Terms & Conditions
Please read the terms and conditions in this Agreement carefully.
1. Email Contact End User License Agreement
The terms and conditions in this agreement (the "Agreement") will govern your (the "User") access to Email Contact Services and your use of the data you obtain by use of the Services. Email Contact grants to the User a non-exclusive right during the term of this Agreement to use the Services pursuant to the terms and conditions set out herein. Your use of the Services confers no title or ownership in the Services. All ownership rights remain in Email Contact.
2. Services to be Rendered and Delivery of Services
Email Contact offers its services on an "as is" basis.
Through the "Services", Email Contact provides marketing
tools, information, information management and storage and support.
Users can also create and send email newsletters using the tools
to distribute content supplied by the User to email addresses also
supplied by the User. The User acknowledges that Email Contact does not create any content and that Email Contact is not the
author or the publisher of any newsletters. The User further acknowledges
that Email Contact does not rent or sell email lists. Email Contact reserves the right, but is not obligated to, review and approve
any content posted by Users. Email Contact retains the right
to cancel and delete any account violating responsible Usage Rules
as defined by Email Contact. Email Contact disclaims all copyright
and other rights in such content and all responsibility for them.
By permitting direct email campaigns, Email Contact makes no
warranties or representations of any kind as to the accuracy of
the content or suitability of the subject matter. Email Contact specifically disclaims liability for direct, consequential or incidental
damages arising from such accounts. By posting an email newsletter
from Email Contact, User warrants that the content is true, and
that User will indemnify Email Contact against any and all, direct,
indirect or consequential claims and alleged claims that may arise
from User's use of the services. By using Email Contact Services,
the User is giving Email Contact permission to copy and/or store
User content, contact lists and other information. Email Contact will not use the User content, contact lists or other User information
for any purpose that violates the Email Contact privacy policy.
Email Contact will use reasonable efforts to ensure posting of
the User newsletter at the scheduled time. However, Email Contact reserves the right to alter the time and date of delivery of the
newsletter and the delivery of the results without prior notification
to the User of such a change.
3. Eligibility
The Services are available to individuals who are eighteen (18) years of age or older as well as corporations and other organizations who can form legally binding contracts under applicable law. If you do not qualify, please do not attempt to use the Services. You will provide true, accurate, current information about yourself as requested by the sign up, registration or billing process. Email Contact may refuse to offer the Services to any person and may change the criteria for eligibility, at any time, in its sole discretion. Email Contact retains the right to terminate your account and your rights to use the Services if there are reasonable grounds to believe that any data you provide is or becomes untrue, inaccurate, not current or incomplete.
4. Applicable Policies and Guidelines
You agree to abide by the procedures and guidelines in the Policy Section online, which are incorporated by reference into, and made part of, this User Agreement. The procedures and guidelines contained in the Policy Section online explain the processes and set out acceptable conduct and prohibited practices. These procedures and guidelines may be changed by us in the future, but unlike the User Agreement, these changes will be effective immediately upon posting without notice to you. You should regularly refer to the Policy Section to understand the current procedures and guidelines for participating.
5. Account Password and Security
The User is responsible for maintaining confidentiality of its username and password. Furthermore, the User is entirely responsible for any and all activities that occur under its username and password. The User is to immediately notify Email Contact of any unauthorized use of the account or any breach of security.
6. Modifications to the Services
Email Contact reserves the right to modify or discontinue the Services, temporarily or permanently, with or without notice to the User and Email Contact is not obligated to support or update the Services. Email Contact will not be liable to the User or any third party in the event that Email Contact exercises its rights to modify or discontinue the Services.
7. Modifications of the Terms of Use
Email Contact may, at any time and at its sole discretion, modify the terms and conditions of this Agreement. Any such modifications will be made available online and will be effective immediately upon posting to Email Contacts hosted site. User agrees to assume responsibility for periodically reviewing this Agreement. By continuing to use the service, following the initial posting date of modifications made by Email Contact, User agrees to be bound by the Agreement as amended. If at any time, User disagrees with the terms and conditions of this Agreement, User may terminate this Agreement as provided below.
8. Usage Rules
The User represents, warrants, covenants that use of the Services
will only be in compliance with this Agreement and all applicable
laws.
With regard to email campaigns, and other Email Contact services,
the User specifically agrees not to:
a. Send unsolicited bulk email, for commercial or non-commercial
purposes. Unsolicited bulk email is defined as email sent to more
than 10 individuals without their permission.
b. Use the services for any unlawful purposes.
c. Harass, threaten, embarrass or cause distress, unwanted attention
or discomfort to a person or entity.
d. Send, submit, or publish any sexually explicit images or material
that is grossly offensive to the Web community including blatant
expressions of bigotry, racism, hatred, or profanity or any other
images or material deemed by Email Contact to be offensive.
e. Send, submit or publish any defamatory, inaccurate, abusive,
obscene, profane, or threatening material which is racially or ethnically
offensive or which infringes upon the right of any third party,
as determined by Email Contact.
f. Encourage the use of any controlled substance, transmission of
material, information or software in violation of any local, state
or federal law.
g. Impersonate any person, including but not limited to, an official
of Email Contact or an information provider, or communicate under
a false name or a name that the User is not entitled or authorized
to use.
h. Upload, post or reproduce in any manner any material protected
by copyright without the permission of the copyright owner.
i. Send content that promotes or provides instructional information
about illegal activities, or promoting physical harm or injury against
any group or individual.
j. Send content that contains links to web pages that contains nudity,
sex, pornography, tasteless images, foul language, hate propaganda,
anything illegal, illegal software, serial numbers for unlocking
software, mail fraud, pyramid schemes or is otherwise insulting
to another person(s).
k. Constitutes a raffle, sweepstakes, lottery, or any other form
of gambling.
The User agrees not to directly or indirectly reverse engineer,
decompile, disassemble, or otherwise attempt to discover source
code, object code, or underlying structure, ideas, or algorithms
of, or found at or through the Services of any software, documentation,
or data related to the Services. The User also agrees not to remove
any proprietary notices or labels from the Services or any software,
modify, translate, or create derivative works based on the Services
or any software, or copy, distribute, pledge, assign, or otherwise
transfer or encumber rights to the Services or any software. The
Services shall be used for the Users own internal business purposes
only.
The User agrees not to remove or export from the United States or
allow the export or re-export of the Services, or any direct product
thereof, including technical data, in violation of any restriction,
laws or regulations of the United States or any other country.
In the event that the User violates one of the above usage rules,
or for any other reason deemed appropriate by Email Contact, Email Contact reserves the right to suspend or terminate, with
or without notice, access to the User's account and all related
data. Email Contact also reserves the right to modify the Users
data with email notice provided to the User within one business
day.
9. Use and Storage
Email Contact may store User information, content, contact lists,
emails, campaign activity statistics, reports and other information
in its databases for the User. We may establish general practices
and limits concerning the use of the Services, including without
limitation the maximum number of days that information is stored,
the maximum amount of disk space that will be allotted to each User,
the maximum size of campaigns sent through our Services and the
maximum number of occasions that the User may access the Services
in a given period of time. Email Contact has no responsibility
or liability for the deletion or failure to store any messages,
content or other information maintained or transmitted through the
Services. At any time Email Contact may determine that User information
can no longer be stored by Email Contact or deem User information
to be inappropriate and remove it from its databases with or without
notice to the User.
If the User does not log into its account for more than 90 days,
the account will become inactive. When an account is inactive, at Email Contacts sole discretion, Email Contact will notify
the User by email. Inactive accounts have 30 days to become active
or the account and its data may be permanently removed from the Email Contacts databases.
10. Charges for Services
Email Contact charges the sellers's credit card, or receives
payment by check, or money order. The Payment terms are in U.S.
Dollars. The Fees and Payment Terms may vary in the future. The
Payment Terms in effect on the date of setting up your service shall
govern the transaction. All Payments are payable upon demand on
a VISA, MasterCard, American Express, or Discover credit card. User
hereby authorizes Email Contact to charge the User's credit card
for services on a monthly or yearly basis.
In the event that the User fails to pay for services in accordance
with the User plan, Email Contact reserves the right to suspend
or terminate, with or without notice, access to the User's account
and all related data. A $25 fee will be charged to the User for
any returned checks.
11. Disclaimer of Warranties
At Email Contacts request, the User agrees to defend, indemnify
and to hold harmless Email Contact, its officers, directors and
employees from any claims arising from the User's use of EmailContact.com
or the User's breach of the Terms of service, including, without
limitation, claims of copyright infringement, patent infringement,
misappropriation of trade secrets, libel, slander, trade libel,
defamation, harassment, invasion of privacy or fraud.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES
AND THE INFORMATION ARE PROVIDED BY EMAIL CONTACT ON AN "AS
IS" BASIS, AND EMAIL CONTACT EXPRESSLY DISCLAIMS ANY AND
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AVAILABILITY, ACCURACY, OMISSIONS, COMPLETENESS, TIMELINESS OR DELAYS
WITH RESPECT TO THE SERVICE, INFORMATION OR PRODUCTS.
IN NO EVENT WILL EMAIL CONTACT BE LIABLE FOR ANY DAMAGES OF ANY
KIND WHATSOEVER WITH RESPECT TO THE SERVICES, INFORMATION OR PRODUCTS
PROVIDED ON THE WEBSITE. IN PARTICULAR, EMAIL CONTACT WILL NOT
BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES,
OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING
OUT OF OR RELATED TO THE USE OF EMAIL CONTACTS SERVICES, ITS
WEBSITE OR THE INFORMATION OR DATA CONTAINED THEREIN, WHETHER SUCH
DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY,
AT LAW OR OTHERWISE.
EMAIL CONTACT, ITS AFFILIATES ENTIRE LIABILITY UNDER THIS AGREEMENT,
IF ANY, FOR ANY CLAIM(S) FOR DAMAGES RELATING TO THE SERVICE, INDIVIDUALLY
OR JOINTLY, WHETHER BASED IN CONTRACT OR TORT, WILL BE LIMITED TO
THE AGGREGATE AMOUNT OF CHARGES FOR SERVICES PAID BY THE USER TO EMAIL CONTACT WITH RESPECT TO ANY SERVICES DURING THE TWELVE
MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO ANY SUCH CLAIM(S).
12. Applicable Law
The Site and the Services are arranged, sponsored, or managed by Email Contact in the State of Utah, USA. The laws of the State of Utah govern this Participation Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Logan, Utah, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
13. Termination
This Agreement may be terminated by Email Contact at any time;
and by the User upon prior written or email notice to Email Contact.
The termination of the Agreement by either party will not affect
(1) the User obligation to pay the charges incurred for services
consumed, or (2) Email Contact's responsibility to return the
Users funds for Services not consumed in the event that the User
has prepaid for an annual subscription plan for Services. All terms
of this Agreement which by their nature survive termination, will
survive termination, including without limitation, ownership, warranty
disclaimers and limitations of liability.
Upon termination by Email Contact, the User's right to use the
Services will terminate immediately. The User acknowledges and agrees
that Emai lContact may remove the User's files and information.
14.Miscellaneous
User acknowledges that the software, algorithms and other processes
used to provide the Services, the content (other than content owned
by the user or any third party), Usernames, passwords, look, feel
and functionality of the services are the property of EmailContact.com.
These terms and conditions represent the complete, final and exclusive
agreement between EmailContact.com and the User, and supersede and
merge all prior oral, written or electronically transmitted agreements,
representations and understandings between EmailContact.com and
the User.
The laws of the State of Utah will govern this Agreement. If any
of the provisions of this Agreement is determined by a court to
be void, invalid, unenforceable or illegal, the enforceability of
the other provisions of this Agreement will not be affected.