CONSTANT EMAILS INC. TERMS AND CONDITIONS OF USE
By registering for the service provided by Constant Emails, you agree that you have read and accepted all the Terms and Conditions of Use Agreement, and intend this Agreement to be the legal equivalent of a signed, written, equally binding contract, and that you are subject to all the terms and conditions included.
If you are accessing or using the Products through a Third Party Service or web site, you agree and acknowledge that Constant Emails is not responsible or liable for any actions of a third party or for any aspect or result of such Third Party Service. You use such Third Party Service at your own risk. You further agree that Constant Emails may terminate such Third Party Service's ability to interact with the Products at any time, with or without notice, and in Constant Emails sole discretion, with no liability to you or to the third party.
1. Once your free trial period is completed or you have surpassed your free contact limit, the Product will be subject to monthly subscription fees.
2. Representations and Acknowledgements subject in each case to the terms listed in the remainder of this Agreement, you represent, acknowledge, and agree that:
- Once your free trial period is completed or you have surpassed your free contact limit, the Product will be subject to monthly subscription fees.
- The Products may not be used for the sending of unsolicited email or spam.
- The Products may only be used for lawful purposes. They may not be used for hosting content that infringes on the intellectual property rights of others, including copyright, trademark and patent infringement, or that includes any obscene or libelous material or other material that violates any applicable law or regulation.
- Not all email messages sent through use of the Products will be received by their intended recipients.
- Every email message sent by you in connection with the Products will contain the "unsubscribe" link, which allows the recipient to remove themselves from your mailing list.
- You will comply with the restrictions on content of email messages and activities using the Products as set forth or referenced in this Agreement.
- You are the designated "sender" (as such term is defined in the CAN-SPAM Act of 2003 and any rules adopted under such act) of any email message sent by you using the Products.
- The "from" line of any email message sent by you using the Products will accurately identify your organization, your product or your service.
- The "subject" line of any email message sent by you using the Products will not contain any deceptive or misleading content regarding the overall subject matter of the email message.
- You agree to include in any email message sent by you using the Products your valid physical address, which may be a valid post office box meeting the registration requirements established by the United States Postal Service.
- In any email message sent by you using the Products you will not include incentives (e.g., coupons or discounts) that encourage a recipient to forward the email message to a friend.
- In your use of the Products, you will represent you or your organization accurately and not impersonate any other person, whether actual or fictitious.
- You agree to not disrupt this web site or any related Constant Emails web sites, servers, or networks.
- If you are accessing or using the Products through a Third Party Service, you will abide by this Agreement regardless of anything to the contrary in your agreement with such third party. You will not use such Third Party Service to avoid the restrictions set forth in this Agreement.
3. Fees and Payment: Once you have completed your free trial period, or have exceeded the free contact limit, you will be subject to monthly subscription fees in accordance with the Fee Schedule. The fees are based on the highest number of subscribers in your account at any time during the previous month. Each unique email address counts as one subscriber or contact. You will be required to submit payment monthly in advance for the Product (unless you have already provided payment or means of payment, such as credit card information) and may purchase, in advance, a monthly subscription for the Product. Access to the Product will be disabled until payment is received. Fees will be billed monthly or your pre-paid account will be debited monthly for the Product, even if you are not actively using the Product. The Product may also be subject to per message and certain overage charges.
Payment for Products will be made by a valid credit card accepted by Constant Emails. E-checks or bank account drafts will be accepted for prepayments of at least six (6) months. Fees are payable in U.S. dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize Constant Emails to charge your credit card on a monthly basis beginning at the end of your free trial period and continuing until such time as your account is terminated. If Constant Emails is for any reason unable to effect automatic payment via your credit card, Constant Emails will attempt to notify you via email and your Constant Emails account will be disabled until payment is received. Amounts paid for the Products, including prepayments, are non-refundable.
4. License: Constant Emails grants you a limited and revocable license to access and use the Service and to send, compose, read, print, save, and forward messages containing the Content as described and limited in this Agreement. You hereby agree to access and use the Service for its intended purposes, subject to your compliance with this Agreement, and are hereby prohibited from utilizing the Service for any other purpose or to alter the Content and/or Service in any way, including, but not limited to, removing or deleting any proprietary rights notices. This license does not include the right to collect or use information contained on the Site or through the Service for purposes prohibited by Constant Emails, to compete with Constant Emails, create derivative works based on any and all Content obtained through the Service, or download or copy any Content obtained through the Service (other than page caching). In addition, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer any content, information, documents, graphics or other materials or Content obtained through your use of the Service for commercial or non-commercial purposes. License to use the Service is limited to personal use by the End User. Resale or commercial use of the Service or any other means to seek financial gain from providing the Service to any third party, without the express prior written consent of Constant Emails, is strictly prohibited. By using the Service, you acknowledge and agree that portions of the Content is provided to you by third-party licensors, and you hereby agree to adhere to and comply with any such third-party’s license(s) and to refrain from violating any such licensor’s intellectual property rights. If you use the service in a manner that exceeds the scope of this license or breaches this Agreement, Constant Emails may revoke the license granted to you.
5. End User Obligations: You agree to:
a) Provide true, accurate, complete and current user information as requested by Constant Emails
b) Regularly update your user information to maintain its accuracy and completeness.
c) Provide for your own access to the Internet and pay any fees or costs relative to such access that is required to access the Service.
d) Provide all necessary equipment and/or materials necessary for you to make such connection to the Internet in order to access, use and/or register for the Service. By providing any user information that is untrue, inaccurate, incomplete and/or not current, Constant Emails reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service, in whole or in part, by you. On occasion, we may ask you to sign an affidavit verifying the fact that your list is truly permission based.
6. Email, Permission Practices, Image Hosting and Prohibited Content.
- Subscriber Opt Out: Every email message sent via Constant Emails must contain an "unsubscribe" link that allows subscribers to remove themselves from your mailing list. Each such link must remain valid for thirty days after the message was sent. You acknowledge and agree that you will not remove or disable the link. Unsubscribe requests will be processed within ten days of submission, and update the email addresses to which messages are sent through your Constant Emails account must be made. Under the CAN-SPAM Act of 2003, you acknowledge that you are responsible for maintaining and honoring the list of unsubscribe requests following termination of your account and this Agreement.
- Permission Practices: You agree to import, access, or otherwise use only Permission Based Lists in connection with your use of the Products. You agree that you shall not use any other lists in connection with your use of the Products. If you have used the Product feature that allows you to request a recipient to confirm that you have his or her 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. You agree that you shall not utilize the Product to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or objected to receiving such messages from you. You may not mail to distribution lists, newsgroups, publicly available press or media addresses, or spam and unsolicited email addresses. You may not copy a Constant Emails template or any other feature from the Product and use them for any purpose other than sending email messages from the Products. Emails sent out through the Products may generate spam complaints from recipients. For their privacy, Constant Emails cannot share with you their email addresses. You are responsible for ensuring that your emails do not generate an excess of spam complaints. Constant Emails may determine whether your level of spam complaints is within industry norms, and its determination shall be final, binding, and conclusive for all purposes under this Agreement. Constant Emails will terminate your use of its Products if it is determined that your level of spam complaints is higher than industry norms.
- Footers: For every email message sent in connection with the Products, you agree that Constant Emails might add a footer stating "Email Marketing by Constant Emails", "Powered by Constant Emails", or a similar message.
- Images. Images hosted by Constant Emails may only be used in connection with the Products. To the extent you use images provided by Constant Emails, you are granted a limited, non-exclusive, non-transferable sub-license to use the images in an unaltered state solely in connection with your use of the Products.
- Prohibited Content: Constant Emails prohibits the use of the Products by any person who:
- 1. Provides, sells or offers to sell the following products or content (or similar): pornography or pornographic sexual products, including but not limited to magazines, video, and software; escort services; dating services; adult promotions; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or make bombs, grenades or other weapons.
- 2. Displays or markets material that exploits children or minors under 18 years of age.
- 3. Provides, sells, or offers products, services or content frequently associated with unsolicited commercial email, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, work at home businesses, credit or finance management, DJ/nightclub, event promotions/party lists, and betting/gambling services.
- 4. Provides material that is offensive, including expressions of bigotry, prejudice, racism, hatred or profanity, or any material that holds obscene, lewd, lascivious, filthy, violent, or harassing content.
- 5. Discloses any private information about children or minors without their consent (or their parents' consent in the case of a minor).
- 6. Introduces or unleashes viruses, worms, harmful code, key-logging software, Trojan horses, or other forms of spy ware to the Internet.
- 7. Promotes, solicits, or participates in pyramid schemes or multi-level channel (MLM) businesses.
- 8. Engages in any libelous, defamatory, scandalous, threatening, or harassing activity.
- 9. Promotes or solicits any content that advocates, promotes, or encourages violence against any governments, organizations, groups, or individuals.
- 10. Markets to third party voter registration lists.
- 11. Distributes or uses any content not owned by the sender including photos, artwork, or content without the express written consent of the owner, or distributes any material that identifies or displays images or people without their express written consent.
- Right to Disable Access or Remove Content. At its discretion, Constant Emails may disable your access to the Products or remove all or a portion of your content, without refund, if it is believed that you have violated any of the policies listed above or this Agreement.
7. End User Accounts and Security: As an End User of the Service, you will receive an end user account and password to access your account. You are responsible for maintaining the confidentiality and security of your account and password. You are responsible for any and all activity that occurs within your end user account while using the Service, including, but not limited to, the content located in all electronic mail messages sent through the Service from your account. You may modify or change your password at your discretion by following the instructions located on the Constant Emails web site. You agree to promptly notify Constant Emails of any unauthorized use of your account or any other breach of security.
8. Termination: As End User of the Service, if you disagree and/or are dissatisfied with the Service, in whole or in part, or with any provision of this Agreement, in whole or in part, it is your sole and exclusive obligation to terminate your End User account, for any reason and at any time. To terminate your account, you must immediately discontinue your use of the Service, notify Constant Emails of your intention to terminate your End User account, and destroy all content and materials obtained through your use of the Service. Upon execution of the termination process, you must cease all use of the Service immediately; any license given to you for use of the Service will be revoked. Termination of this Agreement and your End User account to use the Service shall not have any effect on your obligations to Constant Emails under any other agreement or policy relating to the Constant Emails Service. Upon termination of your End User account, Constant Emails shall not be liable, in any way, to you or any third party for termination of your use of the Service, and Constant Emails shall not be obligated to forward any unread, unsent or unprocessed electronic mail messages to you or any third party. Constant Emails reserves the right to immediately terminate your End User account and your access to the Service for any violation of the terms and conditions set forth in this Agreement, with or without prior notice to you, for any reason in Constant Emails’ sole and exclusive discretion. Upon termination of your End User account and access to the Service, you must destroy all content and materials obtained through your use of the Service, all related documentation, and any originals or copies of same. We reserve the right to immediately delete all electronic mail messages in your End User account and prohibit any and all further access to those electronic mail messages and/or your use of the Service upon termination of your End User account.
Cancellation Policy: We are a month-to-month service, so you may cancel your account at any time. Subscription fees are prepaid, so we recommend that you cancel prior to your monthly renewal date or you will be charged your next month’s subscription fee. We do not prorate or refund our service.
To cancel your account, login to your Constant Emails account. Go to the My Account tab and click on “Cancel My Account” to complete the process. You will receive a cancellation confirmation message on screen and by email which includes your Cancellation confirmation number. Your account will remain accessible and active up until the day before your renewal date. After that date, you will have access to your account for a few months; you will just not be able to send emails.
PLEASE NOTE THAT UNTIL YOU PROVIDE US WITH A COMPLETED CANCELLATION REQUEST, YOUR ACCOUNT WILL BE CHARGED MONTHLY FOR YOUR SUBSCRIPTIONS FEE. INACTIVITY IN YOUR ACCOUNT WILL NOT CONSTITUTE A CANCELLATION. YOU WILL BE RESPONSIBLE FOR ANY OUTSTANDING BALANCES AS WELL AS RELATED COLLECTION COSTS.
9. User-Submitted Content: The End User has sole responsibility for any content, data, text, software, music clips, sound, video, photographs, graphics, messages, files or other material that is transmitted, posted or otherwise distributed by you through the Service, including, but not limited to, the contents of your electronic mail communications and photographs posted by you on the Constant Emails Site or through the Service. As such, you assume sole liability for all End User Materials posted by you, whether publicly or privately posted and/or transmitted. Constant Emails is not responsible and holds no liability relative to monitoring the End User Content provided through the Service, and does not warrant, guarantee or represent, in any way, the accuracy, quality, or integrity of the End User Materials. By utilizing the Service, you acknowledge that you may be exposed to content or other materials submitted by third parties or other users that may be offensive, indecent or otherwise objectionable, and that Constant Emails is held unaccountable for any liability resulting or arising out of same. Likewise, Constant Emails shall not be held liable for any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content transmitted through the Service.
10. Modifications: Constant Emails reserves the right to modify and/or discontinue the Service, whether temporarily or permanently, with or without notice to the users, and Constant Emails shall not be liable to you or any third party for any such modification and/or discontinuance of the Service.
11. Disclaimer of Warranties: You expressly agree that use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. Constant Emails expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Constant Emails makes no warranties that the Service will meet your requirements and/or be uninterrupted, timely, secure or error-free, nor does Constant Emails make any warranty as to the accuracy or reliability of any information obtained or downloaded through the use of the Service, or that defects in the system and software will be corrected. Constant Emails makes no warranty regarding any goods or services purchased or downloaded through the use of the Service or any third-party links or any information obtained or transactions entered into through the use of the Service. No advice or information, whether oral or written, obtained by you from Constant Emails shall create a warranty not expressly stated herein. Furthermore, Constant Emails makes no warranties concerning the suitability of the content provided through the Service for any purpose.
12. Disclaimer of Liability: Constant Emails shall not be liable for any damages whatsoever, whether direct, indirect, incidental, special, or consequential, arising out of or connected to the use of the Service or with the delay or inability to use the Service, or for any information, products and services obtained through use of the Service, or otherwise arising out of the utilization of the Service, whether based in contract, tort, strict liability or otherwise, even if Constant Emails has been advised of the possibility of said damages. Furthermore, Constant Emails shall not be liable for any damages arising from the interruption, suspension, or termination of the Service, including, but not limited to, direct, indirect, incidental, special, consequential, or exemplary damages, whether or not such interruption, suspension, or termination was justified, negligent, or intentional.
13. Indemnification: You agree to hold Constant Emails, subsidiaries, affiliates, officers, agents, representatives, successors, members, principals, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site or services set forth in this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations, obligations, and warranties set forth above. Constant Emails reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of Constant Emails.