DocuMatix Terms of Service
Effective Date: 09/14/2020
1. Email System
The DocuMatix Email System you have licensed, or are licensing to use ("Email System") is operated and maintained by Marquis which encourages you to responsibly build and send emails to meet your business needs. However, it is inappropriate to put any offensive, pornographic or hateful material, or any other material that is inconsistent with the United States CAN-SPAM Act of 2003. Certain types of content are not permitted on your emails at all, and Marquis reserves the right to terminate service, and/or deliver your emails from a non-SafeList IP address for any customer that attempts delivery containing such content.
2. General Use
You promise that you will not use the Email System, in whole or in part, for any purpose that is immoral, unlawful or prohibited by these Terms of Service or the DocuMatix Software License Agreement. You shall not use the Email System in any manner which could damage, disable, overburden, or impair the Email System or interfere with any other party's use and enjoyment of the Email System.
3. Email Recipient Consent
You promise that you will only send to email addresses that are permission based, and have obtained that permission by one or more of the following ways:
a. Email Owner gave their express permission by signing up via a Single or Double Opt-In Web Page.
b. You have either implicit or explicit permission from Email Owner
c. Email Owner has a pre-existing and/or existing business relationship with you
d. Email Owner is required to receive emails as part of a service or product that they have directly enrolled in or purchased.
e. Any other manner that would constitute permission as governed by the United States CAN-SPAM Act of 2003.
Marquis encourages you to utilize the Email System for sending your emails to your members/customers, but sending unsolicited e-mails, spam, offensive emails, or emails to rented or purchased lists, is strictly prohibited. If Marquis becomes aware of you sending an unsolicited email, spam or offensive email, Marquis may at their discretion discontinue service and/or deliver your emails from a non-SafeList IP address. By using the Email System you hereby agree that you accept this Anti-Spam Policy. Your violation of this Anti-Spam Policy may lead to complaints against you. You hereby agree to indemnify and hold Marquis (including each of their respective officers, directors, founders and others affiliated with it) harmless from any and all expenses, damages, fines, and other liability it may be held responsible for as a result of Your Use (defined below under General Conduct) of the Email System. For the purposes of these Terms of Service, "Your Use" includes but is not limited to any use of the Email System through your account. In the event Your Use directly or indirectly causes spam complaints that directly and negatively affect Marquis and/or their customer base then Marquis may at its discretion (after validating the email was in fact spam) discontinue service and/or deliver your emails from a non-SafeList IP address. This section (and, specifically your obligation to indemnify) shall survive termination of these Terms of Service and/or this Agreement.
5. General Conduct
You hereby guarantee the accuracy, integrity and quality of any Content posted or delivered via the Email System through your account. You agree to not post, upload or otherwise transmit:
a. any content related to inappropriate subject matters or content which is misleading;
b. any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
c. any content that you do not have a right to post and transmit under any law or contractual/fiduciary relationships;
d. any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
e. any materials that contain 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;
f. any materials which imposes an unreasonable large load on our infrastructure;
g. any content that is harmful to minors;
h. any content that intentionally or unintentionally violates any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities Exchange Commission, any rules of 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;
i. content that is misleading or impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
j. content with manipulated, forged or disguised identifiers;
k. content promoting harm or providing instructional information about illegal activities;
l. content that might be considered "spam."
Marquis reserves the right at any time to modify these Terms of Service as required by United States Spam Laws and/or the ReturnPath SafeList Program. Upon written notification of modifications continued use of the Email System shall signify consent to and acceptance of any such modifications. If you do not agree with any of the terms, as amended, either now or in the future, you agree to terminate your account, and/or request in writing to have all emails be delivered from a non-SafeList IP address. No term or provision of these Terms of Service shall be deemed waived and no breach excused, unless such waiver or excusal shall be in writing and signed by Marquis. Any consent by Marquis to, or waiver of, a breach by you, whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for, any other breach or any subsequent breach, except as may be expressly provided in the waiver or consent.
In order to deliver emails on the behalf of Licensee, Marquis requires Licensee to create a sub-domain and point the A record of the sub-domain to DocuMatix servers. If Licensee implements HSTS or HTTPS on their corporate web site it will affect the sub-domain pointed to DocuMatix servers, in order for DocuMatix to continue to deliver emails, an SSL certificate must be purchased on behalf of Licensee. In order for the SSL certificate to be purchased Licensee must approve the purchase. To cover the cost of, and the management of the SSL certificate, Licensee will be charged a fee to purchase the certificate and programing time.