Terms of Use | Privacy Policy | Anti-Spam Policy

Blabberbug, LLC Terms of Use

Through Blabberbug, LLC (the "Services") the Company ("Blabberbug") provides business owners and individuals a variety of tools and resources to collect visitor e-mail addresses and to send email messages. This service may not be used for the sending of unsolicited e-mail (sometimes called "spam"). See our Anti-Spam Policy. The following are the terms and conditions for use of the Services. By checking the "I have read the Blabberbug Terms of Use statement. I accept these terms and conditions" box on the signup page or 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 Blabberbug, and any guidelines, rules or operating policies that Blabberbug may establish and post from time to time (the "Agreement"). By posting updated versions of the Agreement at the Blabberbug web site, or otherwise providing notice to you, Blabberbug may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall 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 companies to allow patrons to refer other people to their business via an email couponing system.

1.4 Both the number of e-mail messages sent and the number of KiloBytes of data transferred are metered by Blabberbug. The total KiloByte data transfer of each message can be no more than 100kb.

1.5 All email delivery prices are subject to change at any time. All fees paid to Blabberbug for Blabberbug are non-refundable, unless an account is terminated by Blabberbug for a reason other than violation of the Anti-Spam Policy. Payment for Services will be made by a valid credit card accepted by Blabberbug, unless other payment arrangements have been made between you and an authorized Blabbberbug representative. You hereby authorize Campaign Monitor to charge your credit card for such amounts on a monthly basis. Fees are payable in US dollars dollars. If Blabberbug is for any reason unable to effect automatic payment via your credit card, you will be notified via e-mail and your Blabberbug landing page will be shutdown until full payment is rendered. 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 Blabberbug.

1.6 For all accounts, Blabberbug may charge an account re-activation fee should an account need to be re-activated by customer after an account has become de-activated due to non-payment or an untimely authorization for payment.

1.7 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 about yourself as requested in the registration form. As part of the registration process, you will identify an e-mail address and password for your Blabberbug 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. Blabberbug reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

1.8 It is understood that Blabberbug makes no guarantee that email messages will be recieved by the intended recipients. Email blocking software, firewalls and other security measures may divert emails into junk folders unbeknownst to Blabberbug, the client or the sender.

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. 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.

2.2 You acknowledge and agree that the Services and the Blabberbug company names and logos and all related product and service names, design marks and slogans, are the property of Blabberbug 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 Blabberbug. 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 Blabberbug 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 Blabberbug 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 Blabberbug has no obligation to monitor the content provided by you or your use of the Services, Blabberbug 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 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 the event of any action, suit or claim against Blaberbug, LLC arising out of your infringement of intellectual property rights or other acts in violation of this Agreement, you agree to fully indemnify and hold harmless Blabberbug, LLC for any liability, judgment, cost, expenses, including attorney's fees, incurred.

2.5 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Blabberbug. Blabberbug 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.

2.6 Blabberbug 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, Blabberbug will not use your customer information for the purpose of sending unsolicited commercial e-mail.

2.7 You will adopt and maintain the Privacy Policy, which may be modified by Blabberbug from time to time.

2.8 You may not use Blabberbug to distribute illegal contests, pyramid schemes, chain letters, or multi-level marketing campaigns.

2.9 You may not use Blabberbug to promote 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 You may terminate this Agreement at any time by sending an e-mail message to info@blabberbug.com or by sending written notice to Blabberbug, 1011 North Front Street, #6, Harrisburg, Pennsylvania 17102, United States. Correspondence must include your first name, last name, and Blabberbug username. No refunds will be issued if you terminate this agreement.

3.2 Blabberbug may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Blabberbug shall have no liability to you or any third party because of such termination. If Blabberbug terminates this agreement because you violated the Anti-Spam policy, no refund will be issued.

3.3 Blabberbug 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.

3.4 If you do not log into your account for more than 120 days, the account will become inactive. When an account is classified (at Blabberbug's sole discretion) as inactive, Blabberbug 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 BLABBERBUG DATABASE.

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. BLABBERBUG 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 BLABBERBUG 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 Blabberbug 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 BLABBERBUG 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 "BLABBERBUG ") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF BLABBERBUG 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, BLABBERBUG 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 BLABBERBUG TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE.

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 Blabberbug 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 Blabberbug in any respect whatsoever.

6.4 In any action or proceeding to enforce rights under the Agreement, Blabberbug, LLC will be entitled to recover its costs and attorneys' fees.

6.5 The Agreement shall be governed by the laws of the State of Pennsylvania 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 Harrisburg, Pennsylvania, United States.

7. System Requirements

It is understood that in order to use Blabberbug, a Windows PC with Internet Explorer 6.0 or higher must be used. Additionally, a stable connection to the Internet is required. Blabberbug may work in a limited manner on Macintosh, Unix, and other platforms, but there is no guarantee of functionality on non-Windows platforms. Additionally, Blabberbug 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 Microsoft's Internet Explorer.

8. Email and Permission Practices

8.1 Emails that you send through the Service may generate abuse complaints from recipients. We try to ensure Blabberbug does not generate a number of abuse complaints in excess of industry norms.

8.2 Blabberbug, at its own discretion, may immediately disable your access without refund to the Services if Blabberbug believes in its sole discretion that you have violated any of the email and permission practices listed above, or the Blabberbug Anti-Spam Policy.