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1. LEGAL AGREEMENT

Sendnewsletter.com ("SNL") and its affiliates provide software, products, web sites, and technology (collectively, the "SNL Services"). These SNL Terms of Service comprise a legal agreement ("Agreement") between You (the customer submitting an order form associated with this Agreement or otherwise using SNL Services) and SNL and govern Your use of SNL Services. BY ORDERING SNL SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, AS MODIFIED FROM TIME TO TIME. If you do not agree to these Terms of Service, do not order or use any SNL Service.

"You" means You, Your company, Your employees, and anyone who has access to use Your SNL account. You must be at least eighteen (18) years of age to subscribe to and use any SNL Service.

You agree to familiarize Yourself with, and to regularly review, the Terms of Service, and other terms and guidelines published by SNL and abide by them if You choose to use the SNL Services to which such terms apply. SNL reserves the right to change the Terms of Service at anytime without notice. If You continue to use SNL Services after any such changes, Your continued use will constitute Your consent to such changes. SNL agrees to identify the date of last revisions of its Terms of Service.

If You do not have print capability and desire to obtain a hard copy of these Terms of Service, please send SNL an email requesting a hard copy. You may also click on the link to "Terms of Service" at the bottom of each page of SNL web sites for a copy of these Terms of Service, which may be printed and saved through the printing and saving capability of your browser and printer.
If you have questions about these Terms of Service, please contact SNL at
Info@sendnewsletter.com.


2. YOUR WARRANTIES

By subscribing to or receiving any SNL Service, You make the following representations and warranties. SNL shall have the right to terminate your SNL account, without notice at any time, if any representation or warranty made by You proves to be untrue in any respect.

You represent and warrant that:

  • You and all users of the SNL Service approved by you are at least eighteen (18) years of age;

  • You have the legal capacity and authority to: (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service, (c) subscribe to and use the SNL Service, including, where applicable, the buying, selling and listing of items, in accordance with these Terms of Service, and (d) if you are acting in a corporate capacity, bind Your company;

  • You will not use the SNL Service for any purpose that is unlawful, or prohibited by these Terms of Service (as may be modified from time to time);

  • All information and content supplied by You or by others using any SNL Service, including but not limited to all information submitted as part of the registration and subscription process and all content included in e-mails delivered by you via any SNL Service (collectively, "Customer Content"), is true and accurate;

  • Any products or services advertised, sold or otherwise distributed by You on or in connection with any Customer Content are legal for sale or distribution; that you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law;

  • You own or have the right to use all of the intellectual property, proprietary and similar rights necessary for all Customer Content, and all products and services sold or otherwise distributed by You or on Your behalf that are referred to in the Customer Content;

  • Your delivery of emails in connection with any SNL Services is in full compliance with anti spam acts applied.

  • You have secured required permission to use any person's name, voice, likeness or performance as embodied in any Customer Content, and nothing in the Customer Content will otherwise infringe on the privacy or publicity right of any individual.
    By using the SNL Service, You agree that You will defend and indemnify SNL and its suppliers from any third party claim related to a breach of any of the foregoing warranties.


3. E-MAIL CAMPAIGNS:

SNL provides e-mail marketing software for newsletters, surveys, press releases, and other customer communications.

SNL may only be used in connection with e-mail lists for which recipients have voluntarily registered. Using SNL to send e-mail to an address You obtain without the consent of such addressee is a violation of the SNL Terms of Service. You may not access the mailing lists of third parties on SNL Services, and You may not access or otherwise use such third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. You may not import any e-mail addresses to Your list that have not chosen to receive Your mailings. You may only send e-mail to customers that have willingly signed up to receive Your mailings. If SNL receives complaints about Your list, Your list will be reviewed and may be terminated. You may not send mail under any company or organization name other than Your own and/or with fraudulent header or source information.

If You use SNL to create a mailing list (a "Mailing List"), You may remove any e-mail address contained therein from such Mailing List at Your discretion. You agree to honor the request of the owner of any e-mail address to remove that address from a Mailing List within ten (10) business days after receipt of such request. You may establish additional terms and conditions that may be applied to persons subscribed to Your Mailing Lists.

If You register with a Mailing List, You acknowledge that the owner of the mailing list may remove Your e-mail address from such Mailing List, in its discretion and at any time, and that Your participation in such Mailing List may be subject to additional terms and conditions that may be changed from time to time.

SNL may include in every e-mail sent by any SNL Service a statement similar to the following: "Powered by SNL".


4. LIMITATIONS ON YOUR USE OF SNL SERVICES

SNL Services are provided to assist You with the operation of Your business. Your right to use the SNL Service is limited to You, Your company and its employees. You are solely responsible for Customer Content and all use of Your SNL account. SNL reserves the right, but is not obligated, to monitor or to review Customer Content and to monitor your compliance with these Terms of Service. SNL reserves the right in its sole discretion to: (a) refuse to provide SNL Services if You violate these Terms of Service, and/or (b) edit, refuse to post, or remove any Customer Content that violates the Terms of Service, without notice at any time.

You may not: (a) restrict or inhibit any other user from using and enjoying such user's rights in SNL Services, or (b) interfere with or disrupt our SNL Servers or servers or any network connected to SNL Services.

In addition, You may not use the SNL Services to:

  • 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;

  • rent, lease, license, grant a security interest in, or otherwise transfer or sublicense Your rights hereunder to any third party;

  • defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person;

  • conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, or multi-level or illegal marketing campaigns;

  • harm minors in any way;

  • publish, post, distribute, disseminate, advertise or link to any: (i) content, site, topic, name, material or information which is inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content; (ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own or control such rights or have received all necessary consents for Your publication, distribution, or linking of such software and other materials; (iii) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs; (iv) software, content, other material or Web site that constitutes "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;

  • sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent, obscene or pornographic; Nazi memorabilia; registered or unregistered securities; goods or services that You cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; or any other illegal activity;

  • harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;

  • violate any applicable government laws or regulations.


5. USE AND OWNERSHIP OF SOFTWARE

Subject to the terms and conditions of this Agreement, SNL grants You, and You accept, a nontransferable and nonexclusive license to use in object code form only any software used in connection with SNL services or made available to download on SNL sites (the "Software") solely for Your purposes using Your data, and not for the benefit of any third party (unless otherwise agreed in writing by SNL). You may use and access the Software made available over the Web only through authorized SNL web sites. You agree to use reasonable security measures to minimize the risk of unauthorized access to and use of the Software.

The Software may be used and accessed only by You using the Software for its intended purpose while doing Your work.

You acknowledge that SNL is the sole owner of all intellectual property rights in and to the Software and all web sites provided by SNL in connection with the SNL Services (the "Sites"), including but not limited to the structure, organization, design, algorithms, methods, templates, data models, data structures, logic flow, and screen displays associated therewith. All customizations, enhancements, modifications and new code made available to You pursuant to this Agreement shall be deemed "Software" hereunder and shall be owned by SNL. Except as expressly authorized in this Agreement, You will not copy, modify, display, rent or unbundle the Software. In addition, You will not reverse engineer, decompile or disassemble the Software, and will not otherwise attempt to reconstruct or discover the source code for the Software. The Software and the Sites (collectively, the "Licensed Product") shall be used only to You for Your sole and exclusive benefit, and shall not be used to provide time-sharing or other similar services for the benefit of any third party. SNL reserves all rights in the Licensed Product not expressly granted to You hereunder.

Your use of Software made available for downloading by SNL may also be governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). To the extent that the License Agreement conflicts with the Terms of Service, the terms of the License Agreement shall govern Your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the License Agreement. In addition, You shall keep intact all and may not alter any copyright and other proprietary notices contained in the Software. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable laws and regulations. You agree not to export or re-export the Software, directly or indirectly, to any countries.


6. FEES

You agree to pay the fees for SNL Services in the amount and frequency as set forth in the applicable order form. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of Your SNL account by You or anyone else using Your account. SNL reserves the right to modify the fees charged for SNL Services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after SNL provides notice to You of such modified fees.

In the event You upgrade to a higher or additional service during the term of this Agreement, You agree to pay on a pro-rata basis the additional fee amount associated with such service, based on the time between the last payment associated with Your fee plan and Your next scheduled payment. Except as expressly set forth in this Agreement, SNL is not required to refund to You any amounts paid hereunder. It is Your responsibility to notify SNL if Your credit card has changed or has expired and to make appropriate changes or Your service may be disconnected or interrupted.

All payments under this Agreement shall be made in United States dollars.


7. LINKS TO THIRD PARTY SITES

Links within the SNL service may let You leave the SNL site. You acknowledge that the linked sites are not under the control of SNL and that SNL is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or any form of transmission received from any linked site. SNL is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by SNL of the linked site or any association with their operators.


8. LIMITATIONS OF LIABILITY AND DISCLAIMERS

The information, software, products, services and other material included in or available through SNL Services may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via SNL Services should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals.

SNL warrants that it will use commercially reasonable efforts to provide the ordered SNL Services in accordance with the terms and conditions in the applicable order form. Otherwise, SNL makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the SNL Services. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ALL SNL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND SNL AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SNL SERVICES, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL SNL OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF SNL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ADDITION, SNL OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR:

  • DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF SNL SERVICES, OR
     

  • WITH THE DELAY OR INABILITY TO USE SNL SERVICES;

IF YOU ARE DISSATISFIED WITH ANY PORTION OF SNL SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SNL SERVICES.

Without limiting the foregoing, SNL is not responsible for any of Your data residing on SNL hardware or systems, including such hardware or systems provided to SNL by third parties. You are responsible for maintaining and backing-up Your data and information that may reside on SNL hardware or systems, including such hardware or systems provided to SNL by third parties, whether or not such information is produced through the use of SNL, including all Customer Content.

SNL is not liable for Your actions with Your customers or vendors, or the use of their information, or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your SNL information, through the use of SNL Services.

SNL is not involved in any transaction between You and Your buyer or seller or other third parties with whom you may have transactions through Your web site or between You and any user of any products or services offered or provided by You or by a third party through any SNL Service. SNL is not responsible for screening, censoring or otherwise controlling your Customer Content, or any listings or transactions offered or conducted via your Customer Content. You are deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with You. SNL is not acting as Your or any third party's agent in connection with the operation of SNL Services. Further, because SNL is not involved in any orders or other transactions between You and other users of SNL or other marketplace forums, SNL cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise.


9. INDEMNITY

You agree to defend, indemnify and hold SNL and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your violation of these Terms of Service, or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with SNL or Your use of SNL Services.


10. ACCESS RESTRICTION; ACCOUNT SECURITY AND PASSWORDS

You may not use a name in connection with operating Your SNL account that is confusing or misleading to participants, or otherwise impersonate or deceive participants with respect to Your identity.

You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or SNL Services resulting from any third party using a password or user name issued to You. You agree to notify SNL immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of the SNL known to or suspected by You. You may change Your password at any time by following instructions on the SNL web site.

You hereby authorize SNL to rely on any data, notice, instruction or request furnished by You to SNL, or that SNL reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. SNL is not responsible for fraud of participants or of other users of your account.


11. PRIVACY; YOUR CUSTOMER DATA

SNL will not use Your customer data or Your customer contact list for any purposes other than those intended by the SNL Service. Your customer information will not be shared with any other parties, unless you are also subscribing to a SNL Service where one of the features of such service is the sharing of customer information between services.
SNL will not use Your customer information for the purpose of sending unsolicited commercial e-mail to such customers. For more information about SNL's privacy and information practices, please see SNL's Privacy Statement.


12. GENERAL
 
These Terms of Service are governed by the related laws. You hereby irrevocably consent to the exclusive jurisdiction and venue of related courts. in all disputes arising out of or relating to the use of the SNL Services.

You agree that no joint venture, partnership, employment, or agency relationship exists between You and SNL as a result of these Terms or Service or use of SNL Services.

SNL's performance of this Agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of SNL's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of SNL Services or information provided to or gathered by SNL with respect to such use.

If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.

Unless otherwise specified herein, these Terms of Service, the Anti-Spam Policy and the Privacy Policy constitute the entire Agreement between the user and SNL with respect to SNL Services and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SNL with respect to SNL Services.
SNL reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government request or in accordance with SNL's Privacy Statement.

Any rights not expressly granted herein are reserved by SNL, including all legal and equitable remedies available to SNL upon Your violation of any of these Terms of Service.


13. TRADEMARKS

Sendnewsletter.com and sendnewsletter.com logo are service marks of sendnewsletter.com, Inc. Date: September 1, 2007

 
     
 

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