RubyMail Terms of Service
Acceptance of Terms
The website and any downloadable software associated with the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
Description of Service
The Service includes, and is limited to, the implementation, testing, and distribution of email campaigns ("RubyMail Email Campaign") on your behalf. The Service also includes tools that enable Account Holders and their Guests to manage each RubyMail Email Campaign. The type and number of tools you may use depend on the type of account you have and your status as an Account Holder or a Guest.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new RubensteinTech tools and resources, shall be subject to the TOS.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the service may include certain communications from RubensteinTech, such as service announcements, administrative messages, and the RubensteinTech Newsletter, and that these communications are considered part of the Service and you will not be able to opt out of receiving them. You agree not to access the Service by any means other than through the interfaces that are provided by RubensteinTech for use in accessing the Service. RubensteinTech will provide the Service in accordance with this Agreement. RubensteinTech may at its sole discretion modify the features of the Service from time to time without prior notice. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new RubensteinTech properties, shall be subject to the TOS.
In order to use the Service, you must have a valid RubyMail User Account. To have a RubyMail User Account, you may be required to provide RubensteinTech with a credit card, billing and shipping information and other identifying information ("Registration Data"). Use Accounts will choose a password and account designation during the Service's registration process. If you are using the Service as a Guest, you must also go through the registration process and provide the registration data requested. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify RubensteinTech of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. RubensteinTech cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or RubensteinTech has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RubensteinTech has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). If you register to use the Service on a free-trial basis, you will also have to go through the registration process, and possibly enter in your credit card information. Users under 18 years of age are required to have a parent or guardian review and complete the registration process.
You may choose between various plans and methods of paying for the Service. The Service fees include a fee which includes the sending of a specified number of emails ("Base Fee") as well as an additional fee for emails sent beyond that specified number ("Additional Fee"). You are responsible for paying the Base Fee at the time of service. You are responsible for paying the Additional Fee, in full, for any emails sent beyond the specified number of emails included in the Base Fee.
No matter which method you choose, You agree that RubensteinTech may charge to Your credit card, PayPal account, or other payment mechanism selected by You and approved by RubensteinTech ("Your Account") all amounts due and owing for the Service. RubensteinTech may change prices at any time without prior notice. You agree that in the event RubensteinTech is unable to collect the fees owed to RubensteinTech for the Service through Your Account, RubensteinTech may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by RubensteinTech in connection with such collection activity, including collection fees, court costs and attorneys' fees.
Cancellation and Termination
If you cancel the Service before the end of the term, your cancellation will take effect immediately. After cancellation, you will no longer have access to your Website and all information contained therein may be deleted by RubensteinTech. RubensteinTech accepts no liability for such deleted information or content. If you are a Guest, the RubyMail User Account who invites you may request RubensteinTech to, and RubensteinTech may, terminate your Service at any time and for any reason. If your credit card is invalid for any reason, the Service may be cancelled and all the information contained within deleted permanently. RubensteinTech accepts no liability for information that is deleted due to an invalid credit card.
You agree RubensteinTech, in its sole discretion, may terminate your password, and/or account, and remove and discard any Content within the Service (including, but not limited to your Website if you are a RubyMail User Account), for any reason, including and without limitation, the lack of use, or if RubensteinTech believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted Website (as applicable) and all its parts, at RubensteinTech's discretion, will be terminated as well. RubensteinTech may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that RubensteinTech may immediately deactivate or delete your Website, as applicable, and all related information and files. RubensteinTech reserves the right to bar any further access to such files or the Service. You agree that RubensteinTech shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded.
Ownership of Website Account and Security
You are responsible for maintaining the security of your account and Website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website, including those of your Guests. You agree to immediately notify RubensteinTech of any unauthorized uses of the account or any other breaches of security. RubensteinTech cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will RubensteinTech be liable, in any way, for any acts or omissions by a RubyMail User Account or a Guest, including any damages of any kind incurred as a result of such acts or omissions.
Content and Conduct Rules and Obligations
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that You, and not RubensteinTech, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. RubensteinTech does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will RubensteinTech be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that RubensteinTech does not pre-screen Content, but that RubensteinTech and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, RubensteinTech and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by RubensteinTech or submitted to RubensteinTech.
You acknowledge and agree that RubensteinTech may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of RubensteinTech, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in RubensteinTech's sole discretion as to what action should be taken.
You agree that you will not:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a RubensteinTech official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
(g) upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(k) "stalk" or otherwise harass another;
(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
(m) offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) RubensteinTech determines, in its sole discretion, is inappropriate for sale through the Service provided by RubensteinTech;
(n) use the Service as a forwarding service to another website;
(o) exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or content as a Guest;
(p) utilize pop-ups, pop-unders or exit windows that interfere with site navigation, obscure system content, change user preferences, or are for downloads;
(q) provide any form of paid advertising.
If any user is reported to be in violation with the letter or spirit of these terms, RubensteinTech retains the right to terminate such account at any time without further warning.
With respect to any additional software that may be made available by RubensteinTech in connection with the Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You acknowledge that the Service, or portion thereof may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the Service or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
RubensteinTech does not claim ownership of the Content you upload to the Service. By submitting Content to RubensteinTech for inclusion in your RubyMail Email Campaign, you grant RubensteinTech a perpetual, world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your RubyMail Email Campaign on RubensteinTech's Internet properties.
You acknowledge that RubensteinTech does not pre-screen Content, but that RubensteinTech and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, RubensteinTech and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because RubensteinTech has no control over such sites and resources, you acknowledge and agree that RubensteinTech is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that RubensteinTech shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
General Practices Regarding Use and Storage
You acknowledge that RubensteinTech may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time.
Modifications to Service
RubensteinTech reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that RubensteinTech shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the Service and Software Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by RubensteinTech or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
RubensteinTech and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Service and Sotware and in all trade names, trademarks and service marks associated or displayed with the Service and Software.
You will not remove, deface or obscure any of RubensteinTech's or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Service or Software. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Service or Software.
This website and Service, with the exception of client screenshots and logos, is the exclusive property of RubensteinTech. All of the text, graphics, audio, design, software, and other works are the copyrighted works of RubensteinTech. Any redistribution or reproduction of any materials herein is strictly prohibited without the express written consent of RubensteinTech. RubyMail is a Trademark of RubensteinTech. The phrase "Create more. Code less." is a Service Mark of RubensteinTech.
You acknowledge that any use of the Service contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Service, may cause irreparable injury to RubensteinTech, its affiliates, suppliers and any other party authorized by RubensteinTech to resell, distribute, or promote the Service ("Resellers"), and under such circumstances RubensteinTech, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
You agree to indemnify and hold RubensteinTech, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your Guests activities, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RUBENSTEINTECH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) RUBENSTEINTECH WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, RUBENSTEINTECH IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. RUBENSTEINTECH DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
Limitation of Liabilty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RUBENSTEINTECH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RUBENSTEINTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 20 AND 21 MAY NOT APPLY TO YOU.
Notices to You may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. The TOS and the relationship between you and RubensteinTech shall be governed by the laws of the State of New York without regard to its conflict of law provisions.
RubensteinTech may change the terms of this Agreement at any time by posting modified terms on its website at http://www.rubymail.com/about/terms/. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes.
All notices or other correspondence to RubensteinTech under this Agreement must be sent to following address for such purpose:
Rubenstein Technology Group, Inc.
808 Union Street
Brooklyn, NY 11215
The failure of RubensteinTech to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and RubensteinTech and govern your use of the Service, superseding any prior agreements between you and RubensteinTech (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other RubensteinTech services, third-party content or third-party software. If any provision of the TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
RubyMail Email Tip of the Week #18:
Keep your Email Narrow to Maximize Your Impact
When designing a new HTML email, keep your design to 580 pixels wide or less to ensure that it is fully visible in the widest array of user email applications.