TERMS AND CONDITIONS

My Identity Email, LLC is pleased to offer "City Branded Email", custom city based email addresses for both personal and business use.

By using this service, or any other of My Identity Email, LLC products, software, services or associated web sites, you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Program Policies and Legal Notices (collectively, the "Terms"). We may update the Terms in the future, and you will be able to find the most current version of this agreement at https://email.newyork.com/terms-and-conditions.

1. USE OF SERVICES

My Identity Email, LLC., its subsidiaries and affiliated companies, offer "City Branded Email" to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of "City Branded Email". You are responsible for maintaining the confidentiality of your account password and are responsible for all activities that occur under your account. You agree to immediately notify My Identity Email, LLC of any unauthorized use of your password or account or any other breach of security. My Identity Email, LLC cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.

Furthermore, by agreeing to our Terms & Conditions, you also agree to the Terms of Service set forth by Google (our email service provider). See Google's Terms of Service which can be found at: https://policies.google.com/terms?hl=en-US.

2. EMAIL NAME REGISTRATION AND RENEWAL

You agree that My Identity Email, LLC is the sole entity with authority to sell custom branded "City Branded Email" named products. You support and agree with My Identity Email, LLC in that it has the sole right and authority to register and operate any and all future implementations on generic top level domain if and when implemented by the Internet Corporation for Assigned Names and Numbers (ICANN), and that your rights to the "City Branded Email" product will be infringed upon and cause a strong likelihood of confusion if this generic top level domain name is owned, controlled and operated by any other entity than My Identity Email, LLC.

  • Registration

    The registration and/or renewal of a email address grants you a personal license to use the name for a period equal to the registration period. Other than reserved Prime Names, we register "City Branded Email" names on a first come first serve basis. We do not guarantee the availability of any "City Branded Email" names you may wish to register or renew. My Identity Email, LLC may, in our sole discretion, refuse to process your application for the registration or renewal of a particular "City Branded Email" name.

  • Expiration and Renewal

    You are required to keep a good record of the expiration dates of all your registered "City Branded Email" names. It is your sole responsibility to ensure that all your registered "City Branded Email" names are renewed prior to their expiration dates. You agree that we are not liable for any claims of damage or loss arising from any failure to renew a "City Branded Email" name. You understand and acknowledge that the renewal of a "City Branded Email" name is subject to payment of applicable fees prior to the name expiration date and that it is your responsibility to ensure that these fees are paid. If you do not renew a "City Branded Email" name on or before its expiration date, the name will no longer forward to the previously assigned forwarding email address. The name will be held in your account at My Identity Email, LLC for ten (10) days following the expiration date (Expiration Period) and you may renew the name at any time during this period by paying the applicable subscription fees and any past-due renewal fees. Once you have paid all the applicable fees, My Identity Email, LLC will reinstate the name to resolve to the previously assigned forwarding address.

  • Transfer or Sale

    You may transfer or sell your "City Branded Email" name to a third party provided the new registrant agrees to be bound by the "City Branded Email" Terms of Service and provided your account is in good standing. The new registrant will be responsible for ensuring the name is renewed prior to the name expiration date.

  • Auto-Renewal

    To avoid the unintentional expiration and loss of your "City Branded Email" name, Automatic Billing is the default setting for all new products and services. You acknowledge, agree and authorize My Identity Email, LLC to automatically bill or charge to your credit card, or other applicable payment type, renewal fees for successive terms of equal length for any and all services you have purchased from My Identity Email, LLC unless and until termination or cancellation by either party. If you choose not to use Automatic Billing, you may request we turn this off by contacting Support@MyIdentityEmail.com. Automatic Billing will automatically renew the registration of any of your "City Branded Email" names or other services prior to the expiration date to avoid interruption in services. Notices will be sent to account contacts to advise of upcoming expiration and pending renewals. All products or services renewed by Automatic Billing will be renewed for a registration period equal to the original registration period for which it was registered. For example, if you register a "City Branded Email" name for a two (2) year period, it will renew for another two (2) year period. Automatic Billing will continue to successively renew your names as long as you do not change your account setting and your credit card on file remains valid. For Automatic Billing to work, you must have a valid and un-expired credit card on file in your account settings. It is your responsibility to ensure that your credit card number is on file, is valid, current, not expired and active, and has adequate credit to fund the renewal transaction. If payment via Automatic Billing fails due to the inability to secure payment, your domain(s), product(s) or service(s) may expire, and you may lose your rights to use the domain(s) and/or any services for which you have registered.

3. FEES AND PAYMENT

"City Branded Email" requires a payment of fees. All fees are stated in U.S. dollars. You shall pay all applicable fees, as described on the https://email.newyork.com/terms-and-conditions website in connection with the "City Branded Email" selected by you, and any related taxes or additional charges. All fees are non-refundable unless expressly stated otherwise. You represent to My Identity Email, LLC that you are the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the "City Branded Email". All fee-based "City Branded Email" virtual goods are provided AS IS with no warranties of any kind. My Identity Email, LLC may modify and/or eliminate such fee-based services at its discretion. My Identity Email, LLC may modify, change, increase or decrease its fee structure for any of "City Branded Email" named products at its sole discretion. This includes the right of My Identity Email, LLC to increase pricing based on usage, number of users or data used within any "City Branded Email" name.

4. APPROPRIATE CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. My Identity Email, LLC reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via "City Branded Email". You understand that by using "City Branded Email" you may be exposed to Content that is offensive, indecent or objectionable, and that you use "City Branded Email" at your own risk. In addition, there are commercially available services and software to limit access to material that you may find objectionable.

You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using "City Branded Email" and any consequences thereof. You agree to use "City Branded Email" only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts "City Branded Email", servers or networks connected to City Branded Email. To report any activity or Content that may violate the Terms, please email: Support@MyIdentityEmail.com.

In addition to this agreement, your use of "City Branded Email" is governed by the policies or guidelines specific to those services and which are specifically incorporated into this agreement. You agree to comply with your company's data usage and privacy policies. Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.

5. PRIVACY POLICY

By using "City Branded Email", you acknowledge and agree that My Identity Email, LLC may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of My Identity Email, LLC, its users or the public as required or permitted by law. You understand that the technical processing and transmission of "City Branded Email", including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services.

Furthermore, by using "City Branded Email", you also acknowledge and agree to the Privacy Policy set forth by Google (our email service provider). See Google's Terms of Service which can be found at: https://policies.google.com/privacy?hl=en-US.

6. PROPRIETARY RIGHTS

You acknowledge and agree that My Identity Email, LLC and any necessary software used in connection with "City Branded Email" ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through "City Branded Email" is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by My Identity Email, LLC or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, City Branded Email or Software, in whole or in part except as specifically authorized in a separate written agreement.

Subject to the Terms, My Identity Email, LLC grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by My Identity Email, LLC in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to "City Branded Email". You agree not to access "City Branded Email" by any means other than through the interface that is provided by My Identity Email, LLC for use in accessing "City Branded Email" except as specifically authorized in a separate written agreement.

Except as expressly authorized by My Identity Email, LLC you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter My Identity Email, LLC's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the "City Branded Email" or Software.

My Identity Email, LLC claims no ownership or control over any Content submitted, posted or displayed by you on or through "City Branded Email". You or a third-party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through "City Branded Email" and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through "City Branded Email" which are intended to be available to the members of the public, you grant My Identity Email, LLC a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Content on "City Branded Email" for the purpose of displaying, distributing and promoting City Branded Email. My Identity Email, LLC reserves the right to syndicate Content submitted, posted or displayed by you on or through "City Branded Email" and use that Content in connection with any service offered by My Identity Email, LLC. My Identity Email, LLC furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.

7. SOFTWARE AND AUTOMATIC UPDATES

Your use of any Software provided by My Identity Email, LLC will be governed by the Terms and any additional terms and conditions of the end user license agreement accompanying such Software. "City Branded Email" Software may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop "City Branded Email", including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.

8. POLICIES REGARDING COPYRIGHT AND TRADEMARKS

My Identity Email, LLC respects the intellectual property of others, and we ask our users to do the same. My Identity Email, LLC may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide My Identity Email, LLC the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf; City Branded Email Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By email: Support@MyIdentityEmail.com

9. GENERAL PRACTICES REGARDING USE AND STORAGE

You agree that My Identity Email, LLC has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by "City Branded Email". You acknowledge that My Identity Email, LLC may have set no fixed upper limit on the number of transmissions you may send or receive through "City Branded Email" or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.

Upon the termination of your use of "City Branded Email", including upon receipt of a certificate or other legal document confirming your death, My Identity Email, LLC will close your account and you will no longer be able to retrieve content contained in that account.

10. PERSONAL NON-COMMERCIAL USE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of "City Branded Email", use of "City Branded Email", or access to "City Branded Email" except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement.

11. MODIFICATIONS TO SERVICE

My Identity Email, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, "City Branded Email" (or any part thereof) with or without notice. You agree that My Identity Email, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of "City Branded Email".

12. TERMINATION

You may discontinue your use of "City Branded Email" at any time. You agree that My Identity Email, LLC may at any time and for any reason, including a period of account inactivity, terminate your access to "City Branded Email", terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled, and you may not be granted access to "City Branded Email", your account or any files or other content contained in your account.

13. NEWSLETTERS

My Identity Email, LLC reserves the right to send emails to you, using your "City Branded Email" address, in newsletter format that will include offers, special deals, events, updates, and additional offers from our clients.

14. LINKS

My Identity Email, LLC may provide, or third parties may provide, links to other World Wide Web sites or resources. My Identity Email, LLC may have no control over such sites and resources and you acknowledge and agree that My Identity Email, LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that My Identity Email, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

15. INDEMNITY

You agree to hold harmless and indemnify My Identity Email, LLC, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "My Identity Email, LLC and Partners") from and against any third party claim arising from or in any way related to your use of "City Branded Email", violation of the Terms or any other actions connected with use of "City Branded Email", including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, My Identity Email, LLC will provide you with written notice of such claim, suit or action.

16. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • YOUR USE OF "City Branded Email" IS AT YOUR SOLE RISK. "City Branded Email" IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, My Identity Email, LLC AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  • My Identity Email, LLC AND PARTNERS DO NOT WARRANT THAT (i) "City Branded Email" WILL MEET YOUR REQUIREMENTS, (ii) "City Branded Email" WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF "City Branded Email" WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH My Identity Email, LLC WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF "City Branded Email" IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM "City Branded Email" OR THROUGH OR FROM "City Branded Email" SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

17. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT My Identity Email, LLC AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF City Branded Email OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE City Branded Email; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM "City Branded Email"; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON "City Branded Email"; OR (v) ANY OTHER MATTER RELATING TO "City Branded Email" OR My Identity Email, LLC.

18. EXCLUSIONS AND LIMITATIONS

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

19. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in the Terms, there shall be no third-party beneficiaries to the Terms.

20. NOTICE

You agree that My Identity Email, LLC may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on "City Branded Email".

21. GENERAL INFORMATION

Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to your form time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and My Identity Email, LLC and govern your use of "City Branded Email", superseding any prior agreements between you and My Identity Email, LLC for the use of "City Branded Email". You also may be subject to additional terms and conditions that may apply when you use or purchase certain other "City Branded Email", affiliate services, third-party content or third-party software. Choice of Law and Forum. The Terms and the relationship between you and My Identity Email, LLC shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and My Identity Email, LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California.

Waiver and Severability of Terms. The failure of My Identity Email, LLC to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of "City Branded Email" or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.