BayEmail Terms

Acceptance of the BAYEMAIL.COM Service Agreement. Virbotics, Inc., (Virbotics) agrees to provide email forwarding and related services (The Service) to you (Customer) under the term of BAYEMAIL.COM Service Agreement (The Agreement). By using the The Service you agree to be bound by all of the terms set forth herein.
Title. BAYEMAIL and the BAYEMAIL logo are service marks of Virbotics. All content found on the BAYEMAIL site is copyrighted and protected by national and international law.

Acceptable Use. Customers will not use the Service for any unethical or illegal activity, or transmit any text, data, graphics, or other material for any illegal purpose or which is related to illegal activity, or in violation of another's rights, including, but not limited to, copyrights, trade secrets, and privacy. The customer shall not transmit or receive any threatening, harassing, libelous or obscene material. The Customer shall not transmit or receive any material which is deemed illegal by any local, state, federal, or international law. The Customer shall not use the Service in conjunction with spamming, sending bulk email, or sending unsolicited email. Customers may not use their bayemail.com address in the message headers or body in any of the abovementioned emails. To do so will result in a fine of $150. Customer may not resell the Service without the written consent of Virbotics. Virbotics, at its sole discretion, may terminate Service if the Customer fails to comply with any of the terms of this Service Agreement, or for any other reason that Virbotics considers compelling.

Disclosure. Virbotics will not monitor or disclose the contents of Customer's email, except when required by or under exigent circumstances to protect the personal safety of its customers or the public, when required to do in the course of system maintenance, or when requested by the Customer

Warranty. Virbotics makes no warranties of any kind, either expressed or implied, for the Service. Virbotics disclaims any warranty of merchantability or fitness for a particular purpose. The entire risk as to the performance of, or arising out of the use of the Service is borne by the Customer. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to the Customer and the Customer may have other legal rights that vary by jurisdiction.

BAYEMAIL.COM has zero tolerance for those who use their bayemail.com address in conjunction with spamming. Customers may not use their bayemail.com address in the message headers or body of any unsolicited mail. The use of a bayemail.com address as a contact at a website advertised in unsolicited mail is also defined as a violation of our agreement, even if the address did not appear in the actual unsolicited email. Any use of a bayemail.com address in conjunction with spam will result in a fine of $150. If you fail to pay this fine we will turn it over to a collection agency.

BAYEMAIL.COM permits a certain number of outside email addresses to be forwarded into our servers. If you go over this limit or our servers get overloaded by the amount of email coming into your account, your address will automatically be shut down until the problem is resolved. This is a needed protection system to prevent other users from loosing mail and to keep our servers running smoothly.

BAYEMAIL.COM, at its sole discretion, may terminate Service if the Customer fails to comply with any of the terms of the Service Agreement, or for any other reason that BAYEMAIL.COM considers compelling.
Limitation of Liability. Under no circumstances and under no legal theory, tort, contract, or otherwise shall Virbotics be liable to Customer or any other person for any indirect, special, incidental, or consequential damages including, but not limited to, loss of data, delays, misdeliveries or service interruptions caused by Virbotics' negligence, Customer's negligence, or unforeseeable acts. In no event will Virbotics be liable for any damages in excess of what Virbotics has received from Customer for the Service. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to Customer.

Intellectual Property. Customer agrees that their BAYEMAIL.COM alias does not interfere with the intellectual property rights of any third party, and is not being used for any illegal purpose. Violation is ground for immediate Service termination.

Indemnification. Customer agrees to indemnify and hold Virbotics, its affiliates, officers, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of the Customer's use of the BAYEMAIL Service, the violation of the Agreement by the Customer, or the infringement by Customer, or other user of the Service using Customer's computer, of any intellectual property of other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any Customer communication.

Financial Loss. If Customer misuse of the Service results in financial loss to Virbotics, the Customer agrees to fully compensate Virbotics for costs and damages incurred.

Modification. Virbotics reserves the right to modify the Service or change the terms and conditions of this agreement. Virbotics shall provide notice of such changes by posting on its World Wide Web site. Customers not agreeing to the modified agreement may terminate the Service. Continued use after such material has been posted shall be deemed acceptance of the agreement by the customer.

Notice Any notice required shall be given as follows: Notice from Customer to Virbotics shall be in writing via certified mail or email. Notice from Virbotics shall be in writing and shall be made by certified mail, email, or posted on the Virbotics web site.

Termination. BAYEMAIL Service may be terminated, effective immediately, by either Virbotics or the Customer at any time upon written notice to the other party. Upon termination Customer's right to use Service immediately ceases. Virbotics shall not be liable for any third party termination of the Service.

Severability. If any provision hereof shall at any time be held to be void, invalid or unenforceable, such provision shall be construed as severable and shall not in any way affect or render void, invalid or unenforceable any other provision of this Agreement, and this Agreement shall be carried out as if such void, invalid or unenforceable provision were not part of this agreement. 

Waivers. No waiver on the part of Virbotics to exercise, and no delay in exercising, any right, power or provision hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or provision hereunder preclude the exercise of that or any other right, power, or provision.

Entire Agreement. This Agreement sets forth the provisions with respect to the subject matter herein and supersedes all prior agreements and understandings, whether oral or written, relating to the subject matter.

Action Limit. No action, regardless of form, arising out of, or in any way related to the subject matter of this agreement, may be brought more than two years after the cause of action has risen.

Governing Law. This Agreement shall be governed by the laws of the State of Florida in the United States of America. The Customer agrees that any action brought under, arising out of, or in connection with this agreement, or any alleged breach hereof, the sole forums shall be the United States Federal Court sitting in Tampa, Florida, and that any action commenced in such courts shall not be transferred or removed to any other state or federal court. The Customer agrees to personal jurisdiction and venue of such courts.