All list owners must agree to and abide by these Terms and Conditions:
Email List Service License Agreement
IMPORTANT--READ THESE TERMS CAREFULLY BEFORE USING THIS SOFTWARE ("DISCUSSTHIS OR MAILERMAILER"). BY SELECTING THE CHECKBOX LABELED "I HAVE READ AND AGREE TO THE EMAIL LIST SERVICE LICENSE AGREEMENT" AND BY USING DISCUSSTHIS OR MAILERMAILER, YOU ACKNOWLEGE THAT YOU HAVE READ THIS EMAIL LIST SERVICE LICENSE AGREEMENT ("AGREEMENT"), THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT SETTING UP AN ACCOUNT.
1. INTRODUCTION
1.1 Introduction.
The technology for this email list management service ("DISCUSSTHIS or MAILERMAILER") is provided by DISCUSSTHIS and MAILERMAILER's parent company, MailerMailer LLC and is furnished "as is" under this Agreement for the fees specified in the current rate schedule. You must read this Agreement and agree to its terms before you may create an account for and use DISCUSSTHIS or MAILERMAILER.
1.2 Modification of This License Agreement
MailerMailer LLC reserves the right to change this License Agreement, and any Additional Terms at anytime, effective upon making the modified provisions available on the DISCUSSTHIS (www. discussthis.com) and MAILERMAILER (www.mailermailer.com mailermailer) web sites. You are responsible for regularly reviewing these terms and conditions. Continued use of DISCUSSTHIS or MAILERMAILER after any such changes shall constitute your consent to such changes, including changes in fees. MailerMailer LLC does not and will not assume any obligation to notify you of any changes to the Terms of Use and Notices, or Additional Terms.
2. LICENSE
2.1 License.
MailerMailer LLC grants you a non-exclusive, nontransferable license to create an account for and use DISCUSSTHIS or MAILERMAILER for your organization in accordance with the terms of this Agreement. The information provided on this web site regarding Features and Pricing, Privacy Policy, and Anti-Spam Policy is incorporated herein by reference.
2.2 Ownership.
DISCUSSTHIS and MAILERMAILER and any associated Documentation are and shall remain the sole and exclusive property of MailerMailer LLC and is copyrighted and licensed, not sold.
2.3 Copyright.
DISCUSSTHIS and MAILERMAILER and the Documentation, which includes the Privacy Policy provided with DISCUSSTHIS and MAILERMAILER, contain material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by MailerMailer LLC. You may not remove any proprietary notice of MailerMailer LLC from any copy of the web site or the Documentation.
2.4 Restrictions.
You may not: 1) use or copy DISCUSSTHIS or MAILERMAILER, or the Documentation except as provided in this Agreement; 2) modify or merge DISCUSSTHIS or MAILERMAILER or the Documentation; 3) publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on DISCUSSTHIS or MAILERMAILER, the Documentation or any part thereof, or otherwise make available, the Documentation, in whole or in part, to any other person or entity; 4) remove, obliterate, or cancel from view any copyright, trademark, confidentiality or other proprietary notice, mark, or legend appearing on DISCUSSTHIS or MAILERMAILER or the Documentation; 6) reverse engineer, decompile, translate, adapt, or dissemble DISCUSSTHIS or MAILERMAILER, nor shall you attempt to create the source code from the object code for DISCUSSTHIS or MAILERMAILER; or 7) sublicense or assign the license for DISCUSSTHIS or MAILERMAILER or the Documentation.
You must include subscribe/unsubscribe information provided by DISCUSSTHIS and MAILERMAILER in each message you send using DISCUSSTHIS and MAILERMAILER. You must also honor in a timely manner all unsubscribe requests sent directly to you from those who elected not to use DISCUSSTHIS or MAILERMAILER's automated subscribe/unsubscribe features, regardless of how harsh or unpleasant the unsubscribe request may be.
You and your list members may not use DISCUSSTHIS or MAILERMAILER to:
a. Send unsolicited email messages (a.k.a., "spam") to anyone without their permission.
b. Send unsolicited email messages to email addresses obtained from any purchased or harvested email lists in which the recipient did not expressly request to receive your email messages.
c. Send email messages that harass, embarrass, defame, abuse, threaten, are libelous or slanderous, or otherwise violate the legal rights of any individual, group, or organization.
d. Send email messages that contain or link to pornographic or sexually explicit content, racially or ethnically objectionable content, content that directly or indirectly promotes the use of any illegal substances, content that violates laws or regulations designed to protect minors, or other content deemed to be offensive or inappropriate by DISCUSSTHIS and MAILERMAILER's parent company, MailerMailer LLC.
e. Send email that contains copyrighted material, including text, graphics (including trademarked material), software or other material protected by intellectual property law, for which you do not have authorization to reproduce, publish, or otherwise distribute.
f. Send email that contains a computer virus or other code or files that could damage, harm, or otherwise disrupt the operation of anyone else's computer or storage device, or violate the privacy or security of any individual, group, or organization.
g. Perform or promote illegal activities such as starting or forwarding chain letters, illegal contests or promotions, or any other activity that is illegal.
h. Impersonate, use the name of (without expressed permission), or misrepresent any individual, group, or organization.
i. Violate any applicable governmental laws or regulations or perform any activity that would cause MailerMailer LLC to violate any law, statute or regulation.
DISCUSSTHIS Customers: If a member of your email discussion list posts a message that violates this Email License Agreement, you or your list moderator(s) must take steps to prevent future violations, which may include sending a note to all list members reminding them of acceptable uses of the list, or if appropriate, banning a specific list member. Failure to address a list member violation may result in action by MailerMailer LLC, which may include account termination without refund and/or other actions as deemed appropriate. You agree to indemnify and hold MailerMailer LLC harmless from any damages and claims arising from any violation of this policy.
2.5 Confidentiality.
You acknowledge that DISCUSSTHIS and MAILERMAILER contain valuable trade secrets of MailerMailer LLC and you agree to maintain the confidentiality of DISCUSSTHIS and MAILERMAILER using at least the same degree of care you use with your own confidential information.
2.6 Enforcement.
You acknowledge that upon your breach of Sections 2.3 or 2.4, MailerMailer LLC shall be entitled to equitable relief to protect its interests, including preliminary and permanent injunctive relief and you further agree to waive any right or claim to which you may be entitled to immunity or exemption from liability. MailerMailer LLC may also seek damages as a result of such breach.
2.7 Terms.
This Agreement is effective from the date you create an account on DISCUSSTHIS or MAILERMAILER and shall continue for an indefinite period of time unless or until the account is closed either by you or by MailerMailer LLC. DISCUSSTHIS AND MAILERMAILER MAY CONTAIN DISABLING DEVICES THAT WILL PREVENT THEM FROM BEING USED UPON TERMINATION OF OR INVESTIGATION FOR COMPLIANCE TO THIS LICENSE. YOU WILL NOT TAMPER WITH THIS DISABLING DEVICE OR THE PROGRAM. YOU SHOULD TAKE PRECAUTIONS TO AVOID ANY LOSS OF DATA THAT MIGHT RESULT WHEN THE PROGRAM CAN NO LONGER BE USED. MailerMailer LLC may terminate this Agreement immediately if: i) you fail to comply with the terms of this Agreement, ii) your account is dormant for a period of 90 consecutive days, iii) the DISCUSSTHIS or MAILERMAILER service is discontinued, or iv) you have an overdue balance for any non-free services or products purchased on or through www.DiscussThis.com, www.MailerMailer .com, or any affiliates. If we do so, you must immediately stop using DISCUSSTHIS or MAILERMAILER and associated Documentation, including sample documents provided within DISCUSSTHIS or MAILERMAILER, and all copies you made of them.
You agree to reimburse DISCUSSTHIS or MAILERMAILER for any fees incurred by DISCUSSTHIS or MAILERMAILER in collecting your payment, such as, but not limited to, bad check processing fees ($25), credit card chargeback fees ($20 plus transaction costs), and attorney fees. All fees are in U.S. dollars.
2.8. Risks.
DISCUSSTHIS and MAILERMAILER may have errors and may produce unexpected results. You agree that any use of DISCUSSTHIS and MAILERMAILER will be entirely at your own risk. You agree to backup data and take other appropriate measures to protect programs and data. You may not allow a third party to use your DISCUSSTHIS or MAILERMAILER account and you agree to indemnify and hold MailerMailer LLC harmless from any damages or claims arising from such use by any third party.
2.9. "No Spam" and Privacy Policies
You may use DISCUSSTHIS and MAILERMAILER only for "opt-in" lists, in which the recipient has voluntarily signed up to be on your list and has not requested to be unsubscribed. Any messages sent to users who did not request to be on your lists, whether purchased or otherwise obtained without the recipients consent, will be deemed as "Spam" and may result in termination of your account without refund and legal action, including the pursuit of damages, against you for violating this "No Spam" policy. You agree to indemnify and hold MailerMailer LLC harmless from any damages and claims arising from any violation of this policy. You also agree to abide by and display a Privacy Policy or link to a Privacy Policy on your list signup page. You must either 1) use the Privacy Policy provided by DISCUSSTHIS or MAILERMAILER or 2) use a Privacy Policy that contains the same provisions as the Privacy Policy that is provided by DISCUSSTHIS or MAILERMAILER. Any violation of this Privacy Policy may result in termination of your account without refund and legal action against you. You agree to indemnify and hold MailerMailer LLC harmless from any damages and claims arising from any violation of this policy.
2.10. Use of Templates, Samples, or Third-Party Content
Use of templates, samples, or third-party content provided within DISCUSSTHIS or MAILERMAILER now or in the future shall be subject to their own Use and Disclaimer notices which shall be displayed within those templates, samples, or third-party content.
3. DISCLAIMER OF WARRANTIES AND REMEDIES
3.1 Disclaimer of Warranty.
DISCUSSTHIS AND MAILERMAILER ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCUSSTHIS AND MAILERMAILER DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND,EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAILERMAILER LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN DISCUSSTHIS AND MAILERMAILER WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT DISCUSSTHIS AND MAILERMAILER WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN DISCUSSTHIS AND MAILERMAILER WILL BE CORRECTED,OR THAT DISCUSSTHIS AND MAILERMAILER ARE COMPATIBLE WITH ANY PARTICULAR PLATFORM.
If you receive a claim that the use of DISCUSSTHIS or MAILERMAILER infringes a patent, copyright or other intellectual property right, you must promptly notify MailerMailer LLC in writing. MailerMailer LLC, at its own expense and option, may (i) defend and settle such claim, (ii) procure you the right to use DISCUSSTHIS or MAILERMAILER, (iii) modify or replace DISCUSSTHIS or MAILERMAILER to avoid infringement; or (iv) refund the license fees you paid, if applicable. These are your sole and exclusive remedies for any and all claims you may have against MailerMailer LLC arising out of or in connection with DISCUSSTHIS or MAILERMAILER, whether made or suffered by you or another person and whether based in contract or tort.
3.2 Limitations of Liability.
IN NO EVENT WILL MAILERMAILER LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE DISCUSSTHIS OR MAILERMAILER, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF MAILERMAILER LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3.3 Indemnification
You, at your own expense, will indemnify, defend and hold harmless MailerMailer LLC, its Affiliates and their employees, representatives, agents and affiliates, against any claim, suit, action, or other proceeding brought against MailerMailer LLC or an Affiliate based on or arising from a claim that any content or material you or your organization distributed using DISCUSSTHIS or MAILERMAILER or any use of DISCUSSTHIS or MAILERMAILER by you or your organization that violates any of the Restrictions or Terms, such as violation of the Privacy Policy or using DISCUSSTHIS or MAILERMAILER to send spam, as set forth in this Agreement infringes in any manner any Intellectual Property Right of any third party or contains any material or information that is obscene, defamatory, libelous, slanderous, that violates any person's right of publicity, privacy or personality, or has otherwise resulted in any tort, injury, damage or harm to any person; provided, however, that in any such case: (i)MailerMailer LLC provides you with prompt notice of any such claim; (ii) MailerMailer LLC permits you to assume and control the defense of such action, with counsel chosen by you (who shall be reasonably acceptable to MailerMailer LLC); and (iii) you do not enter into any settlement or compromise of any such claim without MailerMailer LLC's prior written consent, which consent shall not be unreasonably withheld. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by MailerMailer LLC or an Affiliate in connection with or arising from any such claim, suit, action or proceeding. It is understood and agreed that MailerMailer LLC does not intend and will not be required to edit or review for accuracy or appropriateness any content or material that you, your organization, or your list members distribute using DISCUSSTHIS or MAILERMAILER.
4. GENERAL
4.1. Rights in Data.
You hereby assign to MailerMailer LLC all right, title, and interest (including ownership of copyright) in any suggestions or comments related to your use of DISCUSSTHIS or MAILERMAILER or the Documentation you provide to DISCUSSTHIS or MAILERMAILER. If MailerMailer LLC requires it, you will sign an appropriate document to assign such rights.
4.2 Records.
You will ensure that anyone in your organization or affiliated entities who uses DISCUSSTHIS or MAILERMAILER (accessed either locally or remotely) does so only for your authorized use and complies with the terms of this Agreement.
4.3 Technical Support.
DISCUSSTHIS and MAILERMAILER will not provide program services or technical support except as indicated on the Features list, which may change at any time.
5. MISCELLANEOUS
5.1 Miscellaneous.
This license and the rights granted under this Agreement may not be transferred or assigned by you or your company. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of Maryland, United States of America without regard to its principles of conflict of laws. The parties consent to the jurisdiction of the courts of the State of Maryland and the federal courts located within the State of Maryland, and any disputes shall be litigated solely in those courts. If any clause, sentence or other provision of this Agreement is held to be illegal, invalid or unenforceable, the remaining clause, sentence, or other provisions shall remain in full force and effect. Neither of the parties shall be liable for failures due to causes beyond their control, including, but not limited to, acts of God, acts of government, fire, flood, strikes, or acts or omissions of carriers. You warrant that you will comply with all applicable laws and regulations that relate to the performance of this Agreement.
THIS AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF AMERICA OF DISCUSSTHIS OR MAILERMAILER OR INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA. YOU SHALL NOT EXPORT DISCUSSTHIS OR MAILERMAILER, THE DOCUMENTATION, OR INFORMATION ABOUT DISCUSSTHIS OR MAILERMAILER, AND THE DOCUMENTATION WITHOUT CONSENT OF MAILERMAILER LLC AND COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS.
Any waiver by either party of any default or breach hereunder shall not constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or a different kind. This Agreement constitutes the entire Agreement, supersedes all prior agreements, and changes are only effective when in writing and signed by both parties.
5.2 Government Sales.
DISCUSSTHIS, MAILERMAILER, and the Documentation are provided with RESTRICTED RIGHTS. The use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs of (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights at 48 C.F.R. 52.227-19, as applicable. Contractor/manufacturer is MailerMailer LLC, 1395 Piccard Drive, Suite 360, Rockville, Maryland 20850. All rights not specifically granted in this statement are reserved by MailerMailer LLC.
Last Updated: 2006-11-01