliability. These cases are:
- Internet congestion
- Critical Security Updates
- Terrorist attack
- Acts of God
- Virus/Worm/Denial of Service Attack
You specifically agree that Email YoYo cannot be held liable for any missing data, corrupted data, incorrect transmission of data, failure to provide service, delay of service provision or anything in any way connected to the our services in excess of the cost of service provided.
Cumulative liability of Email YoYo to a customer shall not exceed the total monthly service fee of the immediate prior one month of service.
Accuracy of Email Validation
Checking of email addresses is a complex process involving our servers communicating with external mail servers. A service of this nature cannot be 100% accurate due to factors outside of our control such as:
Email server down or not contactable
No mail servers defined for a domain
Email server busy
Mail box is full / exceeds quota
Mail sever responds with incorrect data. Specifically, mail servers that are configured to always respond that an email address exists (whether, in reality, it does or not)
Other factors that can adversely affect accuracy include non-standard mail server implementations such as:
Some mail servers are configured to report “valid” email boxes regardless of whether they exist or not. These “false positive” results may indicate a mail box is valid when, in fact, it is not.
Examples of these types of mail servers include (but not limited to) some installations Microsoft Exchange Server. We do our best to identify these types of servers with a “Blocked/rejected” status but cannot guarantee that this flag is applied in 100% of cases.
In the case of these “false positive” results, the only way of establishing a mail box validity is by sending an email to the recipient and asking them to respond.
The following web based email providers have been known to issue incorrect responses to email validation services:
Hotmail / Live / MSN
You agree and understand that our Email validation service cannot, therefore, be 100% accurate.
Some email servers and/or ISPs implement extremely aggressive anti-spam policies. These policies can prevent our service from establishing the required network connection to allow email address checking. Where possible, we mark these services with a “blocked/rejected” status but cannot guarantee this in 100% of cases.
Even with the external factors listed above, our email validation services have been carefully engineered to deliver the best possible accuracy of any solution on the market. Therefore, we state our accuracy figures as between 93% to 97% based on a typical list of email addresses. (Updated 6/14)
In testing in June 2014, we were able to achieve our stated accuracy on a repeatable basis and using several different email lists in excess of 2,000 email addresses per list.
Transmission of Data
You agree that Email YoYo is not responsible for any unauthorized access or modification of your data stored by or transmitted via the Email validation service.
You also agree that Email YoYo is not responsible or liable for any content sent using, or received from, the Email validation service including that which may be illegal, obscene, defamatory, threatening or that may violate any trademark or copyright.
Acceptable Use Policy
We have adopted a philosophy that assumes the honesty and good intent of our customers, therefore our services are provided in as unrestricted a manner as possible to allow our users to have the richest experience possible.
In the event of a breach of this policy, we reserve the right to terminate your service with immediate effect, without recompense and delete any files held on our servers.
As Network Administrators, we reserve the right to monitor any or all network traffic at any time and for whatever reason at our sole discretion without notice or notification as we may deem appropriate.
Accounts are granted to you as an individual customer. You may not share your account or divulge your logon details to third parties. You are not permitted to use any of our services for malicious or intrusive purposes with a view to breaching other people’s privacy rights. Upon cancellation, your account and contact data located on Email YoYo’s servers may no longer be available. It is the end-user’s responsibility to retrieve this data prior to the request for cancellation of the service. We cannot guarantee retrieval of data once an account is cancelled.
The Customer acknowledges that Email YoYo and its suppliers own all rights in the service, including without limitation all Intellectual Property Rights. Except for the License granted in this Agreement, all rights in the Email YoYo name and service are reserved. There are no implied Licenses granted. The Email YoYo service and its structure, organization, source code, and Documentation contain valuable trade secrets of the Email YoYo service and its licensors, and accordingly Customer agrees not to (and agrees not to allow third parties to) (1) sublicense, lease, rent, loan, transfer, or distribute the Email YoYo service or any derivative thereof to any third party, (2) modify, adapt, translate, or prepare derivative works from the Email YoYo service, (3) decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Email YoYo service, (4) extract portions of Email YoYo’s files for use in other applications, or (5) remove, obscure, or alter Email YoYo’s services or any third party’s Trademarks or copyright or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Email YoYo service.
Email YoYo shall have the right to audit Customer’s usage of the service to confirm compliance with the Terms and the Agreement. Should such audit indicate usage of Software inconsistent with the Terms or the Agreement, in addition to any other rights Email YoYo may have for breach, Customer shall promptly reconcile its account with Email YoYo and pay the Email YoYo invoice, if any, that results from such reconciliation.
The software is provided “as is”, with no warranties whatsoever, Email YoYo expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties of merchantability, fitness for a particular purpose, title and non-infringement of proprietary rights and any warranties regarding the security, reliability timeliness and performance of the software. Our validation service is not intended for use in connection with any nuclear, aviation, mass transit or medical application or other inherently dangerous application that could result in death, personal injury, catastrophic damage or mass destruction. Email YoYo shall have no liability of any nature if you use the software in connection with such activities.
In no event will Email YoYo be liable for any indirect, special, incidental or consequential damages, whether in an action in contract or tort, even if advised of the possibility of such damages. The total liability of Email YoYo Ltd for any claims arising from or in connection with this agreement or service, regardless of the form of action, shall not exceed the amount of services fees paid by you either directly to Email YoYo or through a partner/reseller for service rendered for the immediately prior one (1) month of billing.