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Terms of Use

Please read these Terms carefully. By using Serious Email or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.

We’ll start with the basics, including a few definitions that should help you understand this agreement. Serious Email (“Serious Email” or the “Service”) is an email service offered through the URL serious.email (we’ll refer to it as the “Website”) that allows you to create, send, and manage html email (each message is called an “Email”) to individual recipients. Serious Email is owned and operated by Serious Email, LLC d/b/a Serious Email, a Maryland limited liability corporation (“Serious Email,” “we,” or “us”). Serious Email has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”).

These Terms of Use (“Terms,” including our Privacy Policy define the terms and conditions under which you’re allowed to use Serious Email, and how we’ll treat your account while you’re a Member. If you have any questions about our terms, feel free to contact us.

ACCOUNT

1. Eligibility

In order to use Serious Email, you must:

  1. be at least eighteen (18) years old and able to enter into contracts;
  2. complete the registration process;
  3. agree to the Terms; and
  4. provide true, complete, and up to date contact information.

By using Serious Email, you represent and warrant that you meet all the requirements listed above, and that you won’t use Serious Email in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) Serious Email may refuse service, close accounts of any users, and change eligibility requirements at any time.

2. Term

The Term begins when you sign up for Serious Email and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for Serious Email on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

3. Closing Your Account

You or Serious Email may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment or reimburse you for unused services. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website.

4. Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of Serious Email. We may change the Website, the Service, or any features of the Service at any time.

5. Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.

6. Account Disputes

We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact information listed for that account.

PAYMENT

7. Monthly Plans

Our charges for monthly plans may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If you go over your sending limit and reach another pricing level, then you’ll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level.

9. Credit Cards

As long as you’re a Member or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.

10. Refunds

We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.

11. Billing Changes

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

RIGHTS

12. Proprietary Rights Owned by Us

You will respect our proprietary rights in the Website and the software used to provide Serious Email (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights).

13. Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all of the material in your Emails. You retain ownership of the materials that you upload to the Service. We may use or disclose your materials only as described in these Terms and our Privacy Policy.

14. Privacy Policy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

15. Right to Review Email Campaigns

We may view, copy, and internally distribute content from your Emails and account to create algorithms and programs (“Tools”) that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws.

RULES AND ABUSE

16. General Rules

You promise to follow these rules:

  1. You won’t send Spam! By “spam,” we mean the definition on the Spamhaus website.
  2. You won’t use purchased, rented, or third-party lists of email addresses.
  3. You won’t violate our Acceptable Use Policy, which is part of this Agreement.
  4. If you use our API, you’ll comply with our API Use Policy.

If you violate any of these rules, then we may suspend or terminate your account.

17. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Serious Email user, please report it to our abuse team. (The best way to tell whether an email was sent through Serious Email is that every Serious Email campaign has an embedded Campaign Tracking ID in the header that makes it easy to report suspected spam.)

18. Bandwidth Abuse/Throttling

You may only use our bandwidth for your Serious Email emails. We provide image and data hosting only for your email campaigns, so you may not host images on our servers for anything else (like a website). We may throttle your sending or connection through our API at our discretion.

19. Compliance with Laws

You represent and warrant that your use of Serious Email will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. You may not use our Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.

If you’re located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your Email distribution list, sending Emails via Serious Email, and collecting information as a result of sending Emails, you:

  1. Will clearly describe in writing how you plan to use any data collected, including for your use of Serious Email. You’ll get express consent to transfer data to Serious Email and be processed, and you’ll otherwise comply with whatever privacy policy you have posted.
  2. Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through Serious Email.
  3. Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow Serious Email to receive and process data and send communications to that individual on your behalf.
  4. Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.

20. U.S. Export Controls

The software that supports the Services (the “Software”) is subject to United States export controls. Export laws are set up by the government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. You’re downloading and using the Software at your own risk.

LIABILITY

21. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.

22. No Warranties

To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use Serious Email for a variety of reasons, we can’t guarantee that it will meet your specific needs.

23. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

24. Attorney Fees

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

25. Equitable Relief

If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

26. Subpoena Fees

If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

27. Disclaimers

We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.

FINE PRINT

28. Notice to U.S. Government End Users

The Software and Website, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:

  1. only as Commercial Items,
  2. with the same rights as all other end users, and
  3. according to the Terms

Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is Serious Email, LLC, PO Box 456, Sykesville MD 21784.

29. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

30. Choice of Law

The State of Maryland’s laws, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the state and federal courts in Carroll County, Maryland, and each party will be subject to the jurisdiction of those courts.

31. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

32. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

33. Severability

If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

34. Interpretation

The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.

35. Amendments and Waiver

Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

36. No Changes in Terms at Request of Member

We can’t change these Terms for any one Member or group.

37. Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

38. Notification of Security Breach

In the event of a security breach that may affect you or anyone on your Email distribution lists (each a “List”), we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do so.

39. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Serious Email, PO Box 456, Sykesville, MD 21784, or any addresses as we may later post on the Website.

40. Entire Agreement

These Terms, and our Privacy Policy make up the entire agreement and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into these Terms when you activate the feature.

Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control.


Acceptable Use Policy

All Serious Email users must follow this Acceptable Use Policy in their use of Serious Email and any other Serious Email products. If you violate this policy, we may suspend or terminate your account. We may also suspend or terminate accounts where we see behavior, content, or other factors that poses a threat to our system.

Prohibited Content

Please don’t use Serious Email to send anything offensive, to promote anything illegal, or to harass anyone. You may not send:

  • Emails offering to sell illegal goods or services
  • Emails that violate CAN-SPAM Laws
  • Pornography/sexually explicit content

Some industries have higher-than-average abuse complaints, which can jeopardize the deliverability of our entire system. Nothing personal, but in order to maintain the highest delivery rates possible for all our customers, we can’t allow businesses that offer these types of services, products, or content:

  • Escort and dating services
  • Pharmaceutical products
  • Work from home, make money online, and lead generation opportunities
  • Gambling services or products
  • Multi-level marketing
  • Affiliate marketing
  • Credit repair and get out of debt opportunities
  • List brokers or list rental services
  • Selling “Likes” or followers for a social media platform

Sending Subject to Additional Scrutiny

We’ve also found that certain types of content may cause higher-than-average abuse rates. In general, hard bounce rates should be under 5%, and spam complaint rates should be less than 0.1%. For that reason, we may closely review, suspend, throttle, or disable accounts that exceed these rates and/or offer the following services, products, or content:

  • Online trading, day trading tips, or stock market related content
  • Daily horoscope reports
  • Mortgages and loans
  • Nutritional, herbal, and vitamin supplements
  • Adult Entertainment/Novelty Items
  • Real estate
  • Services that support programmatically sending mail on behalf of third parties without creating or reviewing the content

Prohibited Actions

We work hard to maintain the positive reputation of our system, but we count on our customers to pitch in too. You may not:

  • Send Spam. Spam can be in the form of bulk emails or one to one commercial emails. For bulk emails we use the definition by Spamhaus, in short “unsolicited bulk email.” For single commercial emails, we define spam as any message that violates CAN SPAM law.
    • You must be able to point to an opt-in form or show other evidence of consent for bulk email.
  • Put into your Email or Account any material that wasn’t created by you, provided for you to use, or that would violate anyone’s rights. That includes text, photos, graphics, and other content.
  • Use any misleading or incorrect names, addresses, email addresses, subject lines, or other information on the Website or in any Emails created or sent using our Service.
  • Share your password.
  • Decipher, decompile, disassemble, or reverse engineer any of the software on our Website, or in any way used or downloaded from the Website.
  • Use any of the software on our Website, or downloaded from the Website, to create a competing product.
  • Use an outside unsubscribe process when sending bulk content to a list hosted in Serious Email.
  • Set up multiple accounts for any person or entity in order to send similar content, unless you’re part of a franchise or agency.
  • Import or incorporate any of this information into any lists, emails or uploads to our servers: Social Security numbers, passwords, security credentials, or sensitive personal information.
  • Send email that will be delivered to recipients as text, SMS, or MMS messages unless using a feature designed for that purpose.
  • Upload or send to purchased, rented, third-party, co-reg, publicly available data, or partner lists of any kind.
  • Send or forward personal mail.
  • Host images on our servers for any purpose other than for use in your email campaigns.
  • Host content on our servers for any purpose other than to send email campaigns.
  • Delete, bulk unsubscribe, or otherwise modify your list in order to avoid our billing thresholds.
  • Send bulk emails, meaning emails directed to a number of individuals with the same content.

API Use Policy

Serious Email has an API that you can access. The API make it possible for developers to better use the Services and build integrations that help other people use the Services in new ways (each an “Integration”). We provide this API to allow people to build on and benefit from Serious Email. At the same time, we have to protect our system, as well as our users’ rights. That’s why this API Use Policy (the “Policy”) exists. Your use of the API must comply with both our Terms of Use.

1. Login

You’ll only access the API using an API key.

2. Spam and Abuse

You won’t use the API to send spam or, if you’re using Serious Email’s API, take any actions that violate our Acceptable Use Policy. You’ll follow all documentation. You won’t attempt to hack or change the way the Services function. We may throttle your use of the APIs at any time. We may monitor your use of the APIs for compliance with these rules, and we may deny You access to the API or shut down your Integration if you try to go around or exceed the limitations we set.

3. Privacy

You’ll respect the privacy of our users. Your Integration must display a privacy policy for users, detailing the information you’ll collect from them when they use the Integration.

4. Ownership

We own all worldwide rights, titles, and interest in the Services and the API, including all intellectual property rights, marks, code, and features. You won’t infringe or copy our code, design, or content. Any rights not expressly granted by this policy are withheld, so if you don’t see it here, then it’s not a right we’re giving you. You own all worldwide rights, titles, and interest in the Integration, except for the APIs, our marks, and the Services, including all intellectual property rights. If you give us comments about the APIs or the Services, we may copy, modify, create derivative works, display, disclose, distribute, and use that feedback without any obligation to compensate you.

5. Use of Marks

You may only use our name and marks (meaning our logos, mascots, and copyrighted images.) You may not alter or remove any proprietary notices in our marks. You won’t use our name or marks in your Integration name or logo, or in any way that implies an endorsement by us. If you use our marks to create your logo or name, you’ll immediately assign those rights to us at no expense.

6. Representations and Warranties

You represent and warrant that you’ll maintain all the licenses required for your Integration, and that your Integration won’t violate any law or regulations in any way.

7. Disclaimer

To the maximum extent permitted by law, We provide the API as-is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to merchantability and fitness for a particular purpose.

8. Updates

We may update or modify the API and this Policy from time to time by posting the changes on this site or notifying you via email. These changes may affect your use of the APIs or the way your Integration interacts with the API. If we make a change that’s unacceptable to you, you should stop using the APIs. Continued use of the APIs means you accept the change.

9. Confidentiality

You may have access to confidential, proprietary, and non-public information specific to the API (“Confidential Information”). You may use this information only to use and build with the API. You won’t disclose the Confidential Information to anyone without our written consent, and you’ll protect the Confidential Information from unauthorized use and disclosure in the same way you’d protect your own confidential information.

10. Indemnification

You’ll indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from third-party claims that relate to your use of the API.

11. The Rest

This policy is part of our Terms of Use. This policy doesn’t create or imply any partnership, agency, or joint venture.

Thank you.


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