IBSSMail Terms of Use

Introduction to IBSSMail Terms of Use

IMPORTANT – READ CAREFULLY: These "Terms of Use" (sometimes referred to as this "Agreement") constitutes a legal agreement between you and Internet Biometric Security Systems, Inc. dba IBSSMail.com, a Nevada Corporation, ("IBSSMail," "we," or "us"). You are a customer ("Subscriber") (or will become a Subscriber if you agree to our Terms of Use by clicking below). The "Term" is the time during which you are entitled to use our website to create and send out electronic email and other digital content. If an individual purports, and has the legal authority, to sign these Terms of Use electronically on behalf of an employer or client, "you" refers to the employer or client. If not, "you" refers to the individual signing hereon. You are responsible for assuring that all the terms and conditions of this Agreement are complied with. By clicking the button to join IBSSMail, you will be agreeing to the terms of this Agreement. Furthermore, by clicking that button, after typing in your username, or other indication of your identity, you do confirm to us that typing in such indication of identity constitutes your "signing" of this Agreement for all purposes under applicable law. Any individual clicking the button on behalf of another individual or entity, listed as the Subscriber above, does hereby represent and warrant that such agreement is being made with full authority.
Use of fictitious names and identities of government political representatives and celebrities is strictly prohibited by IBSSMail. Unauthorized use will result in immediate subscription termination, subject to surveillance monitoring and reporting to law enforcement for prosecution.

IBSSMail Terms of Use

    1. Who We are: "IBSSMail" is a trade name and registered domain name of Internet Biometric Security Systems, Inc, a Nevada Corporation that owns and operates the website with the URL: http://www.ibssmail.com (the "Website").
    2. Purpose : The purpose of these Terms of Use (this "Agreement") is to set forth the terms and conditions under which you are permitted to use our email/electronic newsletter creation, distribution and management system (the "Services"). Any email, including but not limited to any email newsletters, sent out using the Services, are referred to herein as an "Email".
    3. Changes : We reserve the right to change any of the terms of this Agreement by posting the revised Terms of Use on our Website and/or by sending an email to the last email address you have given to us. Unless the Term is terminated within ten (10) days, this new Agreement will be effective immediately with respect to any continued or new use of the Services.
    4. Eligibility : We require that any Subscriber be at least eighteen (18) years of age. By using the Services, you represent and warrant that you are at least eighteen (18) years of age and that your use of the Services does not violate any applicable law or regulation. Your uploads may be deleted and your subscription may be terminated without warning, if we have reason to believe you are under eighteen (18) years of age.
    5. IBSSMail Use: You will be provided with a free 30 day free trial use of our IBSSMail Service, you will be provided with open communication privileges for 90 days. IBSSMail is a specialized electronic communication system designed for end to end biometrically encrypted email identification of both the sender and the recipient, designed to improve privacy and confidentiality in electronic communications. After the first 90 days, the IBSSMail system will only communicate with other IBSSMail subscribers. In the first 90 days, the IBSSMail electronic email communication system is designed on an open format. You will have the benefit of biometrically authenticating your own email during this period, but no assurances that the recipient of those emails will be protected from privacy from any non intended user.
    6. Promotional Period : Each subscriber will have a free 30 day no obligation trial IBSSMail account. In addition, up to 2 additional free months may be awarded to a paid subscriber for each referral whom becomes a registered subscriber, trial subscriber or paid subscriber, limited to 6 referrals with a contract extension not exceeding 12 months. Two free months credit will be added to annual paid subscriptions for each legitimate referral provided to us. Spam, illicit, or fictitious referrals will not be accepted. The promotional referral period to acquire additional free months is limited to 90 days from the date of establishment of the trial account or paid subscription, whichever comes first. At the end of the first 90 days, no additional free months will be available based upon our referral offer. Referrals my still be made by any subscriber after the 90 day initial sign up period, but no free additional month credits will be offered..
      • Trial Offer & Cancellation:: Each customer is provided an initial free 30 day free trial with an annual subscription fee. Any cancellation of services must be made before the end of the last day of the 30 day free trial period. A timely cancellation request can be made at http://support.ibssmail.com/ by submitting a ticket request at the "Help Desk" and "Select Ticket Type" "Cancellation". IBSSmail will manage all cancellations with a ticket number, date, and time log information to support and timely validate each request.
    7. Charges and Payments : Annual prepaid subscription only via our www.ibssmail.com, unless otherwise noted, or offered through a documented prepaid or free promotional offering.
    8. Annual Plans:
      • 5.1 Our charges for annual plans are posted on our Website and may be changed from time-to-time. Payments are due for the full year for which any part of the year is included in the “Term.” Payments are due for any day on the same date, or the closest date in that month, to the date of the month you signed up with us and made your first annual payment (the “Pay Date”). For any year for which you have already paid, for which you increase either your number of email addresses or the number of Emails you send out to an amount that causes you to go to another pricing level, except as otherwise provided in this Agreement, you will be required to pay at the higher level on or before the Pay Date for the following month. If the Term ends before such payment is due, you will still be required to make one payment at the higher level.
      • 5.2 As long as you are a Subscriber or have an outstanding balance with us, you agree to at all times provide us with valid credit card information and authorize us to deduct the annual charges against such credit card and to replace the information for any credit card that expires with information on a different valid credit card. Any individual using a credit card represents and warrants that he or she is authorized to use such credit card and that any and all charges may be billed to such credit card and will not be rejected.
      • 5.3 Whenever you increase the number of email addresses you are using or the number of Emails that you are going to be sending so that you are at a more expensive level, we may, at our sole discretion, require you to pay the difference in the monthly payment before the next Email is sent out.
      • 5.4 Support Services. As part of your annual subscription you will be provided with premium support service, you have the option at registration or anytime thereafter to “opt out” from premium support service to a standard support plan at a discounted rate. Support Services are defined on our website under "Customer Support Services".
    9. Refunds :
      • 5.5 We are required to provide a refund only if we terminate our Services to you without cause before the end of a month for which you have paid. Refunded amounts will be prorated from the annual subscription fee rounded to the last day of the month upon an authorized refund by IBSSMail. There is no other circumstance in which you will be entitled to a refund from us. We may, at our sole discretion, offer refunds in other situations subject to any Subscriber seeking such refund applying for the refund in accordance with the requirements we post on the website, which may be changed from time to time.
    10. Term, Termination and Removal: Either party may terminate the Term of this Agreement at any time for any reason by providing Notice to the other party. We may suspend our Services to you at any time with or without cause. We will refund a pro rata portion of your annual prepayment or reimburse you for unused Email if we terminate you without cause. We will not refund and/or reimburse you in such manner, if there is cause, such as you’re using our system to send bulk Emails to people with whom your relationship does not meet the requirements of 11(b) below. Once terminated, we may remove any of your electronic newsletters or other emails and related data and files from our Website and any other storage. Additionally, if you do not log in to your account for 12 or more months, we may deem your account "inactive" and permanently delete your account and all data associated with it.
    11. Account and Biometric Credentials: We are responsible for maintaining the confidentiality of any account name and biometric identifiers provided by you. You are solely responsible for uses of any account provided to you, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of any account of yours.
    12. Proprietary Rights Owned by Us : You acknowledge that we, or our suppliers, own all proprietary rights in the Website and the software used to provide the Services, including, but not limited to, any patents, trademarks, service marks and copyrights.
    13. Proprietary Rights Owned by You: You represent and warrant to us that you will not add or upload any content to the Website to create an electronic newsletter, or for any other purpose unless you are the owner of all proprietary rights in that content (or have been given a valid license from the owner of the proprietary rights in such content) and have obtained releases for all related privacy and publicity rights.
    14. General Rules You agree to the following:
      • You will not incorporate into your Email any text, photos, graphics or other content that is not created by you, not provided by us for you to incorporate into your Email or you are not otherwise permitted to use.
      • You will not post on the Website, including in any Emails created or sent using our Services, any misleading or incorrect name, address, email address, subject line or any other misleading or incorrect information.
      • You will not publish any material that contains sexually related text, photographs or other content, or content that is defamatory, obscene, indecent, threatening, abusive or hateful.
      • You will not share your password.
      • You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way used or downloaded from the Website.
      • You will not include in any Emails any material, including, but not limited to, text and graphics, the inclusion of which is in violation of any other party's rights, including, but not limited to, copyrights and privacy and publicity rights.
      • You will not set up multiple accounts for any individual, organization or entity or in order to send substantially similar content unless you are part of a franchise.
      • You will not import or incorporate into any emails to our servers any of the following information: Social Security Numbers, passwords, security credentials, or sensitive personal information of any kind, except for the initial registration and subscription of our IBSSMail services.
      • You will not send email messages through IBSSMail that will be delivered to recipients as text, sms, or mms messages.
    15. Anti-Spam and Abuse Related Rules:
      • Definition of SPAM: We have adopted the definition of Spam set forth on the Spamhaus website at http://www.spamhaus.org/definition.html The first line of the Spamhaus definition reads:
        The word "Spam" as applied to Email means Unsolicited Bulk Email ("UBE").
        It is a concern to us if you use IBSSMail to send any unsolicited email to anyone with whom you have no relationship. It is much more of a concern, and more likely to cause our system to be blocked by various ISP's, for you to send an unsolicited email to an entire list of people you don't know.
      • Prohibited Content and Industries
        Don't use IBSSMail to send anything offensive, to promote anything illegal, or to harass anyone. You may not send:

        • Pornography or other sexually explicit Emails
        • Emails offering to sell illegal substances
        • Emails that violate the CAN-SPAM Law

Also, there are some industries that send certain types of content that result in higher than normal bounce rates and abuse complaints, which in turn jeopardize the deliverability of our entire system. No offense intended, but because we must ensure the highest delivery rates possible for all our customers, we do not allow businesses that offer these types of services, products, or content:

        • Illegal goods or services
        • Escort and dating services
        • Pharmaceutical products
        • Work from home, Internet Lead-gen, Make money on online opportunities, etc
        • Online trading, day trading tips, or stock market related content
        • Gambling services, products or gambling education
        • Multi-level marketing
        • Affiliate marketers
        • Credit repair, get-out-of-debt content
        • Nutritional Supplements, Herbal Supplements or Vitamin Supplements
        • Pornography or nudity in content
        • Adult novelty items or references in content
        • List brokers or List rental services
        • Marketing or sending commercial email without proper permission

We make no judgments about your line of business, but we cannot afford to risk our deliverability. In fact, most ESPs like IBSSMail will not be able to help you. You will most likely need to look into setting up your own mail servers. The term to search on is “email delivery server.” There are many industrial strength MTAs to choose from with built-in delivery and reporting tools for high-volume senders.

      • Who Can Use IBSSMail

If you do not meet these eligibility requirements, you may not use the IBSSMail service:

        1. You must be at least 18 years of age, and be able to form legally binding contracts under applicable law.
        2. You must complete the registration process and agree to the terms of this Agreement. All contact information you submit must be true, complete, and up to date.
        3. IBSSMail does reserve the right to refuse service or to terminate accounts for any user, and to change eligibility requirements at any time, in its sole discretion.
      • Data Archival

Our servers store tons of data. Occasionally, we need to archive and/or delete some of it to make room for new data, so that we don’t have to keep raising prices in order to afford more and more servers. Here are our data archiving rules:

    1. A. Annual accounts or free accounts for any email that you haven't sent an email to in 12 months will be archived. Because emails change so often, it's recommended you stay in contact more frequently than every year. Sending to a one-year-old, dormant list often results in too many hard bounces, which can jeopardize the deliverability of IBSSMail for all our customers. If you want to keep your own copy of all of your data, including reports, lists, campaigns, and templates, then you can use our Export Feature, which allows you to export the information in your IBSSMail account as a .csv file. Warning depending on the size of your account exports may take a while to complete.
      • Fees, Refunds, Account Suspensions, Etc.

You agree:

      1. IBSSMail reserves the right to change our fees at any time by posting a new fee structure to our Website and/or sending you a notification of the change by email.
      2. If a user violates any of the terms of this Agreement, we reserve the right to cancel accounts, or bar access to accounts, without refund.
      3. If, for some reason, we are unable to process your credit card order, we will attempt to contact you by email and we will suspend usage of your account until your payment can be processed.
      1. You agree to pay for all emails you send from your account, even if messages are blocked by any third party (we have no control over your recipients’ email servers, ISP availability, personal spam filter settings, etc)
      2. Avoiding Spam Related Problems

 

      • Reporting Abuse

We take abuse reports seriously at IBSSMail. If you've received spam that you think came from a IBSSMail user, we want to hear about it. Please report the fact that you received spam from what appears to be a IBSSMail user to us by using this reporting page: http://IBSSMail.com/contact/abuse/

      • Report Bad Senders

Every campaign sent from IBSSMail has an embedded Campaign Tracking ID (CID) in the email’s header that makes it easy for recipients to report suspected spam. Here's how to submit a CID to our abuse desk. .

If the campaign you received does not contain a CID, it didn’t come from IBSSMail. It was probably just spoofed to look like it came from IBSSMail (something that inevitably happens to everyone online). Learn more about spoofing..

    1. No Warranties: to the maximum extent permitted by law, the material on this website and the services (including all content, software, functions, services, materials and information made available herein or accessed by means hereof) are provided as is, without warranties of any kind, either express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose.
    2. Limitation of Liability: to the maximum extent permitted by law, you assume full responsibility and risk of loss resulting from your use of the website and the services including any downloads from the website. Under no circumstances shall we or any of our employees or representatives be liable for any indirect, punitive, special or consequential damages even if we or any of our employees or representatives have been advised of the possibility of such damages. Our total liability in any event is limited to the amount, if any, actually paid by you for use of the website and the services for the one month period ending on the date a claim is made and you hereby release us and our employees and representatives from any and all obligations, liabilities and claims in excess of this limitation.
    3. Indemnity: You agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses (including, but not limited to, attorney fees) resulting from any claims not permitted under this Agreement due to a “Limitation of Liability” or other provision, that you assert, or may assert, based on or relating to your use, or the use of any individual using your password, of this Website or the Services. You further agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses resulting from claims of third parties, including, but not limited to, attorney fees, that result in whole or in part from allegations of conduct by you that, if true, would constitute a violation by you, or any individual using your password, of any of the terms of this Agreement
    4. Liquidated Damages: The parties agree that we may recover liquidated damages, in lieu of any other damages that may have been recoverable, for certain types of breaches of these Terms of Use, which we refer to as “Abusive Conduct.” Liquidated damages are being made available for specified situations in which proving the actual damages would likely be impossible. The liquidated damages are being set at a reasonable pre-estimate of the damages that would be incurred as a result of the particular type of breach. The particular type of breaches that constitute Abusive Conduct, and the liquidated damages for each type are as follows:

 

Abusive Conduct
Liquidated Damages
(a) Violations of provisions of this Agreement designed to avoid IBSSMail being viewed as a source of spam such as sending Emails to people who have not consented to receiving bulk emails from you in the immediately preceding 12 months and to whom you are not otherwise authorized to send Emails under 11(b) above; sending Emails offering the types of products or services set forth in 11(f) above; or sending Emails that include false or misleading headings or other content or otherwise violate anti-SPAM laws, i.e., laws that restrict and regulate the sending of bulk emails. Five times the total of our then current annual charges over a period of 1 year (i.e. 5 times 12 times our monthly charges), but not less than $74.75
(b) Violations of provisions of this Agreement designed to protect IBSSMail from its users taking actions to use IBSSMail's resources in a way not permitted hereunder such as using our Services to host images other than for Emails you send out using the Services such as for your website; or sending out any Emails created using the Services, other than via the Services. Four times the total of our then current annual charges over a period of 1 year, but not less than $59.80
(c) Not paying an amount due within ten (10) days after a demand by us Three times the total of our then current monthly charges over a period of 1 year, but not less than $44.85 in addition to the sum owed.

 

    1. Attorney Fees: In the event we file an action against you claiming you breached this Agreement and seeking to recover liquidated damage and/or other relief, and we prevail, we shall be entitled to recover reasonable attorney's fees in addition to any damages or other relief which we may be awarded.
    2. Disclaimers: We disclaim and are not responsible for the behavior of any advertisers, linked websites or other users.
    3. U.S. Export Controls: The software that supports the Services (the "Software") is further subject to United States export controls. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. Downloading or using any of the Software is at your sole risk.
    4. Restricted Rights : Notice to U.S. Government End Users. The Software, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable, consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Published and Unpublished rights are reserved under the copyright laws of the United States.
    5. Reporting Violations : If you become aware that any other person is violating any of the terms and conditions of this Website, please notify us immediately. If you believe that any person has posted material in violation of any copyrights that you may have, you may notify us in accordance with our Copyright Policy. If you believe that any user of this Website has posted materials in violation of any other rights that you may have, you may notify us in accordance with our Removal Policy.
    6. Assignments : You may not assign any of your rights hereunder. We may assign all rights to any other individual or entity at our discretion.
    7. Compliance With Law : In using the Services, you agree that you will comply with all applicable laws.
    8. Applicable Law and Jurisdiction : This Agreement will be governed by the laws of the State of Nevada. Except as otherwise provided in this Section below, each of the parties does hereby agree that any dispute related to this Agreement, any other agreement between the parties, the Privacy Policy or the Services, will be decided by the state and federal courts located in Clark County, Nevada and agrees that that party is subject to the jurisdiction of such courts in such locality. If, under applicable law relating to the selection of venue in Georgia, a case may not be brought in a court located in Clark County, the case may be filed in a state or federal court of competent jurisdiction located in the State of Nevada where the case may be brought.

All Subscribers to the extent they Use IBSSMail to Send Any Form of Email to Residents of the European Economic Area ("EEA") Which Is Composed of the Subscribers of the European Union ("EU") Together with Iceland, Norway and Liechtenstein)

 

      • 24. Warranties of Compliance
        • 24.1 You represent and warrant that in compiling your Email distribution list, sending Emails via the IBSSMail Services and collecting information as a result of individuals visiting your website or otherwise, with respect to your customers and potential customers who reside in the EEA, you:
      • (a) Will have clearly described, and will continue to clearly describe, in writing how you intend to use any data collected, including for sending Emails if you obtain express consent from your customers and potential customers to use the data in that manner, and include an express consent to transfer the data to IBSSMail as part of this process, and otherwise comply with whatever
      • (b) Represent and warrant that you have complied, and will comply, with all data protection and privacy laws and regulations applicable to the countries in which you are sending any form of email via IBSSMail including, for example, with respect to the United Kingdom, the Data Protection Act, and the regulations relating to the European Union Privacy and Electronic Communications Directive. In this regard, you represent and warrant that you have collected, stored, used and transferred all data relating to any individual in accordance with all data protection laws and regulations relating to the country in which such individual resides and obtained all necessary consents to enable IBSSMail to receive and process that data and forward communications to that individual on your behalf.
      • You further agree to indemnify and hold us harmless from any losses, including attorney fees, resulting from your breach of any part of the foregoing warranties.

 

      • 25. Miscellaneous
        • 25.1 Force Majeure : We shall not be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, then current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or overloading or slowdowns over the internet or any third party internet service providers.
        • 25.2 Survivability: The ownership and proprietary rights provisions set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
        • 25.3 Severability: The unenforceability or invalidity of any term, provision, section or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of this Agreement, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.
        • 25.4 Interpretation: The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.
        • 25.5 Amendments: No amendment or other change of this Agreement shall be effective except as either expressly permitted under these Terms of Use or agreed to in writing between the parties. Notwithstanding the foregoing, additional terms may be required for certain features of the Service (the "Additional Terms") The Additional Terms shall be considered incorporated into this Agreement at the time the feature is activated by you. Where there is a conflict between these Terms and the Additional Terms the Additional Terms shall control.
        • 25.6 Privacy Policy: You agree that we may access, collect, use and disclose your information as set forth in our Privacy Policy. In this regard the terms of the Privacy Policy are to be treated as if they were added to and part of this Agreement and shall be binding on all parties hereto.
        • 25.7 Further Actions: You agree to execute any and all documents and take any other actions reasonably required to effectuate the purposes of this Agreement.
        • 25.8 Notification of Security Breach: In the event of a security breach that may affect you, or individuals listed on one or more of your Email distribution lists (each a “List”), we will notify you of the breach and provide a description. In the event we reasonably determine, and notify you, that it is necessary for all or part of such information to be forwarded on to individuals on one or more of your Lists, you will promptly forward such information to the individuals on such List or Lists.
        • 25.9 Amendments: No amendment or other change of this Agreement shall be effective unless and until the revised Agreement is posted by us on the Website.
        • 25.10 Notices: Any notice to you will be effective when sent to the last email or physical address you have given us or posted on our Website. Any notice to us will be effective when delivered to us with a copy to our outside counsel or (JavaScript must be enabled to view this email address) or such replacement addresses as we may later provide on the Website.
        • 25.11 No Changes in Agreement at Request of Subscriber: Because of our huge number of Subscribers, we cannot, as a practical matter, change this Agreement for any one Subscriber or group of Subscribers. If we did that, keeping up with the changes alone would be a logistical nightmare. In addition one reason we are able to offer one of the most powerful email/electronic newsletter creation, distribution and management systems at a low price is that we are able to use this Agreement to reduce our financial risks.
        • 25.12 Entire Agreement : The terms of the Privacy Policy posted on this Website are incorporated by reference herein. This Agreement, including such policy which is incorporated by reference herein, embody the entire agreement and understanding of the parties, and supersedes all prior agreements, representations and understandings between the parties hereto, relating to the subject matter hereof.