TERMS OF USE

Last Updated: October 22, 2018

Please read these Terms carefully. By using BlackBox or signing up for an account or using an account we have set up for you, you’re agreeing to these Terms, which will result in a legal agreement between you and Indiemark (“Agreement”).

We’ll start with the basics, including a few definitions that should help you understand these Terms. BlackBox (“BlackBox,” “Indiemark,” “we,” or “us”) among other things is an online platform (the “Service”) offered through the URL app.blackbox.email (we’ll refer to it as the “Website”) that allows you to, among other things, identify email addresses that have been determined by us to be detrimental to list health and email sending reputation. Indiemark, the company that owns BlackBox, is a South Carolina limited liability company whose legal name is Indiemark LLC. Indiemark has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this Agreement (or “you”).

These Terms of Use (“Terms”) define the terms and conditions under which you’re allowed to use the Service in accordance with the Agreement, and how we’ll treat your account while you’re a Member. If you don’t agree to these Terms, you must immediately discontinue your use of the Service.
If you have any questions about our Terms, feel free to contact us.

Account

1. Eligibility
In order to use the Service, you must:
1. be at least eighteen (18) years old and able to enter into contracts;
2. agree to these Terms;
3. provide true, complete, and up-to-date contact and billing information; and
4. not be based in any country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country.

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.

Indiemark may refuse service, close accounts of any users, and change eligibility requirements at any time.

2. Term
When you first sign up for or use the Service and agree to these Terms, the Agreement between you and Indiemark is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have an account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for the Service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

3. Closing Your Account
You or Indiemark may terminate the Agreement at any time and for any reason by terminating your Indiemark account or giving notice to the other party. We may suspend the Service to you at any time, with or without cause. If we terminate your account without cause, and your account is a paid account, we’ll refund a prorated portion of your monthly prepayment. We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the Agreement. If your account is inactive for 24 or more months, we may terminate the account.

4. Changes
We may change any of the Terms by posting revised Terms of Use on our Website and/or by notifying you of the new Terms by sending an email to the last email address you gave us or displaying prominent notice within the Service. Unless you terminate your account within 10 days, the new Terms will be effective immediately and apply to any continued or new use of the Service. We may change the Website, the Service, or any features of the Service at any time, and we may discontinue the Website, the Service or any features of the Service at any time.

5. Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that Indiemark is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.

Payment

6. Monthly Plans
When you sign up for a Monthly Plan, you agree to recurring billing. Billing occurs on the same day each month, based on the date that you started the Monthly Plan. Billing for Monthly Plans may be paused, and you may choose to close your account permanently at any time.

Our charges for Monthly Plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”).

7. Credit Cards and PayPal
As long as you’re a Member with a paid account or otherwise have an outstanding balance with us, you’ll provide us with valid credit card information or active PayPal subscription and authorize us to deduct the monthly charges against that credit card or PayPal account. You’ll replace the information for any credit card that expires with information for a valid one. If your credit card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we’re authorized to deduct any charges on your account against the new credit card. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.

8. Refunds
We’ll give you a refund for a prepaid month if we stop providing the Service and terminate your account without cause. You won’t be entitled to a refund from us under any other circumstances. We may, at our sole discretion, offer a refund if a Member requests one.

9. Fee Changes
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email. Quoted fees don’t include sales or other transaction-based taxes of any kind.

Rights

10. Proprietary Rights Owned by Us
You will respect our proprietary rights in the Website and the data or database used to provide the Service (proprietary rights include, but aren’t limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property).

11. Proprietary Rights Owned by You
You represent and warrant that you either own or have permission to use all the data, and information (including your personal information and the personal information of others) you submit to us in the course of using the Service (“Data”). You retain ownership of the Data that you upload to the Service. We may only use your Data (including any personal information therein) as described in these Terms.

Rules and Abuse

12. Compliance with Laws
You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (collectively, “EU Data Privacy Laws”), United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or other laws that apply to commerce.

You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this section.

Liability

13. No Warranties

To the maximum extent permitted by law, we provide the Website and the Service as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Website and/or Service, either express or implied. This includes, but isn’t limited to, warranties of merchant-ability and fitness for a particular purpose, which are to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.

14. Indemnity
You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) your Data, (b) your use of the Service, (c) your violation of any laws or regulations, (d) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (e) any misrepresentations made by you, or (f) a breach of any representations or warranties you’ve made to us.

15. Legal Fees and Expenses
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.

16. Equitable Relief
If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

17. Subpoena Fees
If we must provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

18. Disclaimers
We and our Team aren’t responsible for the behavior of any third parties, linked websites, or other Members.

Fine Print

19. Assignments
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

20. Choice of Law
The State of South Carolina’s laws, except for conflict of laws rules, will apply to any dispute related to the Agreement or the Service. Any dispute related to the Agreement or the Service itself will be decided by the state and federal courts in Aiken County, South Carolina, and each party will be subject to the jurisdiction of those courts.

21. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.

22. Survivability
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

23. Severability
If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.

24. Interpretation
The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect the way the Agreement is interpreted.

25. Amendments and Waiver
Amendments or changes to the Agreement won’t be effective until we post revised Terms on the Website. If we don’t immediately act on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

26. No Changes in Terms at Request of Member
Because we have so many Members, we can’t change these Terms for any one Member or group.

27. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

28. Notification of Security Breach
In the event of a security breach that may affect you or anyone on your lists (each a “List”), we’ll notify you of the breach once we have determined, in our discretion, that it occurred and will provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do so.

29. Notices
Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel.

30. Entire Agreement
The Agreement makes up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings.

Thanks for taking the time to learn about Indiemark’s policies.