{"id":78,"date":"2018-02-05T15:22:35","date_gmt":"2018-02-05T15:22:35","guid":{"rendered":"http:\/\/soserious.kurt\/blog\/?page_id=78"},"modified":"2018-02-05T15:40:29","modified_gmt":"2018-02-05T15:40:29","slug":"terms-of-use","status":"publish","type":"page","link":"https:\/\/serious.email\/w\/terms-of-use\/","title":{"rendered":"Terms of Use"},"content":{"rendered":"
\n
\n

Please read these Terms carefully. By using Serious Email or signing up for an account, you\u2019re agreeing to these Terms. This is a legal agreement.<\/p>\n

We\u2019ll start with the basics, including a few definitions that should help you understand this agreement. Serious Email (\u201cSerious Email\u201d or the \u201cService\u201d) is an email service offered through the URL serious.email<\/a> (we\u2019ll refer to it as the \u201cWebsite\u201d) that allows you to create, send, and manage html email (each message is called an \u201cEmail\u201d) to individual recipients. Serious Email is owned and operated by Serious Email, LLC d\/b\/a Serious Email, a Maryland limited liability corporation (\u201cSerious Email,\u201d \u201cwe,\u201d or \u201cus\u201d). Serious Email has employees, independent contractors, and representatives (\u201cour Team\u201d). As a customer of the Service or a representative of an entity that\u2019s a customer of the Service, you\u2019re a \u201cMember\u201d according to this agreement (or \u201cyou\u201d).<\/p>\n

These Terms of Use (\u201cTerms,\u201d including our Privacy Policy<\/a> define the terms and conditions under which you\u2019re allowed to use Serious Email, and how we\u2019ll treat your account while you\u2019re a Member. If you have any questions about our terms, feel free to contact us<\/a>.<\/p>\n

ACCOUNT<\/h1>\n

1. Eligibility<\/h2>\n

In order to use Serious Email, you must:<\/p>\n

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

    By using Serious Email, you represent and warrant that you meet all the requirements listed above, and that you won\u2019t 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.<\/p>\n

    2. Term<\/h2>\n

    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\u2019ve officially \u201csigned\u201d 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.<\/p>\n

    3. Closing Your Account<\/h2>\n

    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\u2019ll refund a prorated portion of your monthly prepayment or reimburse you for unused services. We won\u2019t refund or reimburse you if there\u2019s 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.<\/p>\n

    4. Changes<\/h2>\n

    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.<\/p>\n

    5. Account and Password<\/h2>\n

    You\u2019re responsible for keeping your account name and password confidential. You\u2019re also responsible for any account that you have access to, whether or not you authorized the use. You\u2019ll immediately notify us of any unauthorized use of your accounts. We\u2019re not responsible for any losses due to stolen or hacked passwords. We don\u2019t have access to your current password, and for security reasons, we may only reset your password.<\/p>\n

    6. Account Disputes<\/h2>\n

    We don\u2019t know the inner workings of your organization or the nature of your personal relationships, and we don\u2019t arbitrate disputes over who owns an account. You won\u2019t request access to or information about an account that\u2019s not yours, and you\u2019ll 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\u2019ll rely on the contact information listed for that account.<\/p>\n

    PAYMENT<\/h1>\n

    7. Monthly Plans<\/h2>\n

    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 \u201cPay Date\u201d). If you go over your sending limit and reach another pricing level, then you\u2019ll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you\u2019ll still be required to make one payment at the higher level.<\/p>\n

    9. Credit Cards<\/h2>\n

    As long as you\u2019re a Member or have an outstanding balance with us, you\u2019ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You\u2019ll 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\u2019t be rejected. If we\u2019re unable to process your credit card order, we\u2019ll try to contact you by email and suspend your account until your payment can be processed.<\/p>\n

    10. Refunds<\/h2>\n

    We\u2019ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that\u2019s not laid out in these Terms. You won\u2019t 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.<\/p>\n

    11. Billing Changes<\/h2>\n

    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.<\/p>\n

    RIGHTS<\/h1>\n

    12. Proprietary Rights Owned by Us<\/h2>\n

    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).<\/p>\n

    13. Proprietary Rights Owned by You<\/h2>\n

    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.<\/p>\n

    14. Privacy Policy<\/h2>\n

    We may use and disclose your information according to our Privacy Policy<\/a>. Our Privacy Policy will be treated as part of these Terms.<\/p>\n

    15. Right to Review Email Campaigns<\/h2>\n

    We may view, copy, and internally distribute content from your Emails and account to create algorithms and programs (\u201cTools\u201d) that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws.<\/p>\n

    RULES AND ABUSE<\/h1>\n

    16. General Rules<\/h2>\n

    You promise to follow these rules:<\/p>\n

      \n
    1. You won\u2019t send Spam! By \u201cspam,\u201d we mean the definition on the Spamhaus website<\/a>.<\/li>\n
    2. You won\u2019t use purchased, rented, or third-party lists of email addresses.<\/li>\n
    3. You won\u2019t violate our Acceptable Use Policy, which is part of this Agreement.<\/li>\n
    4. If you use our API, you\u2019ll comply with our API Use Policy<\/a>.<\/li>\n<\/ol>\n

      If you violate any of these rules, then we may suspend or terminate your account.<\/p>\n

      17. Reporting Abuse<\/h2>\n

      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<\/a>. (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.)<\/p>\n

      18. Bandwidth Abuse\/Throttling<\/h2>\n

      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.<\/p>\n

      19. Compliance with Laws<\/h2>\n

      You represent and warrant that your use of Serious Email will comply with all applicable laws and regulations. You\u2019re 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\u2019re subject to regulations (like HIPAA) and you use our Service, then we won\u2019t be liable if our Service doesn\u2019t meet those requirements. You may not use our Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act<\/a>, Fair Credit Reporting Act<\/a>, Equal Credit Opportunity Act<\/a>, or other laws that apply to commerce.<\/p>\n

      If you\u2019re 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:<\/p>\n

        \n
      1. Will clearly describe in writing how you plan to use any data collected, including for your use of Serious Email. You\u2019ll get express consent to transfer data to Serious Email and be processed, and you\u2019ll otherwise comply with whatever privacy policy you have posted.<\/li>\n
      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\u2019re sending any form of email through Serious Email.<\/li>\n
      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.<\/li>\n
      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.<\/li>\n<\/ol>\n

        20. U.S. Export Controls<\/h2>\n

        The software that supports the Services (the \u201cSoftware\u201d) 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\u2019re downloading and using the Software at your own risk.<\/p>\n

        LIABILITY<\/h1>\n

        21. Limitation of Liability<\/h2>\n

        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\u2019t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they\u2019re based on negligence or we\u2019ve 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.<\/strong><\/p>\n

        22. No Warranties<\/h2>\n

        To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don\u2019t 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\u2019t guarantee that it will meet your specific needs.<\/strong><\/p>\n

        23. Indemnity<\/h2>\n

        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\u2019t allowed under these Terms due to a \u201cLimitation of Liability\u201d 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.<\/p>\n

        24. Attorney Fees<\/h2>\n

        If we file an action against you claiming you breached these Terms and we prevail, we\u2019re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.<\/p>\n

        25. Equitable Relief<\/h2>\n

        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.<\/p>\n

        26. Subpoena Fees<\/h2>\n

        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.<\/p>\n

        27. Disclaimers<\/h2>\n

        We and our Team aren\u2019t responsible for the behavior of any advertisers, linked websites, or other Members.<\/p>\n

        FINE PRINT<\/h1>\n

        28. Notice to U.S. Government End Users<\/h2>\n

        The Software and Website, including all documentation, are \u201cCommercial Items,\u201d as that term is defined at 48 C.F.R. \u00a72.101, and consist of \u201cCommercial Computer Software\u201d and \u201cCommercial Computer Software Documentation.\u201d The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:<\/p>\n

          \n
        1. only as Commercial Items,<\/li>\n
        2. with the same rights as all other end users, and<\/li>\n
        3. according to the Terms<\/li>\n<\/ol>\n

          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.<\/p>\n

          29. Assignments<\/h2>\n

          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.<\/p>\n

          30. Choice of Law<\/h2>\n

          The State of Maryland\u2019s 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.<\/p>\n

          31. Force Majeure<\/h2>\n

          We won\u2019t 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.<\/p>\n

          32. Survivability<\/h2>\n

          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.<\/p>\n

          33. Severability<\/h2>\n

          If it turns out that a section of this Agreement isn\u2019t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.<\/p>\n

          34. Interpretation<\/h2>\n

          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\u2019t affect the way this Agreement is interpreted.<\/p>\n

          35. Amendments and Waiver<\/h2>\n

          Amendments or changes to these Terms won\u2019t be effective until we post revised Terms on the Website. If we don\u2019t immediately take action on a violation of these Terms, we\u2019re not giving up any rights under the Terms, and we may still take action at some point.<\/p>\n

          36. No Changes in Terms at Request of Member<\/h2>\n

          We can\u2019t change these Terms for any one Member or group.<\/p>\n

          37. Further Actions<\/h2>\n

          You\u2019ll provide all documents and take any actions necessary to meet your obligations under these Terms.<\/p>\n

          38. Notification of Security Breach<\/h2>\n

          In the event of a security breach that may affect you or anyone on your Email distribution lists (each a \u201cList\u201d), we\u2019ll 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\u2019ll promptly do so.<\/p>\n

          39. Notices<\/h2>\n

          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.<\/p>\n

          40. Entire Agreement<\/h2>\n

          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.<\/p>\n

          Where there\u2019s a conflict between these Terms and the Additional Terms, the Additional Terms will control.<\/p>\n

          \n

          <\/a> <\/p>\n

          Acceptable Use Policy<\/h1>\n

          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.<\/p>\n

          Prohibited Content<\/h1>\n

          Please don\u2019t use Serious Email to send anything offensive, to promote anything illegal, or to harass anyone. You may not send:<\/p>\n