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Terms of Service


Acceptance of Terms

This is the Terms of Use Agreement (Terms of Use) containing the terms and conditions for the use of The Bright Mail™ (this site, or this service as applicable), a secure email service accessible through TheBright.com®, which is owned and operated by Bright Mountain, LLC. This site, The Bright Mail™, TheBright.com®, and Bright Mountain, LLC are hereinafter referred to as Bright Mountain®, this service, us, we, or our as applicable in this document.

Your access and use of this service, the various online resources and services offered by or at this site (which includes, but is not limited to, content, information, material, products, services, software, secure email, various online materials and content, original content, and Third Party provided content which includes and is not limited to plugins, products, information, other content and materials), or anything made available on or in any part of this site, including but not limited to, the services, web sites and web pages, any content provided and any other provided information and/or services in any manner is your agreement to comply with the Terms of Use of this site. In addition to agreeing to the Terms of Use, you are agreeing to the Privacy Policy(s), Disclaimer(s), and any other such documents posted on this site. All Third Party providers of this site are also agreeing to be subject to this Terms of Use, as well as the Privacy Policy(s), Disclaimer(s), and any other such documents posted on this site. If you do not agree with any part or item of these Terms of Use, you must immediately discontinue use of this site.

All visitors/users of this service are urged to exercise reasonable prudence in all interactions, transactions, and any and all other activities and/or conduct while using this site and/or contacting or responding to contacts made through use of, viewing, or employing any of the various online resources and services provided, included on, or otherwise made available through this site. This site is intended for use by those who are 18 years of age or older.

You are urged to carefully review the privacy policies, terms or use, and any other related documents and materials of any and all Third Parties providing any of the various online resources and services, or anything else made available on this site.

You, the User, are responsible for conducting any necessary, prudent, appropriate, judicious investigation(s), research, inquiry, or due diligence with respect to your interactions with others.

You agree to indemnify and hold this site, TheBright.com®, and Bright Mountain, LLC and all their agents, representatives, employees, and officers harmless from and against any claims, cause of action, demand or damages associated with or related to your interactions with others. Any attorney's fees and costs incurred by this site, TheBright.com®, and Bright Mountain, LLC, and all their agents, representatives, employees, and officers are included in this indemnification.

Typographical Errors

We do not warrant that any content contained in this or related sites is accurate, complete, reliable, current, free of errors or inaccuracies, typographical errors, and are not responsible or liable for any actions taken based on such errors or information.

The Bright Mail™ Available E-Mail Products

There are a few E-Mail products made available through The Bright Mail™. Currently a Personal E-Mail product is available, Business E-Mail and HIPAA compliant E-Mail Accounts will also be available. The Business E-Mail and the HIPAA compliant E-Mail include all of the features of the Personal E-Mail and have additional features. The HIPAA E-Mail Accounts are HIPAA compliant per the standards set forth in 45 CFR 160 and 164. A Business Associate Agreement must be executed for purchasing a HIPAA E-Mail Account Subscription. CLICK HERE for more information about E-Mail products available through The Bright Mail™

Signing Up/Subscribing, Settings/Account Area, The Bright Mail™ Mail Area (Mail Area), Cancellation Policy

Signing-up/Subscribing to this service is voluntary on the part of the User. At the time of signing-up an email address and a password are collected; other actions or activities at this site may require additional information; for example: paying for your plan at The Bright Mail™ will require additional information. The Bright Mail™ plans have a one-year duration. When you subscribe to and use this service you agree to provide accurate and complete information, and further agree to keep your profile information complete and accurate.

An Account area is made available to each User of this service according to their selection(s) at the time of signing-up. This Account area is provided for use by the User to maintain their profile, settings, and other related activities. Users assume sole and complete responsibility for the confidentiality and maintenance of, and the content of their Account. You agree to notify us immediately of any security breach of your Account. We are not responsible for any losses arising out of the unauthorized use of your Account.

A Mail Area is made available to Subscribers (Users) of this service according to their selection(s) at the time of signing-up. The Bright Mail™ Mail Area is provided for use by the User to use and maintain E-mail through this service (which includes but is not limited to sending, receiving, and storing E-Mail messages), and other related activities. Users assume complete responsibility for the confidentiality and maintenance of, and the content of their Bright Mail Area and the E-Mails transmitted through this service (including but not limited to E-Mails sent, received, and stored). By subscribing to and using this service you agree to be bound by the Terms of Use, Privacy Policy, and all other related documents. We retain the right to terminate your account immediately without notice if it is determined that you are not adhering to the Terms of Use, Privacy Policy, and all other related documents. You agree to notify us immediately of any security breach of your Mail Area. We are not responsible for any losses arising out of the unauthorized use of this service and/or your Mail Area.

Cancellation Policy: All sales are final, and User initiated Account cancellations are not accepted. No refunds are available from us for signing-up for this service. At the time of purchase (subscribing) a non-refundable/non-returnable transaction has taken place. The User can opt to not renew their service. Users have thirty-days (30) from the date of the Renewal Reminder E-Mail to backup their E-Mail to a different E-Mail Account.

User Transmissions and Other User Data/Information

User Transmissions include, but are not limited to emails and their complete content (content includes, but is not limited to the email itself, files, messages, images, photos, posts, comments, video, links, or other materials, and any other information and/or communication that a user transmits using this service). Users of this service assume sole and complete responsibility for all of their transmissions (User Transmissions) using this service, and all of the content in their transmissions.

Person(s) using this service and/or transmitting content using this service must respect the property rights of others, including but not limited to the rights conferred by copyright, trademark, and other laws protecting individual property rights. In addition, person(s) using this service and/or transmitting content represent and warrant that they own or control all of the rights to the content, that the content is accurate, that the use of that content does not violate this policy and will not cause injury or harm to any person or entity; and that you indemnify us for any claims resulting for the content that has been posted or submitted. We retain the right, but not the obligation, to monitor, edit or remove any content or activity.

We assume no liability or responsibility and do not make any representations or warranties regarding the authenticity, accuracy, completeness, or reliability of any content transmitted by users of this site, Third Party providers of any content.

We are not responsible for the actions of E-Mail recipients, and you agree to indemnify and hold harmless Bright Mountain®, any and all of its affiliated companies/businesses, suppliers, and other parties from any claims, damages, losses, liabilities, and including attorneys' fees which arise out of an E-Mail recipient retaining any material of any E-Mail transmission from you.

Other User Data/Information that is not Personally Identifiable Information may be included on this site. Any Other User Data/Information, and/or User Transmissions other than the Personally Identifiable Information covered under the Privacy Policy of this site is considered to be non-confidential and non-proprietary.

We have no, and will not assume any, obligations or liabilities with respect to any data/content/information posted to or maintained on this site by any user or Third Party. All data created by you is deemed under your control and in your possession. We assume no obligation to maintain such data and you agree to indemnify us from any costs, claims, damages, losses, liabilities, and including attorney's fees, associated with any request for such data.

Email Retention Policy: General Policy, Email, Messaging Rules, and Duration of Service

General Policy: We reserve the right to manage our network for the greatest benefit of the greatest number of users of this service including, but not limited to rate limiting, rejecting and/or removing spam or otherwise unsolicited bulk e-mail, anti-virus and anti-spam mechanisms, traffic prioritization, and protocol filtering. You agree to and expressly accept that such actions on our part may affect the performance of this service. We also reserve the right to enforce limits on certain or specific features of this service, including but not limited to, email storage, unchecked or dormant e-mail. We reserve the right, at any time and at our sole discretion, to change the pricing on any Email products that we offer.

Duration of Service: Each plan provides access to this service for a one-year period, and the subscriber will be charged on a annual basis for their account(s).. Renewal reminders will be sent to users prior to the end date of their access to this service. There is a thirty-day (30) grace period after the one-year period to complete a renewal to maintain access to this service. All user information and data (including but not limited to the account area and the Mail Area) will be permanently deleted at the end of the thirty-day (30) grace period.

Email: The Bright Mail™ Personal E-Mail product made available through this service is described below:

-  Each registered User gets two mailboxes under the same address at The Bright Mail™.

o   Open Network Mailbox: works the same as most email services, except we do not read the contents of your email, or sell your information

o   Private Network Mailbox: emails can be sent and received only between users on the private network

-  Currently the personal email is offered free of charge.

-  Email Box Sizes (storage): Each mailbox (the Open Network Mailbox and the Private Network Mailbox has 5GB of storage.

-  Maximum attachment size is 25MB

-  Contact us at info@thebright.com for information about discounts for purchases of five (5) or more accounts.

-  Setup instructions for The Bright Mail™ can be accessed by CLICKING HERE

-  Vaporize Feature: The vaporize feature is available in the Private Network Mailbox. This feature allows the User to set the amount of time the E-Mail recipient has to read the E-Mail before it vaporizes (disappears). Due to the sophistication of electronic devices (including but not limited to tablet, phones, computers, and televisions) the E-Mail recipient does have the capability to retain an image or copy of any content included in any User Transmission received and/or displayed on an electronic device prior to the E-Mail being vaporized. The vaporize feature cannot prevent, and makes no guarantee or claim to prevent, the retention of any content in any of your E-Mail transmissions using The Bright Mail E-Mail. We are not responsible for the actions of E-Mail recipients, and you agree to indemnify and hold harmless Bright Mountain®, any and all of its affiliated companies/businesses, suppliers, and other parties from any claims, damages, losses, liabilities, and including attorneys' fees which arise out of an E-Mail recipient retaining any material of any E-Mail transmission from you.

Messaging Rules:

-  At the time of deactivation the following content items (whether read or unread) are deleted: Including, but not limited to Drafts, Junk Folder, Trash, and Sent Items.

-  Rate Limiting: 200 maximum recipients; 200 maximum messages per hour

Duration of Service: Each plan provides access to this service for a one-year period. Renewal reminders will be sent to users prior to the end date of their access to this service. There is a thirty-day (30) grace period after the one-year period to complete a renewal to maintain access to this service. All user information and data (including but not limited to the account area and the Mail Area) will be permanently deleted at the end of the thirty-day (30) grace period.

Children under 13 and Children under 16

Personally Identifiable Information is not knowingly collected by this site from children 16 years of age and under. If we learn that information has been collected from a child at or under the age of 16 without verification of parental consent the information will be deleted as quickly as reasonably possible.

Disclosure and Use of Your Communications; Electronic Communications

Visitors and Users of this site consent to receive electronic communications (e-mail) from us regarding your account. We will communicate with Visitors/Users via e-mail or by posting notices to this site. Visitors/Users of this site agree that all agreements, notices, disclosures, and other communications provided to you by us electronically will satisfy any legal requirements for communication in writing.

Prohibited Conduct: Users, and all those who use and/or visit this service agree that they will NOT directly or indirectly, personally or in any manner effect or invoke any other party to:

1.     Harass, demean, stalk, threaten, and/or defraud others at this service.

2.     Post, send, provide, request, distribute, link, or in any way make available any inappropriate or offensive content or materials including, but not limited to: pornographic or sexually explicit, threatening, hostile, violent, embarrassing, harmful, hateful, racially insulting, ethnically insulting, deceptive, defamatory, tortious, libelous, or otherwise inappropriate or offensive content or material

3.     Post, send, provide, distribute, request, link, make, discuss, depict, or in any way make available any form of child, or any other, person or creature, abuse, cruelty, sexuality, exploitation, or any other related materials or topics posing harm to, or threatening the security of a child or an individual.

4.     Post, make, request, send, link, or provide inappropriate or unsolicited advertisements, offers, or proposals for services, goods, or any other commercial activities.

5.     Access or attempt to access another person's account at this service, or impersonate another person of Bright Mountain® staff member.

6.     Obtain, collect, or attempt to collect, or participate in the collection of any e-mail addresses, user and/or screen name(s), password(s), and/or any other identifiers of others (without their prior permission, or by hacking) and/or any other information from this service (which is a practice often referred to as spidering or harvesting), or participate in the use of software (including but not limited to spyware) developed or designed to facilitate this activity, or provide any such information to a Third Party.

7.     Use any of the information or site features for anything other than what they are intended to be used for. This includes the exploitation of any issues or glitches at this service for personal gain.

8.     Interfere, or intentionally interfere with, the security-related features, the operation of this site, or a member's enjoyment or use of this site; including trolling or any other such behaviors.

9.     Use this site, or encourage or entreat others to use this service for any illegal purpose or intent.

10.  Default on payments for purchases made at this site.

11.  Post, send, provide, request, link, distribute or in any way make available any content containing software viruses, worms, Trojan horses, code intended to damage, or otherwise interfere with any system, hardware, software, equipment, data, or any other information.

12.  Engage in misrepresentation of any sources, identification of, or content of information transmitted through this site, including false representations, or trademark, patent, or any other right or right of ownership infringement. For example: you are precluded from claiming as your own work anything created by another person.

13.  Attempt or encourage another to attempt to disassemble, decipher, reverse engineer, decompile, or in any manner attempt to attain any source code, underlying algorithms, or original ideas or content of any part of this site.

14.  Attempt, or encourage another to attempt to conduct to violate the security of this service, content, databases, services provided, network, Third Parties, or Third Party provided information/services, including, without limitation: a) accessing data or logging into servers, accounts, or databases unintended for such user(s), or which the user is not authorized to access; b) to probe, scan or test the vulnerability; c) to breach security or authentication measures without proper authorization; d) to interfere via means of, but not limited to, submitting a virus, overloading, "flooding", "spamming", "mail bombing", "crashing", or sending unsolicited email including promotions and/or advertising of products or services, or forging any TCP/IP packet header on any part of the header information in any posting; e) to use any device, software, or routine to interfere, or attempt to interfere with proper functioning of this site, content, databases, services provided, network, Third Parties, or Third Party provided information and/or services.

15.  Take, or encourage another to take intentional actions that impose an unreasonable or disproportionately large load on the infrastructure of this site, its services and content, server, or Third Parties.

16.  Resell or otherwise offer to make this service available to others, and shall not charge others for the use of the services made available at this site, in whole or in part, directly or indirectly, and/or on a bundled or unbundled basis. In addition, Users are prohibited from permitting others to access this site, whether wirelessly or through other means. Users further agree not to use this site or this service as an Internet Service Provider (ISP), telnet, rlogin, server site for FTP, email hosting or "web hosting" or other similar applications, or as an end-point on a LAN (local area network) or WAN (wide area network).

17.  Use this service for spamming, which includes, but is not limited to the following activities: Sending and/or Posting,

-  Bulk unsolicited emails and/or junk email

-  Emails that result and/or provoke complaints from recipients

-  Emails to distribution lists including people who did not give their permission to be included in such a list or process.

-  Commercial ads

-  Harassing other users of this service or the Internet, including but not limited to transmitting threatening, libelous, or obscene materials and/or communications.

-  Posting, sending, and/or transmitting through this service anything that constitutes or contains advertising, or any type of solicitation with respect to products and/or services.

-  Posting, sending, and/or transmitting petitions for signatures, chain letters or pyramid scheme or contest letters, or any other duplicative or unsolicited messages and or communications (commercial or otherwise).

18.  Use this service for facilitating and/or sending unsolicited commercial email or unsolicited bulk email, whether or not the email is commercial in nature.

19.  Impersonate another User, falsify a user name, age or identity in any e-mail or transmission, forging any message header of any electronic transmission, originating or passing through this service, and/or performing any other similar fraudulent activity.

Termination

We reserve the right to block, remove, or terminate any user's access at any time for any reason. Further, if you fail, or are suspected to have failed, to comply with any of the provisions of this Terms of Use or any other related documents, Bright Mountain® has the right, without notice to you to block, remove, or terminate your account and/or access to this site, and you will remain liable for any monies due up to the date of the termination of your account. We reserve the right to deactivate and terminate any account(s) that remains dormant for a forty-five day (45) period. When account(s) are deactivated and terminated due to a forty-five day (45) dormancy all account content will be deleted and the user name will be made available to new subscribers.

Ownership Notice and Usage Restrictions

This service is intended for your personal and non-commercial use only. All of the content, information, data, Third Party content supplied information, and any other information provided in this site is NOT intended for reproduction, distribution, sales or transmission by or for any business, commercial or public purposes. All materials that are included on this site are protected by their applicable laws (these laws include US and International copyright and trademark laws), and any unauthorized use, duplication, distribution or sales of such materials may violate copyright, trademark, and other applicable laws.

Third-Party Advertising Companies:

We do not serve ads from Third Party Advertising Companies on this site.

Your correspondence or business dealings with, or participation in promotions of, advertisers found in or through your transmissions using this site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such advertiser. You agree that Bright Mountain® shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers in your transmissions using this site.

Information for you about Third Party Advertising Companies (these companies): These companies employ behavioral advertising techniques, and may use information about your visits to websites to tailor advertisements about goods and services to your interests. Please Click Here for more information about this practice, and to find out about opting out of targeted advertising from these companies.

Indemnification

By virtue of your accessing this site you agree that you are solely responsible for use of this website. In addition you further agree to indemnify and hold harmless Bright Mountain®, any and all of its affiliated companies/businesses, suppliers, partners, licensors, and other parties from any claims, damages, losses, liabilities, and including attorneys' fees which arise out of your misuse or use of this site, violation of these terms, or the violation of any persons or entities rights, or any breach of the warranties, representations, and covenants made by you herein.

Disclaimer of Warranty and Limitation of Liability

This website and all content, information, materials, products, software, and services provided or made available through this site are provided to Visitors/Users "as is" and on an "as available" basis, unless otherwise specified in writing. Bright Mountain® does not make any representation or warranty of any kind, express or implied, regarding the operation or accuracy of this site, or of the content, information, materials, products, software, or services provided, included on, or otherwise made available through this site. further, Bright Mountain®, to the full extent permissIble by law, disclaims all warranties, express or implied, including, but not limited to implied warranties of merchantability and fitness for any particular purpose. Bright Mountain® does not warrant or represent that this site and any and all content, information, materials, products, software, or services provided, included, or otherwise made available through this site, their servers, or electronic communications are free of errors, defects, viruses, bugs, worms, or any other harMful components or items. Bright Mountain® shall not be liable for any damages resulting from the use or misuse of this site, or from any content, information, materials, products, software, or services provided, included, or otherwise made available through this site including, but not limited to direct, indirect, incidental, punitive, and consequential damages. visitors/users of this site agree that they use this site at their own risk.

Reservation of Rights

We reserve the right to take (in its sole discretion) any action or inaction as is allowed by law. These Terms of Use and documents referenced and incorporated herein constitute the entire representation made by Bright Mountain® regarding and relating to the subject matter of the Terms of Use. In the event that any part of these Terms of Use are declared or determined to be void, unlawful, invalid or unenforceable for any reason the remainder of these terms, conditions, and/or provisions will remain intact and will not be affected or impaired.

Modifications to Service

We retain the right to temporarily or permanently, and in part or in whole, change, modify or discontinue this site and/or any content on this site at any time and for any reason without prior notice.

Choice of Law and Choice of Forum

Person(s) visiting or using this site agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute that might arise. Any dispute relating in any way to your visit to, or use of, this site or to products or services sold or distributed by us or through this site shall be adjudicated by binding arbitration in Palm Beach County, Florida, and you consent to exclusive jurisdiction and venue therein and in any such court for the enforcement of any award of decision therefrom.

Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of this site and/or by and between you and Bright Mountain® and/or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Applicable Laws And Governing Language: Any person(s) who elect to access this site from outside of the United States of America do so at their own initiative, and by such election and initiative are assuming the responsibility for compliance with any local laws applicable to their use and access of this site. The Terms if Use herein disclosed are governed by and constructed in accordance with the applicable laws of the United States of America, and are without giving effect to any principles of conflicts of laws.

When and if any Bright Mountain® and/or The Bright Mail™ document (including, but not limited to the Terms of Use Agreement(s), Privacy Policy(s), or Disclaimer(s)) is translated for local requirements and/or use the English version of said document shall govern. In addition, in the event of any dispute between the English and any translated (Non-English) document, the English Document shall prevail, shall govern.

 

Our Address: Bright Mountain, LLC

P.O. Box 812158

Boca Raton, FL 33487

www.mail.thebright.com

info@TheBright.com

 

Whole Agreement: Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms of Use shall not apply.

Headings: Headings in these Terms of Use are for convenience only and have no legal meaning or effect, nor shall they be taken into account in interpreting these Terms of Use.



This site is owned and operated by Bright Mountain Media, Inc., a publicly owned company trading with the symbol: BMTM.

Copyright © 2018 The Bright Mail