Terms of Use
1. OVERVIEW
BetaEmail is offering its Website and Services for any private and/or business usage of email marketing in a well mannered and legal way. By continuing to use BetaEmail, the "User" expressly and irrevocably agrees to have read, understood, and accept BetaEmail Terms of Use.
The terms “we”, “us” or “our” shall refer to BetaEmail. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement and any limitations to the Services as last revised. If you do not agree to be bound by this Agreement and any Service limitations as last revised, do not continue to use the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your BetaEmail account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
2. ANTI - SPAM POLICY
You may not at any time utilize the Services for the sending of unsolicited email messages (sometimes called and hereinafter referred to as "spam"). All messages sent by means of your use of our Services shall be in compliance with the terms of this Agreement and shall only be used for lawful purposes in compliance with all other applicable U.S., state, local and international laws governing your business, operations and activities, which may include (1) the U.S.’ CAN-SPAM Act of 2003 (“CAN-SPAM”), (2) Canada's Anti-Spam Legislation (“CASL”), or (3) any other jurisdictions’ policies and laws related to unsolicited emails, spamming, privacy, obscenity, or defamation, copyright and trademark infringement, child protective email address registry laws, laws relating to advertising, sales or promotional efforts or practices, redemption, refunds and provision of your products or services and laws that govern false, unfair and deceptive practices, etc.
3. PROPER CONTENTS
You represent and warrant that the information you use in any email marketing, including the header, subject line, and content, is not false, deceptive, or misleading. More specifically, you agree (1) to include a valid contact information required by applicable law (e.g., secondary contact, such as a phone number, as required under CASL), (2) to ensure to provide a valid, accurate and non-deceptive identification of your organization in the “from” and “reply to” address in every email as the sole person sending or causing to be sent the email using our Services and (3) to ensure the "subject" line of any message sent is not deceptive or misleading with respect to the subject matter of the email message itself.
4. PROHIBITED USE
You acknowledge and agree that you shall not use the Services to request, collect or send any non-public or personally identifiable information about another user or any other person without their express prior written consent (or the parent’s consent in the case of a minor), illegal information, or any other information you do not have the right to request, collect or distribute.
You may not use BetaEmail to send email campaigns that link to or display pornography, other sexually explicit content, illegal goods or services, pyramid schemes, chain letters, multi-level marketing campaigns, affiliate and network marketing materials, or any other content we deem inappropriate. You may not exploit BetaEmail service agreement by systematically replacing contacts in order to send to more unique email addresses than you're permitted for your service subscription level.
Unfortunately, some industries yield higher-than-normal abuse rates, which can negatively affect the deliverability for other BetaEmail users. In order to maintain the highest possible delivery rates for all our users, BetaEmail is unable to send on behalf of certain industries and senders.
5. IDEMNIFICATION AND LIMITATION OF LIABILITY
You expressly agree and acknowledge that, except as modified by this Agreement, your use of the Services is subject to the entirety of our Terms of Use, and specifically those sections governing BetaEmail's Limitation of Liability and your obligations of Indemnification arising from or relating to your use of the Services.
6. SUBSCRIPTION
All subscription plan prices are subject to change at any time. BetaEmail reserves the absolute rights to modify and/or change email marketing subscription prices as outlined in its Terms of Use.
7. COPYRIGHT
All content included in or made available through any BetaEmail Service, such as text, graphics, logos, button icons, images, data compilations, and software is the property of BetaEmail and protected by United States and international copyright laws. The compilation of all content included in or made available through any BetaEmail Service is the exclusive property of BetaEmail and protected by U.S. and international copyright laws.
8. LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, BetaEmail grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the BetaEmail Services. This license does not include any resale or commercial use of any BetaEmail Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any BetaEmail Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by BetaEmail. No BetaEmail Service, nor any part of any BetaEmail Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BetaEmail.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BetaEmail without express written consent. You may not use any meta tags or any other "hidden text" utilizing BetaEmail's name or trademarks without the express written consent of BetaEmail. You may not misuse the BetaEmail Services. You may use the BetaEmail Services only as permitted by law. The licenses granted by BetaEmail terminate if you do not comply with these Conditions of Use or any Service Terms.