DigitalContact Legal Stuff

This is where you'll find information about how we protect your privacy, what you can and can't do with DigitalContact, and how we handle user accounts.

By using this website or these products you indicate your acceptance of these Terms and Conditions of Use. If you do not accept these Terms and Conditions of use, you may not use this website or these products. If you have any questions about our terms, please contact us.

Article 1. Definitions and their interpretation

  1. Service Provider (“Service”, “we”)- is Digital Contact platform owned by Digital Contact LLC, Delaware which incorporates SMTP-Relay and Transactional API sending services as well as an email sending application.
  2. Application (“Digital Contact”,“Emailing Service”) – means the Digital Contact externalized application solution that is hosted on the servers that Service Provider designates and that the Customer may execute remotely. The Emailing Service offers various features, including management of emailing campaigns with real-time monitoring of sent e-mail deliverability, newsletter creation and sending, or sending and managing of transactional e-mails. Service Provider expressly reserves the right, at any time during the term of the Agreement, to adapt, arrange and/or modify any of the components granting access and use rights to the Emailing Service and the associated documentation, provided that the maintenance and support commitments are complied with for these operations. Similarly, Digital Contact may, at any time, discontinue providing a platform deemed obsolete and migrate services to a new infrastructure; in which case, Digital Contact will endeavor to inform you as early as possible and invite Customers to migrate your account to the new infrastructure, under conditions about which the Customer will be notified.
  3. User (“you”) - a customer of the Service or a representative of an entity that’s a customer of the Service.
  4. User (“you”) - a customer of the Service or a representative of an entity that’s a customer of the Service
  5. Spam- an electronic message where: (A) the recipient's personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; or (B) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent.
  6. The Agreement may have terms not defined in this Article 1. In this case, the interpretation of the term should be based on the text of the Agreement. In case when unique interpretation of such term is absent from the context of the Agreement, the term should be interpreted first in accordance with the Digital Contact.com website, and then with the prevailing Internet use.

Article 2. Eligibility

  1. The Service is available only to persons or organizations eligible to form legally binding contracts under applicable law.
  2. The Service use is not available to individuals under the age of 18. If you are using the Site or the Products on behalf of an organization, you represent and warrant that you have the ability to bind such organization by your use of the Site and the Products.
  3. In order to get access to the Service, the User must complete the registration process. The User shall provide true, accurate, current, and complete information as requested in the registration form. As part of the registration process, the User will provide an email address, username and password for your Digital Contact account. You are responsible for maintaining the security of your account, username, passwords, and files and for all uses of your account and of the Services. Digital Contact reserves the right to refuse registration of, or cancel accounts, it deems inappropriate.
  4. Digital Contact reserves the right to change the Terms and Conditions at any time.

Article 3. Communication with the User

  1. Service Provider reserves the right to send messages to the User to inform of:
    (a) changes or additions to the Site, the Products, this Agreement or the Payment (defined below);
    (b) violations of this Agreement or the User’s privilege to access and use the Service;
    (c) any other matter related to the Site, the Products or this Agreement. Nothing in this provision shall require or obligate us to send any notice if no notice is required or mandated elsewhere in this Agreement.
  2. You agree that we may, but are not obligated to, monitor or record any of the telephone conversations and chat texts with you for quality control purposes, for purposes of training our employees and for our own protection.
  3. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT WE MAY CONTACT YOU VIA TELEPHONE OR EMAIL TO DISCUSS THE SERVICE AND YOU CONSENT TO SUCH CONTACT. FURTHER, YOU CONSENT TO RECEIVE SUCH PHONE CALLS AND EMAILS AT THE TELEPHONE NUMBER AND EMAIL ADDRESS YOU ENTERED ON THE WEBSITE. You do not need to agree to this provision in order to use the Site or purchase the Products and if you would like us not to contact you by telephone, please send an email to [email protected].

Article 4. Copyright and Trademark Information.

The Service and the information it contains, are the property of Digital Contact and, in some cases, its affiliates and licensors, and are protected by United States and international intellectual property laws. “Digital Contact”, the Digital Contact logo, "MailWheel”, the MailWheel logo are registered trademarks or trademarks of Digital Contact in the United States and other countries. This is not intended as a complete list of our trademarks and other Digital Contact product or service names or logos appearing in the Site may be trademarks of Digital Contact or its affiliates.

Article 5. Pricing, Fees and Taxes

  1. DigitalContact reserves the right to change the pricing at eny time. You are responsible for reviewing the Pricing Schedule from time to time and for remaining aware of the fees charged by Service Provider for the Services.
  2. All fees paid to the Service Provider for the Services are non-refundable.
  3. Payment for Services must be made by a valid credit card accepted by the Service Provider, unless other payment arrangements have been made between you and an authorized the Service Provider representative. You hereby authorize Digital Contact to charge your credit card on a basis which depends on the type of Service Plan you have chosen. Fees are payable in US dollars. If Digital Contact is for any reason unable to effect automatic payment via your credit card, you will be notified via email and your account will be suspended until you are current on your payments.
  4. The User will be provided a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms. You won’t be entitled to a refund from us under any other circumstances. To get refund, please, contact [email protected]
  5. For all accounts, Emailing Service eserves the right to charge an account re-activation fee should an account need to be re-activated after it was de-activated due to a breach of this Agreement, or any other reason.

Article 6. Rights and Responsibilities of the Parties

  1. This is an Agreement for Services, and you are not granted a license to any software under this Agreement. Except solely to the extent that applicable laws prevent Digital Contact from doing so, you will not, directly or indirectly: (i) 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 Services or any software, documentation, or data related to the Services (the “Software”); (ii) remove any proprietary notices or labels from Services or any Software; (iii) reproduce or copy the Software or Services or any part thereof; (iv) modify, translate, or create derivative works based on the Services or any Software; or (v) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
  2. You shall respect our proprietary rights in the Website and the software provided by Digital Contact (proprietary rights include patents, trademarks, service marks, and copyrights). You may only use our brand assets according to Article 4.
  3. 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.
  4. We may use and disclose your information according to our Privacy Policy. Our Privacy Policy is an integral part of these Terms and Conditions.
  5. 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.
  6. You acknowledge that we may from time to time provide you with marketing advice and other coaching, template design, frequently asked questions and tips on best practices and complying with applicable law, including any sample Offer Terms. You acknowledge that such assistance and information is provided as a convenience to you and that such assistance and information are not intended to and do not constitute legal advice and that no attorney-client relationship is formed. We do not warrant or guarantee that use of or compliance with this information will be sufficient to comply with your obligations hereunder, applicable law or with third party rights.
  7. Prohibition on Spam. The Service may not be used for the sending of unsolicited email messages (sometimes called "spam"). All messages sent by you shall comply with our Anti-Spam Policy.
  8. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. Digital Contact, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. The content of your messages and campaigns shall comply with our Prohibited Content Statement
  9. We may establish general practices and limits concerning use of the Site or the Services, including without limitation the maximum number of messages or campaigns that may be distributed by you and/or the maximum size of any messages or campaigns that may be transmitted by means of the Site or the Services. If we discontinue any Service in its entirety, we will provide you with advance notice and an opportunity to cancel your account.

Article 7. The Use of The Service

  1. In your use of the Service you shall represent yourself or your organization accurately and will not impersonate any other person, whether actual or fictitious. For any message you send, you agree that you are the sole or designated "sender" (compliant with the CAN-SPAM Act of 2003 and any rules or regulations adopted under such act). You agree that any email message sent by you using the Service is compliant with the following:
    • the "from" line will accurately and in a non-deceptive manner identify your organization, your product or your service,
    • the "subject" line will not contain any deceptive or misleading content regarding the overall subject matter of the email message,
    • you will include your valid physical address which, if you are located in the United States, may be a valid post office box meeting the registration requirements established by the United States Postal Service.
  2. Every email message sent by you using the Service shall contain an "unsubscribe" link that allows subscribers to remove themselves from your mailing list. Each such link must remain operational for at least 90 days after the date on which you send the message. You agree that you will not remove, disable or attempt to remove or disable the link. You shall monitor and process unsubscribe requests received by you directly within 10 days of submission.
  3. We prohibit any form of violation of our Prohibited Content Policy. You agree to comply with the following in connection with your use of the Service:
    1. You may not use any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Site or the Services for any unauthorized purpose.
    2. You may not use the Site or the Services in a way that, to be determined in our sole discretion, damages, disables, overburdens, impairs, or gains unauthorized access to the Site or the Services, including Digital Contact’s servers, computer network, or user accounts.
    3. You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the content of the Site or the Services for public or commercial purposes without our express written permission.
    4. You shall not restrict or inhibit any other user from enjoying and using the Site or the Services.
    5. You shall not use the Site or the Services in violation of applicable law or third party rights (including third party terms of service), and shall not use the Site or the Services for hosting content (for example, images and documents) that infringes on the intellectual property rights of others.
    6. You shall not repeatedly upload and remove unique email addresses or otherwise try to manipulate data in an attempt to circumvent our billing procedures.
    7. You shall not set up multiple accounts for any individual or organization in order to send substantially similar content unless you are part of a franchise.
    8. You may only use our templates, any images we provide, or any other features or functionality of the Services with the Services themselves (for example, you may not take an image or template and use it on your website). This restriction also applies to customized templates prepared by our professional services group.
    9. You shall not use documents and images hosted by us on servers controlled by us for any purpose whatsoever other than in connection with the Services. If you own the document or image, you can use it outside of the Services so long as it is not hosted by us.
  4. You understand that delivery of messages by means of the Service may involve transmissions over various networks, and that the messages could be reformatted to conform to the formatting or technical requirements of such networks. You also understand and agree that messages exceeding maximum character limitations may be truncated, abbreviated, reduced or otherwise abruptly cut short.
  5. As a Digital Contact subscriber, You subscribe to the Services in Your name and on Your behalf, and You are not entitled to send via our Services promotional emails for a third-party, nor to assign the use of all or part of the Services to your own customers, even for free; in this context, we draw Your attention on the fact that one single domain must not include more than two (2) master accounts; for any specific need, please address a detailed request to our support: [email protected].
  6. As an indirect Digital Contact subscriber, You subscribe to the Services in Your name but behalf of your own customers with the objective of managing Digital Contact for and/or reselling Digital Contact to your clients. If you feel you fit this usage type and/or are an agency please contact us [email protected].

Article 8. Warranties, Disclaimer and Remedies

  1. 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. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGITAL CONTACT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE 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 TO THE EXTENT PERMITTED BY LAW DIGITAL CONTACT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
  2. Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for the Service Provider to use commercially reasonable efforts to adjust or repair the Services, or where such adjustment or repair is not feasible, for the Service Provider to either (at its sole discretion) perform the Services again or provide you with a refund for the amount actually received by the Service Provider (exclusive of all taxes, for the relevant Services).

Article 9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL DIGITAL CONTACT OR ANY OF ITS SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, SUPPLIERS, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “AFFILIATES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF DATA, OR FAILURE TO REALISE ANTICIPATED SAVINGS OR BENEFITS OR BUSINESS OPPORTUNITIES), OR FOR ANY CLAIM BY ANY OTHER PARTY.

DIGITAL CONTACT AND ITS AFFILIATES’ LIMITATION OF LIABILITY APPLIES WHETHER THE CLAIM IS IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR EQUITY AND EVEN IF DIGITAL CONTACT OR ITS AFFILIATES HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

YOU AGREE THAT DIGITAL CONTACT’S LIABILITY TO YOU AT LAW WILL BE REDUCED BY THE EXTENT, IF ANY, TO WHICH YOU CONTRIBUTED TO THE LOSS.

IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, DIGITAL CONTACT OR ITS AFFILIATES 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), TO THE FULLEST EXTENT PERMITTED BY LAW THE LIABILITY OF DIGITAL CONTACT AND/OR ITS AFFILIATES TO YOU WILL BE LIMITED TO SUPPLYING THE SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN OR REFUND OF FEES ACTUALLY PAID FOR THE SERVICES.

Article 10. Termination

  1. You may terminate your Digital Contact account at any time by calling Digital Contact Customer Support. Except as specifically set forth herein or on the Site, there are no refunds for any fees paid.
  2. YOU ARE SOLELY RESPONSIBLE FOR TERMINATING YOUR DIGITAL CONTACT ACCOUNT AND THIS AGREEMENT. WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR DIGITAL CONTACT ACCOUNT AND THIS AGREEMENT OR FOR ANY CREDIT CARD OR OTHER CHARGES OR FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR DIGITAL CONTACT ACCOUNT AND THIS AGREEMENT.
  3. We may, in our sole discretion, terminate your Digital Contact account or your access to or use of the Site or the Services, disable your Digital Contact account or access to the Site or the Services, remove all or a portion of your Customer Information or data, cancel or suspend any of your promotions or deals or donation campaigns, or put your Digital Contact account on inactive status, in each case at any time.
  4. Under the CAN-SPAM Act, you acknowledge that you are responsible for maintaining and honoring the list of unsubscribe requests following termination of your Digital Contact account and this Agreement.
  5. Upon termination of your Digital Contact account by you or us, this Agreement and any rights or licenses granted to you hereunder, shall immediately terminate except that all sections of this Agreement that by their nature should survive termination will survive termination.

Article 11. Indemnification

You hereby agree to defend, indemnify and hold harmless us and our underlying service providers (i.e. vendors who help us provide the Services), business partners, third-party suppliers and providers, members of our network, account providers, licensors, officers, directors, employees, distributors and agents from and against any damages, losses, liabilities, penalties, settlements and expenses (including costs and reasonable attorneys' fees) in connection with any claim or action that (a) arises from any actual or alleged breach by you of this Agreement; (b) arises from your Customer Information, including the content or effects of any messages you distribute, events ytions you collect or products or services you sell (including, without limitation, claims relating to violations of law, false advertising, injuries, illness, damages, death, taxes, fulfillment, breach of offer terms, defective products or services or unclaimed property); (c) arises from your provision of incomplete or inaccurate information to your subsou host, surveys you administer, social media campaigns you publish, promotions or deals you offer, donacribers or customers; (d) arises from your activities or postings in any community; (e) arises from your use of any Third Party Service (as defined below); or (f) otherwise arises from or relates to your use of the Site or the Services. You agree to provide us with prompt written notice in the event of any such claims or actions. In addition, you acknowledge and agree that we have the right to seek damages when you use the Site or the Services for unlawful purposes, in an unlawful manner, or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. In the event that we are required to respond to a third party or law enforcement subpoena or court order that is related to your use of the Site or the Services, we may, in our sole discretion, require you to reimburse us for our reasonable expenses associated with complying with such subpoena or order.

Article 12. Force Majeure

Digital Contact will not be liable by reason of the failure in the performance of obligations under this Agreement by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond Digital Contact’s reasonable control.

Article 13. Compliance with the Law

  1. You shall comply with all laws and regulations in force that are applicable in any country from which You access the Site and/or use the E-mailing Service, as well as in any country to which You send e-mails.
  2. You shall indemnify and hold Us harmless from any action brought against Us, judgment entered against Us or loss We may sustain due to Your non-compliance with applicable laws and regulations.
  3. Furthermore, You agree to reimburse Us for any action or formality We may be required to carry out to comply with a legal demand or request from an administrative or judicial authority.

In the event You become aware of a violation by any third party of any provision of these Terms and Conditions or of any law or regulation and, in particular, if You become aware of a security breach by a third party or discover a security breach, You shall immediately notify Us by any means, including by sending an e-mail to [email protected].

Article 14. Miscellaneous

  1. This Agreement shall be governed by the laws of the State of Delaware, USA and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of Delaware in each case, without regard to its choice or law or conflict of laws provisions. All legal actions in connection with this Agreement shall be brought in the state or federal courts located in the State of Delaware.
  2. 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.
  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 Digital Contact in any respect whatsoever.
  4. These Terms and Conditions, our Privacy Policy and Anti-Spam Policy and any Additional Terms you’ve agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings.
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