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Delivery vs. Deliverability: Getting a True Blueprint of Your Program

Delivery vs. Deliverability: Getting a True Blueprint of Your Program

by Laura Sullivan | Jul 15, 2022

Most marketers will definitely agree that data is important. We’d like to believe that it drives what we do in any modern digital program. Data is holy, right? But there’s one area in which many email marketers are under-informed on the performance of their program:...

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    PRIVACY POLICY | TERMS & CONDITIONS

    © 2021 InboxMonster. All rights reserved.

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    PRIVACY POLICY | TERMS & CONDITIONS

    © 2021 InboxMonster. All rights reserved.

    Privacy Policy

    This Privacy Policy governs the manner in which Project Bordeaux, Inc., (collectively “Inbox Monster”), and its affiliates and subsidiaries collect, use, maintain and disclose information collected from users (“Users”) of the inboxmonster.com website, app.inboxmonster.com platform, and its related social media accounts.

    What Information Is Covered By This Policy?

    At times, and to allow Inbox Monster to do its job, Inbox Monster may receive personally identifiable information for those purposes outlined in its agreements with Users. Those agreements between Inbox Monster and its Users, in addition to applicable provisions of this Privacy Policy, govern what Inbox Monster does with User Data.

    User Data

    The types of User Data (i.e., data collected from visitors to Inbox Monster’s website) we collect for Inbox Monster’s own business purposes, and how it is used or shared depends on the reason(s) why it was collected. The purpose, however, is always to facilitate communication with businesses and people who utilize, or may become a future User of, Inbox Monster’s website. To that end, Inbox Monster collects the following categories of User Data on this Site:

    Identifiable information, and anonymous information, through technologies such as “cookies” collected when you visit and interact with the Site.

    Identifiable personal information you voluntarily give us (such as your name, address, telephone number, email address, or other information requested) so that we can communicate with prospective Users, current Users, former Users, and visitors further about our services, offerings, as well as in the course of providing services to Inbox Monster Users, whether or not collected through the Site, or otherwise.

    User also grants Inbox Monster broad rights to use de-identified data, including de-identified User Data collected by us through your use of the Inbox Monster Platform and Services, which rights continue even after an Agreement ends. Except for our limited rights to use the User Data, we acquire no right, title or interest from you or your Users, including any intellectual property rights therein.

    Personally Identifiable Information (PII)

    We may collect PII from Users in a variety of ways, including, but not limited to, when Users visit our site, fill out a form, respond to a survey, and in connection with other activities, services, features or resources we make available on our Site or outside or the Site. By way of example, Users may be asked for, as appropriate, name, email address, mailing address, phone number. We will collect PII from Users only if they voluntarily submit such information to us through the Site or otherwise. Users can always refuse to supply PII, except that it may prevent them from engaging in certain Site related activities or obtaining services from Inbox Monster for which it is necessary to first obtain such information.

    Web Browser Cookies, Pixels, and Other Tracking

    Our Site may use “Cookies” to enhance User experience. A User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs. A User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

    We, our partners, our advertisers, and third-party advertising networks use various technologies to collect information, including but not limited to cookies, pixels, scripts, and device identifiers. Cookies are small text files that are sent by your computer when you access our services through a browser. We, our partners, our advertisers, and third-party advertising networks may use session cookies (which expire when you close your browser), persistent cookies (which only expire when you choose to clear them from your browser), pixels, scripts, and other identifiers to collect information from your browser or device that helps us do things such as understand how you use our services and other services; personalize your experience; measure, manage, and display advertising on the Services or on other services; understand your usage of the Services and other services in order to serve customized ads; and remember that you are logged into the Services. Our partners, advertisers, and third-party advertising networks may use these technologies to collect information about your online activity over time and across different websites or online services. By using your browser settings, you may block cookies or adjust settings for notifications when a cookie is set. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.

    Your browser can alert you when cookies are placed on your device, and how you can stop or disable them via your browser settings. Please note, however, that without cookies all of the features of our online services may not work properly. If you use a mobile device, you can manage how your device and browser share certain device data by changing the privacy and security settings on your mobile device. You can learn more about cookies and how to manage your preferences by visiting http://www.allaboutcookies.org.

    For further information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, you can also visit https://youradchoices.com/ and www.youronlinechoices.eu for EU visitors.

    Third-Party Analytics Services

    We use other companies as service providers to help us analyze our site, track metrics, and advertise to you. These service providers generally promised us under contract to keep data private but have their own privacy policies that you should be aware of.

    We may use third-party analytics service providers to help us with our online services, such as Google Analytics, Intuit, Salesforce, and Twitter. The analytics providers that administer these services use technologies such as cookies, web beacons, and web server logs to help us analyze how you use our online services. We may disclose your site-use information (including IP address) to these analytics providers, and other service providers who use the information to help us figure out how you and others use our online services.
    To learn more about how Google Analytics uses your data, please visit https://policies.google.com/technologies/partner-sites?hl=en-US.
    To learn more about how Intuit uses your data, please visit
    https://www.intuit.com/privacy/.
    To learn more about how Salesforce uses your data, please visit https://www.salesforce.com/company/privacy/.
    To learn more about how Twitter uses your data, please visit https://twitter.com/en/privacy.

    How We Use Collected Information

    Inbox Monster may collect and use Users personal information for the following purposes:
    To run and operate our Site we may need your information to display content on the Site correctly.
    To improve customer service, information you provide helps us respond to your customer service requests and support needs more efficiently.
    To personalize user experience, we may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
    To run a promotion, contest, survey or other Site feature.
    To send Users information they agreed to receive about topics we think will be of interest to them.
    To send periodic emails for account and/or marketing purposes.
    To respond to inquiries, questions, and/or other requests.

    We may identify you from your Personal Data and merge or co-mingle Personal Data and Non-Personal Data, for any lawful business purpose. Except as otherwise stated, we may use information we collect from you for the legitimate business purpose of providing our Services to you, including, but not limited to:

    to respond to your requests and provide user support;
    to evaluate and improve the content of our Services;
    to customize the Services to your preferences;
    to establish accounts to use the Services;
    to communicate information and promotional materials to you (where you have not expressed a preference otherwise);
    to check on your account status and maintain record of activities in connection with your use of the Site;
    to notify you of any changes to relevant agreements or policies;
    to enforce our agreements, terms, conditions, and policies;
    to work with our service providers who perform certain business functions or services on our behalf and who are bound by contractual obligations consistent with this Privacy Policy;
    to prevent or investigate fraud (or for risk management purposes), or to comply with a legal obligation, court order, or in order to exercise our legal claims or to defend against legal claims;
    to comply with a legal obligation, a court order, or in order to exercise our legal claims, or to defend against legal claims;
    to describe our Services to current and prospective business partners and to other third parties for other lawful purposes; and
    for other purposes identified to you and as requested by you.

    If you have agreed to our Terms of Use, or other terms of service, and you have created an account or initiated a purchase through our Services, we may also use your information:

    to establish your account to use the Services;
    to charge your credit card or bank account for Services;
    to validate your username, email, password, and/or other login credentials;
    to respond to your requests;
    to fulfill your purchase(s);
    to send you email and postal mail supplying you with the most recent service information or to send you information;
    to notify you of any changes to relevant agreements or policies; and
    to process your Non-Personal Data as outlined as described throughout this Privacy Policy.

    Sharing Your Personal Information

    We do not sell or rent Personal Data to marketers or unaffiliated third parties. We do have relationships with trusted third parties, but we will not share any Personal Data that we have collected from or regarding you except as described below:
    Corporate affiliates, including corporate parents, subsidiaries, other affiliated entities, and associated entities for the purposes described in this Policy which are required to treat the information in accordance with this Privacy Policy;
    Service providers that help us administer and provide the Services (for example, a web hosting company whose services we use to host our platform). These third-party service providers have access to your Personal Data only for the purpose of performing services on our behalf. We have entered into contractual relationships with these service providers and require them to comply with all applicable data privacy laws and regulations and to use the Data only for the purposes for which it was disclosed. We require that any third-party service provider limit their use of your Data solely to providing services to us and that they maintain the confidentiality, security, and integrity of your Data and not make unauthorized use or disclosure of the Data;
    Authorized third parties, who are parties directly authorized by you to receive the applicable Data. The use of your Data by an authorized third party is subject to that third party’s privacy policy; Third parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), in which case we will require the recipient to use such information in accordance with this Privacy Policy; As we believe necessary: (i) under applicable law; (ii) to enforce applicable terms and conditions; (iii) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; (iv) to detect, prevent, or otherwise address fraud, security or technical issues; (v) to respond to claims that contact information (e.g. name, email address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment and (vi) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence; Pursuant to your explicit approval prior to the disclosure.

    Your Choices, Access, and Rights to Personal Data

    You may change, edit, update, or delete the information that you provided when you set up your account through our Service(s) through your account settings. You may also request the deletion of this information by sending an email to privacy@inboxmonster.com.

    As a Data Subject, you have the right to request access to your Personal Data as it exists in our records by emailing us at privacy@inboxmonster.com. You also have the right to rectify, correct, or amend your Personal Data if it is inaccurate or incomplete. You may also have the ‘right to erasure’ of your Personal Data; however, this is not always possible due to legal requirements and exceptions may apply. A Data Subject may have the right to object to the processing of his or her Personal Data, for example, due to his or her particular situation, for direct marketing uses, or for scientific or historical research. In certain circumstances, Data Subjects may have the right to obtain a restriction on our processing of their Personal Data, in which case such Personal Data will, with the exception of storage, only be processed with the Data Subject’s consent or in circumstances such as our exercise or defense of legal claims or the protection of another person. Data Subjects may also have the right to request that we provide data portability for their Personal Data via a copy of the data in a commonly-used format and/or transfer their Personal Data directly to another data controller (where technically feasible). Exceptions to these rights may apply, for example, if the processing is necessary for a task carried out in the public interest. Finally, if a Data Subject has given his or her consent to our processing of his or her Personal Data for certain purposes, he or she has the right to withdraw consent to such use at any time by contacting us via the contact information below.

    Data Retention

    We retain the Personal Information we collect where we have an ongoing legitimate business need to do so (for example to comply with applicable legal, tax or accounting requirements). This means that we retain different categories of data for different periods of time depending on the category of user to whom the data relates, the type of data, and the purposes for which we collected the data. When we have no ongoing legitimate business need to process your Personal Information, we will either delete or aggregate it. At any time, users may request deletion of their account data immediately by sending an email to privacy@inboxmonster.com. When we delete your account, it cannot be recovered.

    Data Processor

    We may collect, use, and disclose certain Personal Data about you when acting as service provider to an organization that uses or provides our Site or Services. These organizations are responsible for ensuring that your privacy rights are respected, and should include information to help you understand how third parties collect and use your Personal Data. To the extent that we are acting as a data processor, we will process your Personal Data according to the terms of our agreement with the respective organization and its lawful instructions.

    We currently use third party subprocessors to provide infrastructure services (Amazon Web Services), to help us provide customer support (Intercom), and for email communication purposes (Google Workspace). Prior to engaging any third party subprocessor, we perform due diligence to evaluate their privacy, security and confidentiality practices.

    Third Parties:

    Amazon Web Services Security and Privacy Information
    Intercom Security and Privacy Information
    Google Security and Privacy Information

    Children’s Privacy

    We do not sell products or services for purchase by anyone under the age of thirteen (13). In accordance with the Children’s Online Privacy Protection Act (“COPPA”), we will never knowingly request or solicit Personal Data from anyone under the age of thirteen (13) without verifiable parental consent. In the event that we receive actual knowledge that we have collected such Personal Data without the requisite and verifiable parental consent, we will delete that information from our database as quickly as is practical. We reserve the right to request proof of age at any stage so that we can verify that minors are not using the Service(s).

    General Data Protection Regulation (GDPR)

    The General Data Protection Regulation (GDPR) is a European Union (EU) regulation governing the privacy and security of personal data. The regulation gives users more control over how their data is used and imposes heavy fines for companies who fail to comply or suffer data breaches. This regulation took effect May 25, 2018.
    As data processors, we are committed to addressing privacy throughout the development of new products, processes or services, particularly those that involve using and processing personal data.

    Your California Privacy Rights

    California Civil Code Section 1798.100-199, the California Consumer Privacy Act (“CCPA”) permits certain additional responsibilities towards California Residents. In addition, California residents may request the list of the Personal Data and related information collected by us as denoted in California Civil Code Sections 1798.110(a) and 1798.115. A California resident may also request that we delete any Personal Data about the California resident, so long as the Personal Data is not necessary to our business or service provider functions, as denoted in California Civil Code Section 1798.105(d). California residents will not receive discriminatory treatment by us for the exercise of their privacy rights conferred by the CCPA. Any California resident Personal Data requests may be emailed to privacy@inboxmonster.com.

    California Civil Code Section 1798.83 permits California residents to request and obtain a list of what Personal Data (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, California residents are entitled to request and obtain such information, by emailing a request to privacy@inboxmonster.com.

    Changes To This Privacy Policy

    Inbox Monster has the discretion to update this privacy policy at any time. When we do, we will post a notification on the main page of our Site. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

    Contacting Us

    Any question, concern or complaint concerning compliance with our Privacy Policy or email opt-out, including requests regarding personal information processed by Inbox Monster, should be addressed to our Privacy Officer:
    Chief Privacy Officer
    Email: privacy@inboxmonster.com
    Address: 9935-D Rea Road, #234, Charlotte, NC 28277

    This document was last updated on April 7, 2022.

    Terms and Conditions 

    These Terms and Conditions (“Agreement”) govern Your use of Our Services. By accepting this Agreement, by indicating your acceptance online, You acknowledge You have read, understood, and agreed to be bound by this Agreement and the terms of Our Privacy Policy (located on the Site) which is incorporated herein by reference. If You are entering into this Agreement on behalf of a company, business or other legal entity, You represent that You have the authority to bind such entity and its affiliates to this Agreement. 

    This Agreement is effective as of the date of your acceptance (the “Effective Date”). This Agreement applies whether you are a casual visitor to the Site, or if you utilize the Service (a “Consumer”).

    You may not access the Services: (a) if you do not agree to the terms of this Agreement; (b) if you are our direct competitor; (c) if you are not currently in a free trial period; or (d) if you have not agreed to pay via the terms of agreement or contract.

    We may make changes to this Agreement from time to time in Our sole discretion. When these changes are made, we will make a new copy of the Agreement available to you through the Site. Your use of the Services after the date on which the updated Agreement is made available to you through the Site constitutes your acceptance of the updated Agreement. If you disagree with changes to the Services or updates to the Agreement, your exclusive remedy is: (i) if you are a casual visitor, to stop visiting the Site; or (ii) if you are a Consumer, to cancel your Account.  Inbox Monster reserves the right to terminate, block, or restrict your access to or use of the Site or Services for any breach or violation of this Agreement. 

    OUR SITE IS NOT DESIGNED FOR USE BY CHILDREN AGES 13 AND UNDER. IF YOU ARE 13 YEARS OF AGE OR YOUNGER, YOU MAY NOT USE THE SERVICES.  When you use the Services, you represent that you are (i) at least the age of majority in the jurisdiction where you reside or (ii) if you have not reached the age of majority in the jurisdiction where you reside, that you have received permission to use the Services from your parent or legal guardian.

    You represent that any information you submit to Us when using the Services or Site is accurate, truthful, and current. You also represent that your use of the Services or Site does not violate any applicable law or regulation.

     

    1.0 Definitions

    1.1. “Account” means the particular instance of the Site authorized for use by you and your Users (as applicable) under your specific login.
    1.2. “Documentation” means the specifications and materials located at the Site about the Services.
    1.3. “Services” means all services you order from us and made available by us via the Site, the Inbox Monster platform and/or other locations provided by us.
    1.4. “Services Agreement” means the subscription services agreement entered into between a Provider and Inbox Monster relating to the Provider’s offer of services to Consumers via the Inbox Monster platform.
    1.5. “Site” means https://www.inboxmonster.com.
    1.6. “Subscription Period” means the subscription time described in the Services Agreement.
    1.7. “We,” “Us” or “Our” means Inbox Monster.
    1.8. “You” or “Your” means yourself individually or the company or other legal entity for which you are accepting this Agreement. As used in this Agreement, “you” or “your” may encompass casual browsers, Providers and Consumers, as applicable.
    1.9. “User” means an authorized user of the Services.
    1.10. “User Data” means all electronic data or information submitted by you and your Users (as applicable).

     

    2.0 Services

    2.1. Subscription Services for Providers. Upon a Provider’s payment for Services and execution of a Services Agreement with Inbox Monster, we will make the Services available to the Provider through its Account and/or in the manner described in the Services Agreement during the Subscription Period.
    2.2 Payment. Inbox Monster Subscription Plans are billed in advance and are non-refundable. There will be no refunds or credits for partial service or refunds made should you not use the Inbox Monster Subscription Plan during a period of time when your account is open. No exceptions will be made. Should you upgrade or downgrade your Subscription Plan, your credit card will be charged your new billing rate immediately. Your credit card will then be charged your new billing rate every billing period thereafter unless you cancel your account. Inbox Monster reserves the right to issue credit for a User and bill the User monthly for payment related to a Subscription Plan.
    We utilize NetSuite for credit card payments and do not save any credit card details. For more information on how NetSuite processes credit card payments, via PCI DSS, please visit – https://www.netsuite.com/portal/platform/infrastructure/operational-security.shtml.
    2.3. Service Commitment. We will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for: (a) planned downtime; or (b) any unavailability caused by circumstances beyond our reasonable control, including, without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems, infrastructure or Internet connectivity provider failures or delays, and denial of service or other malicious attacks. We will provide the Services in accordance with applicable laws and government regulations.
    2.4. Updates. We will update the Site, and Services from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functionality or updates. You agree to receive such updates from us as part of your use of the Services.
    2.5. Your Duties. You are responsible for all activities that occur under your Account, including, without limitation, User’s compliance with this Agreement. You are responsible for the accuracy, quality and legality of User Data, and for ensuring that the Services are used only in accordance with the Services Agreement, Documentation, and applicable laws and government regulations. You agree to provide true, accurate, current and complete information about yourself and your Users as requested by Inbox Monster. You also agree to update the information about yourself and your Users promptly, and as necessary, to keep it current and accurate. You agree to use commercially reasonable efforts to prevent unauthorized access to or use of the Services and to notify us promptly of any such unauthorized access or use.

     

    3.0 Restrictions

    3.1. Usage Limitations. The Services may be subject to other limitations, as specified in the Services Agreement and/or Documentation. As a condition of use, you promise not to use the Service for any purpose that is prohibited by this Agreement. Your service usage is outlined in the Services Agreement with Inbox Monster.
    3.2. Prohibited Activities. You shall not: (a) make the Services available to anyone other than Users; (b) sell, resell, rent or lease the Services; (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (d) use the Services for any malicious purpose; (e) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein; or (f) attempt to gain unauthorized access to the Services or their related systems or networks.  

    By way of example, and not as a limitation, you shall not (and shall not permit any third-party to): (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including, without limitation, any User Data that:


    3.3.1 infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
    3.3.2 modifies, adapts, appropriates, reproduces, distributes, translates, creates derivative works or adaptations of, publicly displays, republishes, repurposes, sells, trades, or in any way exploits the Service, except as expressly authorized by us;
    3.3.3 deciphers, decompiles, disassembles, reverse engineers or otherwise attempts to derive any source code or underlying ideas or algorithms of any part of the Service (including, without limitation, any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
    3.3.4 you know is false, misleading, untruthful or inaccurate;
    3.3.5 is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by us in our sole discretion;
    3.3.6 imposes or may impose (as we determine in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure;
    3.3.7 interferes with or may interfere with the proper working of the Service or any activities conducted on the Service;
    3.3.8 bypasses any measures we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
    3.3.9 contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information belonging to us or any third-party;
    3.3.10 employs manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
    3.3.11 harvests or scrapes any data or content from the Service;
    3.3.12 impersonates any person or entity, including our employees or representatives;
    3.3.13 includes anyone’s identification documents or sensitive financial information;
    3.3.14 breaches our privacy policy and/or any of the other policies and rules incorporated herein; or
    3.3.15 otherwise violates our guidelines and policies.


    3.4. Image Restrictions. If the User Data includes an image, our image guidelines shall apply. We have a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any User who publishes or distributes child pornography.

     

    4.0 Third-Party Services and User Data You Send to Public Forums

    4.1. Integration with Third-Party Services. The Services may contain features designed to interoperate with third-party applications. To use such features, you must have an account with such applications. If the provider of any such third-party application ceases to allow us to integrate on reasonable terms, we may cease providing such Service features without entitling you to any refund, credit, or other compensation.
    4.2. Links to Third-Party Sites. The Site may contain links to websites we do not operate, control, or maintain (“Third Party Websites”). We do not endorse any THIRD-PARTY Websites, and we make no representation or warranty in any respect regarding the THIRD-PARTY Websites. Any links to Third Party Websites on the Site are provided solely for your convenience. If you do access any Third-Party Websites, you do so at your own risk and waive any and all claims against us regarding the Third-Party Websites or our links thereto.

     

    5.0 Ownership of Site, and Services

    5.1. Rights in Services. We reserve all rights, title and interest in and to the Site, and the Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
    5.2. Suggestions. We shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Site, and the Services any suggestions, enhancement requests, recommendations or other feedback provided by you, including Users.

    5.3  Copyright Infringement.  We respect the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that website material infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/ her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give Inbox Monster legally sufficient notice of infringement. We suggest that you consult your legal advisor before filing a DMCA notice with Company’s copyright agent. There can be penalties for false claims under the DMCA.

     

    6.0 Confidentiality

    6.1. Definition. The term “Confidential Information” means the provisions of a Services Agreement, and any and all information, written or oral, provided or made available by or on behalf of one party or its affiliates, contractors, or vendors to the other party or its affiliates, contractors, or vendors in connection with this Agreement or the parties’ relationship hereunder, whether or not designated as confidential. Information of a third-party to whom a party owes a duty of confidentiality will be treated as Confidential Information of that party if it meets the description above. However, Confidential Information does not include information that: was or is publicly available other than as a result of breach of this Agreement by Recipient (as defined below); was or is lawfully received by the Recipient free of any obligation of confidentiality; or, is independently developed by or on behalf of the Recipient without use of the Discloser’s Confidential Information.
    6.2. Obligations. Each party (“Recipient”) will not access or use Confidential Information of the other party (“Discloser”) for any purposes other than performance of its obligations or receipt of benefits hereunder and shall maintain such information in the strictest confidence, except for disclosures expressly authorized hereunder. Recipient may disclose the Discloser’s Confidential Information to Recipient’s employees, attorneys, advisors, and contractors who have a legitimate “need to know,” provided that Recipient ensures that all such entities and persons are obligated to and do comply with confidentiality obligations consistent with (and no less restrictive than) this Section (Confidentiality), but in no event may you disclose any of our Confidential Information to any of our competitors (or any of their affiliates) or any employees or contractors of any such competitors. Recipient may additionally disclose the Discloser’s Confidential Information to the extent such disclosure is necessary in connection with the enforcement of this Agreement.
    6.3. Compelled Disclosure. The Recipient may disclose Confidential Information of the Discloser if it is compelled by law to do so, provided the Recipient gives the Discloser prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Discloser’s cost, if the Discloser wishes to contest the disclosure. If the Recipient is compelled by law to disclose the Discloser’s Confidential Information as part of a civil proceeding to which the Discloser is a party, and the Discloser is not contesting the disclosure, the Discloser will reimburse the Recipient for its reasonable costs of compiling and providing secure access to such Confidential Information.
    6.4. Privacy and User Information. For information about our data protection practices, please read our privacy policy. This policy explains how we treat User Data and protect your privacy when you use the Services. You agree to the use of User Data in accordance with our privacy policy.
    6.5. User Data. As described more fully in our privacy policy, you grant us broad rights to use de-identified data, including de-identified User Data collected by us through your use of the Services, which rights continue even after this Agreement ends. Except for our limited rights to use the User Data set forth throughout this Section and in our Privacy Policy accessible on the Site, we acquire no right, title or interest from you or your Users under this Agreement in or to User Data, including any intellectual property rights therein.

     

    7.0 Warranties

    7.1. Our Warranties. We warrant that: (a) we have validly entered into this Agreement and have the legal power to do so; (b) the Services shall perform materially in accordance with the Documentation; and (c) we will not intentionally transmit any malicious software to you, provided it is not a breach of this subpart (c) if you or a User uploads a file containing malicious software into the Services and later downloads that file again. For any breach of a warranty above, your exclusive remedy shall be as provided below.
    7.2. Your Warranties. You warrant that you have validly entered into this Agreement and have the legal power to do so, and that you will abide by the restrictions on use of the Services contained herein. If you are acting on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to this Agreement. You represent and warrant that any User Data is truthful, accurate, not misleading, offered in good faith, and that you and your Users have all rights, licenses, permissions and authorizations necessary to upload and transmit such User Data to us.
    7.3. Disclaimer. Notwithstanding anything to the contrary, to the maximum extent permitted by applicable law all services, information and materials are provided “as is”, and we expressly disclaim any and all other warranties, express or implied, including, without limitation: (a) any and all implied warranties of merchantability, non-infringement, and fitness for a particular purpose (whether or not we know, have reason to know, or have been advised of any such purpose); (b) any warranty regarding results obtainable or to be obtained by users as a result of provision or use of the services and materials provided hereunder; and (c) any warranty of uninterrupted, timely, or error-free operation of any services. No advice or information, whether written, oral or multimedia, obtained by you from the services shall create any additional warranty not expressly stated in this agreement.
    7.4. Risk of inaccuracy of information. You acknowledge that many features provided by the Site are intended to aggregate and manage third-party data and information from numerous sources. We are not responsible for the accuracy, integrity, quality, legality, usefulness, or safety of such information. We do not warrant that the Site or the Services will operate error-free or that the Site is free of computer viruses and/or other harmful materials. If your use of the Site or the Services results in the need for servicing or replacing equipment or data, we are not responsible for any such costs. You waive any claims you may otherwise have, and you agree that we will not be liable for any damages or inconveniences you may suffer as a result of inaccurate or incomplete data or information provided to you or your users by the Service.  Some jurisdictions do not allow the exclusion or limitation of certain categories of damages or implied warranties; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

    8.0 Indemnification

    8.1. Indemnification by Inbox Monster.  We shall defend you against any claim, demand, suit, or proceeding made or brought against you by a third-party alleging that the use of the Services as permitted hereunder infringes or misappropriates the intellectual property rights of a third-party claim, and we shall indemnify you for any damages, attorney fees and costs finally awarded against you as a result of, and for amounts paid by you under a court-approved settlement of a claim; provided that you: (a) promptly give us written notice of the claim; (b) give us sole control of the defense and settlement of the claim (provided that we may not settle any claim unless the settlement unconditionally releases you of all liability); and (c) provide to us all reasonable assistance, at our expense. In the event of a claim, or if we reasonably believe the Services may infringe or misappropriate, we may in our discretion and at no cost to you (i) modify the Services so that they no longer infringe or misappropriate, (ii) obtain a license for your continued use of the Services in accordance with this Agreement, or (iii) terminate your Account and User subscriptions for such Services upon 30 days written notice and refund any prepaid fees covering the remainder of the term of such User subscriptions after the effective date of termination.
    8.2. Indemnification by You. 

    You agree to indemnify, defend and hold harmless us, our affiliates and our and their officers, directors, partners, agents, and employees from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees (collectively, “Claims”), made by any third party due to or arising out of your use of the Site and Services in violation of these Terms, any breach of the representations and warranties you make in this Agreement, your User Content, or for any breach of security or compromise of your Account. You agree to be solely responsible for defending any Claims against or suffered by us, subject to our right to participate with counsel of our own choosing.
    8.3. Exclusive Remedy. This Section (Indemnification) states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any type of claim described in this Section.

     

    9.0 Limitation of Liability

    IN NO EVENT SHALL INBOX MONSTER, ITS MEMBERS, OFFICERS, AFFILIATES, AGENTS, LICENSORS, EMPLOYEES, OR INTERNET SERVICE PROVIDER(S) (COLLECTIVELY, “REPRESENTATIVES”) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST REVENUE, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATION SHALL APPLY EVEN IF INBOX MONSTER OR ITS REPRESENTATIVES HAVE BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE. INBOX MONSTER’S TOTAL LIABILITY IN ANY EVENT IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID FOR USE OF THE SITE, AND YOU HEREBY RELEASE INBOX MONSTER AND ITS REPRESENTATIVES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. THESE LIMITATIONS SHALL APPLY TO ALL CLAIMS IN THE AGGREGATE (NOT PER INCIDENT) AND TOGETHER WITH THE DISCLAIMER OR WARRANTIES ABOVE SHALL SURVIVE FAILURE OF ANY EXCLUSIVE REMEDIES PROVIDED IN THIS AGREEMENT.

     

    10.0 Term and Termination

    10.1. Term. This Agreement commences on the Effective Date and continues until all User subscriptions granted in accordance with this Agreement and/or a Services Agreement have expired or been terminated or, if you do not have a subscription, until you discontinue use of the Site, and Services.
    10.2. Term of Provider Subscriptions. Provider subscriptions commence on the start date specified in the applicable Services Agreement and continue for the Subscription Period specified therein. User subscriptions shall automatically renew in accordance with the Services Agreement. The pricing during any such renewal term shall be the same as that during the prior term unless otherwise indicated in the Services Agreement.

    10.3. Payment upon Termination. In no event shall any termination relieve you of the obligation to pay any fees payable to us for the period prior to the effective date of termination.

     

    11.0 Miscellaneous

    11.1. Notices. You agree that we may provide you with notice, including changes to this Agreement, by email, regular mail or postings in your Account.
    11.2. Governing Law/Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, disregarding any conflict-of-laws rules which may direct the application of the laws of another jurisdiction. All claims arising out of or relating to this Agreement or the Services or Site must be litigated exclusively in the federal or state courts of Mecklenburg County, North Carolina, and You consent to venue and personal jurisdiction in said courts.
    11.3. Export Compliance. The Services, other technology we make available, and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any U.S. government denied-party list. You shall not permit Users to access or use Services in a U.S.-embargoed country or in violation of any U.S. export law or regulation.
    11.4. Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
    11.5. No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.
    11.6. Waiver. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right.
    11.7. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
    11.8. Attorney Fees. You shall pay on demand all of our reasonable attorney fees and other costs incurred by us to collect any fees or charges due us under this Agreement.
    11.9. Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement or any Services Agreement in its entirety, without consent of the other party, to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
    11.10. Interpretation. No provision shall be construed against a party by reason of the fact that such party or its legal counsel drafted that provision, notwithstanding any rule of law or any legal decision to the contrary. For purposes of interpreting this Agreement: (a) the terms “herein,” “hereof,” “hereto,” “herewith”, “hereunder,” “hereinafter,” and similar terms shall refer to this Agreement as a whole; (b) the terms “includes” and “including” shall mean “include[ing], without limitation”; (c) references to Sections in any particular Attachment shall refer to Sections in that same Attachment, unless otherwise specified therein; and (d) headings contained herein are for convenience of reference only and shall not affect the interpretation of this Agreement. For purposes of this Agreement, whenever the context requires, the singular number will include the plural, and vice versa.
    11.11. Entire Agreement. This Agreement, including all exhibits and addenda hereto and all Services Agreements, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted. However, to the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any exhibit or addendum hereto or any Services Agreement, the terms of such exhibit, addendum or Services Agreement shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in Your Services Agreement shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.

    12.0 Contact

    12.1. Contact Details. Any question, concern, or complaint with our Terms and Conditions should be addressed to:
    Chief Privacy Officer
    Email: privacy@inboxmonster.com
    Address: 9935-D Rea Road, #234, Charlotte, NC 28277
    This document was last updated on August 4, 2021.

    13.0  Electronic Signatures and Notices

    Certain activities on the Services may require you to make an electronic signature. You understand and accept that an electronic signature has same legal rights and obligations as a physical signature.  If you have an Account, you agree that we may provide you any and all required notices electronically through your Account or other electronic means. You agree that we are not responsible for any delivery fees charged to you as a result of your receipt of our electronic notices.