Date of Last Revision: September 1, 2011
Welcome to NutshellMail.com (the "Site"), which is owned and operated by Constant Contact, Inc. ("NutshellMail") and provides the following services (the "Services"):
Use of the Services is subject to the following Terms of Service ("TOS"), which may be revised at any time by NutshellMail with or without notice. Any revisions of these TOS shall be effective upon posting to the Site. Continued use of one or more of the Services constitutes binding acceptance of any changes to these TOS.
The most current version of these TOS is always available at the Site.
Unless explicitly stated otherwise herein, any new features that augment or enhance the current Services are subject to these TOS. NutshellMail may also offer products or functionality other than the Services. These TOS may or may not apply to such other matters as may be indicated on the Site or otherwise.
For purposes of these TOS, the following terms shall apply:
The sending and/or receiving of Messages via one or more of the Services evidences complete and unqualified acceptance of these TOS, which creates a binding contract respecting use of the Services.
NutshellMail reserves the right to modify, revise, suspend or discontinue the Services in whole or in part, either temporarily or permanently, with or without notice, and NutshellMail is not obligated to support or update the Services in any manner. NutshellMail shall have no liability to anyone if it exercises its unfettered right to modify, revise, suspend, or discontinue the Services at its sole discretion.
Access to and use of the Services are at the sole discretion of NutshellMail, and the rights granted herein constitute a limited, non-exclusive license to access and use the Services per these TOS. This license may be suspended, revoked or terminated by NutshellMail either temporarily or permanently at any time with or without notice.
The Services permit users to retrieve Messages in a single e-mail account from multiple third-party e-mail and/or social networking accounts that are delivered via third-party e-mail or social networking service providers based on the e-mail or social networking account addresses, usernames, and/or passwords of the Recipient that are registered through NutshellMail.
The content of Messages do not reflect the opinions of NutshellMail and NutshellMail neither represents nor endorses the legality, accuracy, timeliness, quality or reliability of any advice, opinion, statement, information or other matter displayed or transmitted via the Services by Users, advertisers or other third parties. Any reliance upon any such information is entirely at the User's sole risk.
NutshellMail assumes no responsibility or liability of any nature whatsoever for:
Users agree that all content transmitted via the Services is the sole responsibility of the person from whom such content originated, and as a result, Users (and not NutshellMail) are solely responsible for all content that Users transmit or attempt to transmit via the Services.
Users understand that by using the Services, Users could be exposed to content in Messages that Users might consider to be offensive or objectionable. Under no circumstances is NutshellMail liable in any way for the content of any Messages.
NutshellMail does not monitor, review or control the content of the Messages and has no obligation to do so, but reserves the right to do so at any time with or without notice to Users.
NutshellMail may edit, remove altogether or refuse to send or deliver all or part of any Message, which at NutshellMail's sole discretion, is or could be in violation of these TOS, any email service providers' policies, or any applicable law.
Additionally, NutshellMail reserves the right, at its sole discretion, to:
In no event whatsoever may a User use the Services to:
To the extent permitted by applicable law, Users acknowledge and agree that NutshellMail may, at its sole discretion, make and preserve copies of any and all Messages for internal back-up and other legal or business purposes.
NutshellMail may publicly disclose the identity or other information of any User violating these TOS and/or disclose the content of any Messages sent via the Services, when NutshellMail believes in good faith that such disclosure is required by law or is necessary to protect the rights or property of NutshellMail, its partners, employees, investors, advertisers, other Users or third parties.
Users understand that delivery of Messages via the Services may involve transmissions over various networks, and that the Messages could be reformatted or otherwise revised to conform to the formatting or technical requirements of such networks. Users further understand and agree that Messages exceeding maximum character limitations may be truncated, abbreviated, reduced or otherwise abruptly cut short.
Users agree that NutshellMail, at its sole discretion, may establish general practices and limits concerning use of the Services, including without limitation the maximum number of Messages that may be sent or received by a User and/or the maximum size of any Message that may transmitted via the Services.
Users agree that NutshellMail has no responsibility or liability whatsoever for the failure to transmit any Message via the Services, and accordingly, NutshellMail does not guarantee that a Message will be delivered as intended or desired by a User.
More specifically, but without limitation, the Services is not intended for trading or investing purposes, nor for life-saving or other vitally important correspondence, and NutshellMail shall not be responsible or liable for any decisions, indecisions, actions or inactions taken by Users based on such information or the failure of delivery of any information.
Any complaints concerning the content of any Messages delivered via the Services should be sent directly via e-mail to NutshellMail from NutshellMail's Contact Us or About pages.
NutshellMail does not authorize the use of its network to accept, transmit or distribute unsolicited bulk e-mail sent from the Internet to Users. In addition, Internet e-mail sent or attempted to be sent through NutshellMail's network that contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing will be deemed to be counterfeit. Any attempt to send or cause such counterfeit e-mail to be sent via NutshellMail's network is unauthorized. Similarly, any Messages that is relayed from any third party's mail servers without the permission of that third party, or which employs similar techniques to hide or obscure the source of the Message, is also an unauthorized use of NutshellMail's network. NutshellMail reserves the right without notice to take all measures of any nature (whether legal, mechanical or otherwise) to prevent unsolicited bulk e-mail and/or other unauthorized e-mail from entering, utilizing or remaining within NutshellMail's network. Nothing in this policy is intended to grant any right to transmit or send Messages to, or through, NutshellMail's network except as may be otherwise stated in these TOS. NutshellMail's failure to enforce this policy in any instance in which it might have application does not amount to a waiver of NutshellMail's rights. Unauthorized use of NutshellMail's network related to the transmission or attempted transmission of unsolicited bulk e-mail or counterfeit e-mail may result in civil and criminal penalties against the sender, including those provided by the
NutshellMail does not authorize the use of its network to gain unauthorized access, directly or indirectly, to NutshellMail's computer systems or a third party's computer systems.
NutshellMail does not authorize the use of its network to interfere with another User's use or enjoyment of the Site or its Services.
Currently, there is no charge for Users to use the Services.
Notwithstanding the above, NutshellMail reserves the right at any time to charge or increase fees for access to and/or use of all or any portion of any of the Services, including elimination of the Basic Services altogether.
If NutshellMail elects to implement or increase charges for using all or a portion of the Services, it shall post notice on the Site or otherwise notify Users prior to or contemporaneously with initiating such charges (or thereafter making any changes to the charges). In such case, a User's privilege to use the Services is subject to prompt payment of any such charges and acceptance of any and all other terms and conditions mandated by NutshellMail respecting the Services.
Requests to upgrade, downgrade, or customize the Services to be received may be made at anytime, however, the requested changes will be made effective within approximately three (3) business days from the date of NutshellMail's acceptance of the request.
Absent a written agreement between you and NutshellMail stating otherwise, Users may request to cancel the Services or any part thereof, at anytime upon written notice to NutshellMail, provided, however, that:
You must register for a membership in order to access the Services. When completing the registration form, you represent and warrant that you will provide true, accurate, and complete information, and that you will maintain and promptly update this information. If you provide any information that is untrue, inaccurate, or incomplete, or NutshellMail has reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, NutshellMail has the right to suspend or terminate your membership and access to the Service without any liability to you.
You may receive a login name and a password upon completing the registration process. You are responsible for maintaining the confidentiality of your password and login name, and are responsible for all activities that occur with your password and login name, including fees incurred and all purchases made by your membership on the Service. You will immediately notify NutshellMail of any unauthorized use of your membership or any other breach of security.
You must be 18 years of age or older to register as a User. By registering as a User, you represent and warrant that you are 18 years of age or older.
NutshellMail reserves the right to send Messages to any and all Users to inform them of:
Nothing in this provision shall require or obligate NutshellMail to send such notice if no notice is required or mandated elsewhere in these TOS.
In order to retrieve a Message via the Services, Recipients must have access to a valid e-mail or social networking account. Users are solely responsible for paying any third-party fees associated with such third-party networks.
The Site and Messages may contain links and/or pointers to websites or Internet resources maintained by others, including but not limited to advertisers and partners of NutshellMail (the "Third Party Sites").
Users acknowledge and agree that NutshellMail has not reviewed and does not monitor or endorse the Third Party Sites that are linked to or made available through the Services or the Site, and NutshellMail is not responsible for the quality, content, availability or any other aspect of such Third Party Sites, including but not limited to any goods, products or services offered at or by these Third Party Sites.
Users further acknowledge and agree that NutshellMail is not responsible or liable, directly or indirectly, for any actual or alleged damage or loss in connection with use of (or reliance on) any information, goods, products, services or other matter that is available on or through any of the Third Party Sites.
Users agree that any problems experienced regarding any Third Party Sites shall be addressed to the site administrator or webmaster of the applicable Third Party Sites, and not to NutshellMail.
Each User represents and warrants that:
NutshellMail reserves the right to deny, suspend or terminate access to or use of the Services (without prior notice) if NutshellMail, at its sole discretion, believes that a User is or could be:
Users agree to indemnify, defend and hold harmless NutshellMail and its related companies (including without limitation their officers, directors, employees, consultants, shareholders, agents, service providers, affiliates, co-branders, partners, vendors, professional advisors, customers, licensors and licensees) from and against any and all claims, suits, liabilities, damages, demands and/or costs of any type and nature (whether actual or alleged, known or unknown, suspected or unsuspected, or disclosed or undisclosed), including without limitation reasonable attorneys' fees and court costs, arising from or in any way related to:
In addition, in the event that NutshellMail is required to respond to a third party or law enforcement subpoena that is related to use of the Services by a User, NutshellMail may in its sole discretion require such User to reimburse NutshellMail for its reasonable expenses associated with complying with such subpoena.
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. NUTSHELLMAIL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND NUTSHELLMAIL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
USERS ARE SOLELY RESPONSIBLE FOR USE OF THE SERVICES IN COMPLIANCE WITH THE LICENSE AND/OR TERMS AND CONDITIONS OF SERVICE AS MANDATED BY THEIR RESPECTIVE E-MAIL AND/OR SOCIAL NETWORKING PROVIDERS, AND NUTSHELLMAIL SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR A USER'S BREACH OF SUCH THIRD PARTY LICENSES, TERMS AND/OR CONDITIONS ARISING FROM USE OF THE SERVICES OR OTHERWISE.
NUTSHELLMAIL MAKES NO WARRANTY THAT:
ALL MATTER OBTAINED BY USERS VIA THE SERVICES IS DONE AT A USER'S OWN DISCRETION AND RISK, AND USERS ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO A USER'S COMPUTER SYSTEM (OR OTHER HARDWARE) OR LOSS OF DATA THAT MAY RESULT FROM USE OF THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NUTSHELLMAIL OR FROM THE SERVICES OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY STATED IN THESE TOS.
NUTSHELLMAIL MAKES NO WARRANTY WHATSOEVER REGARDING ANY GOODS, PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES, THE SITE OR THE THIRD PARTY SITES.
NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NUTSHELLMAIL IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH HEREIN.
If dissatisfied with any aspect of the Services, or with any of the terms or conditions of these TOS or other policies issued by NutshellMail, a User's sole and exclusive remedy is to discontinue accessing and using the Services, even if such remedy is found to fail of its essential purpose.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL NUTSHELLMAIL OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "NUTSHELLMAIL") BE LIABLE TO USERS OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF NUTSHELLMAIL SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, NUTSHELLMAIL IS FOUND LIABLE TO A USER FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF NUTSHELLMAIL TO SUCH USER ARISING IN CONNECTION WITH THESE TOS SHALL BE LIMITED TO THE AMOUNT THE USER PAID FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY NUTSHELLMAIL TO SUCH USER IN THAT TWELVE (12) MONTH PERIOD.
ANY CLAIM ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THESE TOS MUST BE FILED WITHIN ONE (1) YEAR OF THE EVENT GIVING RISE TO SUCH CLAIM OR BE BARRED FOREVER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO SOME USERS.
Copyright © 1996-2011 Constant Contact, Inc. All Rights Reserved.
This web site, and the information which it contains, is the property of Constant Contact, Inc. and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “NutshellMail,” “Constant Contact” and the Constant Contact logo are registered trademarks of Constant Contact, Inc. under the applicable laws of the United States and/or other countries. Other Constant Contact, Inc. product or service names or logos appearing in this web site are either trademarks or registered trademarks of Constant Contact, Inc. and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of Constant Contact, Inc.’s trademark or other intellectual property rights concerning that name or logo.
Users may not, without express prior written permission from NutshellMail:
Use of the Services does not create a license or any other intellectual property or proprietary rights in NutshellMail's trademarks, trade names, service marks, logos, copyrights or patents, all of which shall remain the sole, perpetual and exclusive property of NutshellMail.
In recognition of the global nature of the Internet, Users agree to comply with all local rules where a User resides regarding online activities and e-mail. More specifically, but without limitation, Users agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which a User resides. The Services are controlled and operated by NutshellMail from its offices within the United States and NutshellMail makes no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so on their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations.
NutshellMail respects the intellectual property of others, and requires Users to do the same.
If another User transmits materials that infringe the copyrights or other intellectual property rights of a third party, Users may request removal of those materials (or access thereto) from this web site or the Services by contacting NutshellMail’s copyright agent (identified below) and providing the following information:
NutshellMail's agent for copyright issues relating to this web site and the products is as follows:
Constant Contact, Inc.
1601 Trapelo Road
Waltham, MA 02451
Phone: (781) 472-8100
Fax: (781) 472-8101
In an effort to protect the rights of copyright owners, NutshellMail maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.
This web site contains "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995 regarding Constant Contact, Inc. These forward-looking statements regarding Constant Contact, Inc. are made as of the date they were first issued and were based on current expectations, estimates, forecasts and projections as well as the beliefs and assumptions of Constant Contact, Inc. management. Words such as "expect," "anticipate," "should," "believe," "hope," "target," "project," "goals," "estimate," "potential," "predict," "may," "will," "might," "could," "intend," variations of these terms or the negative of these terms and similar expressions are intended to identify these forward-looking statements. Forward-looking statements are subject to a number of risks and uncertainties, many of which involve factors or circumstances that are beyond Constant Contact, Inc.’s control. Constant Contact, Inc.'s actual results could differ materially from those stated or implied in forward-looking statements due to a number of factors, including those risk factors contained in documents that may be filed by Constant Contact, Inc. from time to time with the Securities and Exchange Commission, including but not limited to Constant Contact, Inc.'s Annual Report on Form 10-K and Quarterly Reports on Form 10-Q. Past performance is not necessarily indicative of future results. Constant Contact, Inc. undertakes no intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
If any provision of these TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these TOS will otherwise remain in full force and effect and enforceable.
NutshellMail and you agree that these TOS are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these TOS, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under these TOS or existing at law or equity shall be considered a waiver of such right or remedy.
No agency, partnership, joint venture, or employment is created as a result of these TOS, and you do not have any authority of any kind to bind NutshellMail in any respect whatsoever.
In any action or proceeding to enforce rights under these TOS, the prevailing party will be entitled to recover its costs and attorneys' fees.
These TOS shall be governed by the laws of the Commonwealth of Massachusetts, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with these TOS shall be brought in the state or federal courts located in Boston, Massachusetts. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these TOS.
All rights and remedies granted to NutshellMail hereunder are cumulative and shall be in addition to any other rights or remedies that NutshellMail may have at law or in equity.
Except as may be expressly stated otherwise in these TOS, there are no third party beneficiaries to these TOS.
The titles of the paragraphs of these TOS are for convenience only and have no legal or contractual effect.
NutshellMail reserves the right, in its sole discretion, to take action that it deems appropriate for violations of these TOS, including but not limited to terminating your access to the Site and/or the Services, filing of criminal charges against you, or initiating a civil action against you.
Correspondence concerning the Services or the web site or known or suspected violations of these TOS should be sent to NutshellMail via e-mail from NutshellMail's Contact Us or About pages, or in the case of a particular circumstance noted herein, to the e-mail address specified in these TOS for such circumstance.