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RIGHTS
7. Proprietary Rights Owned by Us
You shall respect our proprietary rights in the Website and the software used to provide Mandrill. Proprietary rights include, but are not limited to, any patents, trademarks, service marks, and copyrights.
8. Proprietary Rights Owned by You
You represent and warrant that you either own or have permission to use all of the material in your Emails. You retain ownership of the materials you upload to the Service. We may use or disclose your materials only as we describe in these Terms and our Privacy Policy.
9. Privacy Policy
We may access, collect, use, and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.
10. Right to Review Email Campaigns
We may view, copy, and internally distribute content from your Emails and account to create algorithms and programs ("Tools") that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws.
Right to Review Email Campaigns
We study data internally to make our Email Genome Project smarter and create better experiences for senders and subscribers.
RULES AND ABUSE
11. General Rules
You shall follow these rules:
You won’t send Spam! By “spam,” we mean the definition on the Spamhaus website at
http://spamhaus.org/definition.html.
You won’t put into your Email any material, including graphics or other content, that is not created by you, not provided by us for you to use, or that would violate any other party's rights.
You won’t use any misleading or incorrect names, addresses, email addresses, subject lines, or other information on the Website or in any Emails created or sent using our Service.
You won’t upload or compose emails that contain or offer any illegal content, goods, or services.
You won’t share your password.
You won’t try to decipher, decompile, disassemble, or reverse engineer any of the software on our Website, or in any way used or downloaded from the Website.
You won’t set up multiple accounts for any individual or entity in order to send substantially similar content, unless you’re part of a franchise.
You won’t import or incorporate any of this information into any lists, emails, or uploads to our servers: Social Security Numbers, passwords, security credentials, or sensitive personal information of any kind.
Spam
In short, spam means “unsolicited bulk email.” If you send people mass email without their permission, you’re spamming.
12. Bandwidth Abuse/Throttling
You may only use our bandwidth for your Mandrill emails. We may throttle your sending at our discretion.
13. Compliance with Laws
You represent and warrant that your use of Mandrill will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you're subject to regulations (like HIPAA) and you use our Service, then we won't be liable if our Service doesn't meet those requirements.
If you’re located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your Email distribution list, sending Emails via Mandrill and collecting information as a result of sending Emails, you:
Will clearly describe in writing how you plan to use any data collected, including for your use of Mandrill. You’ll get express consent to transfer data to Mandrill as part of this process, and you’ll otherwise comply with whatever privacy policy you have posted.
Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws applicable to the countries where you’re sending any form of email via Mandrill.
Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have permission to allow Mandrill to receive and process data and send communications to that individual on your behalf.
Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
European Economic Area (EEA)
This section applies to people who are sending to or from the European Economic Area. The EEA includes countries that are part of the European Union, plus Iceland, Liechtenstein, and Norway.
14. U.S. Export Controls
The software that supports the Services (the "Software") is subject to United States export controls. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. You’re downloading and using the Software at your own risk.
Export Controls
Export laws are set up by the government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements.
15. Reporting Violations
If you become aware that anyone is violating any of the Terms of this Website, please notify us immediately.
LIABILITY
16. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss resulting from your use of the Website and the Services, including any downloads from the Website. We won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages.
17. No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to merchantability and fitness for a particular purpose.
18. Indemnity
You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren’t permitted under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password behaved in a way that, if true, would violate any of these Terms.
Indemnity
Indemnity is an agreement to compensate someone for a loss.
19. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney's fees and any damages or other relief we may be awarded.
20. Disclaimers
We aren’t responsible for the behavior of any advertisers, linked websites, or other Members.
21. Equitable Relief
If you breach any of your obligations under these Terms, then we may seek injunctive or other equitable relief.
22. Subpoena Fees
If we’re required to provide information in response to a subpoena related to your account, then we may charge you for our costs for complying with that subpoena.
FINE PRINT
23. Notice to U.S. Government End Users
The Software and Website, including all documentation, are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, and consist of "Commercial Computer Software" and "Commercial Computer Software Documentation." The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:
only as Commercial Items,
with the same rights as all other end users, and
according to the Terms
Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is The Rocket Science Group, LLC, 512 Means Street, Suite 404, Atlanta, Georgia 30318.
Notice to U.S. Government End Users
This section will matter to you if you’re affiliated with the U.S. government.
24. Assignments
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
25. Choice of Law
The State of Georgia’s laws, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself, will be decided by the state and federal courts located in Fulton County, Georgia, and each party will be subject to the jurisdiction of those courts.
26. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third party internet service providers.
27. Survivability
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
28. Severability
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
29. Interpretation
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
30. Amendments and Waiver
No amendment or change to these Terms will be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the "Additional Terms"). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action.
31. No Changes in Terms at Request of Member
Because we have so many Members, we can’t change these Terms for any one Member or group of Members. If we did that, keeping up with the changes would be a logistical nightmare. So no changes, no exceptions.
32. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
33. Notification of Security Breach
In the event of a security breach that may affect you or anyone on your Email distribution lists (each a "List"), we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do it.
34. Notices
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Valerie Warner Danin, Attn. Legal Department, MailChimp, 512 Means Street, Suite 404, Atlanta, GA, 30318, or any addresses as we may later post on the Website.
35. Entire Agreement
These Terms, our Privacy Policy (which is incorporated into these Terms by reference), and any Additional Terms you’ve agreed to embody the entire agreement and understanding of the parties, and supersede all prior agreements, representations, and understandings.
Congratulations! You’ve reached the end. Thanks for taking the time to learn about Mandrill's policies.