eMSforALL Service Terms and License Agreement

eMSforALL provides small and medium sized businesses and organizations a variety of tools and resources to collect visitor email addresses and to create, launch, and manage online email campaigns. The eMSforALL service may not be used for the sending of unsolicited email (sometimes called "spam"). See our Anti-Spam Policy.

The following are the terms and conditions for use of the eMSforALL services. By clicking the 'I accept these terms and conditions' button on the sign-up page or by logging in to eMSforALL, you accept these terms and conditions.

1. Acknowledgements. Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:

• eMSforALL may not be used for the sending of unsolicited email (sometimes called "spam").
  
• eMSforALL may only be used for lawful purposes.
  
• Your use of the eMSforALL service is subject to the Prohibited Content and Commerce Statement.
  
• The eMSforALL services will be subject to monthly (or yearly) subscription fees ("Paid Services") once you have completed your free trial period.
  
• eMSforALL will not use your customer list/subscriber list or any other customer information for any other purposes than those intended with the eMSforALL service.
  
• You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email.
  
• You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used) in connection with your use of the eMSforALL services.
  
• Every email message sent in connection with the eMSforALL services must contain the eMSforALL "unsubscribe" link that allows subscribers to remove themselves from your mailing list.
  
• You will adopt and maintain the Email Privacy Policy, which may be modified by eMSforALL from time to time.

2. Services and Support

2.1 The eMSforALL services are provided subject to this Agreement, as it may be amended by eMSforALL, and any guidelines, rules or operating policies that eMSforALL may establish and post from time to time (the "Agreement"), including without limitation eMSforALL Email Privacy Policy, or otherwise furnished to you (the "Policy") (unless otherwise stated, all references to the Agreement shall include the Policy). By posting updated versions of the Agreement on the eMSforALL website, or otherwise providing notice to you, eMSforALL may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the eMSforALL services in its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the eMSforALL service or at eMSforALL's website.

2.2 The eMSforALL services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the eMSforALL services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the eMSforALL services.

2.3 You must complete the registration form on the Sign-up page in order to use the eMSforALL services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. You are responsible for maintaining the security of your account, passwords, and files.

3. Free Trial, Fees and Payment

3.1 Once you have completed your free trial period or have exceeded the free E-mail Credits limit, you will be subject to monthly (or annually) subscription fees. You will be required to submit payment for Services (unless you have already provided payment or means of payment, such as credit card information) and may purchase, in advance, a monthly subscription for Paid Services. Access to the eMSforALL services will be disabled until payment is received.

3.2 Fees will be billed monthly or annually for eMSforALL services. The Fees are based on Subscription Level plan. You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by eMSforALL. The Fee Schedule, including subscriber levels and prices, is subject to change at any time in eMSforALL discretion. eMSforALL will attempt to notify you via email prior to the effectiveness of any change to the Fee Schedule. eMSforALL offers capabilities to exceed your Subscription Level plan and you agree to be responsible for any overage above your plan at $0.015 per e-mail sent.

3.3 Payment for Services will be made by a valid credit card accepted by eMSforALL. Fees are payable in US dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize eMSforALL to charge your credit card for such amounts on a regular monthly basis beginning at the end of your free trial period. If eMSforALL is for any reason unable to effect automatic payment via your credit card, eMSforALL will attempt to notify you via email and your eMSforALL account will be disabled until payment is received. Customers who pre-pay for Services (ie annual plans) can request a refund for any un-used time except for the current month which service has already been provided for. Annual paying customers are still liable for any overage incured during any specific month and will be billed for the overage at the end of the month. Customers who are found to violate this agreement by sending SPAM, or not honoring their subscribers policy will have their eMSforALL account immediately terminated, face fines (see Section 7: Penalty of Service Terms Violation) and no refunds will be issued.

4. Email & Permission Practices

4.1 Every email message sent in connection with the eMSforALL services must contain an "unsubscribe" link that allows subscribers to remove themselves from your mailing list and a link to the then current Email Privacy Policy. Each such link must remain operational for a period of sixty (60) days after the date on which you send the message, and must be in form and substance satisfactory to eMSforALL. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link.

4.2 You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used; please contact eMSforALL if you have questions). Some eMSforALL customers will not be provided with contact import capabilities without an eMSforALL service representative approving or requiring verification of Double Opt-In subscriber information.

4.3 If you have used the eMSforALL feature that allows you to request a recipient to confirm that you have users permission to send emails to him or her, and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send emails to that recipient.

4.4 You cannot mail to distribution lists, newsgroups, or spam email addresses. You cannot copy eMSforALL feature or functionality from the eMSforALL services and use them for any purpose other than sending emails from the eMSforALL service.

4.5 eMSforALL will make all effort to unsubscribe returned emails using our Automated Bounce Handler. You are still responsible for monitoring, correcting, processing unsubscribe requests within 10 days which eMSforALL Automated Bounce Handler could not process, and updating the email addresses to which messages are sent through your eMSforALL account.

4.6 Emails that you send through the eMSforALL service may generate abuse complaints from recipients. As a matter of privacy, eMSforALL cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. eMSforALL, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.

4.7 You are responsible for complying at all times with the eMSforALL Prohibited Content and Commerce Policy.

4.8 eMSforALL, at its own discretion, may immediately disable your access without refund to the eMSforALL services if eMSforALL believes in its sole discretion that you have violated any terms of this agreement, including the eMSforALL Prohibited Content and Commerce Policy, or Email Privacy Policy.

5. Restrictions and Responsibilities

5.1 eMSforALL will not use your customer list or any other customer information for any other purposes than those intended with the eMSforALL service. Your customer information will not be shared with any other parties unless required by law.

5.2 This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the eMSforALL services or any software, documentation, or data related to the eMSforALL services ("Software"); remove any proprietary notices or labels from the eMSforALL services or any Software, modify, translate, or create derivative works based on the eMSforALL services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the eMSforALL services or any Software.

Unless you are an authorized eMSforALL Reseller, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the eMSforALL services or the Software, or any content, including but not limited to newsletters, distributed to you by eMSforALL in connection with the eMSforALL services. Violation of these restrictions may result in the termination of this Agreement.

5.3 The eMSforALL services shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the eMSforALL services or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the eMSforALL services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the eMSforALL services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.

5.4 You acknowledge and agree that the eMSforALL services and eMSforALL company names and logos and all related product and service names, design marks and slogans, are the property of eMSforALL or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of eMSforALL. Your use of the eMSforALL services confers no title or ownership in the eMSforALL services, the Software or the Marks and is not a sale of any rights in the eMSforALL services, the Software or the Marks.

5.5 You represent, covenant, and warrant that you will use the eMSforALL services only in compliance with the Agreement, the federal CAN-SPAM law and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws). You agree you will not access or otherwise use third-party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless eMSforALL and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the eMSforALL services. In addition, you acknowledge and agree that eMSforALL has the right to seek damages when you use the eMSforALL services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. Although eMSforALL has no obligation to monitor the content provided by you or your use of the eMSforALL services, eMSforALL may do so and may remove any such content or prohibit any use of the eMSforALL services it believes may be (or is alleged to be) in violation of the foregoing.

5.6 The eMSforALL services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited. Furthermore, the eMSforALL services must not be used for purposes outlined in eMSforALL's Prohibited Content and Commerce Statement, the terms of which are incorporated into this Agreement by reference.

5.7 For every email message sent in connection with the eMSforALL services, you acknowledge and agree that the eMSforALL services may automatically add an identifying footer stating "Powered by eMSforALL" or a similar message. You agree to cooperate with and provide reasonable assistance to eMSforALL in promoting and advertising the eMSforALL services.

5.8 In using the varied features of the eMSforALL services, you may provide information (such as name, contact information, or other registration information) to eMSforALL. eMSforALL may use this information and any technical information about your use of the eMSforALL services to tailor its presentations to you, facilitate your movement through the eMSforALL service, or communicate separately with you. If you licensed the eMSforALL services as a result of solicitation by a Marketing Partner of eMSforALL, eMSforALL may share your information with the Marketing Partner and the Marketing Partner may share information with eMSforALL. eMSforALL will not provide information to companies you have not authorized for that purpose unless required by law or if you are terminated from eMSforALL due to unsolicited commercial email being sent from your eMSforALL account.

5.9 If you receive special discounts through a Marketing Partner, those discounts may not be available if you cease to continue to be a customer of the Marketing Partner, in which case eMSforALL's standard rates will apply. The Marketing Partner may notify eMSforALL of any change in your status.

6. Termination

6.1 You may terminate this Agreement at any time by contacting eMSforALL Customer Support.

6.2 eMSforALL may terminate this Agreement or the eMSforALL services, disable your account or put your account in inactive status, in each case at any time with or without cause, and with or without notice. eMSforALL shall have no liability to you or any third party because of such termination or action.

6.3 eMSforALL will delete any of your archived data within 30 days after the date of termination. After termination, you are required to process all unsubscribe requests within 30 days of your last email campaign. eMSforALL will provide upon request the list of unsubscribe requests from your last campaign. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

6.4 If your account is classified (at eMSforALL sole discretion) as inactive for over 60 days, eMSforALL has the right to permanently remove your subscriber data. eMSforALL will attempt to contact you via email prior to taking any permanent removal actions.

7. Penalty of Service Terms Violation

7.1 You agree to be held liable for any and all costs incurred by eMSforALL as a result of any violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings.

7.2 eMSforALL reserves the right to take any action against customers who violate service terms which may include, without limitation, direct, indirect, monetary, special, incidental, cover, reliance and/or consequential damages.

7.3 Unsolicited Bulk E-mail ("spam") cleanup will be billed at $450.00 plus $5.00 per message sent and $85.00 per complaint received by eMSforALL abuse department.

7.4 eMSforALL will bill customer at $95.00 per hour investigation fee for any personnel time spent investigating any service terms violations.

7.5 If any eMSforALL server(s) or IP blocks are blacklisted on the Internet by any Internet Service Provider, or a third party due to a violation of service terms, you agree to pay damages of a minimum of $2,500 per day plus staff time at $95 per hour while we work to remedy the blacklisting.

7.6 If eMSforALL staff are unsuccessful in removing the blacklisting of any eMSforALL network, server, domain name(s), or IP address(es), customer will be held liable for damages of a minimum of $15,000.

8. Warranty Disclaimer; Remedies

USE OF THE eMSforALL SERVICES AND ANY RELIANCE BY YOU UPON THE eMSforALL SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. eMSforALL DOES NOT WARRANT THAT THE eMSforALL SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE eMSforALL SERVICES.. THE eMSforALL SERVICES ARE PROVIDED "AS IS" AND eMSforALL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or nonperformance of the eMSforALL services shall be for eMSforALL to use commercially reasonable efforts to adjust or repair the eMSforALL services.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL eMSforALL OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS " eMSforALL") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF eMSforALL SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, eMSforALL IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF eMSforALL TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR the eMSforALL services. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

10. Export of Services or Technical Data

You may not remove or export from the United States or allow the export or re-export of the eMSforALL services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.

11. Miscellaneous

11.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

11.2 eMSforALL and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

11.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind eMSforALL in any respect whatsoever.

11.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.

11.5 The Agreement shall be governed by the laws of the District of Columbia, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the District of Columbia or federal courts located in Washington, DC.

11.6 eMSforALL is a trade name of BEZA, Inc., a Washington, DC corporation.

11.7 eMSforALL reserves the right to add, delete, or modify any provision of this Acceptable Use Policy, Prohibited Content & Commerce Statement, and Privacy policy at any time without notice.

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PROHIBITED CONTENT AND COMMERCE STATEMENT

eMSforALL prohibits the use of the eMSforALL service by any individual, company or site that engages in any of the following:

1. Provides, sells or offers to sell the following products or content (or services related to the same): pornography or illicitly pornographic sexual products; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons
   
2. Displays material that exploits children, or otherwise exploits children under 18 years of age
   
3. Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online pharmacies, work at home businesses, credit or finance management, mortgage and debt relief offers, etc.
   
4. Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content
   
5. Posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in case of a minor)
   
6. Sells or promotes any products or services that are unlawful in the location at which the content is posted or received
   
7. Introduces viruses, worms, harmful code and/or Trojan horses on the Internet
   
8. Promotes, solicits or participates in pyramid schemes or multi-level marketing (MLM) businesses
   
9. Engages in any libelous, defamatory, scandalous, threatening, harassing activity
   
10. Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence
    
11. Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner

In addition, eMSforALL reserves the right to prohibit the use of eMSforALL by any company or site in its sole discretion.

As always, sending unsolicited commercial email (ie Spam) is FORBIDDEN.

This may change from time to time. Please Contact Us with any questions about whether your site can use eMSforALL.

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Email Privacy Policy

We have created this email privacy policy to demonstrate our firm commitment to your privacy and the protection of your information.

Why did you receive an email from us?

If you received a mailing from us, (a) your email address is either listed with us as someone who has expressly shared this address for the purpose of receiving information in the future ("opt-in"), or (b) you have registered or purchased or otherwise have an existing relationship with us. We respect your time and attention by controlling the frequency of our mailings.

How we protect your privacy?

We use security measures to protect against the loss, misuse and alteration of data used by our system.

Sharing and Usage

We will never share, sell, or rent individual personal information with anyone without your advance permission or unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information and to contracted service providers for purposes of providing services relating to our communications with you.

How can you stop receiving email from us?

Each email sent contains an easy, automated way for you to cease receiving email from us, or to change your expressed interests. If you wish to do this, simply follow the instructions at the end of any email.

If you have received unwanted, unsolicited email sent via this system or purporting to be sent via this system, please forward a copy of that email with your comments to abuse@emsforall.com for review.