Rabbut's Terms Of Use

You have reached rabbut.com, by chance or by design (let’s call it the “Site” so we don’t have to repeat it 20 times). The Site is proudly provided to you by Zlass LLC ( who we will call “Rabbut” for now). Please, we implore you, read these Terms and our Privacy Policy (we will call them our “Terms” and our handy “Policy”). We know almost no one reads them, besides our main clients and its attorneys, but we don’t lose anything by trying, do we?

Yeah nice, so what?

These Terms are a legal agreement between you and us. Who are ‘you’, ‘your’ and/or ‘yourself’? Well, you are a user of our Site. Who is ‘us’, ‘its’, ‘ours’ or ‘we’? Well, they mean Rabbut and/or its affiliates, subsidiaries, assignees and brands. If you continue to browse the Site by simple use, it means that you have read, understood and agreed to be bound by these Terms. Why do we even need Terms for a website? Simple: they are the rules of the game (like the rules behind the door of a hotel room); where our Terms are the rules for the Site and the products and services we offer (let’s call them our “Services”, creative, isn’t it?).

What if I don’t agree? What if I don’t care?

Well, it would be impractical to negotiate our Services with each user, much less to have them sign, so these Terms are the entire legal agreement between you and us. If you do not agree to these Terms, sorry, so, please, exit the Site and stop using our Services.

Won't someone think of the children?

We do! Rabbut thinks en enforces the protection of the rights of minors and children, and encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet. Under 47 U.S.C. Section 230(d), Rabbut hereby informs you about the commercial availability of parental control mechanisms which may assist you in limiting access to minors of material that is or may be considered harmful.

You must be at least eighteen (18) years of age (or older!) to use our Site and Services. If you are under such age, you must use the Site under the direct supervision of your parent, legal guardian or responsible adult.

In compliance with the terms of the Children’s Online Privacy Protection Act (‘COPPA’), Rabbut does not (knowingly) collect any kind of information from any person under the age of thirteen (13), and will delete any such information if it has any good reason to believe it is located in its platform.

Interesting, tell me more.

Rabbut may update, modify, change, amend, terminate or discontinue the Site, the Terms, the Service or the Policy, at any time and at its sole and final discretion. Sounds preposterous? It isn’t. Actually, most websites tell the same story. A website is offered ‘as it is’. If you want a custom solution, we are happy to talk about it, just send us an email.

In short, all this means that we may change the Site’s functionalities and (any) fees at any time. But don’t worry; we will notify you through the Site or by email. If you continue to use of the Site after the last effective date of amendment to these Terms, you are indicating your consent and acceptance to any changes.

All right, so what’s in it for me?

Now we are talking, aren’t we? Rabbut provides with its users with an email marketing campaign and newsletter management web platform. You can upload email lists, email templates, create and manage campaigns. We can and will review the content of the email campaigns you send through our Service to be sure they comply with our Terms and applicable law. Absolutely no spam, pornography, tobacco, alcohol, gambling, adult content, offensive or discriminatory content, Forex or binary options will be tolerated (among other pesky things!).

Access to the Site is only for your use, and not for the use or benefit of any third party. Please don’t use your account to send campaigns of your friends. Don’t be cheap. Access to the Site may be terminated or suspended, without prior notice or liability of Rabbut. Your campaigns are your responsibility, and neither Rabbut nor its officers, employees, contractors, agents or representatives, guarantee that email campaigns delivered through the Site will meet any of your specific requirements.

All information posted throught our Site may include inaccuracies or errors, and does not constitute a direct endorsement of any kind of product or service. Though we try our best.

Can I do as I please?

Not really. This is not a kinder playground, but we are reasonable. You cannot do, motivate, or facilitate the use of our Services Rabbut to:

  1. Help, motivate, or enable others to infringe these Terms.
  2. Plagiarize or infringe the intellectual property rights of a third party.
  3. Use any automated process to access or use our services or any process, whether automated or manual, to capture data or content from any of our services for any reason.
  4. Disrupt the normal flow of dialogue and/or exchange on the Site.
  5. Upload, post or otherwise disseminate any content that: (i) infringes or violates the intellectual property rights of any third party, including any trademark, copyright, trade secret, moral rights, ancillary rights or other rights therefrom, or causes or results in the violation of any applicable law or regulation, (ii) in any way exploits the Site other than as specifically sanctioned by us; (iii) encourages any conduct that could promote or cause discrimination, racism, hatred, harm or violence against any individual or group of persons; (iv) threatens minors in any manner; and/or (v) promotes or encourages illegal, fraudulent or inappropriate activities.
  6. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site; and/or promotes or disseminates any content that is or may be considered obscene, pornographic, inappropriate or otherwise objectionable.
  7. Copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Site or any part thereof.
  8. Delivers or attempts to deliver, any unsolicited advertising, spam electronic email, promotion or chain letters.
  9. Collect, receive, transfer or disseminate any personally identifiable information of any user of the Site without the express authorization of the holder.
  10. Collect, receive, transfer or disseminate any content that is illegal or unlawful that would constitute, encourage or provide instructions for a criminal offense, or otherwise create liability or violate any local, state, national or international law.
  11. Impersonate or misrepresent any affiliation with any legal entity or person.

Any communication sent though our Service will not be treated as private or confidential. Email is neither a secure nor a private communication mean. Any violation of these provisions may result in immediate termination of your account or access to the Site and use of our Services, without refund, reimbursement, or any other credit. For real.

Yes, well, can I sign up for an account now?

Of course! If you wish to show your professionalism to your subscribers, you must first register for an account with us. You are solely responsible for the activity that occurs on your Account, and for keeping your password secure. Please, tell us of any breach of security, or unauthorized use of your account. Additionally, and depending on our business strategies, we may allow you to open a free demo account for a certain period of time, with access to part or all of the functionalities of the Site. Amazing! Isn’t it?

Fees and billing

The sun, the air and the rain are free, but our Services are not! In order to maintain a valid account for the Site, you may be required to pay certain monthly or yearly fees to Rabbut. Rabbut may offer you a free trial for the Services, afterwards you will be charged at the then-current fees. The transaction amount will be charged though through PayPal and other payment processors, financial institutions and/or credit card issuers. Rabbut will inform you of the amount of fees due, and you will have the option to pay them or not. Once paid, fees are not refundable. It is your responsibility to choose subscription lengths appropriate for your market and to cancel your automatically renewing subscription in time. You can cancel your subscription at any time in your account section of the Site, where you will see how many days are left before the end of then-current billing cycle.

What payment processors do you use?

We use third-party payment processors such as credit card and/or PayPal to bill you through a payment account linked to your account on the Site. The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors. Rabbut is not responsible for any and all errors by the payment processors!

I hate Spam.

We too. We take spam seriously, and we encourage you and our users to report any spam activities to us. We will not tolerate, nor allow others to undertake, any and all use your account and/or any information regarding the Site for the transmission of any other unsolicited bulk communication to any of our users or to any third party. In compliance with the Controlling the Assault of Non-Solicited Pornography And Marketing Act (‘CAN-SPAM Act’), you may not access the Site to harvest and/or collect any information about our users, for any purpose, and any commercial communication that you may receive from us and/or our partners, licensors, suppliers and affiliates will clearly indicate measures to stop receiving such communications, including unsubscribe links and appertaining instructions. In short, no SPAM at all on Rabbut.

DMCA Takedown Notice, Copyright Infringement

That is a DMCA? It is not a discotheque. It stands for the Digital Millennium Copyright Act (‘DMCA’). Rabbut takes copyright infringement seriously, and is ready to remove any content posted upon duly notice and request by a copyright holder. If you believe that any content or other material provided through the Site allegedly infringes the copyright of you or of a third party, please notify us of your claim to: elmer@rabbut.com (subject: "Takedown Request"). Rabbut may remove any content if it believes or has reason to believe such content infringes on another’s copyright, without prior notice and at any time and at its sole discretion.

The notification must be in writing and must contain the following information, at the least: (i) a signature and identification of the title holder and/or the person authorized to act; (ii) a description of the copyrighted work that allegedly has been infringed; (iii) contact information, such as your address and your email address (duh, for us know to whom to deliver our response); and (iv) a statement indicating that the information provided in the notice is true and accurate.

IP Rights

We are amazed that you have reached this far. Almost no one does! We can continue.

You see, all logos, content and images in our Site are either property of Rabbut or are licensed from their respective owner, who may or may not be affiliated with us. This means that our content is ours, and not for taking!

Third Party Links

If you read our Policy, you can see that is a section with almost the same name! You do know that we have a Privacy policy, right? Anyway, these links are provided for your convenience but that does not mean that we endorse such websites or their products and services (we don’t!).

Your access or use of them is at your own risk. Any linked websites, are thereto governed under their respective privacy policies, terms and conditions and legal disclaimers. Please review those documents.

You got me, I surrender.

Pwned.

Legalese Section

Our attorneys told us to put these paragraphs here. They are full of convoluted legal words, barely understandable to humans. But we included handy italic sentences below, translating them into human-readable English. Wow.

Disclaimer of Damages. RABBUT WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER PERSONAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER LEGAL THEORY) AND EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Why the CAPS? This is not a Twitter post of a 15 year old beauty pageant, but it is written like that to show that it is important stuff. Basically, it says that if you miss your job interview because you were sending an email campaign, it is not our fault, but yours.

Limitation of Liability. Your use of our Site is at your own risk, and you hereby acknowledge and agree that we supply our Services “as is”, “with all faults”, and “as available”, including all content, software, materials, services, functions, and/or information made available through the Site. Rabbut’s maximum cumulative liability to you for any losses or damages arising out of or in connection with your access of the Site and any Services therein shall be limited to: (i) the amount paid, if any, by you to us in connection with the Site and any Services therein during the 12 months prior to the action giving rise to such liability (if any); or (ii) USD$100 (One Hundred United States Dollars), whichever amount results inferior.

We offer the Site just as you find it. We are not responsible if your kitchen floods while using our Site, but will send you $10 if you can prove that aliens abducted your laptop while browsing it!

Indemnification. You agree, at your sole expense, to defend, indemnify and hold Rabbut, our independent contractors, website providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your conduct; (ii) your violation of the Terms or your violation of the rights of any third-party; or (iii) any user content.

Oh boy, it gets better. I you use our Site to send adult content, we will close your account, but if someone sues us for that, we will sue you and you will pay us for all our costs!

Force Majeure. Rabbut will not be liable for any failure to perform our obligations hereunder, where such failure results from any cause beyond Rabbut's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

If a hurricane makes our servers go kaput, we are not at fault.

Headings. The section and paragraph headings in these Terms of Use are for convenience only and will not affect their interpretation.

They are, like, you know, for reference only.

Severability. If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

If a judge says something here does not apply, the rest still does, including fees!

No Waiver. Failure by us to impose any of its rights under these Terms shall not be interpreted as a waiver of any rights hereon, nor any other rights with respect to the matter hereof.

Notices. Any non-legal notices or communications hereunder, including those regarding modifications to these Terms, shall be in writing and delivered by in writing (to any address you may provide). For notices made by e-mail, the date of receipt will be deemed the date in which such notice is transmitted.

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Notwithstanding the foregoing, we may assign any rights or obligations hereunder. Any rights not expressly granted herein are thereby reserved. These terms will inure to the benefit of any successors of the parties. We reserve the right, at any time, to sell, transfer or otherwise share some or all of the Rabbut assets, including your personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

No Relationship. You and Rabbut are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

We are not your boss. Go find a job.

Waiver of Class Actions, and Non-Individualized Relief. You hereby acknowledge and agree that you may only bring claims against Rabbut on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Rabbut agree otherwise, you may not consolidate or join more than one person's or party's claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding.

Consumer Notice. In compliance with California Civil Code Section 1789.3, our California users have the right to be informed of the following: the Site is provided by Zlass LLC, whose registered agent for consumer matters is Mr. Jonathan Lee. For any inquires or complaints regarding the Service or Site, please contact our customer service team by post addressed to Zlass LLC, 340 S. Lemon Ave #3838, Walnut CA 91789 or by email at: elmer@rabbut.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

The Golden State worries about consumer rights. Go Cali!

Applicable Law. Your use of this Site and any claim, dispute and/or cause of action that might arise between you and us, without regard to conflict of law to principles, shall be subject to the laws of the State of California, United States of America, without regard to the conflicts of laws principles thereof.

Go Cali!

Arbitration, Forum. The parties waive trial by jury. You agree that you will seek arbitration consistent with the rules of the American Arbitration Association (AAA) before initiating any litigation. If arbitration cannot resolve the issue, you agree to submit to the personal jurisdiction of the courts located in Santa Clara County, State of California, United States of America, for litigating all such claims or disputes.

Arbitration of disputes will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA. The AAA Rules and costs related to arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

Last updated: May 31, 2016.

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