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Terms of Use

EmailIntegrations.com Standard Terms of Use

The following terms and conditions apply to Customer’s use of the Services of Email Integrations d/b/a EmailIntegrations.com, a Nevada corporation (“Company”), pursuant to the General Terms of Service (the “Agreement”), the terms of which are incorporated herein by this reference.  All capitalized terms used herein shall have the meaning given in the Agreement, unless otherwise indicated.

1.                   Activation and Use of the Services. 

A.            Account Access. On or before the Effective Date, Company shall provide Customer with an account name and a password that will allow access to the Services. Customer shall be responsible for any and all activities conducted through its account, whether or not such activities have been authorized by Company.  Customer may access the Company’s Services only through the interfaces and protocols provided or authorized by Company. Customer agrees not to access the Services through unauthorized means, such as unlicensed software clients, and Customer will only use Company Products in conjunction with Company authorized products and components.

B.            Registration Information. Upon Company’s request, Customer shall provide Company with accurate and complete registration information with respect to Customer’s use of the Services (including the identity, email addresses, and passwords of Customer’s authorized hosted list administrators and any other information reasonably requested by Company) and to promptly update such information as changes occur.  Customer’s failure to provide or update such information shall constitute a material breach of the Agreement.

C.            Content. Customer acknowledges that Company is not responsible for and does not give any assurance to any person with respect to the validity, value, usefulness or accuracy of any Content. Customer, on behalf of itself and any person using the Services, shall solely and exclusively bear any risk associated with Content.

D.            Lawful Use. Customer agrees to use the Services only for lawful purposes. Customer agrees that Company (in its sole discretion) may monitor any and all aspects of the Services for the purpose of auditing compliance with this Agreement. Customer will inform its users of, and obtain any and all necessary consents to, such monitoring.  If Customer or any of its users restricts or inhibits any other customer or user of the Services, or adversely impacts or causes harm to Company’s Internet Protocol Address or Domain Name, Company may, in its sole reasonable discretion, terminate or limit the right of Customer or Customer’s user to use the Services as provided in the Agreement. Customer represents and warrants that Customer and its users are at least 18 years of age.

E.             Other Unacceptable Uses.  Additionally, Customer may not use the Services to:

i.                Send email with an invalid “From:” or “Reply-to:” address. All messages posted to Customer’s list must contain valid email addresses and Customer must be responsive to all replies from members of Customer’s list, including unsubscribe requests. Customer may not refuse or ignore unsubscribe requests from members of Customer’s list.

ii.                Harass, threaten, embarrass or cause distress, unwanted attention or discomfort to a person or entity.

iii.                Post or transmit sexually explicit images or other content that is deemed by Company to be offensive unless such material has been approved by Company and adheres to all governing laws and regulations.

iv.                Transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party, as determined by Company.

v.                Impersonate any person, including but not limited to, an official of Company or an information provider, or communicate under a false name or a name that Customer are not entitled or authorized to use.

vi.                Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law.

F.             International Usage. Customer acknowledges that its use of the Services allows access to content originating from other customers, and third parties located in countries other than the United States. Customer agrees that its access to and use of such Content may be governed (in addition to this Agreement) by separate terms and operating policies which conform to appropriate and applicable national laws and customs. Company is registered with the U.S. Department of Commerce’s Safe Harbor List, and certifies that its organization adheres to the safe harbor framework.

G.            Third-Party Services.  Customer may elect, in its discretion, to obtain other services from one or more third parties for use in conjunction with the Services provided such third party services do not interfere with Company’s business.  Customer expressly acknowledges and agrees that Company shall have no responsibility for such third-party services or their delivery where applicable.

2.                   Hosted Email Marketing Services.  The following terms and conditions shall apply to Customer’s use of Company’s hosted email marketing-related services.

A.            Customer List.  Customer shall use a “opt-in” subscription method for all new list members.  For the purpose of the Agreement, an “opt-in” method shall mean that when Customer adds a new member’s email address to the list, that email address shall not be activated unless and until the new member receives one of the following:

i.                 Confirmation e-mail from Customer requesting member’s consent to be added to the list.

ii.                 Notification email from Customer alerting the member of the subscription including instructions to unsubscribe.

Customer may not use the Services for a one-time mailing to a list of members after which Customer deletes substantially all of the membership and creates a new list. Customer’s membership must be a static, permanent list to which Customer adds or deletes new members and/or members subscribe or unsubscribe themselves in the ordinary course. Any import of unconfirmed members directly into Customer’s list, or inclusion of advertising or other unsolicited calls-to-action in the confirmation message shall be at Customer’s own risk, and subject to Section 2.D below.

B.            Spamming Prohibited.  Customer may not use the Services to send unsolicited email, whether it be commercial or non-commercial and/or commercial email containing any deceptive, unsubstantiated, or unfair marketing claim (collectively, “Spam“). Customer’s email will be considered unsolicited if Customer’s membership addresses are not 100% opt-in by Customer’s members or the recipient complained directly to Company’s Abuse Department.  If Customer’s email addresses came from harvesting or ‘dictionary attack’ list-building, for the purposes of this Agreement all messages sent to such addresses will be considered Spam. In addition, Customer’s email will be considered Spam if it: (i) contains one or more deceptive or unsubstantiated claims regarding products or services; and/or (ii) furthers, constitutes or consists of an unfair business practice.  Customer shall be solely responsible for the substantiation of any and all claims made in all messages transmitted via the Services using Customer’s account.

C.            Spamming Complaints. If Company receives complaints that Customer has transmitted and/or continues to transmit Spam, in addition to any other rights that Company may have under the Agreement or under applicable law, Company may at its sole option suspend Customer’s service pending a reconfirmation of Customer’s entire membership list. This reconfirmation may be required by Company in any reasonable manner it determines in its sole judgment including, without limit, sending a single email to all of Customer’s list members requesting confirmation of their wish to maintain their subscription to such list. Members who do not reconfirm within a reasonable time established by Company may be deleted from the list in question. Company agrees to use commercially reasonable efforts to contact Customer’s designated list administrator by email or phone if suspending service.  Customer is responsible for contacting its list members for the purposes of reconfirmation.  All spam complaints are subject to a thirty ($30) dollar fine.  Failure to pay such fines will be considered breach of contract.

D.            Company Remedies.  If Company determines in good faith that Customer has transmitted and/or continues to transmit Spam, in addition to exercising any other of its rights under this Agreement and applicable state or federal law, Company will issue a one-time warning to Customer’s primary contact’s email address to cease such activity, after which if Spam transmission continues: (i) Company may bring an action in any court of competent jurisdiction to enjoin such activity, it being understood that such activity may cause irreparable harm to Company which may not be fully compensable by monetary damages, and (ii) Company may recover from Customer monetary losses caused to Company by such activity in an amount equal to the greater of (a) $100 for each such item of unsolicited email that Customer has sent to each separate and identifiable e-mail address – which amount the parties agree is a fair and reasonable estimate of Company’s losses suffered thereby – or (b) Company’s actual monetary loss, including but not limited to any damage, loss or expense (including attorney’s fees) resulting from any third party claim made against Company as a result of Customer’s conduct in violation of this provision. In addition to the foregoing, Customer shall be responsible for reasonable costs incurred by Company in bringing such actions, including its reasonable attorney’s fees.

E.             Unsubscribing. All list messages must include the Company unsubscribe instructions in the body or footer of the message, so that members can unsubscribe themselves from the list.  List owners must respond to member requests for manual removal from the list promptly, but in no event more than 10 days after the member’s first request.

3.                   Data. 

A.            Security & Storage.  Only Customer may access data about Customer’s website.  No data regarding individuals or individual websites can be extracted from this collected data.  Customer’s Confidential Information will not be disclosed to any third party except in accordance with the terms of the Agreement.

B.            Security, Data Retention and Availability.  Company uses commercially reasonable efforts to protect the security of the Services. Company shall not make Customer’s passwords available to anyone who is not an authorized agent or employee of Company. By registering for the Service and implementing Services software, Customer authorizes Company to collect, store and process Customer data subject to the terms and conditions of the Agreement and Company’s Privacy Policy which Customer represents and warrants that it has read and understood.  Once Customer has been terminated, Company will keep Customer’s data on file for up to ninety (90) days, except as otherwise provided in the Agreement.  Company during the life time of the Customer’s contractual agreement will keep all Customer digital data on file within the account with the exception of the following: (i) All FTP data on Customer’s FTP account will be available for up to thirty (30) days after file creation.  On the thirtieth day Company may permanently remove the data that is older then thirty days. (ii) All historical tracking information including sent logs older than one (1) year may be removed unless stated otherwise on the Agreement.

C.            Website Data And/Or Email Lists.  Company acknowledges that website data and/or email lists provided to Company by Customer in connection with the Agreement are the property of Customer. Unless Company receives specific instructions from Customer to the contrary, Company will not sell, license, share, transfer or otherwise disclose such data or Customer’s administrator’s login information to any third party except as otherwise specifically provided in this Agreement or as required by law or court order.

D.            Customer’s Responsibilities.

i.                Copies.  Customer shall not copy any portion of the Services.  Back-ups or copies made by Customer in relation to the Services shall only include copies of the Customer’s Content (“Back-Up”).

ii.                Procedures.  Company has implemented security measures to prevent the loss, misuse or adulteration of Customer data stored on Company’s servers.  However, Company shall have no responsibility for preserving, archiving, storing, or maintaining the integrity of Customer’s data or Customer’s website information.  Customer shall be exclusively responsible for the supervision, management, and control of its use of the Services, including, but not limited to:

1.     Assuring proper configuration of the Services;

2.     Establishing adequate operating methods;

3.     Implementing procedures sufficient to satisfy its obligations for security under this Agreement, including appropriate action between it and its employees to prevent misuse, unauthorized copying, modification, or disclosure of the Software; and

4.     Making Back-Ups.

4.                   Support.  Customer understands that its use of the Services is at its own risk and that Company provides no assistance other than the information posted on the Company’s website, located at www.EmailIntegrations.com. Company is under no obligation to provide Customer with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Services.

5.                   Revisions to Terms of Use. Company reserves the right to supplement, modify and/or amend these Standard Terms of Use (each a “Revision”) at any time in its sole and absolute discretion without Customer’s consent, provided that Company shall provide notice to Customer of any such Revision.  If any such Revision results in a material change to the Standard Terms of Use, Customer may reject such material Revision by providing written notice to the Company within ten (10) days of Customer’s receipt of notice of the material Revision.  Customer’s continued use of a Service longer than ten (10) days after receipt of notice of a Revision shall be considered Customer’s acceptance of such Revision.  Upon timely receipt of Customer’s rejection of a material Revision, Company shall, at its option, either terminate this Agreement (in which case Customer shall not be responsible for Rates for any remaining unexpired portion of the Minimum Term), or reverse or unwind the material Revision.