Birdview Technologies provides its service to you subject to the following terms, which may be updated by us at any time without notice to you. The most recent revision of this document can be viewed at http://birdview.com/spam.htm. Use of the service constitutes acceptance of these terms. Violation of these terms may result in legal action against you, termination of service in part or in whole, or termination of your account without notice or refund, at the sole discretion of Birdview Technologies. Birdview Technologies does not waive any rights by failing to enforce this policy in all instances which it might apply.
Birdview Technologies expressly prohibits spamming and other questionably ethical marketing practices. Birdview Technologies defines spam as any unsolicited email. You may not use the service to email directly (e.g., from your desktop email application) or indirectly (e.g., via an automated agent like ProspectPro) to any recipient that does not meet at least one of the following criteria:
If you are not sure if your email will be considered spam, please contact our Customer Support department for assistance. Please consider the following guidelines:
You agree to not use the service to:
This is not an exhaustive list of all disallowed activities, but some examples that demonstrate the spirit of the policy. Additional activities will be considered on a case-by-case basis and the acceptability of such will be at the sole discretion of Birdview Technologies.
(added 2008 Feb 21)
Birdview Technologies reserves the right to audit any account at any time. This may involve contacting your recipients, verifying their opt-in status with you, and subsequently disabling or deleting recipients from your contact list.
You agree to indemnify and hold Birdview Technologies and its officers, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to any content you transmit through the service, your use of the service, your violation of the these terms, or your violation of any rights of another.
You agree that Birdview Technologies may, under certain circumstances and without prior notice, immediately terminate your account and access to the service. Cause for such termination shall include, but not be limited to, (a) violations of these terms, (b) requests by law enforcement, (c) engagement by you in fraudulent or illegal activities. Termination of your account includes, but is not limited to, (a) removal of access to the service, (b) deletion of your password and all related information, files and content associated with your account, and (c) barring of further use of the service. Further, you agree that all terminations for cause shall be made at the sole discretion of Birdview Technologies and that Birdview Technologies shall not be liable to you or any third party for any termination of your account or access to the service.
Birdview Technologies may provide you with notices, including those regarding changes to these terms, including by but not limited to email, regular mail, telephone, or postings on the service.
Please report any violations of these terms to our Customer Support department.