iMarc Broadcast Email Service » Terms & Conditions

General Terms
This user license is a legal agreement (AGREEMENT) between you (either an individual person or a single legal entity who will be referred to in this AGREEMENT as "CLIENT" and/or "YOU") and iMarc LLC (the owners of this software product, referred to in this AGREEMENT as "IMARC").

iBes currently consists of various web pages at or linked to the URL(s) ibesMAIL.com, collectively referred to as "iBes Network" (which may expand or change from time to time). Electronic messages (including, but not limited to email and HTTP requests) shall be referred to in this AGREEMENT as "SERVICE", and are also subject to all terms of the AGREEMENT. Unless explicitly stated otherwise, any new pages, products, and SERVICES, including the addition of new iBes Network properties shall be subject to this AGREEMENT.

Part of the SERVICE is to store user information and email addresses for the CLIENT. Any user information entered by the CLIENT or user's referred to SERVICE by CLIENT shall be referred to in this AGREEMENT as "USER".

Use of the SERVICE and pages on the iBes Network is subject to your agreement with the terms of use outlined on this page. IMARC reserves the right to terminate service at any time, and will return a prorated portion of any prepaid fees paid for u se of the service in this instance.

iMarc LLC • (978) 462-8848 • 14 Inn St. Newburyport, MA 01950

No Spam Policy
The SERVICE is intended for YOU to send outbound broadcast email to your USERS. This is strictly a permission-based service, and we do not condone nor will we allow the use of mass mailing lists of subscribers that have not specifically granted their permission to send them email. WE URGE YOU TO USE GOOD JUDGEMENT AND RESTRAINT. Sending email to folks that do not wish to receive it will likely have a negative effect on their perception of your company or organization, and could result in putative blacklisting by any of a number of anti-spam organizations in the internet.

The SERVICE will automatically handle opt-outs if a USER clicks the link embedded in the email, and iBes administrators can use list management tools built into the administrative interface to manage subscriptions there as well. Be conscientious about honoring the wishes of your USERS and you'll probably have no problems at all. Proceed with caution AND permission.

Terms of Use
IMARC maintains this web site to provide YOU with information, and tools for communication. YOU may download material displayed on this site for non-commercial, personal use only provided YOU also retain all copyright and other proprietary notices contained on the materials. YOU may not, however, distribute, modify, transmit, reuse, repost, or use the contents of this site for public or commercial purposes, including the text, images, audio, and video without the permission of IMARC.

YOU should assume that everything YOU see or read on this site is copyrighted unless otherwise noted. IMARC neither warrants nor represents that your use of materials displayed on this site will not infringe rights of third parties not owned by or affiliated with IMARC.

While IMARC uses reasonable efforts to include accurate and up to date information on this site, it makes no warranties or representations as to its accuracy. IMARC assumes no liability or responsibility for any errors or omissions in the content on this site.

Any communication or material YOU transmit to this site by electronic mail or otherwise, including, but not limited to data, questions, comments, and suggestions, will be treated as non-proprietary. Anything YOU transmit or post may be used by IMARC, or its affiliates, for any purpose consistent with the posted AGREEMENT.

IMARC has not reviewed all of the sites linked to the iBes Network and is not responsible for the contents of any off-site pages or any other sites linked to this site. Your linking to any other off-site pages or other sites is at your own risk.

At any time, CLIENT or IMARC may discontinue the SERVICE on written notice to the other. CLIENT's responsibility is for any charges incurred prior to IMARC's receipt and acknowledgement of such notice. In the case of any claim or complaint deriving from CLIENT's use of the SERVICE, IMARC reserves the right to notify CLIENT and discontinue the SERVICE without CLIENT's acknowledgement of such notice.

Any notice, instruction, or communication required or permitted to be given under this AGREEMENT must be in writing and given by electronic mail, personal delivery, overnight delivery, facsimile, or United States Mail, postage or fees prepaid, addressed to the recipient at its address set forth in this AGREEMENT, or to such other address as such party may request by written notice. Any such notice, instruction or communication is deemed given upon the earlier of: (a) actual receipt; (b) one business day following overnight delivery or facsimile; or (c) three business days following deposit in the United States Mail. Electronic mail notices from CLIENT to IMARC must be sent to info@imarc.net. Electronic mail notices from IMARC to CLIENT will be considered given, accepted and acknowledged if IMARC sends the notice to CLIENT's contact email (as set up by IMARC in iBes).

Disclaimer
CLIENT is solely responsible for the content and quality of any documents or messages transmitted over the SERVICE and will not use the SERVICE for any unlawful purpose, or in violation of this AGREEMENT. If any claims are made against IMARC arising out of CLIENT's use of the SERVICE (including but not limited to, patent and/or copyright infringement claims, and complaints), CLIENT will indemnify IMARC and hold it harmless from and against any damages and expenses, including, but not limited to, IMARC attorney fees incurred in defending any such claim.

IMARC performance of SERVICES following receipt of a CLIENT purchase order will not be subject to any standard terms and conditions set forth on that purchase order and IMARC may disregard those terms and conditions in satisfying the purchase order.

    Copyright (c) 2008, iMarc LLC
    All rights reserved.
    
    THIS SERVICE IS PROVIDED BY THE COPYRIGHT HOLDERS AND 
    CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, 
    INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF 
    MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE 
    DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS 
    BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, 
    EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED 
    TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, 
    DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON 
    ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, 
    OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY 
    OUT OF THE USE OF THIS SERVICE, EVEN IF ADVISED OF THE 
    POSSIBILITY OF SUCH DAMAGE.

If IMARC fails to enforce its rights under this AGREEMENT at any time, such failure will not prevent it from enforcing those or similar rights at any other time and will not be deemed a waiver. This AGREEMENT may not be modified except in writing signed by the CLIENT and IMARC .

Privacy Policy
Any data transmitted, sent or logged by the SERVICE can be viewed by IMARC. IMARC will not sell, distribute, or make available any data or information entered by CLIENT or USER, unless requested by CLIENT. IMARC will only use this data internally for support, and development purposes.

CLIENT is solely responsible for any agreements, terms, and policies between the CLIENT and its USERS. IMARC will be absolved of any responsibly, warranty, and liability direct, indirect or otherwise implied between CLIENT and CLIENT's end USER.

CLIENT is free to sell, distribute, or make available any data or information entered by USER. The Privacy Policy in this AGREEMENT only applies to the sharing and privacy of information between IMARC and CLIENT - NOT IMARC and USER or CLIENT and USER.