2.1 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 or the Relidy software ("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. The Services shall be used for your internal business purposes only (civic or charitable) 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.
2.2 You acknowledge and agree that the Software and the Relidy company names and logos and all related product and service names, design marks and slogans, are the property of Relidy 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 Relidy. 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, except as explicitly granted herein. All ownership rights remain in Relidy, Contactology or its third party suppliers, as the case may be.
2.3 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). 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 Relidy and Contactology 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. Although Relidy has no obligation to monitor the content provided by you or your use of the Services, Relidy 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.
2.4 Every email message sent in connection with the Services must contain an "unsubscribe" link that allows visitors to remove themselves from your mailing list. You acknowledge and agree that you will not remove, disable or attempt to remove or disable such link. You agree to only import permission-based lists (note: purchased lists may not be used, please contact Relidy if you have questions). You cannot mail to distribution lists (without permission), newsgroups, or spam email addresses. You cannot copy any Software template and use the design for purposes other than sending emails using the Relidy Email Marketing Services. Relidy, at its own discretion, may immediately disable your access to the Services without refund if Relidy believes in its sole discretion that you have violated any of the restrictions listed above.
2.5 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 any jurisdiction or your local area is prohibited. This may include laws prohibiting the transmission or storage of material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws.
2.6 If enabling ClickTale or other 3rd party analytics tracking, you agree not to tag URLs within messages with personally indentifiable information.
2.7 For every email message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating "Powered by Relidy" or a similar message unless you are paying to have this footer removed. You agree to cooperate with and provide reasonable assistance to Relidy in promoting and advertising the Services.
2.8 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Relidy. Relidy 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 Services, or communicate separately with you. If you subscribed to the Services as a result of solicitation by a marketing partner of Relidy, Relidy may share your information with the marketing partner. Relidy will not provide your personal information to companies without your permission, and Relidy will not permit the companies that get such information to sell and redistribute it without your prior consent.
2.9 Relidy will not use your customer list or any other customer information for any purposes other than those intended with the Services. Your customer information will not be shared with any other parties. In addition, Relidy will not use your customer information for the purpose of sending unsolicited commercial e-mail. You are encouraged to maintain your own copy of your customer list and upon termination of this Agreement, Relidy will have the right to delete or destroy such customer list and will not be obligated to return or provide a copy of such list to you unless otherwise agreed by Relidy in writing. |