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MailMentum® (the "Product") provides a collection of tools and
resources to create, launch, and manage online marketing campaigns. The
following are the terms and conditions for use of the Product.
1. Product and
Support
| 1.1 |
MailMentum is subject to the following terms and conditions
and any operating policies that MailMentum may establish (the "Agreement").
MailMentum may make changes to this Agreement at its sole discretion, and
continued use of the Service constitutes Customer's acceptance of any such
changes. Such changes will be posted to the MailMentum.com web site. |
| 1.2 |
MailMentum is available only to persons who can form legally
binding contracts under applicable law. Without limiting the foregoing, the
Product is not available to individuals under the age of 18. If you do not
qualify, please do not use the Product. |
| 1.3 |
MailMentum provides its customers the tools to sign up web
site visitors, collect and retrieve visitor sign-up data, and develop and
execute simple interactive marketing communications with visitors.
Product customers will ensure conformance to all Federal and local Anti-SPAM
legislation and MailMentum's Anti-SPAM policy, as posted to the MailMentum web
site. |
| 1.4 |
Customers must complete a registration form in
order to use the Product. Customer must provide true, accurate, current, and
complete information as requested in the registration form. Customer is
committed to keeping all such account information current. |
| 1.5 |
MailMentum services will be subject to usage fees based on
actual numbers of emails sent once the trial customer has completed the free
trial period (100 free emails). MailMentum will send notification to the
MailMentum Customer account contact at the completion or termination of the
free trial period. Billing will be monthly or your pre-paid account will be
debited for Services on a monthly basis. Payment terms are net 30. Payment must
be made payable to MailMentum via valid credit card, payable in US dollars. If
MailMentum is for any reason unable to charge your credit card, we will contact
your Customer account contact via email. Failure to receive payment may result
in disruption of service. MailMentum will email notification to the Customer
account contact before such disruption of service occurs. MailMentum's fee and
payment schedule is subject to change at any time at MailMentum's discretion.
You are responsible for reviewing the Pricing schedule from time to time Again,
any changes will be communicated via email to the MailMentum Customer account
contact at least 30-days prior to such changes going into affect.
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| 1.6 |
As part of the registration process, Customers must identify a
valid e-mail address and password for their MailMentum account. MailMentum
customers are solely responsible for maintaining the security of the Customer
account, passwords, and files, and for all uses of Customer's account and of
the Product by said Customer. MailMentum can only share Customer
information with the Customer who originally signed up for said
account. MailMentum reserves the right to refuse registration of, or
cancel, accounts it deems inappropriate. |
| 1.7 |
Customer acknowledges that from time to time delivery of email
messages sent through MailMentum may be blocked or prevented at the destination
mail servers. You acknowledge and agree that you are responsible for paying
Fees for all email messages sent through MailMentum that have repeated
blocking. Customers will not be charged for first time blocked or prevented
receipt emails.
Customer is responsible for monitoring, correcting and updating the email
addresses to which messages are sent through your MailMentum account to prevent
repetitive blocks and bounces.
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2 Restrictions and
Responsibilities
| 2.1 |
MailMentum will not use your customer list or any other
customer account or campaign information for any other purposes other than
those intended with the service. Your customer information will not be shared
with any other parties. MailMentum will not use your customer information for
the purpose of sending unsolicited commercial email. |
| 2.2 |
This is an Agreement for usage of MailMentum. The Customer is
not granted a license to any software application code by this Agreement.
Customer 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 the Product or any software,
documentation, or data related to the Product ("Software"); modify, translate,
or create derivative works based on the Product or any Software; or copy
(except for archival purposes), distribute, pledge, assign, or otherwise
transfer or encumber rights to the Product or any Software; use the Product or
any Software for timesharing or service bureau purposes or otherwise for the
benefit of a third party; or remove any proprietary notices or labels. |
| 2.3 |
Customer represents, covenants, and warrants that Customer
will use the Product only in compliance with MailMentum's privacy and anti-SPAM
policies as published at the www.MailMentum.com Web site or otherwise furnished
to Customer by MailMentum. Customer may not access or otherwise use third party
mailing lists in connection with preparing or distributing unsolicited e-mail
to any third party. Customer hereby agrees to indemnify and hold harmless
MailMentum against any damages, losses, liabilities, settlements, and expenses
(including without limitation costs and reasonable attorneys fees) in
connection with any claim or action that arises from alleged violations of
these policies. Although MailMentum has no obligation to monitor the content
provided by the Customer or the Customer's use of MailMentum, MailMentum may do
so and may remove any such content or prohibit any use of the Product it
believes may be (or alleged to be) in violation of these policies. |
| 2.4 |
Customer acknowledges and agrees that the
MailMentum product, name, logos and all related product and service names,
design marks and slogans, are the property of MailMentum or its affiliates or
suppliers (collectively, the "Marks"). You are not authorized to use any of the
Marks in any advertising, publicity or any other commercial manner without the
prior written consent of MailMentum. Your use of the Services confers no title
or ownership in the Service, the Software or the Marks and is not a sale of any
rights in the Service, the Software or the Marks. All ownership rights remain
in MailMentum or its third party suppliers, as the case may be. |
| 2.5 |
Every email message sent from or in connection with MailMentum
must include an identifying footer stating "Powered by MailMentum" or a similar
message.
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| 2.6 |
Every email message sent from or in connection with MailMentum
must contain
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| 2.6.1 |
An "unsubscribe" link that allows visitors to remove
themselves from your mailing list, and |
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| 2.6.2 |
A link to your Customer Email Privacy Policy. You acknowledge
and agree that you will not remove, disable or attempt to remove or disable
either link.
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| 2.7 |
You agree to only import permission-based lists (note:
purchased lists may not be used; please contact MailMentum if you have
questions). If you have used the MailMentum 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 through MailMentum to such recipient.
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| 2.8 |
You cannot mail to distribution lists, newsgroups, or spam
email addresses. You cannot copy a MailMentum template and use the design for
purposes other than sending emails from MailMentum. MailMentum, at its own
discretion, may immediately disable your access without refund to the Services
if MailMentum believes in its sole discretion that you have violated any of the
restrictions listed above.
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| 2.9 |
In using the varied features of the Product, Customer may
provide information (such as name, contact information, or other registration
information) to MailMentum. MailMentum may use this information and any
technical information about Customer's use of this web site to tailor its
presentations to Customer, facilitate Customer's movement through this web
site, or communicate separately with Customer. MailMentum will not provide
information to companies Customer has not authorized, and MailMentum will not
permit the companies that get such information to sell and redistribute it
without Customer's prior consent. |
| 2.10 |
Emails powered by MailMentum may only be used for lawful
purposes. Transmission or solicitation of any material that violates United
States federal, state or other laws that may apply in this jurisdiction or your
local area is prohibited. This may include material that is obscene,
threatening, harassing, libelous, or in any way a violation of intellectual
property laws or a third party's intellectual property rights. See the
MailMentum website for MailMentum's Privacy Statement for more information. |
3. Termination
Customer may terminate this Agreement at any
time by sending an email message to support@MailMentum.com
or by sending written notice to,
MailMentum -
8373 Cason Rd., Gladstone, OR 97027
MailMentum may terminate this Agreement or the Product at any
time with or without cause, and with or without notice. MailMentum shall have
no liability to Customer or any third party because of such termination.
Upon termination for any reason, MailMentum will delete any
Customer archived data within 30 days after the date of termination. All
sections of this Agreement, which by their nature should survive termination,
will survive termination, including, without limitation, warranty disclaimers
and limitations of liability.
If a MailMentum Customer does not log into its account for more
than 90 days, the account may become inactive. When an account is classified
(at MailMentum's sole discretion) as inactive, MailMentum will notify the
Customer MailMentum account contact by email. INACTIVE ACCOUNTS HAVE 30 DAYS TO
BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SIGNUP CAMPAIGN RESULTS,
WILL BE PERMANENTLY REMOVED FROM THE MAILMENTUM DATABASE.
4. Warranty
Disclaimer
USE OF MAILMENTUM AND ANY RELIANCE BY YOU UPON MAILMENTUM, INCLUDING ANY
ACTIONS TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK.
MAILMENTUM DOES NOT WARRANT THAT THE MAILMENTUM SERVICE WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF THE PRODUCT. THE PRODUCT AND SERVICES ARE
PROVIDED "AS IS" AND MAILMENTUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
5. Limitation of
Liability
TO THE MAXIMUM EXTENT
PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MAILMENTUM OR ANY
OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS,
INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS,
EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO
FOR PURPOSES OF THIS SECTION AS "MAILMENTUM") BE LIABLE TO YOU
OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR
CONSEQUENTIAL DAMAGES, EVEN IF MAILMENTUM HAD BEEN INFORMED OF
THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING,
MAILMENTUM IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE
WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE), THE LIABILITY OF MAILMENTUM TO YOU WILL BE LIMITED
TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY
NOT APPLY TO YOU.
6. Export of Product or Technical
Data
Customer may not remove or
export MailMentum from the United States or allow the export
or re-export of MailMentum, or any direct product thereof.
This includes technical data, in violation of any
restrictions, laws, or regulations of the United States or any
other applicable country.
7. Miscellaneous
If any provision of this Agreement is found to
be unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that this
Agreement will otherwise remain in full force and effect and
enforceable.
MailMentum and you agree that this
Agreement is the complete and exclusive statement of the
mutual understanding of the parties and supersedes and cancels
all previous written and oral agreements, communications, and
other understandings relating to the subject matter of this
Agreement, and that all waivers and modifications must be in a
writing signed by both parties, except as otherwise provided
herein. No delay or omission by either party in exercising any
right or remedy under this Agreement or existing at law or
equity shall be considered a waiver of such right or
remedy.
No agency, partnership, joint venture,
or employment is created as a result of this Agreement, and
Customer does not have any authority of any kind to bind
MailMentum in any respect whatsoever.
In any action or proceeding to enforce
rights under this Agreement, the prevailing party will be
entitled to recover its costs and attorneys fees.
This
Agreement shall be governed by the laws of the State of Oregon
and State of Delaware USA without regard to its conflict of
laws provisions.
We reserve the right to modify our pricing
and we will notify you by email when this
occurs.
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