YouMail Terms of Use Agreement
Use of the YouMail service, through both the YouMail website and through telephone access (the "Service") is governed by these Terms of Use. Use of the Service constitutes your agreement to follow these rules and to be bound by them.
The Service is provided by YouMail Inc., (the "Company") with offices at 65 Enterprise, Suite 235 in Aliso Viejo, California. This is a legal agreement ("Agreement") between you and the Company, please read the Agreement carefully before registering for the Service. By completing your registration and checking on the "I agree to the YouMail Terms of Use" on the web site, you will become a registered user of the Service (a "Registered User") and you agree to be bound by the Terms of Use of this Agreement (the "Terms") for as long as you continue to be a Registered User. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR THE SERVICE. The Terms are subject to change by the Company at any time, effective upon posting updated Terms of Use on our website; any use of the Service after such notice will constitute acceptance by you of such changes.
1. PRIVACY
Please review our Privacy Notice, which also governs your use of the YouMail Service, to understand our practices.
2. CHILDREN UNDER THE AGE OF 13
You affirm that you are over the age of 13, as the YouMail Service is not intended for children under 13. If you are under 13 years of age, please do not use the YouMail Service.
3. SUBCRIBE TO YOUMAIL (OPT-IN)
To subscribe (opt-in) to our service, you can register from our website, www.youmail.com and we will guide you through the process.
4. YOUMAIL CHARGES
YouMail does not charge for the Standard Service.
- YouMail provides a rich set of features and capabilities in the Standard Service. YouMail intends to always provide it's Standard Service at no charge.
- No credit card or future obligation to pay is required to use the Standard Service.
- The Company may offer services or features that require selection and agreement to fees prior to the use of the service or feature. For example, certain greetings recorded by artists may have an associated fee for usage. Confirmed orders of such services would be applied to your monthly phone bill.
5. POTENTIAL CELLULAR PROVIDER CHARGES
It is generally possible for you to minimize or eliminate any unexpected additional charges from your cellular provider.
- When calls are forwarded to YouMail or you call to retreive messages, normal toll and/or long distance and
plan minute usage may apply. To eliminate unexpected charges, we recommend you have a "nationwide" cell plan
that includes sufficient minutes. We also recommend retreiving messages online whenever it is convenient.
- By default, YouMail sends a "voicemail received" notification to your cell phone via text message. This may result in
additional Cellular Provider charges. You can turn off these text messages by selecting the "No Notification" option at
youmail.com. By default, you will also receive notification of received voicemail to your e-mail. If you use cell phone
notification, we recommend a text messaging plan that includes enough text messages to avoid unexpected per text
message charges.
- If you sign up for and confirm an order for a premium service or feature, the charge will be added to your monthly phone bill. You agree to make payments for confirmed orders.
6. HELP AND SUPPORT
Many common questions can be answered through the "Help" link on the web page. Problems with the Service can be submitted via the "User Feedback/Technical Request" via the "Help" link on the web page, through email to support@youmail.com, or by calling YouMail support at (800) 374-0013 Monday through Friday from 9:00 am to 5:00 pm PST. From your mobile phone, you can request our contact information at any time by texting "HELP" to 52894.
7. COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of YouMail, Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of YouMail, Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of YouMail, Inc. or its software suppliers and protected by United States and international copyright laws.
8. PROPRIETARY RIGHTS.
The Company owns and retains proprietary rights in the Service. The Service contains copyrighted material, trademarks, patented technology, and other proprietary information of the Company, its licensors and licensees.
9. COPYRIGHT INFRINGEMENT
You shall be solely responsible for your own Voice Greetings and the consequences of recording and publishing them. You affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to upload/record all content used for your Voice Greetings; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in your Voice Greetings to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Voice Greeting.
10. WARRANTIES.
a. THE COMPANY PROVIDES THE SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
b. The Company does not warrant that your use of the Service will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Service will be corrected. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.
11. LIMITATION OF LIABILITY.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE COMPANY'S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY CORRESPONDENCE OR BUSINESS DEALINGS WITH THIRD-PARTY ADVERTISERS OR RESULTING FROM THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
12. INDEMNITY BY REGISTERED USER.
You will indemnify and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Service, including any breach by you of the Terms of this Agreement.
13. NO RESALE OF SERVICES.
You will not reproduce, duplicate, copy, sell, resell, make available for gain or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
14. COMPLAINTS
To resolve a complaint regarding the Service, you should first contact the Company by clicking on the "Support" link on the YouMail web site or via email to support@youmail.com.
15. TERMINATION (OPT-OUT)
- You can stop using the service at any time. You are under no long term obligations. Instructions to go back to your carrier's voicemail can be found in the Help section at youmail.com.
- You can switch between YouMail and your carrier voicemail by changing your phone's call forwarding number at any time.
- You may opt-out of receiving text messages (SMS) by setting your Profile to "No Notification" for new voice mail.
You may also Text "STOP" to 52894 from your mobile phone and we will unsubscribe you from our SMS text
messaging service immediately.
- If you have active subscriptions to any premium services and text STOP to 52894, you will receive a clarification message to determine if you want to stop a subscription or stop both subscriptions and text messaging.
- As with most services, YouMail reserves the right to terminate your account at any time effective upon providing you
electronic notice via text message or the e-mail address on file. If YouMail terminates your account for any reason,
your right to use YouMail immediately ceases. The Company currently does not plan to terminate any accounts,
other than for non-use or for violating this agreement.