Last change: 2008 Feb 21

Acceptance of Terms

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.

Usage

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:

• The recipient has opted-in to you specifically.
• You have a prior business relationship with the recipient.

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:

What does opted-in mean?

A recipient is opted-in if they have explicitly expressed consent to receive your emails. It represents an active, willful choice by the recipient. This criterion is normally fulfilled automatically when a consumer visits a site hosted by Birdview Technologies and completes a request form there.

Is "not opted-out" the same as opted-in?

No. Failing to opt-out is not considered opting-in, and does not constitute sufficient permission to email the recipient.

Can I send email to addresses from a purchased list or gathered from other web sites?

No. Purchased or web-scraped lists of any kind are not allowed. Recipients must be opted-in to you specifically.

What constitutes a prior business relationship?

You have a prior business relationship with a recipient if they have had previous business dealings with you, have requested information from you in the past, or had some other offline contact with you. Sending them unsolicited emails in the past does not constitute a prior business relationship.

Conduct

You agree to not use the service to:

• transmit any content that is unlawful, threatening, abusive, offensive, harassing, obscene, hateful or otherwise objectionable;
• impersonate any person or entity;
• forge message headers or otherwise misrepresent the origin of the content;
• disrupt the operation of the service hosting equipment or otherwise interfere with any other person's use of it;
• relay email through a third party without that third party's permission;
• email a recipient that has requested you no longer do so;

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)
In addition, the sending of unsolicited email via another service provider (whether or not that action violates the provider's Terms of Use) which advertises a website, email address, or other service hosted by Birdview Technologies is prohibited, and the provisions of this policy shall apply as if the email had been sent through our servers.

Audit

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.

Indemnity

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.

Termination

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.

Notification

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.

Violations

Please report any violations of these terms to our Customer Support department.