End User Services Agreement
1. Services. Services facilitate the electronic distribution of CUSTOMER created content to lists of subscribers. The services consist then of a web-based application and technology that manages content, subscriber lists, and the delivery and tracking of content. We do not send content to the CUSTOMER’S subscribers but act only as an agent to facilitate the delivery of the CUSTOMER’S content when requested by the CUSTOMER.
3. Free Trial Period. When the CUSTOMER enters into a trial of the services, the CUSTOMER will not be billed for 30 days. The 30 day term of the trial begins on the day that the CUSTOMER is contacted with the user access information for the services. During the trial period CUSTOMERS will have limited access to various services which may include but are not limited to, total number of subscribers, subscriber lists, import capacity, export options, sending volume, and more. At the end of the trial term the CUSTOMER may begin purchasing services according to the posted online pricing schedule. If the CUSTOMER does not choose to begin a paid subscription, their access to the services and the CUSTOMER’S data and content will be restricted.
8. Passwords. CUSTOMER agrees to keep passwords and other data used to access the services in strict confidence. CUSTOMER must notify MyEmailProgram if there is any loss or compromise of this information. The CUSTOMER will be responsible for any actions or fees incurred as a result of the CUSTOMERS negligent or intentional misconduct.
under the laws of the state in which it was organized; (iii) it has full power and authority to enter into this Agreement, which constitutes a legal, valid and binding obligation enforceable against it in accordance with the terms hereof; (iv) all information provided by it is and will be truthful and accurate; (v) its use of the CUSTOMER Data, the services, including, without limitation, its right to email recipients, is and will at all times be in accordance with the terms and conditions set forth in this Agreement, the Policies and all applicable laws, rules and regulations, and without infringement or misappropriation of any intellectual property right or other right of a third party.
11. Disclaimer of Warranties. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS”, AND THE SITE EDITOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.THE SITE EDITOR MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE SITE EDITOR NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT THE SITE EDITOR WILL NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
15. Term and Termination. The CUSTOMER’S term is always monthly unless otherwise agreed upon in writing. The CUSTOMER may terminate their use of the services at anytime. Fees are non-refundable. CUSTOMERS may terminate their use of the services in writing to MyEmailProgram via mail (JP Squared Consulting Inc 6972 West 81st Ave Arvada, CO 80003), email ([email protected]), or phone (303-719-1209).
- Mailing List Source: You may not import or use any purchased, leased, borrowed, or acquired list of subscribers. All subscribers must be obtained directly as described below.
- Opt-In Required. We require that each subscriber directly opt-in to receiving any electronic content. We strongly encourage all users to utilize a double opt-in service. Double opt-in requires that users confirm their subscription via email after filling out a web based form.
- Unsubscribe Link Required: Every email sent must contain the software provided, valid, unsubscribe link. Merely including instructions to unsubscribe, asking people to reply, or any other human administrated system is NOT sufficient.
- You must also accept and process unsubscribe requests that come via mail, email, or over the phone.
- Bounce Processing: You must actively utilize the built in Bounce Processing features to process bounced mail. Once an email address has bounced, you may no longer include that email address in any future mailings.
- List Management: You may not copy subscribers from one contact list to another without their explicit permission or consent.
- Old Mailing Lists: An old mailing list is defined as a list of subscribers that have not been contacted for over 18 months. You may not import old mailing lists. You may not send email or other electronic content to subscribers on old email lists. Take care to keep some level of contact with your subscribers to prevent the list from becoming “old.”
- Subject Lines: Your subject line may not be in any way misleading or deceptive. It must be congruent with the content in the body of your email.
- Sender clarity: You must correctly identify you or your organization (of which you are an authorized representative) as the sender of the email. This includes making sure the from email address is valid and correctly identifies the sender. The company information; to include business name, full address, and contact phone number; must be listed somewhere in the every email.
- No Selling / Trading Lists: You may not sell, trade, or lease your subscriber list to a 3rd party.
- Legal Compliance: Beyond these guidelines, you are responsible to ensure your content and email practices conform with all applicable international, federal, and local laws.
- Pornography, adult entertainment, nudity, prostitution or escort services.
- Online gambling
- Federally regulated or otherwise illegal drugs or narcotics, or paraphernalia associated therewith
- Illegal or unlawful goods or services; act(s) of violence or commission(s) of crimes or illegal activities; products or services from an embargoed or blacklisted country, individual or entity
- Stolen goods
- Libelous, defamatory, scandalous, threatening or harassing acts
- Pirated computer programs
- Counterfeit or fraudulent products
- Instructions on how to assemble or otherwise make any weapon including bombs, grenades or firearms
- Content or material that exploits or is harmful to children under 18 years of age
- Any personally identifying information or private information
- Content that is: unlawful; grossly offensive, including expressions of bigotry, discrimination, prejudice, racism, hatred or excessive profanity; or obscene, lewd, lascivious, filthy, malicious, libelous, defamatory, excessively violent, defamatory, threatening, harassing or otherwise morally objectionable;
- Viruses, worms, harmful or malicious code and/or Trojan horses
- 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
- Content that violates or misappropriates any third party intellectual property, moral or
- Illegal pyramid schemes
With Approval Only: The following types of content may be included in outbound electronic content only with approval of JP Squared Consulting Inc (MyEmailProgram.com)
- Multi-level channel and/or network marketing opportunities, including, but not limited to personal work-at-home offers promoting “get rich quick,” “build your wealth,” and “financial independence” offerings