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End User License Agreement / Terms and Conditions
1. Copyright
Copyright © 2002-2011 ContacterMail, 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. Proprietary Rights.
This is an agreement for services and Customer is not granted any license hereunder. All software embedded in the Services, the Professional Services, and in any applications developed, owned or controlled by Contacter Mail (as applicable) (the "Software"), and the Services, are and shall remain the sole and exclusive property of Contacter Mail. Accordingly, Customer acknowledges that, as between Contacter Mail and Customer, Contacter Mail owns all right, title and interest in and to the Software and the Services, including, without limitation, all United States and international patent rights, copyrights, trademark rights, trade secret rights, and all other proprietary rights pertaining thereto. Except as expressly granted in this Agreement, Customer will not have or acquire any rights or interest in or to the Software or the Services. Customer acknowledges that the Software contains proprietary information and trade secrets of Contacter Mail. Customer will not take any actions inconsistent with Contacter Mail's ownership of each of Contacter Mail's rights in and to the Software. Customer agrees that Customer will not directly or indirectly: (i) assign, distribute, license, sublicense, transfer, sell, rent, lease, time share, grant a security interest in, or otherwise transfer any rights in or to the Software, or make the Software available to third parties except as authorized by this Agreement; (ii) modify, translate, reverse engineer, decompile or disassemble the Software for any purpose, including, without limitation, the creation of derivative works or similar products; (iii) upload, link to or post any portion of the Software on a bulletin board, intranet, extranet or web site; (iv) use or distribute the Software in violation of any applicable laws, regulations or export restrictions; or (v) possess or use the Software in any format other than machine-readable format. All rights in the Software not explicitly granted herein, are reserved by Contacter Mail. If you are using the Services in any country within the European Union, the prohibitions set forth herein will not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
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 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
Terms And Conditions
This prohibited content and commerce statement is incorporated by reference in Contacter Mail Corporation's ("Contacter Mail") end user services agreement posted at www.Contacter Mail.com ("EUSA"). Contacter Mail expressly prohibits the use of Contacter Mail's website, software or services by any party that engages in, or posts on its website content that relates to, the provision, distribution, display, performance, solicitation, disclosure and/or sale or rent of (as applicable) any of the following ("Prohibited Content"):
1. pornography, adult entertainment, nudity, prostitution or escort services; online gambling; federally regulated or otherwise illegal drugs or narcotics, or paraphernalia associated therewith; illegal or unlawful goods or services; act(s) of violence or commission(s) of crimes or illegal activities; products or services from an embargoed or blacklisted country, individual or entity; stolen goods; libelous, defamatory, scandalous, threatening or harassing acts; pirated computer programs; counterfeit or fraudulent products; instructions on how to assemble or otherwise make any weapon including bombs, grenades or firearms;
2. mailing lists, distribution lists, newsgroups, or spam email addresses;
3. content or material that exploits or is harmful to children under 18 years of age;
4. any personally identifying information or private information;
5. content that is: unlawful; grossly offensive, including expressions of bigotry, discrimination, prejudice, racism, hatred or excessive profanity; or obscene, lewd, lascivious, filthy, malicious, libelous, defamatory, excessively violent, defamatory, threatening, harassing or otherwise morally objectionable;
6. viruses, worms, harmful or malicious code and/or Trojan horses;
7. pyramid schemes, multi-level channel and/or network marketing opportunities, including, but not limited to personal work-at-home offers promoting "get rich quick," "build your wealth," and "financial independence" offerings;
8. 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; and
9. content that violates or misappropriates any third party intellectual property, moral or privacy right.
As always, sending unsolicited commercial email or "Spam" is FORBIDDEN. See our EUSA and our Anti-Spam Policy and Spam FAQ for details. Content may be deemed Prohibited Content by Contacter Mail, in its sole discretion. In its sole discretion, Contacter Mail reserves the right to prohibit the use by any party of Contacter Mail's website, software and/or services.
This document may change from time to time. Please contact the Contacter Mail team at customercare@Contacter Mail.com with any questions about whether you or your company can use Contacter Mail's website, software or services.
Pursuant to Section 22 of the EUSA, at any time, either party may terminate Customer's Contacter Mail account for any reason.
Amounts paid are not refundable. Subscriptions to our service are pre-paid. As such, any cancellations that occur in the middle of a payment term (month, quarter, or year depending on payment schedule) will be made effective on the final day of such term.
Notwithstanding any termination of this Agreement, Customer will remain obligated to pay Contacter Mail Fees which were incurred prior to (and on) the effective date of such termination.
If you use the Services through Contacter Mail Personal Free Edition and wish to terminate your account, no action is required. If you use the Services through Contacter Mail Personal Free Edition and fail to use the Services for at least sixty (60) consecutive days, as of the sixty-first (61st) day after your last use of the Services your account will automatically expire.
Credit Card Expirations or Declines
Please note that allowing a credit card to expire or failing to submit payment by check regardless of invoice receipt status will not automatically cancel your account as we maintain all account data, allow subscriptions to occur, and allow you access to your account. You will remain responsible for paying the monthly subscription fee, which will accrue to your account, until we receive a valid termination notice.
We may send notice to the email on record if your credit card is declined. We may also follow-up by phone or mail. We reserve the right to send delinquent accounts to a collection agency if they are not paid within ninety (90) days.
