@NYC TERMS OF SERVICE

@NYC - Intuitive and secure email for New Yorkers

NewYorkCity.com, Inc. ("NYC.com ") welcomes you to @NYC, our exclusive online identity service for New Yorkers. First and foremost we want you to be 100% happy and satisfied with all of the @NYC names and related products that you purchase from NYC.com. We encourage you to please contact us at help@NYC.com at anytime if you if you have any questions or concerns relating to these products. We guarantee that we will do our best to resolve your questions as quickly and thoroughly as we can. We want you as our lifelong customer.

Please note that all @NYC name purchase are backed by our two week 100% money back guarantee. If you are in anyway unsatisfied with your purchase, and you cancel within the first two weeks, we will issue you a full refund. Period.

@NYC Terms Of Service

By using this service, or any other of NYC.com's products, software, services or web sites ("NYC.com services"), 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://mail.nyc.com/terms

  1. USE OF SERVICES
    NewYorkCity.com Inc., its subsidiaries and affiliated companies, ("NYC.com") offer NYC.com services 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 NYC.com services. 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 NYC.com of any unauthorized use of your password or account or any other breach of security. NYC.com 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.
  2. @NYC EMAIL NAME AND SUBDOMAIN REGISTRATION AND RENEWAL
    NYC.com is the sole entity with authority to sell unregistered @NYC name products. @NYC name products consist of two distinct name products: nyc.com email names and nyc.com subdomains (together “@NYC.com names”). @NYC email names are names that preface the nyc.com domain in an email address and take the form of name@NYC.com. @NYC subdomain names are names that preface the nyc.com domain in domain names and take the form name.nyc.com
    1. Registration
      The registration and/or renewal of an @NYC name grants you a personal license to use the name for a period equal to the registration period.

      Other then reserved Prime Names, we register @NYC names on a first come first serve basis. We do not guarantee the availability of any @NYC name you may wish to register or renew.

      NYC.com may, in our sole discretion, refuse to process your application for the registration or renewal of a particular @NYC name. Further, you understand and acknowledge that we may also delete the registration of any @NYC name which we have registered, at any time for any reason
    2. Cancellation and Early Termination Fee
      You may terminate your @NYC™ Services for any reason and without incurring the Early Termination Fee, within fourteen (14) days of accepting our Agreement and purchasing an @NYC™ name. If you cancel within this initial fourteen (14) day period, you will be entitled to a full refund of your setup fee and first month subscription. You may have received certain benefits from us in exchange for any Service Commitment greater than one year. If we terminate your Services for nonpayment or other default before the end of your Service Commitment, or if you terminate your Services for any reason other than (a) in accordance with the cancellation policy; or (b) pursuant to a change of terms, conditions or rates as set forth below, you agree to pay us with respect to each @NYC name assigned to you, in addition to all other amounts owed, an Early Termination Fee in the amount specified below ("Early Termination Fee").

      For a Two Year Service Commitment, The Early Termination Fee will be $240 minus $10 for each full month of your Service Commitment that you complete.

      For a Three Year Service Commitment, The Early Termination Fee will be $360 minus $10 for each full month of your Service Commitment that you complete.

      The Early Termination Fee is not a penalty, but rather a charge to compensate us for your failure to satisfy the Service Commitment on which your rate plan is based.
    3. Expiration and Renewal
      Keep good record of the expiration dates of all your registered @NYC names. It is your sole responsibility to ensure that all of your registered @NYC 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 an @NYC names

      You understand and acknowledge that the renewal of an @NYC name is subject to payment of applicable fees prior to the name's expiration date and that it is your responsibility to ensure that these fees are paid.

      If you do not renew an @NYC name on or before its expiration date, the name will no longer forward to the previously assigned forwarding email address or subdomain. The name will be held in your account at NYC.com for twenty-five (25) 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, we will reinstate the name to resolve to the previously assigned forwarding address.

      You acknowledge and agree that your right and interest in an @NYC name ceases at the end of the Expiration Period. At the end of this period, we may, in our sole discretion, release the name for registration or transfer it to a third party.
    4. Transfer or Sale
      You may transfer or sell your @NYC name to a third party provided the new registrant agrees to be bound by the @NYC 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.
    5. Auto-Renewal
      To avoid the unintentional expiration and loss of your @NYC name, Automatic Billing is the default setting for all new products and services. You acknowledge, agree and authorize NYC.com 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 NYC.com unless and until termination or cancellation by either party.

      If you choose not to use ABE you may request we turn this off be contacting billing@NYC.com.

      ABE will automatically renew the registration of any of your @NYC 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 ABE will be renewed for a registration period equal to the original registration period for which it was registered. For example, if you register an @NYC name for a two year period, it will renew for another two year period. ABE 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 ABE 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 the ABE 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) or any services for which you have registered.
  3. FEES AND PAYMENT
    Some NYC.com services require payment of fees. All fees are stated in U.S. dollars. You shall pay all applicable fees, as described on the NYC.com website in connection with such NYC.com services selected by you, and any related taxes or additional charges. All fees are non-refundable unless expressly stated otherwise. You represent to NYC.com 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 NYC.com services. All fee-based NYC.com services and virtual goods are provided “AS IS” with no warranties of any kind. NYC.com may modify and/or eliminate such fee-based NYC.com services at its discretion.
  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. NYC.com reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via NYC.com services. You understand that by using NYC.com services you may be exposed to Content that is offensive, indecent or objectionable, and that you use NYC.com services 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 NYC.com services and for any consequences thereof. You agree to use NYC.com services 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 NYC.com services or servers or networks connected to NYC.com services. To report any activity or Content that may violate the Terms, please email: legal@NYC.com.

    In addition to this agreement, your use of some specific NYC.com services 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. NYC.COM PRIVACY POLICY
    For information about our data protection practices, please see our Privacy Policy at https://www.nyc.com/privacy.htm. By using NYC.com services, you acknowledge and agree that NYC.com 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 NYC.com, its users or the public as required or permitted by law.

    You understand that the technical processing and transmission of NYC.com services, 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.
  6. PROPRIETARY RIGHTS

    NYC.com's Rights
    You acknowledge and agree that NYC.com services and any necessary software used in connection with NYC.com services ("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 NYC.com services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by NYC.com or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, NYC.com services or Software, in whole or in part except as specifically authorized in a separate written agreement.

    Subject to the Terms, NYC.com 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 NYC.com in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to NYC.com services. You agree not to access NYC.com services by any means other than through the interface that is provided by NYC.com for use in accessing NYC.com services except as specifically authorized in a separate written agreement.

    Except as expressly authorized by NYC.com 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 NYC.com'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 NYC.com services or Software.

    Your Rights
    NYC.com claims no ownership or control over any Content submitted, posted or displayed by you on or through NYC.com services. 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 NYC.com services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through NYC.com services which are intended to be available to the members of the public, you grant NYC.com a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Content on NYC.com services for the purpose of displaying, distributing and promoting NYC.com services. NYC.com reserves the right to syndicate Content submitted, posted or displayed by you on or through NYC.com services and use that Content in connection with any service offered by NYC.com. NYC.com 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 NYC.com will be governed by the Terms and any additional terms and conditions of the end user license agreement accompanying such Software. NYC.com Software may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop NYC.com services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.
  8. POLICIES REGARDING COPYRIGHT AND TRADEMARKS
    NYC.com respects the intellectual property of others, and we ask our users to do the same. NYC.com 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 NYC.com's Copyright Agent the following information.
    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
    3. a description of where the material that you claim is infringing is located on the site;
    4. your address, telephone number, and email address;
    5. 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;
    6. 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;

      NYC.com Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

      By email: copyright@NYC.com

      By mail:
      Copyright Agent
      c/o NYC.com Inc.
      515 Greenwich St, Suite 502
      New York, NY 10013
  9. GENERAL PRACTICES REGARDING USE AND STORAGE
    You agree that NYC.com has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by NYC.com services. You acknowledge that NYC.com may have set no fixed upper limit on the number of transmissions you may send or receive through NYC.com services 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 NYC.com services, including upon receipt of a certificate or other legal document confirming your death, NYC.com 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 NYC.com services, use of NYC.com services, or access to NYC.com services except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement.
  11. MODIFICATIONS TO SERVICE
    NYC.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, NYC.com services (or any part thereof) with or without notice. You agree that NYC.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of NYC.com services.
  12. TERMINATION
    You may discontinue your use of NYC.com services at any time. You agree that NYC.com may at any time and for any reason, including a period of account inactivity, terminate your access to NYC.com services, 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 NYC.com services, your account or any files or other content contained in your account. Sections 12 (Termination), 13 (Indemnity), 14 (Disclaimer of Warranties), 15 (Limitations of Liability), 16 (Exclusions and Limitations) and 19 (including choice of law, severability and statute of limitations), of the Terms, shall survive expiration or termination.
  13. ADVERTISEMENTS
    Some NYC.com services are supported by advertising revenue and may display advertisements and promotions on the service. Such advertisements may be targeted to the content of information stored on the NYC.com services, queries made through NYC.com services or other information. The manner, mode and extent of advertising by NYC.com on its services are subject to change. As consideration for your use of NYC.com services, you agree that NYC.com may place such advertising and that NYC.com shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on NYC.com services or your subsequent dealings with advertisers.
  14. LINKS
    NYC.com services may provide, or third parties may provide, links to other World Wide Web sites or resources. NYC.com may have no control over such sites and resources and you acknowledge and agree that NYC.com 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 NYC.com 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 NYC.com, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "NYC.com and Partners") from and against any third party claim arising from or in any way related to your use of NYC.com services, violation of the Terms or any other actions connected with use of NYC.com services, 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, NYC.com will provide you with written notice of such claim, suit or action.
  16. DISCLAIMER OF WARRANTIES
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
    1. YOUR USE OF NYC.COM SERVICES IS AT YOUR SOLE RISK. NYC.COM SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NYC.COM 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.
    2. NYC.COM AND PARTNERS DO NOT WARRANT THAT (i) NYC.COM SERVICES WILL MEET YOUR REQUIREMENTS, (ii) NYC.COM SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF NYC.COM SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH NYC.COM SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF NYC.COM SERVICES 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
    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NYC.COM OR THROUGH OR FROM NYC.COM SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
  17. LIMITATION OF LIABILITY
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT NYC.COM 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 NYC.COM OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE NYC.COM SERVICES; (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 NYC.COM SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON NYC.COM SERVICES; OR (v) ANY OTHER MATTER RELATING TO NYC.COM SERVICES.
  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 NYC.com may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on NYC.com services.
  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 NYC.com and govern your use of NYC.com services, superceding any prior agreements between you and NYC.com for the use of NYC.com services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other NYC.com services, affiliate services, third-party content or third-party software.

    Choice of Law and Forum. The Terms and the relationship between you and NYC.com shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and NYC.com agree to submit to the personal and exclusive jurisdiction of the courts located within the state of New York.

    Waiver and Severability of Terms. The failure of NYC.com 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 NYC.com services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    The section headings in the Terms are for convenience only and have no legal or contractual effect.