Our Email-Sending Terms of Service and Acceptable Use Policy When we say “Company”, “we”, “our”, or “us” in this document, we are referring to Inbox First LLC. When we say “Services”, we mean our website inboxfirst.com and any product created and maintained by Inbox First LLC. When we say “You”, “your”, or “User” we are referring to the people or organizations that own an account with one or more of our Services. We may update these Terms of Service (“Terms”) in the future. Whenever we make a significant change to our policies, we will refresh the date at the top of this page and take any other appropriate steps to notify account holders. When you use our Services, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision. These Terms do contain a limitation of our liability. Please read these Standard Terms of Use (“Terms”) carefully. By using the Service or signing up for an account, you are agreeing to these Terms, which will result in a legal agreement between you and us. Inbox First provides a web based Service for the purpose of allowing Users to manage email subscribers and the data associated with those subscribers and create, save, and send email Campaigns. By uploading, generating, and or sending Campaigns through the Services, you agree to comply with this policy. By accepting these terms you also agree to our Privacy Policy. Inbox First may suspend or terminate your access to and the use of the Services if you do not comply with this policy. We have a no tolerance spam policy. Any User found to be using the Services for spam will be immediately cut-off from use of the Services. If you know of or suspect any violators, please notify us immediately at abuse@inboxfirst.com Every Campaign must contain an unsubscribe link. If the unsubscribe link is purposely removed or de-activated in any way, Inbox First will terminate the User account. No individual under the age of 18 may use the Inbox First Service. What is Spam? Spam is unsolicited email also known as UCE (Unsolicited Commercial Email). By sending Campaigns to only to those who have requested to receive it, you are following accepted permission-based email guidelines. What constitutes a Preexisting business relationship? The recipient of your email Campaign has made a recent purchase, requested information, responded to a questionnaire or a survey, or had offline contact with you. What constitutes consent? The recipient of your Campaign has been clearly and fully notified of the collection and use of the recipient’s email address and has consented prior to such collection and use. This is often called informed consent. Law against sending Spam The federal anti-spam CAN-SPAM law went into effect on January 1st, 2004 and preempts all state laws. This law makes most spam activity illegal. You agree to comply with the following in connection with your use of the InboxFirst Service: You cannot send Campaigns through the Service to distribution lists, newsgroups, publicly available press or media addresses or purchased email addresses. Campaigns that you send through the Services may generate spam or other complaints from recipients. You are responsible for ensuring that your Campaigns do not generate a number of spam or other complaints in excess of industry norms. We may terminate your access to or use of the Services if we determine that your level of spam or other complaints are higher than industry norms, as determined by us in our sole discretion. Your use of the Services must follow all applicable guidelines established by Us. The guidelines below are examples of practices that may violate this Policy when generating or sending Campaigns through the Services: Using non-permission based Mailing lists or email addresses Using purchased or rented Mailing lists or addresses. Using third party email addresses, domain names, or mail servers without proper permission. Sending Campaigns to non-specific email addresses. Also know as “role accounts” (e.g. webmaster@domain.com or info@domain.com). Sending Campaigns that result in an unacceptable number of spam complaints (even if the Campaigns themselves are not actually spam). Failing to include a working “unsubscribe” link in each Campaign that allows the recipient to remove themselves from your Mailing List. Failing to comply with any request from a recipient to be removed from your Mailing List within 5 days of receipt of the request. Disguising the origin or subject matter of any Campaign or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any Campaign. Including “junk mail,” “chain letters,” “pyramid schemes,” incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any Campaign that encourages a recipient to forward the Campaign to another recipient. No domain name used in our system as the reverse DNS name for an IP address can be registered in such a way as to hide or falsify the information in the WHOIS record. That means you may not use “whois privacy protection” or anything having similar effect for these domains. Not including in each Campaigns your valid physical mailing address or a link to that information. Not including a link to your current Privacy Policy applicable to your Campaign Sending Prohibited Content that includes but is not limited to: Payday loans Penny stocks Affiliate marketing Advertisements of email list sales or email appending services Online casinos/gambling Lotteries/sweepstakes Work from home offers promoting “get rich quick” Direct to consumer online pharmaceutical sales Fraudulent claims Child exploitation or child abuse Material that includes personal information about children without parental consent Credit card information or bank account numbers in plain text Social security numbers or national insurance numbers in plain text Adware, malware, viruses, spyware Escorts/prostitution User will use the Services only to send Campaigns that are compliant with the CAN-SPAM Act of 2003 (15 U.S.C §§7701-13) and its accompanying Federal Regulations (16 CFR §§316.1-.6). You represent and warrant that your use of the Inbox First Services will comply with all applicable Federal, State, City, and/or local laws and regulations. You are responsible for determining whether the Service is suitable for you to use. If you are subject to regulations (like HIPAA) and you use the Inbox First Service, then we will not be liable if the Services does not meet those requirements. You may not use the Services for any unlawful or discriminatory activities. If you know of or suspect any violations of this Policy, please notify Us at abuse@inboxfirst.com. Inbox First will determine compliance with this Policy in its sole discretion. Subscriber Inactivity Effective May 1, 2017 Inactive Subscribers within a Mailing List may be automatically Unsubscribed or Deactivated to protect Inbox First’s reputation as an Email Sending Provider. This policy applies to Subscribers that have subscribed within the last 180 days and have shown no engagement within that same 180 day period of time. Continued mailing of Campaigns to unengaged subscribers is broadly treated as an unwanted activity by ISPs (Internet Service Providers) both large and small, and can have direct negative impact on deliverability for all mail coming from Our servers. Reputation Protection Effective August 1, 2018 To protect Inbox First’s reputation as an Email Sending Provider it may be necessary to refuse a delivery attempt of a User’s Campaign if full compliance of this policy is not met. Account, Password, and Users You are responsible for maintaining the security of your account and password and for ensuring that any of your Users do the same. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. We do not have access to your current password, and for security reasons, we may only reset your password. Payment and Credit Cards As long as you are a User, you authorize us to charge your payment method on file when invoiced. Payment is due immediately when an invoice is issued. User will keep a valid payment method on file. Credit card payments will be billed and charged automatically. If, for some reason, we’re unable to process your payment, we will make every attempt to contact you to update your payment method. If your payment method is not updated and your bill is unpaid, we may suspend your account until your payment can be processed. Term The term of this Agreement shall begin on the date of the User’s agreement and shall continue, on a month-to-month basis, until the Agreement is terminated. User’s account information will remain on file for 90 days after termination, at which time Inbox First will delete all data associated with User’s account. User may request early data deletion by email after the final invoice is paid. Termination This Agreement may be terminated by either party at any time for any reason or for no reason. It will be considered a termination by User if User’s account is inactive for a period of ninety (90) days. After termination becomes effective, Inbox First shall retain User’s account information and data for ninety (90) days before deleting such information and data. Limitation of Liability You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to these Terms or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability. No Warranties Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for most of our Services. We do not provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes, but is not limited to, warranties of merchantability and fitness for a particular purpose, data loss, merchantability, or non-infringement or any warranties with respect to the accuracy, reliability, or availability of any content or information made available in or through the Service, which are, to the fullest extent permitted by law, excluded from the Agreement. Since Users use the Service for a variety of reasons, we can not guarantee that it will meet your specific needs. Indemnity You agree to indemnify and hold us and our Team harmless from any losses, damages, judgments, fines, and costs, including legal fees and expenses in connection with any claims you make that are not allowed under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses, damages, judgments, fines, and costs, including legal fees and expenses, in connection with any claims arising out of or relating to (i) your Content, Campaigns, or Sites, (ii) your use of the Service, (iii) your violation of any laws or regulations, (iv) third-party claims that you or someone using your password did something that, if true, would violate any terms of the Agreement, (v) any misrepresentations made by you, or (vi) a breach of any representations or warranties you’ve made to us. Equitable Relief Your violation of these Terms may cause irreparable harm to us. Therefore, we have the right to seek injunctive relief or other equitable relief if you violate these Terms. Subpoena Fees If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition. Choice of Law and Legal Forum This Agreement shall be interpreted and governed by the laws of the State of Georgia, and User hereby submits to the jurisdiction of the State of Georgia. The parties agree that this Agreement bears a reasonable relationship to the State of Georgia and agree not to challenge such acknowledgment. Any disputes or claims arising out this Agreement, or from a material breach of this Agreement, shall be decided by the Superior or State Court of Cobb County, Georgia or the Federal District Court for the Northern District of Georgia, Atlanta Division. Attorney’s Fees The prevailing party in any action arising out of this Agreement shall be entitled to recover all costs and expenses of litigation including, but not limited to, reasonable attorney’s fees. Force Majeure Inbox First will not be liable for any delays or failure in performance of any part of this Agreement resulting from any cause beyond Inbox First’s control including, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers. Severability In the event that any part or portion of this Agreement is deemed unenforceable by a court of competent jurisdiction, then only that part or portion shall be omitted and the remainder of this Agreement shall continue in full force and effect. Assignment User may not assign, sell, or otherwise transfer any portion of its interest in this Agreement to any other party without the express written consent of Inbox First. Inbox First may freely assign, sell, or otherwise transfer any or all of its interest in this Agreement to another party at its sole discretion. Clause Headings The clause headings used in this Agreement are for convenience only and shall not be deemed to be a part of this Agreement for any other purpose. Pricing We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email. Data Retention A User Account will be considered abandoned after 90 days of no billable activity. If billable activity is not seen for 90 days, an account may be deleted of all information and data. The information and data is not recoverable.