Introduction

Rolosoft Ltd. (“Rolosoft”) provides hosted application services (“Services”) to its customers. Rolosoft owns and operates Email-checker.com (Email Checker).

These Terms and Conditions of Use constitute a contractual agreement between you and Rolosoft regarding your use of the Rolosoft services and website and any activities or transactions you may conduct through the Rolosoft or Email-checker.com websites.

Rolosoft reserves the right to modify, alter, or otherwise update these Terms and Conditions at any time. Rolosoft will post changes at this site, so you are encouraged to review these Terms and Conditions from time to time.  Your continued use of the Rolosoft website and/or Services following the posting of changes to these Terms and Conditions will constitute your acceptance of any and all posted changes.

Terms and Conditions of Email Address Checker

This agreement is between you, the subscriber to the Email Address Checker service, and Rolosoft Ltd who hosts the Email Address Checker service.

Fulfilment & Delivery

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 nominated during the checkout process.

We offer online services only. There are no physical products to ship or software to download.

Seven Day Money Back Guarantee Period

The Rolosoft money back period is for 7 days. If you do not wish to continue with the service, you must cancel within the 7 day period by cancelling your subscription in your Email Address Checker account and contacting Rolosoft.com requesting a refund. Please supply your email address and (optional) reason for cancellation for our customer service records. This money back guarantee applies only to products and services as follows:

• Bulk Email Address Checker
• Email Address Checker (Web Service)
• Email Address Checker Tools

Month to Month Term

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 in your Email Address Checker account. 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 the Email Address Checker service is our highest priority. Rolosoft works hard to run a solid, hassle-free service. However, there are times when we cannot guarantee 100% reliability:

• Internet congestion
• Automatic System Updates – Rolosoft’s servers regularly update themselves with patches and bug fixes. Occasionally, these patches/fixes can affect our servers in an unexpected, detrimental way. Many of these patches/fixes are installed automatically and cannot always be tested prior to their implementation.
• Terrorist attack
• Acts of God
• Virus/Worm/Denial of Service Attack

You specifically agree that Rolosoft 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 Email Address Checker service in excess of the cost of service provided. Cumulative liability of Rolosoft to a customer shall not exceed the total monthly service fee of the immediate prior one month of service.

Accuracy of Email Address Checking

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:

Incorrect Responses From Mail Servers

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.

(Note: Read this for a detailed analysis of this issue).

Issues With Various “Free” Web Mail Providers

The following web based email providers have been known to issue incorrect responses to our email checker. Examples of these are:

• AltaVista
• Yahoo
• Hotmail / Live / MSN

You agree and understand that our Email Address Checking services cannot, therefore, be 100% accurate.

Issues with other mail providers or Internet Service Providers (ISPs)

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.

Stated Accuracy

Even with the external factors listed above, our email address checking 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 85 to 90% based on a typical list of email addresses.

In testing in December 2009, 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 Rolosoft is not responsible for any unauthorized access or modification of your data stored by or transmitted via the Email Address Checker service. You also agree that Rolosoft is not responsible or liable for any content sent using, or received from, the Email Address Checker service including that which may be illegal, obscene, defamatory, threatening or that may violate any trademark or copyright.

Size of Account

Each account has a storage capacity or limit. This is done to protect your account and others from potentially large volumes of email sent to a single address that could disable or halt the email system server. Additional capacity can be purchased by modifying your subscription level . It is the end-user’s responsibility to ensure that his/her account does not reach capacity. Email Address Checker is not responsible for data lost due to full accounts. If you do not know how to check your account size, and would like to know, you may access http://www.email-checker.com to view your account size.

Passwords

It is the end-user’s responsibility to keep his/her password confidential, and to change the password on a regular basis. Email Address Checker is not responsible for any data losses or security issues due to stolen passwords. Email Address Checker issues you with strong passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices (i.e. “12345”, “password”, etc.). Email Address Checker support does not have access to viewing existing passwords. Email Address Checker support does not support changing or resetting of passwords at this time.

Lost passwords can be retrieved by email by clicking the “lost password?” link on the login screen.

Cancelled Accounts

Upon cancellation, your Email Address Checker account and contact data located on Email Address Checker’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. Email Address Checker cannot guarantee retrieval of data once an account is cancelled.

Ownership and Restrictions

The Customer acknowledges that Rolosoft and its suppliers own all rights in the Email Address Checker service, including without limitation all Intellectual Property Rights. Except for the License granted in this Agreement, all rights in the Email Address Checker service are reserved. There are no implied Licenses granted. The Email Address Checker service and its structure, organization, source code, and Documentation contain valuable trade secrets of the Email Address Checker 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 Address Checker service or any derivative thereof to any third party, (2) modify, adapt, translate, or prepare derivative works from the Email Address Checker service, (3) decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Email Address Checker service, (4) extract portions of the Email Address Checker’s files for use in other applications, or (5) remove, obscure, or alter Email Address Checker service’s 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 Address Checker service.

Audit

Rolosoft shall have the right to audit Customer’s usage of the Email Address Checker 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 Rolosoft may have for breach, Customer shall promptly reconcile its account with Rolosoft and pay the Rolosoft invoice, if any, that results from such reconciliation.

Warranty

The software is provided “as is”, with no warranties whatsoever, Rolosoft 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. The Rolosoft software 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. Rolosoft shall have no liability of any nature if you use the software in connection with such activities.

Terms that apply to all customers

Limited Liability

In no event will Rolosoft 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 Rolosoft 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 Rolosoft or through a partner/reseller for service rendered for the immediately prior one (1) month of billing.