Updated April 17th, 2013
You may not use Mad Mimi to send email campaigns that link to or display pornography, other sexually explicit content, illegal goods or services, pyramid schemes, chain letters, multi-level marketing campaigns, affiliate and network marketing materials, or any other content we deem inappropriate.
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:
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. 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. If exploitation occurs, Mad Mimi reserves the right to terminate and/or assign a penalty of the service level fee that corresponds to the number of unique contacts you emailed within your billing cycle. Mad Mimi investigates all reports of exploitative use, and a fee of $250 will be applied for violations resulting in spam complaints.
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.
The Services 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.
By providing Mad Mimi with credit card information you are:
a. Stating that you are authorized to use that credit card.
b. Authorizing Mad Mimi to charge that credit card for all fees associated with your account including, but not limited to, recurring monthly billing at your current service level until you cancel your account.
Monthly fees will be charged even if your account was not used to send emails.
If you wish to stop billing on your credit card, you are responsible for canceling your account or downgrading to Mad Mimi's free service level (and disabling any paid addons) before your next recurring payment is due. You may also email email@example.com to cancel or downgrade your account.
You must complete the registration form on any of the "signup" pages in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. As part of the registration process, you will identify an email address and password for your Mad Mimi 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. Mad Mimi reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
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.
Responsibilities and Limitations
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. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
You acknowledge and agree that the Services and the Mad Mimi company names and logos and all related product and service names, design marks and slogans, are the property of Mad Mimi 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 Mad Mimi. 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 Mad Mimi or its third party suppliers, as the case may be.
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 email to any third party. You hereby agree to indemnify and hold harmless Mad Mimi 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 Mad Mimi has no obligation to monitor the content provided by you or your use of the Services, Mad Mimi 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.
The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party's intellectual property rights.
In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Mad Mimi. Mad Mimi 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.
Mad Mimi 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, Mad Mimi will not use your customer information for the purpose of sending unsolicited commercial email.
You may terminate this Agreement at any time by sending an email message to firstname.lastname@example.org or by sending written notice to Mad Mimi, 1562 First Ave #205-6464, New York, NY 10028. Correspondence must include your first name, last name, and Mad Mimi username. No refunds will be issued if you terminate this agreement.
Mad Mimi may delete any of your archived data immediately at the time of or following 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.
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.
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. Mad Mimi 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 Mad Mimi 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 Mad Mimi to use commercially reasonable efforts to adjust or repair the Services.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Mad Mimi 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 "Mad Mimi ") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF Mad Mimi 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, Mad Mimi 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 Mad Mimi 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.
Export of Services or Technical Data
You may not remove or export from the US or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of US or any other applicable country.
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.
Mad Mimi 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.
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 Mad Mimi in any respect whatsoever.
In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
The Agreement shall be governed by the laws of the State of Nevada without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Brooklyn, New York.
It is understood that in order to use Mad Mimi, a Macintosh with Firefox 2 or higher, Safari 2 or higher, a Windows PC with Internet Explorer 6.0 or Firefox 2 or higher must be used. Additionally, a stable connection to the Internet is required. Mad Mimi may work in a limited manner on Unix, and other platforms, but there is no guarantee of functionality on non-Windows platforms. Additionally, Mad Mimi may work in a limited manner on a non-Internet Explorer web browser (such as Netscape Navigator), but there is no guarantee of full functionality on web browsers other than the latest versions of Firefox, Safari and Internet Explorer.
Compliance rules for sending email
These 2 guidelines will help ensure that Mad Mimi maintains its reputation and white-listing status with a number of major ISPs and whitelisting programs. If at any time your campaign is flagged as SPAM by an AOL recipient, Mad Mimi reserves the right to cancel your account without notice.
Email and Permission Practices
With the exception of transactional emails via Mad Mimi's Mailer API, every email message sent in connection with the Services contains an "unsubscribe" link that allows subscribers to remove themselves instantly from your mailing list. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link.
You agree to import, access or otherwise use only permission-based lists (note: shared or purchased lists may not be used; please contact Mad Mimi if you have questions).
You cannot mail to distribution lists, newsgroups, or spam email addresses.
You are responsible for monitoring, correcting, processing unsubscribe requests within 10 days, and updating the email addresses to which messages are sent through your Mad Mimi account.
Emails that you send through the Service may generate abuse complaints from recipients. As a matter of privacy, Mad Mimi cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. Mad Mimi, 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.
Mad Mimi, at its own discretion, may immediately disable your access without refund to the Services if Mad Mimi believes in its sole discretion that you have violated any of the email and permission practices listed above, or the Mad Mimi Anti-Spam Policy.