Terms of Service

The email system has been developed to enable you to communicate with email subscribers that have opted-in (i.e. expressly given their permission) to receive information from your company. You may not use our product or service for the purpose of sending unsolicited email, or “Spam.” we respect anti-Spam laws and asks you to act accordingly.

• this system may not be used to send emails to individuals that have not opted-in to receive information via email from your company.All e-mail messages sent out must comply with all relevant federal and state laws and all content must not violate any federal, state law, code, or regulation, whether or criminal or civil in nature.All e-mail messages must comply with the following:

1. Message must originate from a valid from address ( this product takes steps to verify this).
2. Your company name, address, city, state, zipcode and phone number must be clearly included.
3. Unsubscribe must be clearly visible (this product will place an unsubscribe link in the e-mail).
4. Customer must comply with unsubscribe requests. An unsubscribed e-mail address should not receive any further e-mails.



You must follow the terms and conditions of our Usage Guide. The Usage Guide is incorporated by reference into this document as if fully set forth herein. Please review the Usage Guide frequently as we may update the contents of the Usage Guide at any time. By accepting this contract, you agree to follow the terms and conditions of the Usage Guide and you agree to regularly review the Usage Guide to see if the Usage Guide has been modified, changed or updated. We will not contact you if we modify or change the Usage Guide.
You agree to keep us informed of your valid email address at all times. In the even that we should make any modification of this agreement, we will send you an email addressed to the email address that you have provided us. Once we send an email noticing you of a change or modification to this agreement, you agree to be bound by any such change or modification, regardless of whether you have changed your email address or actually received the email notification.- we reserve the right to verify email addresses by contacting the recipient to make sure that they have opted-in to receive emails from your company.This service gives its users all the tools necessary to build and maintain an opt-in email list. This service also allows you to import existing lists of email addresses. The email addresses that are imported must have opt-ed in to receive messages from your company. These features make it easy for users to build and use lists of opt-in subscribers and eliminate the need to send unsolicited emails. Therefore, in the event that a complaint is received or an instance reported of an unsolicited email message sent by your company using this product, we will investigate claims of unsolicited email messages sent using the service. If we determine that a user is employing the service to send emails to recipients who have not opted in or recipients that have unsubscribed on a prior occasion, the account will be immediately terminated.If we or our network providers determines in its sole discretion that you have been spamming, in addition to any other rights under this Agreement and applicable state or federal law,

1. (i) we may bring an action in any court of competent jurisdiction to enjoin such activity, it being understood that such activity may cause irreparable harm to us which may not be fully compensable by monetary damages and
2. (ii) we may recover from you monetary losses caused to us by such activity in an amount equal or greater than:

• $500 for each such item of unsolicited email which you or someone you are responsible for, in the sole determination of us has sent to each separate and identifiable email address in violation of this Rule, which amount the parties agree is a fair and reasonable estimate of our losses which would be occasioned by such violation; or
• if we can establish a greater amount of monetary loss, the amount of such actual monetary loss suffered by us as a result of such violation including, but not limited to, any damage or loss (including attorney’s fees) resulting from any claim made against us as a result of Client’s conduct in violation of this Rule. In addition to the foregoing, Client shall be responsible for reasonable costs incurred by us in bringing such actions, including reasonable attorney’s fees. You agree that the amount of $500 per unsolicited email is a minimum damage that the court will award, and that this amount is not a liquidated damage or a penalty damage, but a reasonable amount based on the current status of the Internet industry and the related harm to us stature as a commercial enterprise operating on the Internet.
• Any other or further amount that the Court should deem appropriate including punitive damages and actual damages. In the event that the court should find actual damages to exceed the amount listed in (a) above, the court is free to award such higher damages, and any punitive or other damages of any nature.

Provisions:

Adding New Members: You will use a “double opt-in” (signup plus confirmation) subscription method for all new list members. For the purpose of this Agreement, a “double opt-in” method shall mean that when you add a new member’s email address to the list, that email address shall not be activated unless and until the new member receives a single confirmation e-mail from you requesting the member’s consent to be added to the list, and we receive from the new member a confirmation action (such as a confirming e-mail from the new member’s email address) approving such action. The confirmation e-mail sent by the Customer to new members may not include advertising or calls-to-action other than an appeal to confirm the member’s subscription.Importing Members: You may only import members previously obtained directly by you using the “double opt-in” procedures described above. You may not import unconfirmed (single opt-in or opt-out) members directly into your list under any circumstances. You may not import members from co-registered or purchased sources, regardless of the confirmation status of said members.One-Time Mailings: You may not use our service for one-time mailings to a list of members after which you substantially delete the membership and create a new list. Your membership must be a static, permanent list to which you add or delete new members and/or members subscribe or unsubscribe themselves in the ordinary course.Frequency: Recipients should not receive more than two (2) unique messages per day with the exception to this rule being an active discussion list. The initial message must be a welcome message describing the content and frequency of the mailings giving them the opportunity to remove themselves from your mailings.-Failure to comply with any provision of these Terms of Use or Usage Guide will result in an immediate termination of service, and no monies paid to us will be returned.You agree to hold us, or partners, officers and staff, harmless and defend from any and all civil actions relating to your use or abuse of any of our product or service.

Appendix: Usage Guide

This product is an opt-in email marketing system.When using this product you must ensure that the following criteria is met for outgoing messages:

1. The from address is a valid email address
2. Your full contact information including mailing address and phone number is included in the message.
3. An unsubscribe link is clearly viewable in your message.

You must also agree to follow standard Internet etiquette for email and state/federal laws which offer the following usage provisions:

1. You must not harvest email addresses.
2. You may only send out to those individuals that have given you explicit permission to email them.
3. You must fully comply with unsubscribe requests. Full compliance means that you do not ever email this the address unless the email address owner provides permission and rescinds the unsubscribe.