Welcome to Relenta! Relenta provides its service to you subject to the following Terms of Service, conditions, and policies (collectively, the "TOS"), which may be updated by us from time to time with or without notice to you. Our Privacy Policy is hereby incorporated by reference into the TOS. You can review the most current version of the TOS at any time at: http://www.relenta.com/tos.html
Relenta is an email and customer relationship management (CRM) software application (the "Service"). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. Relenta disclaims all responsibility and liability for the availability, timeliness, security, reliability, deletion, mis-delivery, or failure to store any information, communications, or settings of the Service. Relenta also reserves the right to change, suspend, or cancel the Service with or without notice at any time and without any liability to you.
You must be at least thirteen (13) years of age to use the Service. You must provide current and accurate contact, identification, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. Relenta reserves the right to refuse the Service without notice to anyone, at any time, for any reason.
You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the TOS, including the Relenta Privacy Policy. You warrant and represent that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of data exported to or from your country of residence. You warrant and represent that you shall not, and shall not give permission to any third party to: (a) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Relenta; (b) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (c) prevent others from using the Service; (d) use the Service for any inappropriate or fraudulent purpose; or (e) act in any way that violates the Relenta Policies. Violation of any of the foregoing may result in immediate termination of the Service, and may subject you to state and federal penalties and other legal consequences. Relenta reserves the right, but has no obligation, to investigate your use of the Service in order to determine whether a violation of the TOS has occurred or to comply with any applicable law, regulation, legal process, or governmental request.
The following uses of the Service are prohibited:
Some of the Relenta services require that you purchase a subscription or otherwise pay a fee. You hereby authorize Relenta to charge your credit card in advance for all applicable fees incurred by you or on your behalf in connection with your use of the Relenta service you have chosen to use. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of your Relenta account by you or anyone else using your account. Relenta reserves the right to modify the fees charged for its services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after Relenta notifies you via email or otherwise of such modified fees.
If you notify Relenta via online contact form found within your Relenta account that you are canceling Relenta services, FEES PRE-PAID BY YOU TO RELENTA FOR ITS SERVICES WILL NOT BE REFUNDED. It is your responsibility to notify Relenta if your credit card has changed or has expired and to make appropriate changes or your service may be disconnected or interrupted.
In the event that Relenta terminates your account for violation of these Terms of Service, you will not be entitled to the return of any fees paid with respect to any such terminated account service.
You acknowledge that if you cancel any subscriptions to a Relenta service that you may not be entitled to a refund of all or part of amounts already paid by you for such Relenta subscription. You agree that (a) this Relenta's cancellation policy will be posted on Relenta website and may be changed from time to time by Relenta in its sole discretion and (b) the cancellation policy posted at the time you cancel your subscription shall govern the amount of the refund (if any) due to you.
Information about you and any content stored or transmitted by you and your agents in the course of using the Service is subject to Relenta Privacy Policy. You agree that Relenta may monitor, edit, or disclose your personal information, including the content of your emails, if required to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in TOS and the Relenta Privacy Policy. You understand that through your use of the Service you consent to the collection and use (as provided in the Relenta Privacy Policy) of this information, including the transfer of this information to the United States or any other country in which Relenta or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.
You are responsible for maintaining the confidentiality of your account login and password. You warrant and represent that you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Relenta of any unauthorized use or breach of security, and (b) ensure that you logout from your account at the end of each session. Relenta disclaims all responsibility and liability for any loss or damage arising from your failure to comply with these requirements.
You understand that all information, data, text, software, graphics, messages, files, account settings, or other data materials relating to your account ("Content"), are the sole responsibility of the person from whom such Content originated. You warrant and represent that you, and not Relenta, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise receive or make available via the Service. Relenta does not control the Content transmitted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Relenta be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Service.
You understand that Relenta, at its sole discretion, may or may not filter Content, but that Relenta and its agents and affiliates reserve the right, but have no obligation, at their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Relenta and its agents and affiliates reserve the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content posted, emailed, transmitted, or otherwise made available via the Service.
You acknowledge that Relenta may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages or other uploaded or created Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the number of users you can add to your account, and the maximum disk space that will be allotted on Relenta's servers on your behalf. You agree that Relenta has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Relenta reserves the right to disable or terminate accounts that are inactive for a period of time. You further acknowledge that Relenta reserves the right to modify these general practices and limits at its sole discretion at any time.
Relenta reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, at any time or from time to time. You agree that Relenta shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You may cancel your use of the Services and/or terminate the TOS with or without cause at any time by providing a written notice to Relenta; provided, however, that a terminated account may continue to exist for up to five business days before such cancellation takes effect. Relenta may at any time and for any reason terminate the Service or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or Content contained in your account although residual copies of information may remain in our system. If you have provided an alternate email address, Relenta at its sole discretion may or may not notify you via email of any such termination or cancellation, which shall be effective immediately upon Relenta's delivery of such notice. You agree that all terminations for cause shall be made at Relenta's sole discretion and that Relenta shall not be liable to you or any third party for any termination of your account, any associated email address, Content, or access to the Service.
You agree to hold harmless and indemnify Relenta, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorney fees, of every kind and nature. In such a case, Relenta will provide you with written notice of such claim, suit or action.
You agree that Relenta shall not be liable for incidental or consequential damages arising from any and all causes of action in any way relating to the TOS or the use of the Service.
The TOS shall be governed by the laws of the Commonwealth of Virginia other than its conflict of laws provisions. The venue for any cause of action relating to the performance or non-performance of the TOS or otherwise related to your use of the Service or any intellectual property rights contained in the Service shall be the Circuit Court of Fairfax County, Virginia or the Alexandria Division of the United States General District Court for the Eastern District of Virginia ("Designated Courts"). Each party consents to personal jurisdiction in the Designated Courts.
Rev. 04/11/2006