BigResponse will be discontinued on July 1st 2012. We recommend exporting your data and moving to a new system.
Big Response (the "Services") provides a collection of tools and resources to create, launch, and manage online email marketing campaigns. The following are the terms and conditions for use of the Services, along with any amendments thereto and any operating rules or policies that may be published from time to time by Big Response.
- 1. Services and Support
1.1 The Services are provided subject to the following terms and conditions and any operating policies that Big Response may establish (the "Agreement"). Big Response may make changes to this Agreement, and continued use of the Service constitutes Customer's acceptance of any such changes. In addition, when using particular Big Response services, Customer and Big Response shall be subject to any posted guidelines or rules applicable to such Services that may be posted from time to time.
1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
1.3 The Services provide corporate web sites, small business web sites, and community sites the tools to sign up web site visitors, collect and retrieve visitor sign-up data, and develop and execute simple interactive marketing communications with visitors.
1.4 Customer must complete a registration form in order to use the Services. Customer will provide true, accurate, current, and complete information about Customer as requested in the registration form, and will update the information to keep it current. As part of the registration process, Customer will identify an e-mail address and password for Customer's Big Response account. Customer is responsible for maintaining the security of the Customer account, passwords, and files, and for all uses of Customer's account and of the Services in Customer's name. Big Response reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
- 2. Restrictions and Responsibilities
2.1 This is an Agreement for Services, and Customer is not granted a license to any software by this Agreement. Customer will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services or any software, documentation, or data related to the Services ("Software"); modify, translate, or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
2.2 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Big Response's privacy policies as published at the www.bigresponse.com Web site or otherwise furnished to Customer (the "Policy") and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). Customer may not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. Customer hereby agrees to indemnify and hold harmless Big Response against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys fees) in connection with any claim or action that arises from an alleged violation of the foregoing. Although Big Response has no obligation to monitor the content provided by Customer or Customer's use of the Services, Big Response may do so and may remove any such content or prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
2.3 For every e-mail message sent in connection with the Services, Customer acknowledges and agrees that the Services shall automatically add an identifying footer stating "Powered by Big Response" or a similar message.
2.4 In using the varied features of the Services, Customer may provide information (such as name, contact information, or other registration information) to Big Response. Big Response may use this information and any technical information about Customer's use of this web site to tailor its presentations to Customer, facilitate Customer's movement through this web site, or communicate separately with Customer. Big Response will not provide information to companies Customer has not authorized, and Big Response will not permit the companies that get such information to sell and redistribute it without Customer's prior consent.
- 3. Termination
3.1 Customer may terminate this Agreement at any time by sending an e-mail message to firstname.lastname@example.org or by sending written notice to Big Response at Suite 2, Level 9 162-166 Goulburn St, Surry Hills, NSW 2010, Australia.
3.2 Big Response may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Big Response shall have no liability to Customer or any third party because of such termination.
3.3 Upon termination for any reason, Big Response may delete any Customer archived data within 30 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability.
3.4 If Customer does not log into its account for more than 90 days, the account may become inactive. When an account is classified (at Big Response's sole discretion) as inactive, Big Response will notify Customer by e-mail. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SIGNUP CAMPAIGN RESULTS,MAY BE PERMANENTLY REMOVED FROM THE BIG RESPONSE DATABASE.
- 4. Warranty Disclaimer
CUSTOMER USES THE SERVICES AT ITS OWN RISK. BIG RESPONSE 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 BIG RESPONSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
- 5. Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR PERSONAL INJURY OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY BIG RESPONSE, BIG RESPONSE AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND PROPERTY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF BIG RESPONSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- 6. Export of Services or Technical Data
Customer may not remove or export from Australia or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
- 7. Miscellaneous
7.1 If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
7.2 Both parties agree that this Agreement is 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 this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.
7.3 No agency, partnership, joint venture, or employment is created as a result of this Agreement, and Customer does not have any authority of any kind to bind Big Response in any respect whatsoever.
7.4 In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorneys fees.
7.5 This Agreement shall be governed by the laws of the State of New South Wales Australia without regard to its conflict of laws provisions.
7.6 We reserve the right to modify our pricing and we will notify you by email when this occurs.