This is our Terms and Conditions Agreement you are entering into [hereinafter referred to as the "Agreement"] contains the terms and conditions that apply to the use of our software, marketing efforts or design provided [hereinafter referred to as "Services" and company referred to as "Provider"]. This Agreement will contain terms such as: "Provider", "we", "us", or "our" refers to us, and the terms "Client", "you" or "your" refers to the person and/or entity that is entering this agreement. The services offered to you are contingent upon your acceptance of this agreement, by proceeding you accept these terms and have fully read the TOS.
The success of email marketing is based upon the delivery, cancellation, or refusal of your email advertisement and is impossible to predict the amount of recipients that will open and respond to your ad. Success and Click Rates (CTR) will vary on your ad message and many other factors. We've seen emails that over 25% of the people click on the ad and campaigns that get less than 1%. Again, the main factor will be your ad message and the quality of your data. In some cases advertisers may experience little or no signups, sales, or inquiries from their campaign and we are not responsible for the success or failure of your email marketing campaign.
Due to the nature of this type of marketing the provider cannot guarantee delivery and cannot accept cancellations or refunds based on performance. All sales are final and in the event that a customer requests a refund the provider has full authority to deny any refund whatsoever.
You understand that this purchase will appear on your credit card statement under the name Email Marketing Services and in the event you have any problems with this order, you can contact us for a prompt resolution.
The following statements must be true for you to proceed with this agreement and use our software, products and services:
You agree to pay us a set monthly fee for the right to broadcast up to a specific number of prepaid emails per month using the services or a set amount to broadcast to a single servers full potential. The maximum number of prepaid emails you are allowed to send and the monthly cost for the services is selected by you on the signup page of our website. Your monthly fee will be automatically charged to your account and paid by you, in advance, until this Agreement is terminated and your account is canceled, regardless of account activity or use of the services.
If you exceed the maximum number of email sends you are allowed per month, you agree to pay for the higher account size minus the amount you already paid.
Pricing Chart for Bulk Email:
Unused email send credits or email verification credits do not carry over from month to month. There is no roll over credits.
In addition to the monthly fee for the Services, you also agree to pay us a onetime initial set up fee of $100.
The initial term of this agreement shall be for a minimum of one month. The term of this Agreement will begin upon your payment of the setup fee & first month's usage fee and will end when terminated by either you or us as described herein.
You acknowledge and agree that all financial information you have given and/or will give to us is true and lawfully yours to use. You agree that all payments are due in advance of any marketing campaign or the setup of a hosting account and that we maintain a "no refund policy" for all marketing campaigns, once your account has been set up and approved.
If you default on or fail to pay any amount due when due or otherwise breach any of the terms, conditions, covenants and/or warranties contained in this Agreement, you agree to compensate us for any and all damages arising thereof.
You shall not sell, transfer, or assign this Agreement or the rights or obligations hereunder, other than to a parent or wholly-owned subsidiary, without our prior written consent.
We work very hard to provide our clients with a stable hosting environment. Any hosting account provided to you is provided on an "as is" basis. We reserve the right to take down any website and/or clients that threaten the stability of our network. Technical support beyond set up is billed at the hourly rate of $100 per hour.
Provider and Client shall not disclose personally identifiable information of the other party to third parties without permission, unless necessary to comply with law, protect rights, enforce this Agreement, or respond to claims.
You acknowledge and agree that there are no guarantees of success for any marketing campaigns. We are agreeing to provide you with the software to broadcast your message; the actual delivery is subject to numerous factors outside our control.
You agree not to use our products or services to transmit any unlawful, harassing, libelous, abusive, threatening, or obscene communications; materials that infringe third party rights; spam or unsolicited mass email; viruses; or anything in violation of the CAN-SPAM Act of 2003.
We shall arrange for the maintenance of an opt-out option for your campaigns. All opt-out requests must be honored pursuant to the CAN-SPAM Act of 2003.
This Agreement shall be governed by the laws of the State of Illinois. You agree to submit to the jurisdiction of courts in DuPage County or the Northern District of Illinois.
You agree to hold us harmless from any liability, loss, claims, and/or expenses related to any email marketing campaigns or hosting services.
Under no circumstances shall we be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use our services and/or products.
We may terminate this Agreement at any time, with or without cause, and with or without notice. To terminate, you must go to your login domain's cancel page, sign and submit.
As of January 1st 2004, the United States enacted legislation regulating commercial email messages. Provider enforces a zero-tolerance policy for all email marketing clients. The following rules will be strictly enforced:
BY SIGNING THIS AGREEMENT, CLIENT ACKNOWLEDGES HAVING RECEIVED A COPY OF THIS AGREEMENT AND ANY DOCUMENTS. CLIENT ACKNOWLEDGES HAVING READ, UNDERSTOOD AND VOLUNTARILY AGREED TO ALL OF THE TERMS, CONDITIONS, COVENANTS AND WARRANTIES CONTAINED IN THIS AGREEMENT. NOTE: ALL SALES ARE FINAL AND AGREES TO A NO REFUND POLICY.