Messageboat Terms of Use
Through Messageboat (the "Services") Gobito Enterprise Solutions provides web site operators and other individuals a variety of tools and resources to collect visitor e-mail addresses and phone numbers to create, launch, and manage online e-mail and SMS campaigns. This service may not be used for the sending of unsolicited e-mails and SMSs called as SPAM (for further information see our Anti-Spam Policy). The following are the terms and conditions for usage of the Services. By checking the "i have read the Messageboat Terms of Use statement. I accept these terms and conditions" box on the welcome page after logging in for the first time, you accept these terms and conditions.
1. Services and Support
1.1 The Services are provided subject to this Agreement, as it may be amended by Messageboat, and any guidelines, rules or operating policies that Messageboat may establish and post from time to time (the "Agreement"). By posting updated versions of the Agreement at the Messageboat web site, or otherwise providing notive to you, Messageboat may modify the terms of the Agreement and may discontinue or revise any or all other aspects or the Services at its sole discretion. All such changes shell become effective upon posting of the revised Agreement on the Service.
1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
1.3 The Services enable for corporate web sites, small business web sites, and community sites to sign up web site visitors, collect and retrieve visitor sign-up data, and develop and execute e-mail communications with visitors and other targeted prospects.
1.4 Both the number of e-mail messages sent and the number of KiloBytes of data transferred are metered by Messageboat. The total KiloByte data transfer of each message can be no more than 100kb.
1.5 All email and SMS delivery prices are subject to change at any time. All fees paid to Gobito Enterprise Solutions for Messageboat are no-refundable, unless an account is terminated by Messageboat for a reason other than violation of the Anti-Spam Policy. Payment for Services will be made by a valid credit card accepted by Gobito Enterprise Solutions, unless other payment arrangements have been made between you and an authorized Messageboat representative. Fees are payable in US dollars. All prices are subject to change and you are responsible for reviewing the Pricing Schedule from time to time and remaining aware of the Fees charged by Gobito Enterprise Solutions.
1.6 You must complete the registration form on the signup page in order to use the Services. You will provide true, accurate, current, and complete information abour yourself as requested in the registration form. As part of the registration process, you will identify an e-mail address and password for your Messageboat account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name. Gobito Enterprise Solutions reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
1.7 It is understood that Messageboat makes no guarantee that HTML messages will be rendered properly on all recipients' email programs, due to the wide variety of HTML generation tools available. Messageboat makes every attempt to make sure that all e-mail messages sent through our servers follow e-mail standards, but we cannot guarantee that messages will look consistent across all e-mail platforms due to the number of different HTML composition tools available. For best results Messageboat recommends, but does not guarantee, the use of HTML editors that generate HTML that adheres to W3C standards.
2. Restrictions and Responsibilities
2.1 This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business (which includes civic or charitable) purposes only and you shall not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party.
2.2 You acknowledge and agree that the Services and the Messageboat names and logos and all related product and service names, design marks and slogans, are the property of Gobito Enterprise Solutions or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Messageboat. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in Gobito Enterprise Solutions or its third party suppliers, as the case may be.
2.3 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. You hereby agree to indemnify and hold harmless Gobito Enterprise Solutions against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. Although Gobito Enterprise Solutions has no obligation to monitor the content provided by you or your use of the Services, Gobito Enterprise Solutions may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
2.4 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Messageboat. Gobito Enterprise Solutions may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you.
2.5 Gobito Enterprise Solutions will not use any of your subscriber lists or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties. In addition, Gobito Enterprise Solutions will not use your customer information for the purpose of sending unsolicited commercial e-mail.
2.6 You will adopt and maintain the Privacy Policy, which may be modified by Messageboat from time to time.
2.7 You may not use Messageboat to distribute illegal contests, pyramid schemes, chain letters, or multi-level marketing campaigns.
2.8 You may not use Messageboat to send email campaigns that link to or display nudity, obscene content, gambling related content, pharmaceutical related content, illegal software, viruses, or to distribute any other content that we deem inappropriate.
3. Termination
3.1 Gobito Enterprise Solutions may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Gobito Enterprise Solutions shall have no liability to you or any third party because of such termination. If Gobito Enterprise Solutions terminates this agreement because you violated the Anti-Spam policy, no refund will be issued.
3.2 Gobito Enterprise Solutions may delete any of your archived data within 30 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
4. Warranty Disclaimer; Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. Gobito Enterprise Solutions DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND Gobito Enterprise Solutions DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for Gobito Enterprise Solutions to use commercially reasonable efforts to adjust or repair the Services.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Gobito Enterprise Solutions OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "Gobito Enterprise Solutions") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF Messageboat SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, Gobito Enterprise Solutions IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF Gobito Enterprise Solutions TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
6. Miscellaneous
6.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
6.2 Gobito Enterprise Solutions and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
6.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Gobito Enterprise Solutions in any respect whatsoever.
6.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys fees.
7. System Requirements
It is understood that in order to use Messageboat, a Windows PC with Internet Explorer 6.0 or higher must be used. Additionally, a stable connection to the Internet is required. Messageboat may work in a limited manner on Macintosh, Unix, and other platforms and other browsers.
8. Compliance rules for sending e-mail and SMS
Check out the Anti-Spam Policy
9. Refunds:
Refunds will only be issued within the seven days of purchase, Any refund requests after 7 days of purchase will be given at our discretion. Eventhough purchased licenses may have longer validity period, any unused credits after 30 days of purchase will timeout, in other words Messageboat nor any of its Resellers guarantee that your credits will be usable after 30 days of purchase.