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Terms & Conditions
1. Copyright
Copyright © 2002-2007 ContacterMail, Inc. All rights reserved.
This web site, and the information which it contains, is the property of
ContacterMail and its affiliates and licensors, and is protected from
unauthorized copying and dissemination by United States copyright law, trademark
law, international conventions and other intellectual property laws. By way of
example only, and not as a limitation, "ContacterMail" and the ContacterMail
logo are registered trademarks of ContacterMail, Inc., under the applicable laws
of the United States and/or other countries. Other ContacterMail product or
service names or logos appearing in this Site are either trademarks or
registered trademarks of ContacterMail, Inc. and/or its affiliates. The absence
of a product or service name or logo from this list does not constitute a waiver
of ContacterMail’s trademark or other intellectual property rights concerning
that name or logo.
2. License
ContacterMail grants you a limited revocable license to access and use the Site
and the ContacterMail service for its intended purposes, subject to your
compliance with this Agreement. This license does not include the right to
collect or use information contained on the Site for purposes prohibited by
ContacterMail, to compete with ContacterMail, create derivative works based on
the content of the Site, or download or copy the Site (other than page caching).
In addition, you may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, transfer any content, information, documents,
graphics, software, products and/or services found on the Site. If you use the
Site or ContacterMail service in a manner that exceeds the scope of this license
or breaches this Agreement, ContacterMail may revoke the license granted to you.
3. Products and Support
The Products are provided subject to this Agreement, as it may be amended by
ContacterMail, and any guidelines, rules or operating policies that
ContacterMail may establish and post from time to time (this "Agreement"),
including without limitation ContacterMail's customer Privacy Policy, as linked
from all email generated from ContacterMail or otherwise furnished to you (the
"Policy") (unless otherwise stated, all references to the Agreement shall
include the Policy). By posting updated versions of the Agreement on the
Contactermail.com website, or otherwise providing notice to you, ContacterMail
may modify the terms of the Agreement and may discontinue or revise any or all
other aspects of the Products in its sole discretion. All such changes shall
become effective upon posting of the revised Agreement on the Product or at
ContacterMail's website. The Products are available only to persons who can form
legally binding contracts under applicable law. Without limiting the foregoing,
the Products are not available to individuals under the age of 18. If you do not
qualify, you are not permitted to use the Products. If you are using the
Products in your capacity as an employee, you must have the ability to bind your
employer by your use of the Product. You must complete the registration form on
the ContacterMail sign up web page in order to use the Products. You will need
to register separately for the Email Marketing Product and the Survey Product.
You shall provide true, accurate, current, and complete information about
yourself as requested in that registration form. You may from time to time
provide ContacterMail’s service personnel with remote access to your computers
and other systems for the purpose of troubleshooting issues that arise in your
use of the Products. You hereby waive any claim for damages from any problems
that may arise from such access, including without limitation any disruption or
damage caused by ContacterMail or its personnel.
4. Use of Site.
By accessing and utilizing the Site, you agree that all text, graphics, codes,
interactive features and/or other information and technology located on the Site
will be used solely for informational and educational purposes only. Commercial
or unauthorized use of any text, graphic, code, interactive feature and/or all
other information and technology located on the Site is strictly prohibited. Any
act or engagement of conduct prohibited by law or any action that violated
federal, state and/or local laws is strictly prohibited, nor may any text,
graphics, codes, interactive features and/or other information and technology
located on the Site be used to perform any action that will injure or harm
others, promote any unlawful activities or violate Internet standards. You
hereby agree: a) to obey all applicable local, state, national and international
laws and regulations in your use of the Site; b) to be solely responsible for
the contents of your transmissions through the Site; c) to abide by all
requirements, procedures, policies and regulations posted on the Site by
ContacterMail; d) not to broadcast through the Site any unlawful, harassing,
defamatory, libelous, bigoted, hateful, racially offensive, privacy invading,
abusive, threatening, harmful, vulgar or otherwise objectionable material of any
kind; and e) not to mine the Site’s data for any purpose whatsoever. Actual or
attempted unauthorized use of the Site may result in criminal and/or civil
prosecution. ContacterMail will also comply with all court orders involving
requests to release user information in any event of actual or attempted
unauthorized use.
5. Email, Permission Practices, Image Hosting & Prohibited Content
5.1 Subscriber Opt Out. Every email message sent in connection with the Products
must contain an "unsubscribe" link that allows subscribers to remove themselves
from your mailing list and a link to the then current Privacy Policy. Each such
link must remain operational for a period of thirty (30) days after the date on
which you send the message, and must be in form and substance satisfactory to
ContacterMail. You acknowledge and agree that you will not remove, disable or
attempt to remove or disable either link. You shall monitor and process
unsubscribe requests received by you directly within 10 days of submission, and
update the email addresses to which messages are sent through your ContacterMail
account.
5.2 Permission Practices. You agree to import, access or otherwise use only
Permission Based Lists in connection with your use of the Products. You hereby
covenant that you shall not use any other lists in connection with your use of
the Products. If you have used the ContacterMail feature that allows you to
request a recipient to confirm that you have his or her permission to send
emails to him or her, and such recipient has not responded or does not respond
affirmatively to such request for confirmation, you agree that you shall not
send emails to that recipient. Without limiting the foregoing, you agree that
you shall not utilize the Product to send any commercial electronic mail message
(as that term is defined in the CAN-SPAM Act of 2003) to any person who has
opted out or otherwise objected to receiving such messages from you or another
sender on whose behalf you may be acting. You cannot mail to distribution lists,
newsgroups, or spam or unsolicited email addresses. You cannot copy a
ContacterMail template or any other features or functionality from the Products
and use them for any purpose other than sending email messages from the
Products. Emails that you send through the Product may generate spam complaints
from recipients. As a matter of privacy, ContacterMail cannot share with you the
email addresses of those who complain about your email campaign. You are
responsible for ensuring that your email campaigns do not generate a number of
spam complaints in excess of industry norms. ContacterMail, in its sole
discretion, shall determine whether your level of spam complaints is within
industry norms, and its determination shall be final, binding and conclusive for
all purposes under this Agreement. ContacterMail will terminate your use of its
Products if ContacterMail determines that your level of spam complaints is
higher than industry norms.
5.3 Footers. For every email message sent in connection with the Products, you
acknowledge and agree that ContacterMail may add an identifying footer stating
"Powered by ContacterMail" or a similar message.
5.4 Use of Images Hosted by ContacterMail. Images hosted by ContacterMail on
ContacterMail controlled servers may only be used in connection with the
Products and for no other purpose whatsoever.
5.5 Prohibited Content. ContacterMail prohibits the use of the Products or web
site by any person or entity that:
Provides, sells or offers to sell any of the following products or content (or
services related to the same): escort services; illegal goods; illegal drugs;
illegal drug contraband; instructions on how to assemble or otherwise make
bombs, grenades or other weapons.
Displays or markets material that exploits children, or otherwise exploits
children under 18 years of age.
Provides material that is grossly offensive, including blatant expressions of
bigotry, prejudice, racism, hatred or excessive profanity or post any obscene,
lewd, lascivious, filthy, excessively violent, harassing or otherwise
objectionable content.
Posts or discloses any personally identifying information or private information
about children without their consent (or their parents consent in the case of a
minor).
Sells or promotes any products or services that are unlawful in the location at
which the content is posted or received.
Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
Promotes. Engages in any libelous, defamatory, scandalous, threatening,
harassing activity.
Posts any content that advocates, promotes or otherwise encourages violence
against any governments, organizations, groups or individuals or which provides
instruction, information or assistance in causing or carrying out such violence.
Provides content, including images, of authors, artists, photographers or others
without the express written consent of the content owner.
5.6 Right to Disable Access. ContacterMail, at its own discretion, may
immediately disable your access to the Products without refund if ContacterMail
believes in its sole discretion that you have violated any of the policies
listed above or elsewhere in this Agreement.
6. Restrictions and Responsibilities
There are No Rights in Software. This is an Agreement for services and access to
this web site, and you are not granted a license to any software by this
Agreement. You will not, directly or indirectly: reverse engineer, decompile,
disassemble, or otherwise attempt to discover the source code, object code, or
underlying structure, ideas, or algorithms of, or found at or through the
Products or any software, documentation, or data related to the Products
("Software"); remove any proprietary notices or labels from the Products or any
Software, modify, translate, or create derivative works based on the Products or
any Software; or copy, distribute, pledge, assign, or otherwise transfer or
encumber rights to the Products or any Software.
Unless you are an authorized reseller of the Products, you may not display,
copy, reproduce, or distribute the Software, any component thereof, any
documentation provided in connection with the Products or the Software, or any
content, including but not limited to newsletters, distributed to you by
ContacterMail in connection with the Products. Violation of these restrictions
may result in the termination of this Agreement.
7. Submissions
Any submission, communication or content posted to the Site by any user shall be
deemed non-confidential in nature, unless expressly stated on any particular
page(s) on the Site that such page(s) will permit a submission or communication
to be treated as confidential by ContacterMail. By posting a submission,
communication or content on the Site, you permit ContacterMail a royalty-free,
perpetual, irrevocable, non-exclusive license to use, reproduce, modify,
publish, edit, transfer, distribute, perform and display the submission,
communication or content, in whole or in part, in any form or media outlet or to
sublicense such rights. You are hereby liable and responsible for all
submissions, communications and content that you post on the Site. The following
types of submissions, communications and content are prohibited from posting to
the Site: a) copyrighted content, unless you are the copyright owner or have the
permission of the copyright owner to post such content; b) content which reveals
trade secrets, unless you are the owner of such trade secrets or have the
permission of the owner; c) content that infringes upon any intellectual
property rights of others; d) content that exhibits obscene, defamatory,
threatening, harassing, abusive, hateful or embarrassing behavior; e) sexually
explicit images; advertisements or solicitations of business products and/or
services; f) chain letters or pyramid schemes; or g) impersonating others.
8. Disclaimer of Warranties
You expressly agree that use of the Site is at your sole risk. The Site is
provided by ContacterMail on an “as is” and “as available” basis. ContacterMail
expressly disclaims all warranties of any kind, whether express or implied,
including, but not limited to, the implied warranties of merchantability,
fitness for a particular purpose and non-infringement. ContacterMail makes no
warranties that the Site will meet your requirements and/or be uninterrupted,
timely, secure or error-free, nor does ContacterMail make any warranty as to the
accuracy or reliability of any information obtained and/or downloaded through
the use of the Site or that defects in the system and software will be
corrected. ContacterMail makes no warranty regarding any goods or services
purchased or downloaded through the use of the Site or any third-party links or
any information obtained or transactions entered into through the use of the
Site. No advice or information, whether oral or written, obtained by you from
ContacterMail shall create a warranty not expressly stated herein. Furthermore,
ContacterMail makes no warranties concerning the suitability of the content
contained on the Site for any purpose.
9. Disclaimer of Liability
ContacterMail shall not be liable for any damages whatsoever, whether direct,
indirect, punitive, incidental, special or consequential, arising out of or in
any way connected to the use of the Site or with the delay or inability to use
the Site, or for any information, products and services obtained through the
Site, or otherwise arising out of the utilization of the Site, whether based in
contract, tort, strict liability or otherwise, even if ContacterMail has been
advised of the possibility of said damages. Furthermore, ContacterMail shall not
be liable for any damages arising from the interruption, suspension or
termination of the Site, including, but not limited to, direct, indirect,
incidental, special, consequential or exemplary damages, whether or not such
interruption, suspension or termination was justified, negligent or intentional.
10. Severability
If any term or provision of this Agreement is determined to be illegal,
unenforceable or invalid in whole or in part for any reason, such illegal,
unenforceable or invalid provision(s) or part thereof shall be stricken from
this Agreement, and such provision(s) shall not affect the legality,
enforceability or validity of the remainder of this Agreement. If any provision
or part thereof is stricken in accordance with the provisions of this section,
then this stricken provision shall be replaced, to the extent possible, with a
legal, enforceable and valid provision that is as similar in tenor to the
stricken provision as is legally possible
11. Termination
You may terminate this Agreement at any time by calling ContacterMail Customer
Support. There are no refunds for any fees paid.
ContacterMail may terminate this Agreement or the Products, disable your account
or put your account on inactive status, in each case at any time with or without
cause, and with or without notice. ContacterMail shall have no liability to you
or any third party because of such termination or action.
ContacterMail may delete any of your archived data within 30 days after the date
of termination. After termination, you shall process all unsubscribe requests
within 30 days of your last email campaign. ContacterMail will provide upon
request the list of unsubscribe requests from your last campaign. All sections
of this Agreement that by their nature should survive termination will survive
termination, including, without limitation, ownership, warranty disclaimers and
limitations of liability.
If your account is classified (at ContacterMail's sole discretion) as inactive
for over 120 days, ContacterMail has the right to permanently delete your
subscriber data. ContacterMail will use good faith efforts to contact you via
email prior to taking any permanent removal actions.
If you have any questions about the rights and restrictions above, please
contact us by emailing at sales@ContacterMail.com
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