Terms of Service

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

Rushmore Register services are provided by Rushmore Technologies, 8 Tite Street, London SW3 4HZ, UK. The services offered at www.rushmore-digital.com ("Rushmore") are provided to you under the terms and conditions of this Rushmore Terms of Service ("ETS"), and any operating rules or policies that may be published by Rushmore at the URL: www.rushmore-digital.com (the "Service"). BY COMPLETING THE REGISTRATION PROCESS, OR USING RUSHMORE SERVICES, THE USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use RUSHMORE as long as you adhere to these Terms of Service.

2. SERVICES VOID WHERE PROHIBITED

Use of the Services is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.

3. ACCESSING THE SERVICES OF THE SITE

You are required to register with Rushmore prior to using the services of the site. In order to register with Rushmore you must supply a valid email address, which will be used as a unique identifier for your account, and a password. You may also add additional users to your account by completing the additional user registration form. Any additional users of your account will be bound by the terms of this ETS.

4. CONTENT

You are solely responsible for any data, text, software, music sound, photographs, graphics, video, messages, files or other materials ("Content") which is transmitted, posted, or distributed by you through the Service, including but not limited to the contents of your e-mail communications, information, photos or images posted by you on your event pages. All Content posted by you, is your sole responsibility. Rushmore does not control the Content posted by users such as yourself via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. By using the Rushmore Service you understand and agree that you may be exposed to Content posted by other users that may be offensive, indecent or objectionable. Under no circumstances will Rushmore be liable in any way for any Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service.

5. COPYRIGHT POLICY/INFRINGING MATERIAL

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights.

6. NO "SPAMMING"

You must not use any feature of the Rushmore Service for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by Rushmore. If you use any feature of the Rushmore Service for the purpose of sending Spam, Rushmore reserves the right to immediately terminate your access to the Rushmore Service and to seek appropriate legal recourse as necessary. If you believe that other users are using the Rushmore Service for Spam, please notify Rushmore using the Customer Support Form, by flagging any posting that appears to be Spam for Rushmore's review, or by emailing Rushmore at abuse@rushmore-digital.com.

7. NOTICES

Rushmore may give notice to you by e-mail, a posting on the Rushmore web site, or other reasonable means. You must give notice to Rushmore in writing via e-mail or as otherwise expressly provided by Rushmore. Rushmore may broadcast, distribute or display notices or messages through the Rushmore Service to inform you of changes to the ETS, the Service, the Privacy Policy or other matters of importance. Such broadcast, distributions or displays of information shall constitute notice to you.

8. PRIVACY POLICY

It is Rushmore's policy to respect the privacy of its users. Rushmore's policies with regard to personally identifiable information it collects from you, what information third parties affiliated with Rushmore collect from you and how that information is used is governed by the Rushmore Privacy Policy, which you can access here: Privacy Policy

9. DATA

Rushmore will hold your personal account information for as long as you use the service and remove it when you discontinue use of the service. Guest information/registration data will be held by Rushmore for 3 months after the event date has passed. It will then be removed. Rushmore may disclose information, including your identity (or whatever information we may know about you) that it deems necessary to satisfy any applicable law, regulation, code, legal process or government request.

10 YOUR DISTRIBUTION LISTS

Your recipient lists are stored on a secure Rushmore server. We do not, under any circumstances, steal your lists, contact people on your lists, market to people on your lists, sell your lists, or share your lists with any other party, except as required by law or, regarding contacting, except in response to a complaint or other communication directly from an individual on one of your lists. Only carefully selected, authorized personnel have access to view Distribution Lists. We do not hold your lists hostage. We do not make it difficult for you to reclaim them. You may export (download) your lists from Rushmore at any time so long as we have a copy.

We will use and disclose the information in your Distribution Lists only for one or more of the following purposes:

1. To help enforce compliance with our Terms of Use and applicable law including, but not limited to, helping to create white lists and black lists, to develop and test algorithms, heuristics and other methods and tools for detecting violations, and to apply those methods and tools.
2. To bill and collect sums owed to us.
3. To protect the rights and safety of us and our employees, Clients, owners, officers and others.
4. To meet legal requirements such as complying with court orders and valid subpoenas.
5. To prosecute and defend a court, arbitration or similar proceeding.
6. To support and improve the services we offer including adding features and providing benchmarking and other comparison information based on aggregating and analyzing data.
7. To transfer your information in the event of the sale of all, or substantially all, of the assets of our business to a third-party or in the event of a merger, consolidation or acquisition. However, in such event, any acquirer will be subject to our obligations under this Privacy Policy.
8. To provide information received hereunder to representatives and advisors such as attorneys and accountants to help us comply with legal and other requirements.
9. To provide customer support and obtain feedback about our Services, but only for and from the Client whose Personal Information and User Data are being used.

11. SECURITY

You are solely responsible for maintaining the confidentiality of your password and account. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available on your account settings page. You agree to notify Rushmore immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform Rushmore of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a User Account or password. Until Rushmore is notified by email of a breach in security, you will remain liable for any unauthorized use of the Rushmore Service through your account. In consideration for using the Rushmore Service, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration is inaccurate, Rushmore reserves the right to terminate your account immediately and your right to use the Rushmore Service.

12. CONTENT OF EMAIL CAMPAIGNS

When you send email marketing, it bounces around from server to server as it crosses the Internet. Along the way, server administrators can read what you send. Email was never built for confidential information. Never send anything in an email that you wouldn't put on a postcard. If you have something confidential to send, do not use Rushmore Service.

We sometimes review the content of the Email Campaigns of our Clients to verify compliance with our Terms of Use. In this regard, we have software with algorithms to help us find email campaigns that may be in violation of our Terms of Use. We then have employees or independent contractors review those particular Email Campaigns. This practice benefits all Clients who are in compliance with our Terms of Use because, among other things, it reduces SPAM being sent through our servers which helps to ensure high deliverability.

11. ABUSE OF THE SERVICE

Use that constitutes abuse shall be determined by Rushmore in its sole discretion. Rushmore reserves the right to terminate your account if Rushmore determines you have not complied with this ETS.

Here are the measures we take to prevent or combat abuse of Rushmore

1. Most importantly, a person at Rushmore must approve all new accounts before they're allowed to use Rushmore Service and send campaigns. Our staff uses different criteria to evaluate email campaigns templates to prevent using Rushmore services for spam distribution. 2. We require all Clients to agree to our Terms of Use before they start using Rushmore Service, and again before they can import any existing customer lists into their accounts. 3. For customers who are "starting from scratch" with Rushmore (and have no lists of customers to import), we leave to their responsibility to distribute the link to the registration form 4. For each and every list customers setup in Rushmore, they must submit their physical mailing address, plus a Permission Reminder ("you are receiving this email because you subscribed at..."). That information is inserted into their campaigns for them. 5. We automatically insert a one-click unsubscribe link in every campaign sent from our system. 6. All lists managed on Rushmore are manualy cleaned of soft bounces (on the 5th campaign attempt) and hard/undeliverable bounces are cleaned in the same day.

Dealing With Issues:

1. We embed every single email campaign sent from our servers with a Campaign ID so that recipients can easily report abuse to Rushmore. When we receive complaints via our support email, they are immediately investigated. If the campaign or user account appears suspicious in any way, the account is suspended during the investigation.
2. We check major anti-spam authorities to receive feedback alerts when any of our users' recipients report abuse. When we're able to parse those alerts, we remove the recipient from our user's list. If the reports exceed a certain threshold, we send a warning to our client. If the warnings exceed a reasonable threshold, we suspend the client's account and investigate. Most ESPs and ISPs will tell you a reasonable threshold for abuse complaints is 0.1% (1 out of a thousand people reported your campaign as junk). Because of the sheer volume of emails sent from our IPs, and because most of our IPs are shared across multiple clients, our threshold is actually much more strict.

12. USER CONDUCT

Rushmore reserves the right, but does not assume the responsibility, to monitor or review your conduct on the Rushmore Service. Your use of the Rushmore Service is subject to all applicable local, state, national and international laws and regulations. In using the Rushmore Service you agree not to:

  • Use the Rushmore Service for illegal purposes;
  • Interfere or disrupt networks connected to the Rushmore Service or violate the regulations, policies or procedures of such networks;
  • Use the Rushmore Service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
  • Harvest or otherwise collect information about other users, including e-mail addresses, without their consent;
  • Transmit through the Rushmore Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
  • Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the Rushmore Service;
  • Transmit through the Rushmore Service any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
  • Interfere with another User's use and enjoyment of the Rushmore Service;
  • Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user;
  • Create a false identity for the purpose of misleading others as to your identity or the origin of a message;
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Rushmore Service any directory of Rushmore's users or usage information or any portion thereof other than in the context of your use of the Service as permitted under this ETS;
  • Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
  • Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
  • Engage in any other conduct which, in Rushmore's sole discretion, is considered inappropriate, unauthorized or objectionable.

13. INDEMNIFICATION

You agree to indemnify and hold Rushmore, its parent, subsidiary, affiliate, officers, employees, agents, directors, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Rushmore Service, the violation of this ETS by you, the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.

14. TERMINATION

You may terminate your participation in the Rushmore Service with or without cause at any time and effective immediately. Rushmore may terminate the Rushmore Service or your use of the Service with or without cause at any time and effective immediately, at Rushmore's sole discretion, including but not limited to immediate termination of your use of the Rushmore Service should your conduct fail to conform to the terms and conditions of this ETS. Rushmore shall not be liable to you or any third party for termination of the Rushmore Service or termination of your use of the Rushmore Service. Should you object to any terms and conditions of the ETS or any subsequent modifications Rushmore makes to the ETS or become dissatisfied with the Rushmore Service in any way, your only recourse is to immediately: (1) discontinue use of the Rushmore Service; and (2) notify Rushmore of your termination and, at your discretion, notify Rushmore of the reasons for your termination. Upon termination of your use of the Rushmore Service, your right to use the Rushmore Service shall cease immediately.

15. PAYMENT

Payment of all sums due for use of the Rushmore service shall be made by debit or credit card. All payments to be made in full without set-off, deduction or withholding whatsoever.

16. TRANSACTIONS WITH ORGANIZATIONS OR INDIVIDUALS

Rushmore shall not be liable for your interactions with any organizations and/or individuals found on or through the Rushmore Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. Rushmore is under no obligation to become involved in disputes between participants on the Rushmore Service, or between participants on the Rushmore Service and any third party.

17. LINKS TO THIRD PARTY SITES

Any web sites that are accessible via links included within the Rushmore Service that take you out of the Rushmore Service are not under Rushmore's control and Rushmore shall not be responsible for the content, products or services of any linked website. All such websites shall be subject to the policies and procedures of the owner of such websites. We encourage you to read those policies and know your rights under any web site you visit.

18. VIOLATION OF TERMS BY OTHER USERS

Rushmore asks that you participate in ensuring that all Users follow the terms of this ETS by reporting any Private Rushmore invitations, Public Events or other postings or messages that violate these terms. To report a violation of this ETS, please email us at abuse@rushmore-register.com

19. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE RUSHMORE SERVICE IS AT YOUR SOLE RISK. THE RUSHMORE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RUSHMORE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RUSHMORE MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. RUSHMORE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT RUSHMORE DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO RUSHMORE FROM THIRD PARTIES OR CONTENT PROVIDED BY OTHER USERS. RUSHMORE ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE RUSHMORE SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE RUSHMORE SERVICE. RUSHMORE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ITS SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH ITS SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RUSHMORE OR THROUGH THE RUSHMORE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

20. LIMITATION OF LIABILITY

RUSHMORE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF RUSHMORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH RUSHMORE OR A THIRD PARTY THROUGH THE USE OF THE RUSHMORE SERVICE; (IV) OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT RUSHMORE IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE RUSHMORE SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

21. APPLICABLE LAWS

This ETS shall be governed by English Law. You agree to submit to the exclusive jurisdiction of the English courts. (save that Rushmore may take action in relation to enforcement of its intellectual property rights in any court worldwide). Those who choose to access the service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. You may not use the Rushmore service to do anything that is not lawful in the place where you access the site. The section titles in this ETS are solely used for the convenience of the parties and have no legal or contractual significance.

22. MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE

Rushmore reserves the right to modify or discontinue the Rushmore Service with or without notice to you. Rushmore shall not be liable to you if Rushmore modifies or discontinues its Service other than prepaid fees. Rushmore may change the terms and conditions of the ETS at any time in its sole discretion. In the event of any material or substantial change in the terms and conditions of this ETS, Rushmore may notify you via e-mail, and/or by posting an announcement of the changes together with a link to the new ETS on the Rushmore Service. By using the Rushmore Service after any change in the ETS you acknowledge and accept changes to the ETS.