You can at any time change or withdraw your consent from the cookie declaration on our platform.
What are cookies?
Personal data (or data) under cookies statement
Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.
Usage data cookies
Information collected automatically through this Platform, which can include: the IP addresses or domain names of the computers utilized by the users who use this platform, the URI addresses (uniform resource identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the user, the various time details per visit (e.g., the time spent on each page within the application) and the details about the path followed within the application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the user’s it environment.
The individual using this Platform who, unless otherwise specified, coincides with the data subject.
The natural person to whom the personal data refers.
Data processor (or data supervisor)
Data controller (or owner)
The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data, including the security measures concerning the operation and use of this platform. The data controller, unless otherwise specified, is the owner of this platform.
What types of cookies are used on our sites and what do we use them for?
We use “first-party cookies,” i.e., those that are used solely by us or by third parties who act only on our instructions or on our behalf. These types of cookies are used for our own analysis of our own sites, or to provide functionality such as remembering your language preference.
Other cookies on our sites are used both by us for the purposes described in this policy and by third parties for purposes where those third parties may wish to combine information from our sites with information from other sites to improve their services. For example, these types of cookies may be used for interest-based advertising purposes.
The cookies used on our sites, by either us or by third parties, can be “session” cookies, or “persistent” cookies. “Session” cookies are deleted automatically when you close your browser, and are used for things like ensuring you are kept logged in as you navigate around our sites. “Persistent” cookies remain stored on your device or browser even after you close it. These cookies are used, for example, to recognize you when you come back to our sites.
Type of cookies
We use the following types of cookies on our platform:
Necessary – these are cookies which are essential for the running of our platforms. They include for example, cookies that allow you to remain logged into our platform. Without these cookies, parts of our platforms would not function. These cookies do not track where you have been on the internet and do not gather information about you that could be used for marketing purposes.
Functionality – these cookies are used to remember your preferences on our platforms and to provide enhanced, more personal features. Functional cookies do not track your internet usage or gather information which could be used for selling advertising, but they do help with serving advertising.
Analytics – analytical performance cookies are used to monitor the performance of our platforms, for example, to determine the number of page views and the number of unique users a platform has. Web analytics services may be designed and operated by third parties. The information provided by these cookies allows us to analyse patterns of user behaviour and we use that information to enhance user experience or identify areas of the platform which may require maintenance. The information may include your member key which is an internal identifier for all users. The information is used only for statistical purposes and will be transmitted to and stored by google on servers in the United States of America.
Google will use this information for the purpose of evaluating your use of the platform, compiling reports on platform activity for platform operators and providing other services relating to platform activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by google.
Email newsletters related cookies
This site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.
Surveys related cookies
Forms related cookies
When you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.
Site preferences cookies
In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.
We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.
Platform Related Cookies
We uses some platform cookies to provide our services to you and also enable some messaging features on our platform.
Third party cookies
In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the service, deliver advertisements on and through the service, and so on.
What are your choices regarding disabling or blocking cookies?
Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.
Most browsers allow you to block cookies. In internet explorer, you can block all cookies by clicking “tools > internet options > privacy and selecting block all cookies” using the sliding selector.
In firefox, you can adjust your cookies settings by clicking “tools > options >privacy”.
However, cookies are perfectly safe to be stored on your computer and almost all web browsers have cookie storing enabled as default. However, all browsers have the option of disabling cookies being stored on your computer if you wish to do this. Please be aware that disabling cookies on your browser will reduce your ability to use our platform features
Mobile devices, anonymous device identifiers and hashed ids
We and/or third parties that we have engaged may collect and store a unique identifier matched to your mobile device, in order to deliver customized ads or content while you use applications or surf the internet, or to identify you in a unique manner across other devices or browsers. In order to customize these ads or content, we or a third party may collect de-identified usage data or other data about you which you have either voluntarily submitted to us, for example, your email address, or has been passively collected from you, such as your device identifier or ip address, where permitted. However, if we share your email address, we share it solely in hashed, non-human-readable form.
Your cookie choices
When you first visit our sites, where required by law, you will have the option to give your consent to the advertising and functional cookies we use, or to refuse your consent to our use of those cookies
Most browsers accept cookies by default. You may be able to change the settings to have your browser refuse certain cookies or notify you before accepting cookies. To do so, please follow the instructions provided by your browser which are usually located within the “help”, “tools” or “edit” facility. Some third parties also provide the ability to refuse their cookies directly by clicking on an opt-out link, and we have tried to indicate where this is possible in the table above.
You can also find more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, at www.allaboutcookies.org and www.youronlinechoices.eu.
We currently do not employ technology that recognizes “do-not-track” signals from your browser.
Please keep in mind that, without cookies, you may not have access to certain features on our sites, including access to your profile/account and certain personalized content. Removing all cookies from your computer could also affect your subsequent visits to certain platforms, including our sites, by requiring that, for example, you enter your login name when you return to that platform. Please note that even if you exercise any of the choices described above, you will still see ads, but they will not be based upon the information collected through these tracking technologies, and therefore not necessarily relevant to your interests.
This policy is current as of the effective date set forth above. However, BlueDOT Email LLC, may update this cookies notice from time to time as necessary. The terms that apply to you are those posted here on our platform on the day you use our platform. We solely advise you to print a copy for your records.
If you have any question regarding our cookies policy, please contact us.
This policy was last reviewed and updated: February 2020
Regarding processing of personal data through BlueDOT Email LLC Services
This DATA PROCESSING AGREEMENT (the “DPA”) is entered into by and between:
- BlueDOT Email LLC BlueDOT Email incorporated under the laws of Overland Park’s Municipal Court with corporate registration number (“**************”); and
- The entity executing the Agreement (the “Customer”).
Each of the BlueDOT Email and the Customer is referred to as a “Party” and together as the “Parties”.
- The BlueDOT Email is an email platform specialized in helping businesses grow and make meaningful connections with their customers through email marketing.
- Customer has entered into the agreement for supply Email, Automation, CRM, and Messaging For growing businesses which forms the subject matter of the processing of Personal Data under this DPA.
- BlueDOT Email LLC tracking code, which collects data from visitors to the Customers subscriber list when integrated on the website, is a software as a service solution in which data processing is carried out (the “Service”), rendering the Customer the data controller, whilst the BlueDOT Email qualifies as data processor under the applicable data protection laws. In light of the above, BlueDOT Email LLC and Customer have agreed on the following terms and conditions set out in this written DPA concerning the processing of Personal Data under this DPA.
- “Applicable Laws” shall mean all acts, laws, regulations, including but not limited to Data Protection Laws, applicable to each Party.
- “Data Protection Laws” shall mean the applicable national laws concerning data protection and, if applicable, the national laws implementing Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data and Directive 2002/58/EC of the European Parliament and of the Council concerning the processing of Personal Data and the protection of privacy in the electronic communications sector (ePrivacy Directive) and the subsequent directives and regulations such as the General Data Protection Regulation (Regulation no. 2016⁄679) and their national implementations and related national legislation.
- “EEA” shall mean the European Economic Area.
- “EU” shall mean the European Union.
- “Personal Data” shall mean all information that is directly or indirectly referable to a natural living person such as name, email address, IP-address, location data etc.
- “Personal Data Breach” shall mean a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.
We may under this DPA process Personal Data on behalf of the Customer according to the instructions of the Customer. The Personal Data is and shall remain the property of the Customer, and the Customer takes full responsibility for the Personal Data, including that such data does not infringe any third-party rights or in any other way violate Applicable Laws. This DPA is intended to constitute and shall be interpreted as a written data processing agreement between the Customer and the BlueDOT Email pursuant to applicable Data Protection Laws.
We shall process the Personal Data relating to the categories of data subjects and shall consist of the processing operations as set out in Schedule 1. We shall process the Personal Data for the purpose of providing the Service to the Customer.
Term of processing
This DPA shall enter into force on the date of last signing and, subject to the below terms below, shall remain effective until the Agreement is terminated or expires. Upon the termination or expiry of the Agreement, without entering into a new data processor agreement replacing this DPA, the provisions of this DPA, subject to the discretion of the Customer, shall continue to apply as long as and to the extent Personal Data is processed by the BlueDOT Email pursuant to the instructions of the Customer.
BlueDOT Email LLC obligations
We may process Personal Data only for purposes necessary for the due performance of the Agreement and only in accordance with the Data Protection Laws applicable to the BlueDOT Email and in accordance with the written instructions from the Customer as further detailed in Schedule 2 and as otherwise instructed by the Customer in writing from time to time. We may not disclose any Personal Data to a third party without the prior written approval from the Customer or if otherwise required by law.
If the BlueDOT Email does not have sufficient instructions to enable the BlueDOT Email to deliver the Services or otherwise fulfil its obligations, we shall without delay inform the Customer hereof and specify the need for further instructions and await further written instructions from the Customer prior to continuing the relevant processing of the Personal Data.
We shall implement and maintain appropriate and adequate technical and organizational measures as set forth in Schedule 2 to ensure the security for the processed data. The measures shall as a minimum protect the processed data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, the Personal Data transmitted, stored or otherwise processed by the BlueDOT Email. The measures shall take into account the particular risks associated with the processing of the Personal Data and the sensitivity of the Personal Data which is processed.
We undertakes to oblige all persons, including but not limited to its employees, who access the processed Personal Data in the course of the processing operations carried out by the BlueDOT Email to comply with confidentiality obligations and access restrictions with regards to the processing of Personal Data. We shall ensure that only such employees have access to Personal Data who have received training and/or instruction in the care and handling of Personal Data. Taking into account the nature of the processing, the BlueDOT Email shall, at Customer’s cost upon Customer’s request in accordance with Customer’s written instructions, assist the Customer by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of the Customer’s obligation to respond to requests for exercising data subject’s rights under applicable Data Protection Laws.
The BlueDOT Email, taking into account the nature of processing and the information available to the processor, undertakes to assist the Customer, at Customer’s cost upon Customer’s reasonable request substantiating the necessity, in ensuring compliance with applicable Data Protection Laws with regards to the security of processing, notification to the data protection authority and communication to the data subjects of data breaches, data protection impact assessments and prior consultations with the data protection authority.
We shall immediately inform the Customer if, in its opinion, an instruction infringes or is contrary to applicable Data Protection Laws.
We shall notify the Customer without undue delay after becoming aware of a Personal Data Breach.
In the event the BlueDOT Email is required to disclose information, including but not limited to the processed Personal Data or information relating to the processing, according to Applicable Laws or the decisions of public authorities or courts, we shall be obligated to inform the Customer thereof immediately, insofar permitted by Applicable Laws, and request confidentiality in conjunction with the disclosure of requested information.
Information and audit
The BlueDOT Email is obliged to, upon Customer’s reasonable request and at Customer’s cost, makes available to the Customer all information necessary and strictly limited to the purpose of demonstrating compliance with the obligations of the data processor under applicable Data
Customer may, pursuant to the relevant provision of the Agreement but in any case notwithstanding what is set out in the Agreement once per calendar year at the cost of the Customer, carry out or mandate a third party auditor, which is not direct competitor to the BlueDOT Email and acting under confidentiality undertaking, to carry out an audit strictly limited to verifying BlueDOT Email LLC compliance with the obligations of data processors under applicable Data Protection Laws. The audit shall be carried out during the BlueDOT Email normal working hours without disturbance to the normal operations of BlueDOT Email LLC.
Customer hereby gives general written authorization for the BlueDOT Email to engage sub processors for carrying out specific processing activities on behalf of the Customer. When engaging sub processors, the BlueDOT Email undertakes to ensure that the contract entered into between the BlueDOT Email and any sub processor shall impose, as a minimum, the same data protection obligations as set out in this DPA.
We shall notify the Customer of any intended changes concerning the addition or replacement of the sub processors in Schedule 3, to which the Customer may object. If the Customer has made no such objection within ten (10) days from the date of receipt of the notification, the Customer is assumed to have made no objection.
We may transfer (including allowing access to) Personal Data to its sub processors outside the EEA. The parties shall jointly take all reasonably required measures necessary for ensuring that such transfer is in accordance with Applicable Laws, which may include entering into model clauses for data transfer outside of the European Economic Area (EEA).
If and to the extent another legal entity than the Customer is the controller, independently or jointly, for all or part of the Personal Data processed by the BlueDOT Email on behalf of the Customer under this DPA, the Customer warrants that it has necessary authority and mandate to enter into this DPA on behalf of such legal entity.
The Customer warrants that the processing of Personal Data is carried out in accordance with Applicable Laws, including obtaining necessary licenses, permits or approvals for the processing and notifying the processing to competent authorities or data protection officials and informing the data subjects of the processing.
Limitation of liability
Unless caused by the gross negligence or intent of the BlueDOT Email, we shall in no event be liable to the Customer for any losses or damages, whether direct or indirect (including, without limitation, damages for loss of production, loss of data, loss of business or profit, loss of use, loss of goodwill or any indirect or consequential damages) arising out of or in connection with this DPA.
The Customer shall hold the BlueDOT Email harmless and indemnify for third party claims, damages as well as administrative penalties or fines issued by courts or authorities if and to the extent the BlueDOT Email is held liable by a competent court, authority or any other dispute resolution body for processing of personal that is contrary to the applicable Data Protection Laws, unless such liability has arisen as a consequence of the BlueDOT Email failure to perform its obligations under this DPA.
The BlueDOT Email is not entitled to additional remuneration on the basis of the provisions of this DPA and shall, unless otherwise agreed by the Parties, or in accordance with the Agreement.
Measures upon completion of processing
When the provisions of this DPA cease to be effective, the BlueDOT Email shall, upon and in accordance with Controller’s request, delete all Personal Data or delete and return all Personal Data to the Customer, unless Applicable Laws require the BlueDOT Email to store the Personal Data.
The Customer may only assign the rights or obligations under this DPA to a third-party with the prior written consent of the BlueDOT Email.
We may assign its rights and obligations under this DPA to (i) any BlueDOT Email within its group of companies, or (ii) a third party in case of a merger, joint venture or transfer of businesses or substantially all parts of businesses. Any such assignment of rights shall not be considered as th BlueDOT Email engaging a subprocessor.
This DPA shall supersede any prior agreements, arrangements and understandings between the parties and constitutes the entire agreement between the parties relating to the subject matter hereof.
The BlueDOT Email is entitled to amend this DPA if it is necessary to comply with requirements of applicable Data Protection Laws. Such amendments enter into force at the latest thirty (30) days after the BlueDOT Email has sent an amendment notice to the Customer, or such other time period which the BlueDOT Email is obliged to adhere to according to Personal Data Laws and regulations or relevant authorities. Other alterations of and amendments to this DPA shall be made in writing and be signed by duly authorized representatives of the Parties to be binding.
Governing Law and Disputes
This DPA shall be governed by and construed in accordance with the Overland Park’s Municipal Court, with the exclusion of its conflict of law rules.
Any dispute, controversy or claim arising out of or in connection with this DPA, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the JAAMS Arbitration Institute. The place of arbitration shall be United States. The language to be used in the arbitral proceedings shall be English, unless otherwise agreed.
The Parties undertake and agree that all arbitral proceedings conducted with reference to this arbitration clause will be kept strictly confidential. This confidentiality undertaking shall cover all information disclosed in the course of such arbitral proceedings, as well as any decision or award that is made or declared during the proceedings. Information covered by this confidentiality undertaking may not, in any form, be disclosed to a third party without the written consent of the other Party. This notwithstanding, a Party shall not be prevented from disclosing such information in order to safeguard in the best possible way his rights vis-à-vis the other Party in connection with the dispute, or if the Party is obliged to so disclose pursuant to statute, regulation, a decision by an authority or similar.
Processing of Personal Data
Type of Personal Data
The following types of Personal Data are processed by the BlueDOT Email on behalf of the Customer under the DPA:
- IP address – ip v4 or v6;
- Location based on IP address;
- URL – including “Query String”;
- Referrer/Origination-website for the visitor;
- UserAgent – including i.a. OS, browser and screen resolution;
- Domain from form input fields (e.g. albacross.com); and
- Fingerprint hash.
Categories of data subjects
The processed Personal Data concerns the following categories of data subjects:
- Visitors to the Customer’s website.
The following processing operations shall be carried out for the below specified purposes by the BlueDOT Email under this DPA:
Processing operations: – collection of Personal Data via the BlueDOT Email tacking code; – extract information of location based on IP address; – crosschecking of Personal Data with the BlueDOT Email database with IP-addresses; and – erasure of the Personal Data if there is not a match with a BlueDOT Email IP-address.
Purposes: – to identify which IP-address collected with the BlueDOT Email tracking code belongs to a BlueDOT Email, and thereby identify what companies have visited the Customer’s website; and – to make accurate advertising to specific businesses based on the data.
The BlueDOT Email may not process the Personal Data for any other purposes under this DPA and its schedules.
- Instructions for processing of the Processed Data on behalf of the Data Controller The BlueDOT Email shall comply with the instructions set forth below with respect to the processing of the Personal Data under this DPA.
- Handling and processing of the Personal Data
The premises used by the BlueDOT Email shall be protected with adequate physical security measures, such as alarms for fires, water damage, burglary, etc. In addition, there should be procedures and equipment for example in the form of alarms, barriers, locks, etc. which control access to the premises. The BlueDOT Email shall introduce necessary safety routines
The should create a safe IT-environment, which includes, but is not limited to (i) necessary safety routines for avoiding virus attacks or other threats that could be harmful to the IT-environment; (ii) an encryption system and/or other security measures with the purpose of avoiding tapping or revealing signals; (iii) necessary security routines for IT-equipment; (iv) a control system based on user authorization, which enables identification of user identity (through the usage of passwords or such) and prevents unauthorized use of or access to the processed Personal Data; (v) storage of processing history (log data), which shall be sorted out in accordance with Customer’s instructions; (vi) automatic back-up routines, including storage of back-up copies, which shall be sorted out in accordance with Customer’s instructions; as well as (vii) destruction or other means of eradication of all media that has contained Personal Data that no longer is used.
3) Data subjects’ requests
We shall make it possible to log and trace processing of the Personal Data, including the disclosure and transfer of the Personal Data.
We shall, subject to the provisions of this DPA, forward all requests from the data subjects to the Customer and shall only act upon the prior authorization and pursuant to the instruction of the Customer.
Subject to the above, we shall rectify, block, delete, modify, or erase the processed Personal Data in accordance with Customer’s instructions.
Subject to the provisions of this DPA, we shall not maintain the processed Personal Data for longer than is necessary taking into consideration the purpose of the processing.
We created this GDPR section on our website to go over what GDPR means for you and the steps we’ve taken to ensure the protection of your privacy
The EU General Data Protection Regulation (GDPR) which comes into effect on 25 May, 2018 and places new obligations on organizations based in the EEA or which hold or process personally identifiable information (PII) about EU residents.
For the purpose of the processing personal data, BlueDOT Email LLC may engage data processors and/or, at its sole discretion, hire other persons to perform certain functions on behalf of BlueDOT Email LLC. In such cases, BlueDOT Email LLC shall take necessary measures to ensure that such data is processed by the personal data processors in accordance with instructions of BlueDOT Email LLC and applicable legislation. BlueDOT Email LLC shall also require the personal data processors to implement appropriate measures for the security of personal data. In such cases, BlueDOT Email LLC shall ensure that such persons will be subject to the non-disclosure obligation and will not be able to use this information for any other purpose, except to the extent necessary to perform the functions assigned to them.
GDPR Data Protection
The General Data Protection Regulation (GDPR) was enacted by the European Union to deepen and harmonize personal data protection regulations. Now in effect as of May 25, 2018, it is a comprehensive and clear set of guidelines that acknowledges that different “flavors” of personal data require different levels of protection.
GDPR applies to all business irrespective of the region or jurisdiction, no matter where they are based, who collect and process personal data on EU residents. Non-EU companies have to appoint a GDPR representative and will be liable for all fines and sanctions
Some of the key requirements of the GDPR are:
- Consent: Organizations must get consent to collect personal data, with the level of consent varying according to the type of personal data being collected.
- Data minimization: Responding to years of gratuitous collection of personal data by apps, with no clear purpose in mind, the GDPR stipulates that organizations can only collect personal data that is clearly related to a well-defined business objective. If an organization gathers personal data for one purpose but then decides it wants to use it for another purposes (such as consumer profiling), that could be considered non-compliance.
- Individual rights: Another key feature of the GDPR is the very clear rights that it gives data subjects (i.e., the individuals whose personal data is being collected) to understand why their data is being collected and how it is being processed. They have the right to object, to correct—and they have the right to be erased/forgotten. They also have the right to be notified (individually) if their personal data has been breached in a way that could endanger their freedoms and rights.
BlueDOT Email LLC has comply to applicable legislation, regulation, statute or order which may apply from time to time relating to the collection, storage and use of Personal Information including (without limitation) the Privacy Act 1988(Cth), the Data Protection Act 1998, the European Union General Data Protection Regulation May 25, 2018 the Privacy and Electronic Communications (EC Directive) Regulations 2003, the Data Protection (Processing of Sensitive Personal Data) Order 2000 and comparable laws, as the case may be in the applicable jurisdiction, or any amendments and/or re-enactments thereof.
Passed in 2016, the new General Data Protection Regulation (GDPR) is the most significant legislative change in European data protection laws since the EU Data Protection Directive (Directive 95/46/EC), introduced in 1995. The GDPR, which becomes enforceable on May 25, 2018, seeks to strengthen the security and protection of personal data in the EU and serve as a single piece of legislation for all of the EU. It will replace the EU Data Protection Directive and all the local laws relating to it.
We support the GDPR and will ensure all BlueDOT Email LLC services comply with the GDPR provisions. Not only is the GDPR an important step in protecting the fundamental right of privacy for European citizens, it also raises the bar for data protection, security and compliance in the industry so therefore BlueDOT Email LLC is committed to abide by all Data protection regulation
A current list of the companies BlueDOT Email LLC partners with to process data is available, you can contact us for that information
Our Website and services are being updated to help customers comply with the GDPR obligations relating to obtaining and recording consent. Consent check-boxes will be available upon request. Other technology designed to automated data access requests received from guests will be released.
Data Security Policy
BlueDOT Email LLC has always been committed to ensuring we maintain our customers’ and their customers’ data as securely as possible. Details of our Data Security Policy consistent with our obligations under the GDPR is available on our website terms and condition page.
Communications in Electronic Form
For contractual purposes, you (a) consent to receive communications from BlueDOT Email LLC Limited in an electronic form via the email address you have submitted; and (b) agree that all Terms and condition, agreements, notices, disclosures, and other communications that BlueDOT Email LLC Limited provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
You may opt out of such email by unsubscribing or sending an email to
In the meantime, if you wish to submit a data request under the GDPR, or have any additional queries, please contact our BlueDOT Email LLC privacy officer at info@BlueDOTEmail.com
All BlueDOT Email LLC customers must follow this Acceptable Use Policy (“Policy”) when they access or use our websites, applications, and other online products and services, including email services, marketing services, review and message boards and various other message communication applications (collectively, our “Services”). By accessing or using the Services, you agree to this Policy. If you do not agree, you may not access or use the Services. We reserve the right to suspend or terminate accounts if customers violate this Policy.
We reserve the right to change or modify this Policy at any time and in our sole discretion. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the “Last Updated” date at the beginning of this document. By continuing to access and use the Services after our notice, you confirm your acceptance of the revised Policy. If you do not agree, you may not access or use the Services.
Accounts are meant to be used for a single set of message subscribers. You are not allowed to continually delete and re-import new contacts into an account. For example, you cannot sign up for a 15,000 subscriber/contact plan and try to send messages to 25,000 contacts by deleting and importing new contacts.
Full message source size may not exceed 2MBs after the message has been fully constructed. Attachments are limited to one attachment at or below 50kb in size and we reserve the right to limit the file types.
You must be able to verify each contact to whom you intend to send marketing messages. You must ensure that all message recipients have fully opted-in to receive marketing messages from you. Please note that simply getting someone’s business card is not an acceptable opt-in and you cannot send messages to email addresses or phone numbers you obtained from business cards.
You agree that you will not use BlueDOT Email LLC’s Services to send anything offensive, to promote anything illegal, or to harass anyone. Without limiting the foregoing, you may not send any messages or content that:
- Contains any unsolicited promotions, political campaigning, advertising or solicitations, e.g., “junk mail,” “spam,” “chain letters,” “pyramid schemes,” etc.;
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- Violates any laws, rules or regulations in the jurisdiction where the recipient resides, including but not limited to, the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), or Canada’s Anti-Spam Legislation (CASL);
- Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying his or her device or email or other communications service, or that may expose BlueDOT Email LLC or others to any harm or liability of any type.
Content and Industries Subject to Additional Scrutiny
We continually monitor your activities on our Services and Marketing Content that you transmit through our Services. We may delete or remove messages and content at any time and for any reason. We also monitor message recipients’ actions to check for above average bounce, abuse and/or unsubscribe rates. If any rate becomes abnormal, your account may be subject to manual review by BlueDOT Email LLC. In addition, in the event of recipients’ complaints regarding spam or unsolicited messages, BlueDOT Email LLC may immediately suspend or terminate your account and you will not be eligible for a refund of any kind.
We do not allow you to use our Services to:
- Send Marketing Content to recipients on paid or rented lists (of any form);
- Send Marketing Content to List brokers (of any form) for distribution by them;
- Send messages regarding:
- illegal substances, illegal goods of any form;
- pills, online drug purchases;
- dietary supplements;
- male enhancement products;
- escort and dating services;
- affiliate marketing;
- eLoans, loan offers, pay day advances;
- day trading tips, forex, etc.;
- gambling services or products;
- get rich quick schemes;
- work at home and lead generation opportunities;
- multi-level-marketing or pyramid schemes; or
- other products or content that is, in our sole judgement, objectionable or likely to upset recipients.
You agree that you will not use the Services to violate any law, rule, regulation or third party right. In addition, you agree not to:
- Log in or attempt to log into your account on more than one device at the same time without the express written permission of BlueDOT Email LLC.
- Use any misleading or incorrect names, addresses, email addresses, subject lines, or other information in any message created or sent using our Services.
- Share your account credentials with anyone.
Welcome to BlueDOT Email, LLC
Please read these Terms carefully. If you do not agree to these Terms, you must stop using the Platform and the Contents immediately.
“Registered Users” are those users who have registered, and paid, for the BlueDOT online email platform services via the Registration Pages. Registered Users are authorized to access and participate in the BlueDOT online email platform services for which they have specifically registered and paid for. Registered Users may not share access information, User profile and password to third party. Additionally, Registered Users may not rebroadcast Materials via recording or sharing tools. BlueDOT Email, LLC Service platform uses digital rights management tools to trace this activity. Those caught violating this policy are subject to possible prosecution due to damages to the BlueDOT Email, LLC and/or removal from platform services.
Any Visitor can view the Platform, but in order to participate fully in all activities on the Platform and take part in the Online Content and BlueDOT online email platform services, you must register for a personal account on the Platform (a “User Account”) by providing a name, an email address and a password. You agree that you will never divulge or share access or your access information to your User Account with any third party for any reason.
In order to create a User account, you must provide your full name, an email address, your country or region of residence, a public username, and a user password. You agree that you will never divulge or share access or access information for your user account with any third party for any reason.
- In setting up your User Account, you may be prompted or required to enter additional information, including date of birth, location and any other information that will help other User get to know you and help us to tailor the services to suit you.
- You undertake to us that all information provided by you in relation to your User Account is and will continue to be accurate, current and complete at all times and that you will maintain and update your information to keep it accurate, current and complete.
By registering with any of BlueDOT Email, LLC platform User Account, you agree (in addition to the Acceptable Use Conditions above) that you:
I. are, and will continue to be, registered for the Platform only once and will not set up multiple User Accounts;
II. will not let anyone else use your User Account;
Placing Your Order
When placing an order you must clearly select the Subscription you wish to Participate, and provide full details including your name, email address, & mobile number. All prices for services will be indicated on BlueDOT Email, LLC platform and are inclusive of all taxes and delivery unless otherwise indicated. Service fees are valid only for the subscription period in which they run.
Promotional code may be advertised on our platform for limited time periods, or for specific users of our services. However, BlueDOT Email, LLC reserves the right to remove discounts without notice.
Disclaimer: no refunds issued after terms of sale as our price may fluctuate on given time of the year or promotion dates.
Terms of Sale
When you sign up for our Services, you agree to a recurring subscription contract with BlueDOT Email on a monthly, quarterly, annual, or other temporal basis that you select when signing up for the Services. WHEN YOU REGISTER FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) BLUEDOT EMAIL (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY, QUARTERLY, ANNUAL, OR OTHER BASIS AS APPLICABLE FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SERVICES IN ACCORDANCE WITH THESE TERMS.
You may cancel your subscription at any time by logging into your account and following the instructions on your account dashboard for cancellation or by contacting us at info@BlueDOTEmail.com. Such cancellation notice must be sent by the designated account owner or an authorized signatory. Inactivity does not constitute automatic cancellation, so unless you cancel your account in accordance with this section, you will continue to be charged for subscription to the Services. All cancellation requests will take effect at the end of then-current subscription period in which the cancellation request is made, and you will be responsible for all fees and any applicable taxes and other charges rendered up through the cancellation date.
In the event you cancel your subscription, please note that we may still send you promotional communications about BlueDOT Email, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
Some features of our Services, such as templates, may be offered as a standalone, non-subscription product. We will charge your payment method at the time of such purchases as a one-time purchase.
From time to time, to the extent legally permitted, we may offer free trials of certain subscriptions for specified period of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration. We reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.
Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method. In addition, you authorize (or our third party payment processor) to charge your payment method for the total amount of your subscription fees (and applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your account may be suspended until your payment is processed. You must resolve any problem we encounter in order to proceed. You acknowledge that the amount billed may vary due to promotional offers, changes to your subscription or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.
User Conducts for Using the Platform
By using this Platform, the Online Content and BlueDOT online email platform services and materials, you confirm that you have read, agree and are in compliance with these Terms and the Policies (each as amended from time to time). Use of the Platform and access to its Contents by anyone under the age of 16 is strictly prohibited.
Your use of and access to this Platform and the Contents are subject to the following conditions (“Acceptable Use Conditions”), and you agree that failure to comply with any one of the Acceptable Use Conditions will constitute a breach of these Terms. The Acceptable Use Conditions are as follows:
- You agree to use the Platform and access the Contents only for lawful purposes and your use of the Platform and Contents is in no way unlawful or fraudulent;
- You agree not to use or access the Platform or the Contents for the purpose of harming or attempting to harm minors in any way;
- You agree not to distribute all or any part of the Platform or Contents in any medium without our prior written consent, unless such distribution is offered through the functionality of the Platform and permitted by these Terms including, without limitation
- You agree not to alter or modify any part of the Platform or the Contents;
- You agree not to (and will not attempt to) circumvent, disable or otherwise interfere with any security related features of the Platform or any features that (i) prevent or restrict use or copying of content or (ii) enforce any limitations on you, the use of the Platform or access to the Contents;
- You agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- You agree not to use or access the Platform or Contents for any commercial uses or for the benefit of any third party, including but not limited to:
- the sale of access to the Contents or any associated content;
- the solicitation of business in the Service of E mail or in connection with a commercial enterprise; and
- the solicitation of any Visitors or Users of the Platform with respect to their content for commercial purposes;
- You agree to use the Platform and access the Contents in a way which does not infringe the rights of third parties or restrict or prevent anyone else’s use and enjoyment of the Platform, Contents;
- You agree not to ask for, collect or harvest any personal data of any Visitor or Users of the Platform or Contents;
- You agree not to post, upload, email or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes;
- You will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the Platform or app (including without limitation the Contents) for any other purpose other than as permitted by these Terms without our prior written consent;
- You agree not to use the Platform or the Contents in any manner intended to damage, disable, overburden or impair any BlueDOT Email, LLC server or the network(s) connected to any BlueDOT Email, LLC server, or infringe any requirements, procedures, policies or regulations of any servers or networks connected to the Platform;
- You agree not to use any high volume, automated, or electronic means to access the Platform or the Contents (including without limitation robots, spiders or D:DOS);
- You agree not to frame the Platform or the Contents, place pop-up windows over its pages, or otherwise affect the display of its pages;
- You agree not to access or attempt to access any other Visitor or User’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited misrepresenting your affiliations with a person or entity, past or present;
- You agree not to force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Platform; and
- You acknowledge and agree that the form and nature of the Platform and Contents which we provide may change from time to time without prior notice to you.
- You acknowledge and agree that we may stop (permanently or temporarily) providing the Platform, Contents (or any part of the Contents) to you or to Users generally for whatever reason, at our sole discretion, without prior notice to you.
- You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of that breach (including, but not limited to, any loss or damage which we or any third party may suffer).
Our Services; License
Our Services may allow you and other users to create, post, store and share marketing, communications, or other content, including, but not limited to, email, text or SMS messages, photos, videos, software and other materials, and review or message boards (collectively, “Marketing Content”). Except for the license you grant below, you retain all rights in and to your Marketing Content, as between you and BlueDOT Email. You grant BlueDOT Email a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, adapt, publish, translate, distribute, and display your Marketing Content to the recipients or audience designated by you or otherwise in accordance with the settings you specify in the Services. As a part of the Services, we may view, copy, and internally use Marketing Content to help us train and improve the Services, including their functionality and effectiveness for you and your campaigns, as well as to assist us in detecting issues. You may not to create, post, store or share any Marketing Content that violates these Terms, including our Acceptable Use Policy or for which you do not have all the rights necessary to grant us the license described above. When using the Services, you may import data, including personally identifiable information, regarding your Contacts (as defined below) (“Contact Data”). We view and use Contact Data only to provide Services to you, at your direction and, as part of the Services, to train, detect issues with our Services, and to ensure their proper functioning. We do not disclose Contact Data to third parties, except as follows:
- We may share Contact Data with our third party service providers to provide our Services or administer the site.
- If any portion of BlueDOT Email is sold, Contact Data may be part of the business assets we transfer. Contact Data also may be disclosed if BlueDOT Email is considering or completes the financing, securitization, insuring, sale, assignment or other transfer of all or part of the company.
- We may disclose Contact Data as we reasonably believe is necessary to comply with any judicial or governmental subpoenas, warrants or orders.
- We reserve the right to use, disclose and share your information and Contact Data to investigate, prevent or take action with respect to any potential or actual fraud, illegal activities, circumstances which threaten the physical safety of any person, violations of these Terms of Service or as otherwise required by law.
- We may receive requests directly from individuals, including your Contacts, not to receive emails from our Services. To comply with international data protection laws and to respect their requests, we place those individuals on a communications exclusion list (“Global Exclusion List”) so that they may no longer receive communications from our Services. If a requesting individual is a Contact in your database, we will use commercially reasonable efforts to notify you of such request before placing that Contact on our list
Compliance with Laws
You represent and warrant that your access to and use of the Services will comply with all applicable laws, rules and regulations, including but not limited to Export Control and Sanctions Laws (defined below) and those that relate to privacy and data protection and to the sending of electronic communications. You further represent and warrant that you have a lawful basis for processing and sending Marketing Content and communications to your customers, business contacts or followers who consent to receiving marketing messages from you or on your behalf (“Contacts”), whether through legally appropriate consents or otherwise. You will not provide BlueDOT Email or upload to the Services, or take any actions with respect to, any Marketing Content or Contact Data for which you do not have a lawful basis for processing, permissions or consents in accordance with applicable data protection laws. You (and not BlueDOT Email) are responsible for ensuring that you meet all notice and consent obligations for sending communications to individuals in the jurisdictions where they reside. While our Services allow you to manage and access consents and other Contact Data, you acknowledge and agree that you, and not BlueDOT Email, have sole responsibility for maintaining all records relating thereto. You are solely responsible for determining whether our Services are suitable for use in light of any laws and regulations that govern your entity, industry, or relationship with your own Contacts, including but not limited to consumer protection, privacy, advertising, intellectual property or other laws. You may not use our Services for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce. You further represent and warrant that your use of the Services, including the information that you upload to or make available through the Services will not cause BlueDOT Email to violate any applicable laws, rules and regulations, including but not limited to those that relate to privacy and data protection and to the sending of electronic communications
Limited License; Copyright and Trademark
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “BlueDOT Email Content”) are owned by or licensed to BlueDOT Email and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, BlueDOT Email and our licensors reserve all rights in and to our Services and the BlueDOT Email Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and BlueDOT Email Content for (i) your own personal use or (ii) if you are a business or organization, to communicate about your business or organization with your Contacts. However, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or BlueDOT Email Content; (b) copy, reproduce, distribute, publicly perform or publicly display BlueDOT Email Content, except as expressly permitted by us or our licensors; (c) modify the BlueDOT Email Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or BlueDOT Email Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or BlueDOT Email Content other than for their intended purposes. Any use of our Services or BlueDOT Email Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein
For the purpose of this User Agreement, “Confidential Information” shall be deemed to include all information and materials that: (a) if in written format is marked as confidential, or (b) if disclosed verbally is noted as confidential at the time of disclosure, or (c) in the absence of either (a) or (b) is information which a reasonable party would deem to be non-public information and confidential.
- Confidential Information shall include without limitation: this User Agreement; all information provided on and/or through the Platform and/or our Services; E mail secrets, inventions, research methods, methods of compiling information, methods of creating our database, procedures, devices, machines, equipment, data processing programs, software, computer models, research projects, and other means used by us in the conduct of our business; product formulations, strategies and plans for future business, new business, product or other development, new and innovative product ideas, potential acquisitions or divestitures, and new marketing ideas; information with respect to costs, commissions, fees, profits, sales, markets, sales methods and financial information; mailing lists, the identity of our customers, potential customers, distributors, and suppliers and their names and addresses, the names of customer representatives responsible for entering into contracts for our products or services, the amounts paid by customers to us, specific customer needs and requirements, and leads and referrals to prospective customers; and the structure, sequence, and organization of our database, together with source code and object code; and the identity of our employees, their respective salaries, bonuses, benefits, qualifications and abilities.
- You acknowledge and agree that the nature of our confidential, proprietary, and E mail secret information to which you have, and will continue to have access to, derives value from the fact that it is not generally known and used by others in the highly competitive, international industry in which We compete. You further acknowledge and agree that, even in complete good faith, it would be impossible for you to work in a similar capacity for a competitor of ours without drawing upon and utilizing information gained pursuant to this User Agreement.
- You acknowledge that you are receiving such Confidential Information in confidence and will not publish, copy, or disclose any Confidential Information without prior written consent from the BLUEDOT EMAIL, LLC. You further agree that you shall not attempt to reverse engineer, de-compile or try to ascertain the source code to our software or any other software supplied hereunder. You acknowledge that you will only use the Confidential Information to the extent necessary to promote your business, and that you will use best efforts to prevent unauthorized disclosure of the Confidential Information to any third party.
- The obligation of confidentiality shall not apply to any particular portion of Confidential Information which: (a) was in the public domain when we granted access to you; (b) entered the public domain through no fault of you subsequent to receipt; (c) was in your possession free of any obligation of confidence at the time of the disclosure by us; (d) was rightfully communicated by a third party to you free of any obligation of confidence subsequent to the time of the originating party’s communication thereof to you; (e) was developed by you independently of and without knowledge or reference to any Confidential Information; (f) is approved for release by written authorization from us; or (g) is required to be disclosed pursuant to any statute, law, rule or regulation of any governmental authority or pursuant to any order of any court of competent jurisdiction, but in any case, you will immediately notify us before disclosure and given a reasonable opportunity to obtain a protective order or other form of protection.
- You agree that you will not make any derogatory statements, either oral or written, or otherwise disparage us, our products, employees, services, work and/or employment, and will take all reasonable steps to prevent others from making derogatory or disparaging statements. You agree that it would be impossible, impractical, or extremely difficult to fix the actual damages suffered by reason of a breach of this paragraph, and accordingly hereby agree that five thousand pounds ($5,000) shall be presumed to be the amount of damages sustained by reason of each such breach, without prejudice to our right to also seek injunctive or other equitable relief.
- Other than as expressly provided for herein, in no event shall you be deemed by virtue hereof to have acquired any right or interest by license or otherwise, in or to the Confidential Information.
- You and We agree that all originals and any copies of the Confidential Information remains the property of BlueDOT Email, LLC. You shall reproduce all copyright and other proprietary notices, if any, in the same form that they appear on all the materials provided by us, on all copies of the Confidential Information made by you. You agree to return all originals and copies of all Confidential Information in your possession and/or control to us at our request.
Throughout your use of the platform and BlueDOT Email, LLC resources, you may be able to provide content to the Platform by uploading notes and replies, User discussions, profile pages, other content and media for social interaction, and written assignments, surveys, questions, hypothetical, examples, etc. (collectively, “User Content”).
We do not claim ownership of any User Content you may submit or make available for inclusion on the platform or BlueDOT Email, LLC Contents. Accordingly, subject to the licence granted to us and any applicable affiliates, the User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.
ANY USER CONTENT THAT YOU UPLOAD, POST OR OTHERWISE TRANSMIT VIA the WEB SITES, ELECTRONIC MAIL OR OTHERWISE, INCLUDING ANY VIDEO, MULTIMEDIA, DATA, QUESTIONS, COMMENTS, SUGGESTIONS OR THE LIKE IS, AND WILL BE TREATED AS, NON-CONFIDENTIAL AND NON-PROPRIETARY. Any and all User Content may be used by us for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Including, but not limited to, improving Services, and/or developing curriculum for future Services without incurring any obligation whatsoever to you, and by sending such communication, you waive all your rights thereto.
YOU ACKNOWLEDGE THAT YOU HAVE NO EXPECTATION OF PRIVACY WITH RESPECT TO ANY CONTENT THAT YOU SUBMIT AND THAT ANY CONTENT YOU SUBMIT MAY BE VIEWED BY BLUEDOT EMAIL, LLC, BLUEDOT EMAIL, LLC OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS, AND OTHER ATTENDEES OF THE SERVICE PROGRAM
License to Use
Subject to your compliance with these Terms, we grant you a fully revocable, worldwide, non-exclusive, non-transferable, non-sub-licensable limited right and license:
- to access, internally use and display the platform and BlueDOT Email, LLC Contents as an individual only at your location solely as necessary to browse and/or participate in the BlueDOT online email platform services provided by BlueDOT Email, LLC
- You must abide by all copyright notices or restrictions contained on the Platform or BlueDOT Email, LLC Contents. You may not delete any attributions, legal or proprietary notices on the Platform or BlueDOT Email, LLC Contents.
- Users are not allowed to download any of our material, anyone found guilty of this will have his account and services cancelled and also will be reported to the appropriate authority.
DMCA Copyright Complaints
It is our policy that any content included on the BluDOT Email LLC Website Platform or within BlueDOT Email, LLC platform that infringes, or is likely to infringe, the intellectual property rights of any third party will be removed from the Platform as soon as possible after we are made aware of such infringement or potential infringement.
If you are the owner of intellectual property rights, or are authorized to act on behalf of an owner, or authorised to act under any exclusive right, you should report any alleged infringements of your intellectual property rights taking place on or through the Platform by emailing a Copyright Infringement Notice to Info@BlueDOTEmail.com, containing at a minimum the details outlined in section below.
We will take whatever action, in our sole discretion, we deem appropriate, including the removal of the challenged content. When you notify us in accordance with Copyright Notice terms, your written Copyright Infringement Notice must contain the following:
- statement telling us you believe that you have found content on the Platform which you believe infringes your intellectual property rights;
- which country your intellectual property rights apply to;
- the title of the content concerned and the full URL for access to that content;
- Statement explaining how the content infringes your intellectual property rights;
- Your mailing address, telephone number and email address so that we can contact you;
- a statement that the information contained in the notice is accurate and that you are the owner of the intellectual property rights or have an exclusive right in law to bring infringement proceedings in respect of its use; and
- Your signature (an electronic signature is sufficient).
We will, act in our sole discretion, terminate User Accounts and access to the Platform in the first instance of any infringement, there won’t be any warnings. Zero-tolerance policy (regardless of whether the User has taken appropriate action as we may (direct).
Your subscribers Permission is required
When having subscribers subscribe you must ensure that they know you will be sending them emails. You should also let them know how frequently they can expect to receive emails. By having this information up front and easy for your subscribers to understand you can ensure lower bounce, unsubscription, and complaint rates.
Importing your existing subscribers
You are able to import your existing subscribers without requiring an additional opt-in process by our service. Any subscriber you import should have already opted in to receive your emails. Importing subscribers who have not directly requested emails from you in the past (using your own opt-in process) cannot be imported.
Paid lists, rented lists, borrowed lists, etc.
We do not allow any form of paid, rented, borrowed, etc. lists. If you did not directly get permission to send emails to a subscriber you cannot use our hosted email marketing service.
Using subscribers collected offline
You must have direct permission of every subscriber in your list to send them emails. This includes emails that you would obtain offline. If you ask people to subscribe offline (such as on a piece of paper) you must be able to provide documented proof of the subscribers giving you permission to email them. Please note that simply getting someone’s business card is not an acceptable opt-in and you cannot import or send to emails that you have obtained from business cards.
Your email content you send
Types of content we do not allow
There are a number of different content types we do not allow with our hosted email marketing service. The list includes (but is not limited to):
- Sexually Explicit Emails
- Illegal Substances or Goods
- Dietary supplements
- Pills or Online Drug Purchases
- Work At Home, Pyramids
- Day Trading Tips, Forex, etc.
- Get Rich Quick Schemes
- Internet Loans, Pay Day Advances
- Male enhancement products
- Escort and dating services
Any content that is in one of the above categories can not be sent using our service. There are absolutely no exceptions allowed. This is to allow us to focus on building our service and maintaining the highest level of deliverability possible.
You must have an unsubscribe link with every email sent. This is to comply with our terms and email sending laws. We will automatically place an unsubscribe link in your emails to ensure you do not violate email sending laws.
Sender information (physical address)
You must have a full & legitimate physical address included with every email sent. The address should be the physical address of the individual or company sending the email. You can set the sender address per list by going to (Lists > Edit)
Your sending practices and results
High bounce rate
If you receive a high bounce rate for your campaign(s) that is a sign that you may not have direct permission to send to your subscribers or the process in which you requested/gathered subscribers does not fit our policies or industry standards. Accounts with abnormal bounce rates may be put under review. If you receive an above average bounce rate you would need to look into your process for subscriptions, ensuring your subscribers know what types of emails (and how often) they will receive when subscribing, etc.
High un-subscription rate
We continually analyze un-subscription rates from your campaigns. Accounts that have an abnormal amount of Un-subscribes may be put under review. If you receive an above average unsubscribe rate you would need to look into your process for subscriptions, ensuring your subscribers know what types of emails (and how often) they will receive when subscribing, etc.
High complaint rate
We maintain relationships with all the major ISP’s to ensure top deliverability. Part of keeping a relationship with ISP’s always us to analyze/obtain complaint data (in addition to complaints that are sent to us directly from subscribers) Using this data we can quickly find out if an account has an abnormal complaint rate. Accounts with above average complaint rates are put under review. By maintaining strict standards for complaints we can ensure that all of our legitimate and low complaint users have amazing deliverability.
Privacy and Security
You represent and warrant that:
- You are over 16 years of age and that you possess the legal right and ability to accept these Terms and to use the Site and the Service in accordance with these Terms.
- You agree to be financially solely responsible for your use of the Site and any of its services (as well as for the use of your Account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in these Terms.
- You are not relying on any representation made by us that has not been stated expressly in these Terms, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material that we have produced.
- You will conduct such tests and virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from any BlueDOT Email, LLC server does not contain any virus and will not, in any way, corrupt the data or systems of BlueDOT Email, LLC or of any User or other person.
- You will keep secure any passwords used to sign in your account on BlueDOT Email, LLC platform.
- You will hold the necessary Intellectual Property Rights (including licenses thereto) and will continue to possess such necessary rights in any User Content you upload into the Site for as long as Users require access to such User Content you commercialized through the Site.
- You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page or similar Service, use on any other any web site or product or similar Service, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service, other than for use as contemplated in the Service in accordance with these Terms. This means, among other activities, that you agree not to deploy “robots” or “spiders” “database scraping”, or any other activity with the purpose of obtaining lists of users or other information. You also agree that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. Except with our written permission, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Service. If you attempt to access prohibited areas of the Service, you may be subject to prosecution.
- You accept full responsibility for all information, User Content and other material you post and issue through the Site, and you will indemnify us and hold us harmless against (i) any liability in relation thereto, as well as for all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from your breach of these Terms, and (ii) your use or misuse of the Site or the Service and the use or misuse of the Site or the Service by any person using your account. In particular, you undertake that you shall not publish or issue any information that is illegal, offensive, defamatory or deceptive. You also acknowledge that we do not vet or approve any information or material available through the Service and that we do not accept any liability.
Links to third parties web Sites
The Platform may contain links to teaching materials from other sources on other platform (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. We do not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that:
- We have no responsibility for the accuracy or availability of information provided by Linked Sites; and
- We do not control or endorse the sponsors of such Linked Sites or the content, products, advertising or other materials presented on such Linked Sites.
- We may remove any links to Linked Sites from the Platform at any time for any reason.
- We will not be liable for any transactions conducted by you with third parties through any Linked Site or for any liability arising from any representations or information provided on such Linked Sites.
- We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership between us and the operator of such Linked Site.
Intellectual Property Rights
All Intellectual Property Rights in any information or Service materials supplied by BlueDOT Email, LLC (not limited to BlueDOT online email platform services and recorded video materials, BlueDOT Email, LLC sites) are, and remain, the intellectual property of BlueDOT Email, LLC, whether adapted, written for or customized for an individual taking a Service or not.
No individuals are authorised to:
- Copy, modify, reproduce, re-publish, license, sell, upload, broadcast, post, transmit or distribute any material provided from BlueDOT Email, LLC or its Mobile App sites without prior written permission;
- redistribute/resell/use any material provided by BlueDOT Email, LLC
- Remove any copyright or other notice of any materials provided by BlueDOT Email, LLC; modify, adapt, merge, translate, disassemble, decompile, any software forming part of any material by BlueDOT Email, LLC.
Breach of any intellectual property rights shall allow BlueDOT Email, LLC to terminate these terms and conditions, and commence any legal action as it deems necessary. BlueDOT Email, LLC also has the right to disclose any user identity to any third party who is claiming that any material posted or uploaded by you to the BlueDOT Email, LLC platform constitutes a violation of their intellectual property rights, or of their right to privacy.
Any request for permission to use our content or images, or other use of our intellectual property not authorised under a subscription, should be made by emailing us at Info@BlueDOTEmail.com. With the exception of personal information, the use of which is covered by data protection, any material you send or post to BlueDOT Email, LLC shall be considered nonproprietary and non-confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.
WE DO NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY MARKETING CONTENT, THIRD-PARTY CONTENT OR THIRD-PARTY SERVICES MADE AVAILABLE ON OR LINKED TO BY OUR SERVICES. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, BLUEDOT EMAIL DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE BLUEDOT EMAIL ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES. AS BETWEEN YOU AND BLUEDOT EMAIL, YOU WILL BE SOLELY RESPONSIBLE FOR RESPONDING TO AND HONORING ALL REQUESTS RELATING TO THE RIGHTS OF YOUR CONTACTS AND THEIR PERSONAL DATA PURSUANT TO AND IN ACCORDANCE WITH APPLICABLE DATA PROTECTION LAWS.
Limitation of Liability
BLUEDOT EMAIL AND THE OTHER BLUEDOT EMAIL PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF BLUEDOT EMAIL OR THE OTHER BLUEDOT EMAIL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF BLUEDOT EMAIL AND THE OTHER BLUEDOT EMAIL PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS OR USE OUR SERVICES. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF BLUEDOT EMAIL OR THE OTHER BLUEDOT EMAIL PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Your Liability to Us
You indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from:
- You submitting user Content to the Platform or participating in the BlueDOT online email platform services
- Your access to or use of the Platform or BlueDOT Email, LLC Services;
- Your breach of any of these Terms; and
- Any negligent act or omission, deliberate default or breach of statutory duty on your part.
- Each indemnity in this paragraph is separate and independent from the other obligations in these Terms. Each of these indemnities is to remain fully effective despite any indulgence granted from time to time and despite any judgment or order.
If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Exclusion of Liability
BlueDOT Email, LLC is not liable or responsible for any loss or damage that may result to you or a third party as a result of your or their use of BlueDOT Email, LLC platform or its Mobile App sites. This exclusion covers all servicing, costs, indirect or consequential loss, and whether in tort or contract or otherwise in connection with BlueDOT Email, LLC platform.
Nothing in these terms and conditions shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the contract law in Finland); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom.
For contractual purposes, you (1) consent to receive communications from BlueDOT Email, LLC in an electronic form such as email, to provide special deals, and promotion; (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that BlueDOT Email, LLC provides to you electronically via email satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.
Transfer and Processing Data
By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
Export Control, Sanctions Compliance and Anti-Corruption Compliance
Export Control and Sanctions Compliance
The receipt and use of our Services may be subject to export control and economic sanctions laws of the United States and other applicable government authorities (“Export Control and Sanctions Laws”). You agree to abide by all Export Control and Sanctions Laws as they relate to your access and use of our Services. You will not, directly or indirectly, access or use our Services if you are located in a jurisdiction where the provision of our Services is prohibited by law (a “Prohibited Jurisdiction”), including Cuba, Iran, North Korea, Syria, and the Crimea region. You also will not provide access to or allow the use of our Services by any government, entity or individual: (a) located in any Prohibited Jurisdiction; or (b) identified on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce’s Denied Persons List or Entity List, or subject to any other expert control or economic sanctions lists or programs. You represent and warrant that: (a) you are not named on or subject to any government sanctions programs or list of persons or entities prohibited from receiving U.S. exports, or engaging in transactions with any U.S. person; (b) you are not located in, or a company registered in, any Prohibited Jurisdiction; and (c) you will comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you are located.
You will comply with all applicable United States and international anti-corruption and anti-bribery laws and regulations, including the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act, and others as they relate to your access to and use of our Services. You acknowledge that you have not received or been offered any illegal or improper bribe, kickback, payment, gift or thing of value in connection with this Agreement.
If acquired by any agency of the U.S. Government, such agency acknowledges that (a) the App and Services constitute “commercial computer software” or “commercial computer software documentation” for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable; and (b) such agency’s rights are limited to those specifically granted under these Terms.
Law and Forum for Legal Disputes
Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of or connected with the Promotion Terms, any Rewards Offer or these Terms shall be resolved individually, without resort to any form of class action, and exclusively by the Arbitration Act 1996 (c 23) this is an Act of Parliament which regulates arbitration proceedings within the jurisdiction of Overland Park Municipal Courts (except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below) and shall be governed by the laws of Overland Park Municipal Courts regardless of your country of origin or where you access our services, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods and services. You and BlueDOT Email, LLC agree to submit to the personal jurisdiction of the courts located within the United State for the purpose of litigating all such Claims. Notwithstanding the above, you agree that BlueDOT Email, LLC shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Arbitration Agreement and Option
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
- The arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
- The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
- Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
You acknowledge and agree that any violation or breach of the Terms may cause BlueDOT Email, LLC immediate and irreparable harm and damages. Accordingly, and notwithstanding any other provision of these Terms or other applicable legal requirements, you acknowledge and BlueDOT Email, LLC reserves the right to, in its discretion, immediately seek and obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek and obtain permanent injunctive relief regarding any violation or breach of these Terms. In addition to any and all other remedies available to BlueDOT Email, LLC in law or in equity, BlueDOT Email, LLC may seek specific performance of any term in these Terms, including but not limited to by preliminary or permanent injunction.
Waiver of Jury Trial
YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY
You should not solely rely on the Material, but should instead seek other opinions before taking or failing to take any action which could lead to injury, harm, death or damage of any kind.
This Agreement is the entire agreement between the user and BlueDOT Email, LLC and supersedes any prior understandings or agreements (written or oral).
BlueDOT Email, LLC and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Digital Millennium Copyright Act Notice Policy.
Copyright (C) 2020 (S) Of First Publication BlueDOT Email, LLC
Subject to the express provisions of these terms and conditions. We, together with our licensors, own and control all the copyright and other intellectual property rights in BlueDOT Email, LLC platform and the material on our platform; and
All The Copyright And Other Intellectual Property Rights In BlueDOT Email, LLC Platform And The Material On Our Platform Are Reserved.
Data Protection Policy
Governing Law and Jurisdiction
These Terms And Condition And Your Use Of BlueDOT Email, LLC Platform Are Governed By the Overland Park’s Municipal Court. Including That Required By The European Union GDPR Regulation, Each Party Shall Apply To The Overland Park’s Municipal Court Which Holds The Jurisdiction On The Disputes Without Regard To Conflict Of Law Provisions.
Any Disputes Relating To These Terms And Conditions Shall Be Subject To The Exclusive OR Non-Exclusive Jurisdiction Of the Overland Park’s Municipal Court.
If You Have Any Questions about These Terms & Condition, Please Contact Us at Email Info@BlueDOTEmail.com