This Mad Mimi Terms of Service Agreement (this “Agreement”) is entered into by and between Mad Mimi, c/o GoDaddy.com, LLC, a Delaware limited liability company ("Mad Mimi") and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Mad Mimi services (the “Services”), and represents the entire agreement between you and Mad Mimi concerning the subject matter hereof.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with our Universal Terms of Service Agreement, which is incorporated herein by this reference, and any other agreements or policies that are expressly incorporated herein.
The terms “we”, “us” or “our” shall refer to Mad Mimi. 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 shopper 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.
Mad Mimi Email Marketing services (the “Service”) enable corporate web sites, small business web sites, community sites and individual sites to sign up web site visitors, collect and store visitor subscription information, and build and conduct email communications with their contacts.
The number of contacts in your account is metered by Mad Mimi.
All subscription plan prices are subject to change at any time.
Monthly fees will be charged even if your account was not used to send emails.
It is understood that Mad Mimi 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. Mad Mimi makes every attempt to make sure that all email messages sent through our servers follow email standards, but we cannot guarantee that messages will look consistent across all email platforms. For example, if you use Microsoft Word to generate HTML email messages, it is expected that recipients of your message using a non-Microsoft email application may have difficulty reading your message. For best results Mad Mimi recommends, but does not guarantee, the use of HTML editors that generate HTML that adheres to W3C standards.
3. ANTI-SPAM POLICY
By using Mad Mimi, you acknowledge and agree to not use the Services for spam, and you agree to comply with the provisions of the CAN-SPAM Act. We have a zero-tolerance spam policy. You acknowledge and agree that we may immediately terminate any account that we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email activity.
The content you include in any email must be accurate and you may only use the Services to send emails to customers and contacts who have expressly opted in or given you permission to send emails to them. If you do not have written proof that each recipient on your contact list has expressly opted in or given you permission to send emails to them, do not include them in any email marketing campaign.
We prohibit the use of third-party, purchased, rented, or harvested mailing lists. You shall not send emails (i) to newsgroups, message boards, distribution lists, or unsolicited email addresses, or (ii) to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such emails from you or another party on whose behalf you may be commissioned.
4. PROHIBITED USE
You may not use Mad Mimi to send email campaigns that link to or display pornography, other sexually explicit content, illegal goods or services, content that promotes, encourages, or engages in terrorism or violence, pyramid schemes, chain letters, multi-level marketing campaigns, affiliate and network marketing materials, or any other content we deem inappropriate. You may not exploit Mad Mimi's service agreement by systematically uploading, sending, deleting, then replacing contacts in order to send to more unique email addresses than you're permitted for your service level.
Unfortunately, some industries yield higher-than-normal abuse rates, which can negatively affect the deliverability for other Mad Mimi users. In order to maintain the highest possible delivery rates for all our users, Mad Mimi is unable to send on behalf of certain industries and senders. This includes, but is not limited to, the following:
- Pharmaceutical products
- Work from home, make money on online, and lead generation opportunities
- Online trading, day trading tips, or stock market-related content
- Gambling services, products, or tips
- Multi-level marketing (MLM)
- Affiliate marketing
- Credit repair and get out of debt opportunities
- Mortgage and loan content
- Nutritional, herbal, and vitamin supplements
- List brokers or list rental services
- Counterfeit or "knock off" products appearing to be another brand
It is the responsibility of the sender to ensure that their content falls within these guidelines. Mad Mimi may monitor your account to ensure compliance with these terms and operation within the acceptable standards of the industry and of the email providers you are sending to.
5. PRIVACY; THIRD PARTY SITES
You can also log in to our site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Web site to your profile page to share with others within your network.
If you do not log into your account for more than 120 days, the account will become inactive. When an account is classified (at Mad Mimi's sole discretion) as inactive, Mad Mimi will flag that account as inactive. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER SIGNUPS, MAY BE PERMANENTLY REMOVED FROM THE MAD MIMI DATABASE.