Contact Group Manager Terms and Conditions of Use

The following Terms and Conditions of Use apply to all resources with permission to use the Contact Group Manager Send Bulk Email option. Your organization is responsible for assuring that all resources with permission to use the bulk email feature have read the terms and conditions, and reviewed the Best practices for working with bulk email.

NOTE   Selecting the box labeled Allow resource to send bulk emails, located on the Security tab of the Resource detail page, indicates that the specified resource understands and agrees to the terms and conditions.

Datto, Inc. maintains the right to disable the Send Bulk Email feature for any organization that violates the agreed upon terms and conditions. Refer to point 1.4, below.

TERMS AND CONDITIONS OF USE – AUTOTASK CONTACT GROUP MANAGER EMAIL FEATURE

PLEASE READ THESE TERMS AND CONDITIONS OF USE (Hereafter, “TERMS”) CAREFULLY AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT. BY USING THIS FEATURE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS DO NOT USE THE AUTOTASK CONTACT GROUP MANAGER EMAIL FEATURE.

The Autotask Contact Group Manager Email Feature may not be used for the sending of unsolicited email (sometimes called "spam"). Refer to our Anti-Spam Policy, which is incorporated into these Terms (refer to Datto’s No Tolerance Spam Policy, under point 4. Limitation of Liability, below).

1. Email, permission practices, image hosting & prohibited content

1.1 Subscriber opt out.

Every email message sent will contain the "unsubscribe" link that allows subscribers to remove themselves from your mailing list. You acknowledge and agree that you will not remove, disable or attempt to remove or disable this link.

1.2 Permission practices.

You agree to import, access or otherwise use only Permission Based Lists in connection with your use of the Autotask Contact Group Manager Email Feature (hereafter, “Feature”). You agree that you shall not utilize the Feature to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting. You cannot mail to distribution lists, newsgroups, or spam or unsolicited email addresses. As a matter of privacy, Datto cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of spam complaints in excess of industry norms. Datto, in its sole discretion, shall determine whether your level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. Datto will disable your use of the Contact Group Manager Email Feature if Datto determines that your level of spam complaints is higher than industry norms.

1.3 Prohibited content.

Datto Inc. prohibits any use of the Contact Group Manager Email Feature that, in the sole discretion of Datto:

  • Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video, and software; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
  • Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.
  • Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers, DJ/nightclub, event/club promotions/party lists, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing and college and pro sporting events.
  • Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
  • Posts or discloses any personally identifying information or private information about children without their consent (or the consent of their parent(s) or guardian in the case of a minor).
  • Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
  • Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
  • Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting "get rich quick", "build your wealth" and "financial independence" offerings.
  • Engages in any libelous, defamatory, scandalous, threatening, harassing activity.
  • Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
  • Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.
  • Is otherwise unsuitable or inappropriate.

1.4 Right to disable access.

Datto Inc., at its own discretion, may immediately disable your access to the Contact Group Manager Email Feature without refund for loss of this functionality if Datto believes in its sole discretion that you have violated any of the policies listed above or elsewhere in this Agreement.

2. Restrictions and responsibilities

2.1 No rights in software.

This is an Agreement for services and access to this web site, and you are not granted a license to any software by this Agreement.

2.2 Permitted use of the products.

The Contact Group Manager Email Feature shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Feature for timesharing or service-bureau purposes or otherwise for the benefit of a third party.

2.3 Compliance with laws; monitoring

You shall use the Contact Group Manager Email Feature only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and regulations thereunder, and all other applicable U.S., state, local and international laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation, copyright and trademark infringement and child protective email address registry laws). Although Datto has no obligation to monitor the content provided by you or your use of the product, Datto may do so and may block any email messages, remove any such content or prohibit any use of the Feature Datto believes may be (or is alleged to be) in violation of the foregoing.

2.4 Indemnification

You hereby agree to defend, indemnify and hold harmless Datto Inc. against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content, effects of any messages you distribute using the Feature or, (iii) otherwise arises from or relates to your use of the Feature. In addition, you acknowledge and agree that Datto has the right to seek damages when you use the Feature for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.

2.5 Intellectual property rights in your content

You agree that you will not upload or transmit any contact lists, communications or content of any type to this web site or in connection with the Feature that infringe, misappropriate or violate any rights of any party. By submitting ideas, concepts, inventions, or content to this web site or using them in connection with the Feature, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to Datto or to any third party using the Feature, any communication or content that infringes or violates any rights of any party.

2.6 Proprietary Rights

The Feature and all related materials including, without limitation, “Autotask” and all other trademarks and logos, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as specifically permitted by express written consent of Datto, you may not use these trademarks and logos in any manner.

2.7 Rights reserved/Change in terms

Any rights not expressly granted herein are reserved. Datto reserves the right to make changes to these Terms and Conditions of Use at any time and for any reason, without notice. Users are responsible for regularly reviewing these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use or any changes or updates, your only remedy is not to use the applicable Site or Service and to cancel any accounts or subscriptions that you may have established to access our services. Your continued use of the Feature after a change or update has been made to the Terms and Conditions of Use will constitute your acceptance of such change or update.

2.8 Privacy policy

Refer to Datto Inc.’s Privacy Policy [https://www.datto.com/legal/privacy-policy] relating to the collection and use of your information which forms a part of these Terms and Conditions of Use. You hereby consent that Datto may use your personally identifiable information in accordance with the terms of the Privacy Policy.

3. Warranty disclaimer; remedies

USE OF THE FEATURE AND ANY RELIANCE BY YOU UPON THE FEATURE, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. DATTO DOES NOT WARRANT THAT THE FEATURE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE FEATURE. THE FEATURE IS PROVIDED "AS IS" AND DATTO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or nonperformance of the Feature shall be for Datto to use commercially reasonable efforts to adjust or repair the Feature.

4. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL DATTO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF DATTO SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, DATTO IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF DATTO TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE FEATURE IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY DATTO TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

Datto’s No Tolerance Spam Policy

Datto has a no tolerance spam policy. Datto's customer support may monitor large import lists and emails going to a large number of contacts. Any customer found to be using the Feature for spam will be immediately cut-off from use of the email feature.

Every email contains a mandatory unsubscribe link. If the link is removed or de-activated in any way, Datto will disable the Feature.

What is spam?

Spam is unsolicited email also known as UCE (Unsolicited Commercial Email). By sending email to only to those who have requested to receive it, you are following accepted permission-based email guidelines. For more information about spam and how to protect your company, visit The Coalition Against Unsolicited Email (www.cauce.org).

5. Miscellaneous

These Terms and Conditions of Use are governed by the laws of the United States of America and the State of New York. You hereby irrevocably consent to the exclusive jurisdiction and venue of the federal courts sitting in Albany County, New York, unless no federal subject matter jurisdiction exists, in which case the parties consent to the exclusive jurisdiction and venue of the state courts sitting in Albany County, New York in all disputes arising out of or relating to the Feature.

If any part of these Terms and Conditions of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions of Use shall continue in effect.

These Terms and Conditions of Use, including the documents expressly incorporated by reference and any separate terms of use/service on any Datto site, constitute the entire agreement between you and Datto with respect to the Datto sites and such agreements supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and Datto with respect to the Feature. You represent that you have not relied on any such communications in choosing to accept these Terms and Conditions of Use.

The express waiver by Datto of any provision, condition or requirement of these Terms and Conditions of Use or License Agreements shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in these Terms and Conditions of Use or License Agreements, no default, delay or failure to perform on the part of Datto shall be considered a breach of these Terms and Conditions of Use if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Datto.