TERMS OF USE

Terms of Use

Acceptable Use Policy

You agree not to, and not to permit any third party (including End Users) to, use the Services:

• • • to violate, or encourage the violation of, the legal rights of others (including but not limited to infringing or misappropriating the intellectual property rights of others in violation of the Digital Millennium Copyright Act);
    • to engage in, promote or encourage illegal activity;
    • for any unlawful, invasive, infringing, defamatory, or fraudulent purpose (such as phishing, creating a pyramid scheme, or mirroring a website);
    • to distribute or propagate malicious software, viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature, or to engage in deceptive practices;
    • to interfere with or disrupt the Services or the equipment used to provide the Services for other customers, authorized resellers, or other authorized users;
    • to disable, interfere with, or circumvent any aspect of the Services;
    • to generate, distribute, publish, or facilitate unsolicited mass emails, promotions, advertisements, or other forms of solicitation (“spam”); or
    • to use the Services, or any interface provided through the Services, to access any other Mandrill Tech product or service in a manner that violates the applicable terms of service of such product or service.
      
      

You may designate one or more administrators who will have password-protected access rights to administrative account(s) (“Admin Account(s)”) for the purpose of managing the Services and to overseeing all End Users who are authorized to use the Services and have established End User Accounts. You are responsible for:

• • • maintaining the confidentiality of the Admin Account credentials;
    • designating authorized individuals to access the Admin Account(s); and
    • ensuring that all activities conducted through the the Admin Account(s) comply with the terms of this Agreement.

You acknowledge that Mandrill Tech’s responsibilities do not extend to the internal management or administration of the Services on your behalf, and that Mandrill Tech acts solely as a software provider.

Your administrators may have the ability to access, monitor, use, or disclose data made available to End Users through their End User Accounts. You are responsible for obtaining and maintaining all necessary consents from End Users to permit:

• • • Your access, monitoring, use, and disclosure of such data, and for enabling Mandrill Tech to provide you with the tools and functionality to do so; and
    • Mandrill Tech to deliver the Services as outlined in this Agreement.

You are solely responsible for responding to any request from a third-party regarding records related to an End User’s use of the Services (“Third-Party Requests”). Third-Party Requests may include lawful search warrants, court orders, subpoenas, other valid legal processes, or written consent from the End User authorizing disclosure. To the extent permitted by applicable law and by the terms of the Third-Party Request, we will:

• • • Promptly notify you of the receipt of a Third-Party Request;
    • Comply with your reasonable requests in connection with efforts to oppose a Third-Party Request; and
    • Provide you with the information or tools necessary to respond to the Third-Party Request.
      
      

You agree to make reasonable efforts to obtain the required information on your own before contacting us. We will provide assistance only if you are unable to reasonably obtain such information independently .