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EMAIL2U®
SITE OWNER AGREEMENT AND SOFTWARE LICENSE TERMS
Through its EMAIL2U® (the "Services") GlobalPromotions.Net,
Ltd. ("Gpnet") provides web site operators a variety of tools and
resources to collect visitor email addresses and to create, launch,
and manage online marketing campaigns. This 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 Services. By clicking the 'I accept these terms and
conditions' button on the sign-up page, you accept these terms and
conditions.
1. Services and Support
1.1 The Services are provided subject to this
Agreement, as it may be amended by Gpnet, and any guidelines,
rules or operating policies that Gpnet may establish and post from
time to time (the "Agreement"), including without limitation EMAIL2U's
email privacy policy, as linked from all email generated from EMAIL2U
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 Service or at the EMAIL2U.biz
web site, or otherwise providing notice to you, Gpnet may modify
the terms of the Agreement and may discontinue or revise any or
all other aspects of the Services in its sole discretion. All such
changes shall become effective upon posting of the revised Agreement
on the Service.
1.2 The Services are available only to persons
who can form legally binding contracts under applicable law. Without
limiting the foregoing, the Services are not available to individuals
under the age of 18. If you do not qualify, you are not permitted
to use the Services.
1.3 The Services enable corporate web sites,
small business web sites, and community sites to sign up web site
visitors, collect and retrieve visitor sign-up data, and develop
and execute email marketing communications with visitors.
1.4 The Services will be subject to monthly
subscription fees ("Paid Services”). You will be notified via email
and may purchase, in advance, a monthly subscription for Paid Services.
Access to the Services will be disabled until payment is received.
Paid Services are billed monthly or pre-paid, in advance, according
to the Fee Schedule provided to you by Gpnet. The Fee Schedule,
including subscriber levels and prices, are subject to change at
any time. Amounts paid for the services are not refundable.
1.5 You must complete the registration form
on the Sign Up page in order to use the Services. You will provide
true, accurate, current, and complete information about yourself
as requested in the registration form. As part of the registration
process, you will identify an email address and password for your
EMAIL2U account. You are responsible for maintaining the security
of your account, passwords, files, and for all uses of your account
and of the Services in your name. Gpnet reserves the right to refuse
registration of, or cancel, accounts it deems inappropriate.
1.6 You will be billed monthly or your pre-paid
account will be debited for Services. Payment for Services will
be made by a valid credit card accepted by Gpnet. If the monthly
payment option is selected, you hereby authorize Gpnet to charge
your credit card for such amounts on a regular basis, but generally
on the first day of each month. Fees are payable in US dollars.
If Gpnet is for any reason unable to effect automatic payment via
your credit card, you will be notified via email and your EMAIL2U
account will be disabled until payment is received. Monthly pricing
may vary based upon subscriber count or emails sent; you are responsible
for reviewing the Fee Schedule from time to time and remaining aware
of the Fees charged by Gpnet.
1.7 You acknowledge that from time to time that
email delivery of email messages may be blocked or prevented at
the destination mail servers sent through EMAIL2U. You acknowledge
and agree that you are responsible for paying Fees for all email
messages sent through EMAIL2U, regardless of whether delivery of
such messages to their intended recipients is prevented or blocked
by any third party. You are responsible for monitoring, correcting
and updating the email addresses to which messages are sent through
your EMAIL2U account.
2. Restrictions and Responsibilities
2.1 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 Services or any software, documentation, or data related to
the Services ("Software"); remove any proprietary notices or labels
from the Services or any Software, modify, translate, or create
derivative works based on the Services or any Software; or copy,
distribute, pledge, assign, or otherwise transfer or encumber rights
to the Services or any Software. The Services shall be used for
your internal business (which includes civic or charitable) purposes
only and you shall not use the Services or any Software for timesharing
or service bureau purposes or otherwise for the benefit of a third
party. If you are using the Services in any country in the European
Community, the prohibition against modifying, translating, reverse
engineering, decompiling, disassembling or creating derivative works
based on the 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.
2.2 You acknowledge and agree that the Services
and the Gpnet company names and logos and all related product and
service names, design marks and slogans, are the property of Gpnet
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 Gpnet. Your use of the Services confers no title or ownership
in the Service, the Software or the Marks and is not a sale of any
rights in the Service, the Software or the Marks. All ownership
rights remain in Gpnet or its third party suppliers, as the case
may be.
2.3 You represent, covenant, and warrant that
you will use the Services only in compliance with the Agreement
and all applicable laws (including but not limited to policies and
laws related to spamming, privacy, obscenity, or defamation). 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
Gpnet 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 Services. Although Gpnet has no obligation
to monitor the content provided by you or your use of the Services,
Gpnet may do so and may remove any such content or prohibit any
use of the Services it believes may be (or is alleged to be) in
violation of the foregoing.
2.4 Every email message sent in connection with
the Services must contain an "unsubscribe" link that allows visitors
to remove themselves from your mailing list and a link to the then
current Email Privacy Policy (see Section 2.9 below). You acknowledge
and agree that you will not remove, disable or attempt to remove
or disable either link. You agree to only import permission-based
lists (note: purchased lists may not be used, please contact Gpnet
if you have questions). You cannot mail to distribution lists, newsgroups,
or spam email addresses. You cannot copy an EMAIL2U template and
use the design for purposes other than sending emails from EMAIL2U.
Gpnet, at its own discretion, may immediately disable your access
without refund to the Services if Gpnet believes in its sole discretion
that you have violated any of the restrictions listed above.
2.5 The 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. This may include material that
is obscene, threatening, harassing, libelous, or in any way a violation
of intellectual property laws or a third party's intellectual property
rights.
2.6 For every email message sent in connection
with the Services, you acknowledge and agree that the Services may
automatically add an identifying footer stating "Powered by EMAIL2U"
or a similar message. You agree to cooperate with and provide reasonable
assistance to Gpnet in promoting and advertising the Services.
2.7 In using the varied features of the Services,
you may provide information (such as name, contact information,
or other registration information) to Gpnet. Gpnet may use this
information and any technical information about your use of the
Services to tailor its presentations to you, facilitate your movement
through the Service, or communicate separately with you. If you
licensed the Services as a result of solicitation by a Marketing
Partner of Gpnet, Gpnet may share your information with the Marketing
Partner. Gpnet will not provide information to companies you have
not authorized and Gpnet will not permit the companies that get
such information to sell and redistribute it without your prior
consent.
2.8 Gpnet will not use your customer list or
any other customer information for any other purposes than those
intended with the service. Your customer information will not be
shared with any other parties. In addition, Gpnet will not use your
customer information for the purpose of sending unsolicited commercial
e-mail.
2.9 You will adopt and maintain the Email Privacy
Policy, which may be modified by Gpnet from time to time.
3. Termination
3.1 You may terminate this Agreement at any
time by sending an email message to support@EMAIL2U.biz
or by sending written notice to Gpnet at P.O. Box
210, Hurghada, Red Sea, Egypt. There are no refunds for any fees paid.
3.2 Gpnet may terminate this Agreement or the
Services at any time with or without cause, and with or without
notice. Gpnet shall have no liability to you or any third party
because of such termination.
3.3 Gpnet will delete any of your archived data
within 30 days after the date of termination. All sections of this
Agreement which by their nature should survive termination will
survive termination, including, without limitation, ownership, warranty
disclaimers and limitations of liability.
3.4 If you do not log into your account for
more than 90 days, the account will become inactive. When an account
is classified (at Gpnet's sole discretion) as inactive, Gpnet will
notify you by email. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE
OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER SIGNUPS, MAY BE
PERMANENTLY REMOVED FROM THE GPNET DATABASE.
4. Warranty Disclaimer; Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU
UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF
SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. GPNET DOES NOT WARRANT
THAT THE 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 SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND GPNET
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 Services shall be for Gpnet to use commercially
reasonable efforts to adjust or repair the Services.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER
NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE,
SHALL GPNET OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS
PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES,
DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF
THIS SECTION AS "GPNET SOFTWARE") BE LIABLE TO YOU OR
ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN
IF GPNET 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, GPNET 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 GPNET TO YOU WILL BE LIMITED TO THE AMOUNT YOU
PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION
AND EXCLUSION MAY NOT APPLY TO YOU.
6. 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 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.
7. Miscellaneous
7.1 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.
7.2 Gpnet 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.
7.3 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 Gpnet in any respect whatsoever.
7.4 In any action or proceeding to enforce rights
under the Agreement, the prevailing party will be entitled to recover
its costs and attorneys' fees. |