brilliantMail Terms of Use Policy
brilliantMail provides families, businesses and organizations a web-based service
whereby they can create, send and manage e-newsletters, for fun, profit or distribution
of information to known recipients.
The following are the terms and conditions for use of the brilliantMail service.
By agreeing to these terms, you are acknowledging that you accept these terms and
conditions and agree to abide by them in full.
1. Acknowledgements.
Prior to using the brilliantMail service, you hereby acknowledge that:
- brilliantMail will not be used for the sending of unsolicited email (spam). You
will not access or otherwise use third-party mailing lists in connection with preparing
or distributing unsolicited email.
- brilliantMail will not be used for sending illegal or copyrighted materials (further
details in the Prohibited Content Policy).
- brilliantMail will not use your subscriber list or any other customer information
for any purpose other than your use of our service.
- You agree to only import subscriber
email address from permission-based lists. Purchased lists may not be used in any
way with the brilliantMail service.
- Every email message sent in connection
with the service will automatically contain an "unsubscribe" link that
allows subscribers to remove themselves from your mailing list.
- brilliantMail policies and pricing are subject to change without notice.
2. Services and Support
2.1 The use of brilliantMail services provided subject to this Agreement. It may
be amended by brilliantMail at any time, without notice. The most updated version
of all policy documents will be available on the brilliantMail website.
2.2 The brilliantMail services are available only to persons who can form legally
binding contracts under applicable law. Without limiting the foregoing, the brilliantMail
services are not available to individuals under the age of 18. If you do not qualify,
you are not permitted to use our services.
2.3 You must successfully complete the registration process in order to use the
brilliantMail service. You will provide true, accurate, current, and complete information
about yourself as requested in the registration process. You are responsible for
maintaining the accuracy and security of your account.
3. Payment for Services
3.1 Payment for brilliantMail services may be made by credit card or check. Monthly
subscriptions require automated credit card billing. Should funds become unavailable,
your account will be suspended until payment is made in full. Quarterly or Annual
subscriptions may be paid by check. Services will not be made available until payment
is received in full. Accounts which are suspended due to non-payment or violation
of any brilliantMail policy are subject to termination within 90 days, including
the deletion of all archived newsletters, graphics, subscriber lists, etc., at the
sole discretion of brilliantMail.
3.2 Payment is accepted in US dollars only. By using your credit card you hereby
authorize brilliantMail to charge that credit card for the balance of your account
on the first day of every month. If brilliantMail is for any reason unable to effect
automatic payment via your credit card, we will attempt to notify you via email
and your brilliantMail account will be suspended until payment is received in full.
Payment for services is non-refundable. Payment maid by check must be cleared before
services will be made available, a processing taking as many as 14 business days
to complete.
3.3 You acknowledge and agree that you are responsible for paying for emails sent
through the brilliantMail service regardless of whether delivery of such messages
to their intended recipients is prevented or blocked by any third party ISP, firewall,
etc.
4. General Usage Guidelines
4.1 Every email message sent by the brilliantMail service will contain an "unsubscribe"
link that allows subscribers to remove themselves from your mailing list.
4.2 You agree to import, access or otherwise use only permission-based lists in
conjunction with the brilliantMail service. Purchased lists may not be used under
any circumstance.
4.3 You cannot mail to distribution lists, newsgroups, or spam email addresses.
You cannot copy a brilliantMail template or any other features or functionality
from brilliantMail and use them for any purpose other than sending emails from our
service.
4.4 brilliantMail reserves the right, in its sole discretion, to determine whether
or not you are in violation of any brilliantMail policy, and its determination shall
be final, binding and conclusive for all purposes under this Agreement.
4.5 You are responsible for complying at all times with the brilliantMail Anti-Spam
Policy, Can-Spam Compliance Policy, Prohibited Content Policy and Privacy Policy.
4.6 If brilliantMail believes, in its sole discretion, that you have violated any
of the email and permission practices listed above we reserve the right to immediately
suspend and/or terminate your account without refund, in all cases.
5. Restrictions and Responsibilities
5.1 brilliantMail will not use your customer list or any other customer information
for any other purposes than those intended with the service. Your customer information
will not be shared with any other parties unless required by law.
5.2 This is an Agreement for Services, 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
Services or any software, documentation, or data related to the Services ("Software");
remove any proprietary notices or labels from the Services or any Software, modify,
translate, or create derivative works based on the Services or any Software; or
copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the
Services or any Software.
Unless you are an authorized brilliantMail Reseller, you may not display, copy,
reproduce, or distribute the Software, any component thereof, any documentation
provided in connection with the Services or the Software, or any content, including
but not limited to newsletters, distributed to you by brilliantMail in connection
with the Services. Violation of these restrictions may result in the termination
of this Agreement.
5.3 The brilliantMail services shall be used for your family or internal business
(which includes civic or charitable) purposes only, and you shall not use the services
or any Software for timesharing or service-bureau purposes or otherwise for the
benefit of a third party. If you are using the Services in any country in the European
Community, the prohibition against modifying, translating, reverse engineering,
decompiling, disassembling or creating derivative works based on the Services or
the Software does not affect your rights under any legislation implementing the
E.C. Council Directive on the Legal Protection of Computer Programs.
5.4 You acknowledge and agree that the Services and the brilliantMail company names
and logos and all related product and service names, design marks and slogans, are
the property of brilliantMail 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 brilliantMail. Your use of the Services confers no title or ownership in the Services,
the Software or the Marks and is not a sale of any rights in the Services, the Software
or the Marks.
5.5 You represent, covenant, and warrant that you will use the Services only in
compliance with the Agreement, the federal
CAN-SPAM Act of 2003 and all other applicable laws (including but not limited
to policies and laws related to spamming, privacy, obscenity, or defamation and
child protective email address registry laws). You agree you will not access or
otherwise use third-party mailing lists in connection with preparing or distributing
unsolicited email to any third party. You hereby agree to indemnify and hold harmless
brilliantMail and its business partners, third-party suppliers and providers, licensors,
officers, directors, employees, distributors and agents 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 an alleged
violation of the foregoing or otherwise arising from or relating to your use of
the Services. In addition, you acknowledge and agree that brilliantMail has the
right to seek damages when you use the Services for unlawful purposes, in an unlawful
manner, and/or in a manner inconsistent with the terms of this Agreement, and that
such damages may include, without limitation, direct, indirect, special, incidental,
cover, reliance and/or consequential damages. Although brilliantMail has no obligation
to monitor the content provided by you or your use of the Services, brilliantMail
may do so and may remove any such content or prohibit any use of the Services it
believes may be (or is alleged to be) in violation of the foregoing.
5.6 The Services 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. Furthermore, the Services
must not be used for purposes outlined in brilliantMail's Prohibited Content Policy,
the terms of which are incorporated into this Agreement by reference.
5.7 For every email message sent in connection with the brilliantMail service, you
acknowledge and agree that the Services may automatically add an identifying footer
stating "Powered by brilliantMail " or a similar message with the brilliantMail
icon. You agree to cooperate with and provide reasonable assistance to brilliantMail
in promoting and advertising the service.
5.8 In using the varied features of the Services, you may provide information (such
as name, contact information, or other registration information) to brilliantMail.
We may use this information and any technical information about your use of the
services to tailor its presentations to you, facilitate your movement through the
Service, or communicate separately with you. If you licensed the Services as a result
of solicitation by a Marketing Partner of brilliantMail, we may share your information
with the Marketing Partner and the Marketing Partner may share information with
brilliantMail. We will not provide information to companies you have not authorized
for that purpose unless required by law or if you are terminated from brilliantMail
due to unsolicited commercial email being sent from your brilliantMail account.
6. Termination
6.1 You may terminate this Agreement at any time by contacting the brilliantMail
Customer Support. There are no refunds for any fees paid.
6.2 brilliantMail may terminate this Agreement or services, suspend or terminate
your account, in each case at any time with or without cause, and with or without
notice. brilliantMail shall have no liability to you or any third party because
of such termination or action.
6.3 brilliantMail will delete any of your archived data, graphics, and subscription
lists within no more than 90 days after the date of termination. 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.
6.4 If your account is classified (at brilliantMail’s sole discretion) as inactive
for over 120 days, brilliantMail has the right to permanently remove your subscriber
data. class=GramE>brilliantMail will attempt to contact you via email prior to taking
any permanent removal actions.
7. Warranty Disclaimer; Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION
TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. class=GramE>brilliantMail
DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES
IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.
THE SERVICES ARE PROVIDED "AS IS" AND brilliantMail DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the services
shall be for brilliantMail to use commercially reasonable efforts to adjust or repair
the services.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL brilliantMail OR ANY OF ITS UNDERLYING
SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS,
LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY
REFERRED TO FOR PURPOSES OF THIS SECTION AS " brilliantMail ") BE LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF brilliantMail SHALL
HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, brilliantMail 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 brilliantMail TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR
THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
9. Export of Services or Technical Data
You may not remove or export from the United States or allow the export or re-export
of the Services, or any direct product thereof, including technical data, in violation
of any restrictions, laws, or regulations of the United States or any other applicable
country.
10. Miscellaneous
10.1 If any provision of the 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.
10.2 brilliantMail and you agree that the 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 the 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.
10.3 No agency, partnership, joint venture, or employment is created as a result
of the Agreement, and you do not have any authority of any kind to bind brilliantMail
in any respect whatsoever.
10.4 In any action or proceeding to enforce rights under the Agreement, the prevailing
party will be entitled to recover its costs and attorneys' fees.
10.5 The Agreement shall be governed by the laws of the Commonwealth of Georgia,
USA without regard to its choice or law or conflict of laws provisions. All legal
actions in connection with the Agreement shall be brought in the state or federal
courts located in Atlanta, Georgia.
10.6 brilliantMail is a trade name of Logic Technical Services, Inc.
brilliantMail Prohibited Content Policy
brilliantMail prohibits the use of our service by any company or entity that engages
in any of the following:
1. Provides, sells or offers to sell the following products or content (or services
related to the same): pornography or illicitly pornographic sexual products; escort
services; illegal goods; illegal drugs; illegal drug contraband; pirated computer
programs; instructions on how to assemble or otherwise make bombs, grenades or other
weapons
2. Displays material that exploits children, or otherwise exploits children under
18 years of age
3. Provides, sells or offers products, services or content frequently associated
with unsolicited commercial email, a.k.a. spam, such as online pharmacies, work
at home businesses, credit or finance management, mortgage and debt relief offers,
DJ/nightclub, event/club promotions/party lists, odds making, and betting/gambling
services
4. 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
5. Posts or discloses any personally identifying information or private information
about children without their consent (or their parents consent in case of a minor)
6. Sells or promotes any products or services that are unlawful in the location
at which the content is posted or received
7. Introduces viruses, worms, harmful code and/or Trojan horses on the Internet
8. Promotes, solicits or participates in pyramid schemes or multi-level marketing
(MLM) businesses
9. Engages in any libelous, defamatory, scandalous, threatening, harassing activity
10. 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
11. Provides content, including images, of authors, artists, photographers or others
without the express written consent of the content owner
12. Includes links to copyrighted audio material in any form.
In addition, brilliantMail reserves the right to prohibit the use of our service
by any company or entity in its sole discretion.
As always, sending unsolicited commercial email is FORBIDDEN.
This policy is subject to change without notice.