Introduction to Mail Blaster Terms of Use

IMPORTANT - READ CAREFULLY: These "Terms of Use" (sometimes referred to as this "Agreement") constitutes a legal agreement between you and The Mail Blaster Inc, ("Mail Blaster," "we," or "us"). You are a customer ("Member") (or will become a Member if you agree to our Terms of Use). The "Term" is the time during which you are entitled to use our website to create and send out electronic newsletters and other digital content. You are responsible for assuring that all the terms and conditions of this Agreement are complied with. By clicking the button to join Mail Blaster, you will be agreeing to the terms of this Agreement. Furthermore, by clicking that button, after typing in your username, or other indication of your identity, you do confirm to us that typing in such indication of identity constitutes your "signing" of this Agreement for all purposes under applicable law. Any individual clicking the button on behalf of another individual or entity, listed as the Member above, does hereby represent and warrant that such agreement is being made with full authority.

Mail Blaster Terms of Use

WARNINGS OF SERIOUS LEGAL CONSEQUENCES

Warning: Under Section "15" of these Terms of Use, if you engage in certain conduct, such as violating laws that regulate sending out and the content of bulk email, try to take advantage of us in violation of our Terms of Use by taking such actions as using our servers to host images for your website, instead of just emails you send using Mail Blaster, sending out emails created using Mail Blaster through another service or failing to pay an amount you owe us, we will be entitled to collect from you the higher of a pre-set amount or a multiple of your charges for one year on an annualized basis (which is a reasonable pre-estimate of the actual damages we would likely suffer from such conduct) plus attorney fees. We offer very powerful tools at a very low price. In exchange we expect our customers to act with integrity and follow our rules in order to help us maintain our reputation as having customers who only send bulk email to people who have consented to receiving them or with whom they have had a relationship from earlier selling or licensing (or negotiating to sell or license) a product or service and to not otherwise abuse our system.

(Applies to All Members of Mail Blaster)

1. Purpose : The purpose of these Terms of Use (this "Agreement") is to set forth the terms and conditions under which you are permitted to use our email/electronic newsletter creation, distribution and management system (the "Services"). Any email, including but not limited to any email newsletters, sent out using the Services, are referred to herein as an "Email."
2. Changes : We reserve the right to change any of the terms of this Agreement by posting the revised Terms of Use on our Website and/or by sending an email to the last email address you have given to us. Unless the Term is terminated within ten (10) days, this new Agreement will be effective immediately with respect to any continued or new use of the Services.
3. Charges and Payments :
   • Monthly Plans
     • 5.1 Our charges for monthly plans are posted on our Website and may be changed from time-to-time. Payments are due for the full month for which any part of the month is included in the "Term." Payments are due for any month on the same date, or the closest date in that month, to the date of the month you signed up with us and made your first monthly payment (the "Pay Date").
     • 5.2 As long as you are a Member or have an outstanding balance with us, you agree to at all times provide us with valid credit card information and authorize us to deduct the monthly charges against such credit card and to replace the information for any credit card that expires with information on a different valid credit card. Any individual using a credit card represents and warrants that he or she is authorized to use such credit card and that any and all charges may be billed to such credit card and will not be rejected.
     • 5.3 Whenever you increase the number of email addresses you are using or the number of Emails that you are going to be sending so that you are at a more expensive level, we may, at our sole discretion, require you to pay the difference in the monthly payment before the next Email is sent out.
   • Refunds
     • 5.5 We are required to provide a refund only if we terminate our Services to you without cause before the end of a month for which you have paid. There is no other circumstance in which you will be entitled to a refund from us. We may, at our sole discretion, offer refunds in other situations subject to any Member seeking such refund applying for the refund in accordance with the requirements we post on the website, which may be changed from time to time.
4. Term, Termination and Removal : Either party may terminate the Term of this Agreement at any time for any reason by providing Notice to the other party. We may suspend our Services to you at any time with or without cause. We will refund a pro rata portion of your monthly prepayment. We will not refund and/or reimburse you in such manner, if there is cause, such as your using our system to send bulk Emails to people with whom your relationship does not meet the requirements of 9(b) below. Once terminated, we may remove any of your electronic newsletters or other emails and related data and files from our Website and any other storage. Additionally, if you do not log in to your account for 12 or more months, we may deem your account "inactive" and permanently delete your account and all data associated with it.
5. Account and Password : You are responsible for maintaining the confidentiality of any account name and password provided to you. You are solely responsible for uses of any account provided to you, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of any account of yours.
6. Proprietary Rights Owned by Us : You acknowledge that we, or our suppliers, own all proprietary rights in the Website and the newsletter mailer software (developed by YNH Web Dev) used to provide the Services, including, but not limited to, any patents, trademarks, service marks and copyrights.
7. Proprietary Rights Owned by You : You represent and warrant to us that you will not add or upload any content to the Website to create an electronic newsletter, or for any other purpose unless you are the owner of all proprietary rights in that content (or have been given a valid license from the owner of the proprietary rights in such content) and have obtained releases for all related privacy and publicity rights.
8. General Rules : You agree to the following:
   • You will not incorporate into your Email any text, photos, graphics or other content that is not created by you, not provided by us for you to incorporate into your Email or you are not otherwise permitted to use.
   • You will not post on the Website, including in any Emails created or sent using our Services, any misleading or incorrect name, address, email address, subject line or any other misleading or incorrect information.
   • You will not publish any material that contains sexually related text, photographs or other content, or content that is defamatory, obscene, indecent, threatening, abusive or hateful.
   • You will not share your password.
   • You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way used or downloaded from the Website.
   • You will not include in any Emails any material, including, but not limited to, text and graphics, the inclusion of which is in violation of any other party's rights, including, but not limited to, copyrights and privacy and publicity rights.
   • You will not set up multiple accounts for any individual, organization or entity or in order to send substantially similar content unless you are part of a franchise.
   • You will not import or incorporate into any lists, emails or uploads to our servers any of the following information: Social Security Numbers, passwords, security credentials, or sensitive personal information of any kind.
9. Anti-Spam and Abuse Related Rules : You agree to the following:
   • Definition of SPAM: We have adopted the definition of Spam set forth on the Spamhaus website at http://www.spamhaus.org/definition.html The first line of the Spamhaus definition reads:

     The word "Spam" as applied to Email means Unsolicited Bulk Email ("UBE").

     It is a concern to us if you use Mail Blaster to send any unsolicited email to anyone with whom you have no relationship. It is much more of a concern, and more likely to cause our system to be blocked by various ISP's, for you to send an unsolicited email to an entire list of people you don't know.

   • Permission Lists Only: You may use Mail Blaster only to send Emails to individuals and entities that either:
     • Possibility 1 - Consent Obtained
       • A. gave or give you written (including electronic) permission to send Emails to them, without subsequently withdrawing such permission and either:
         • Consent Given Recently gave you the permission within the prior 12 months; or
         • Consent Given More Than One Year Earlier you sent them a promotional email, which was not objected to, within the prior 12 months; or
     • Possibility 2 - Sold or Negotiated to Sell Product or Service
       • B. gave or give you their name and email address in connection with their purchase, or negotiations to purchase, a product or service from you, have not opted out from receiving your emails and either:
         • Recent Sale or Negotiation such sale or negotiations occurred within the previous 12 months; or
         • Sale or Negotiation Occurred More than One Year Earlier you sent them a promotional email, which was not objected to, within the prior 12 months.

         If you send Emails to a list, and you get an unusual amount of SPAM complaints (more than 1 out of 1,000), ISPs will begin blocking future emails from your company. They will also request (that's putting it mildly) that Mail Blaster shut down your account. So if you don't have proof that each recipient on your list has opted-in to receive your emails, or otherwise meets the above requirements, don't import them into Mail Blaster.

   • Requirements: You agree that you will use:
     • No purchased lists (no matter how expensive).
     • No rented lists (even if they "opted in").
     • No 3rd party lists whatsoever.

     You should only use Mail Blaster to send newsletters, updates, and promotions to people who specifically requested email from you, or otherwise meet the requirements of 9(b) above.

   • Prohibited Content and Industries

     Don't use Mail Blaster to send anything offensive, to promote anything illegal, or to harass anyone. You may not send:

     • Pornography or other sexually explicit Emails
     • Emails offering to sell illegal substances
     • Emails that violate the CAN-SPAM Law

     Also, there are some industries that send certain types of content that result in higher than normal bounce rates and abuse complaints, which in turn jeopardize the deliverability of our entire system. No offense intended, but because we must ensure the highest delivery rates possible for all our customers, we do not allow businesses that offer these types of services, products, or content:

     • Illegal goods or services
     • Escort and dating services
     • Pharmaceutical products
     • Work from home, Internet Lead-gen, Make money on online opportunities, etc.
     • Online trading, day trading tips, or stock market related content
     • Gambling services, products or gambling education
     • Multi-level marketing
     • Affiliate marketers
     • Credit repair, get-out-of-debt content
     • Mortgages and/or Loans
     • Nutritional Supplements, Herbal Supplements or Vitamin Supplements
     • Pornography or nudity in content
     • Adult novelty items or references in content
     • List brokers or List rental services
     • Marketing or sending commercial email without proper permission
   • Who Can Use Mail Blaster

     If you do not meet these eligibility requirements, you may not use the Mail Blaster service:

     1. You must be at least 18 years of age, and be able to form legally binding contracts under applicable law.
     2. You must complete the registration process and agree to the terms of this Agreement. All contact information you submit must be true, complete, and up to date.
     3. Mail Blaster does reserve the right to refuse service or to terminate accounts for any user, and to change eligibility requirements at any time, in its sole discretion.
   • Bandwidth Abuse: Image hosting, API, Tracking

     You may not use our bandwidth for anything other than your Mail Blaster email marketing. In this regard, you agree to the following:

     • Unlike some other email marketing services, we provide image hosting for your email campaigns totally free. This doesn't mean you can host images on our servers for other uses, like your website. If we detect that you're using our hosting services for anything other than your email campaigns, we have the right to delete the image. Depending on your intent, we may even replace the image with something you don't want to see.
     • Not to build a campaign in Mail Blaster, then send it using some other delivery tool. Yeah, we can see when that happens. If you do that we may, and reserve the right to, shut your account down, replace all images in your campaign, and redirect all hyperlinks to point somewhere else. You may not like the replacement images.
     • If you integrate with Mail Blaster using our API, you must use efficient programming, which will not cause too many requests to be made in too short a period. We reserve the right to throttle your API connections, or suspend or terminate your Mail Blaster account.
   • Fees, Refunds, Account Suspensions, Etc.

     You agree:

     1. Mail Blaster reserves the right to change our fees at any time by posting a new fee structure to our Website and/or sending you a notification of the change by email.
     2. If a user violates any of the terms of this Agreement, we reserve the right to cancel accounts, or bar access to accounts, without refund.
     3. If, for some reason, we are unable to process your credit card order, we will attempt to contact you by email and we will suspend usage of your account until your payment can be processed.
     4. You agree to pay for all emails you send from your account, even if messages are blocked by any third party (we have no control over your recipients' email servers, ISP availability, personal spam filter settings, etc)
   • Avoiding Spam Related Problems

     As an email marketing service provider, we feel it's our duty to be extra vigilant about preventing spam related abuses. It's not just bad for the Internet community in general—if illegal and/or abusive spam gets sent from our system, we'd get blocked by all major ISPs, which would make our system useless for the thousands of users who depend on us.

10. No Warranties : to the maximum extent permitted by law, the material on this website and the services (including all content, software, functions, services, materials and information made available herein or accessed by means hereof) are provided as is, without warranties of any kind, either express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose.
11. Limitation of Liability : to the maximum extent permitted by law, you assume full responsibility and risk of loss resulting from your use of the website and the services including any downloads from the website. under no circumstances shall we or any of our employees or representatives be liable for any indirect, punitive, special or consequential damages even if we or any of our employees or representatives have been advised of the possibility of such damages. our total liability in any event is limited to the amount, if any, actually paid by you for use of the website and the services for the one month period ending on the date a claim is made and you hereby release us and our employees and representatives from any and all obligations, liabilities and claims in excess of this limitation.
12. Indemnity : You agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses (including, but not limited to, attorney fees) resulting from any claims not permitted under this Agreement due to a "Limitation of Liability" or other provision, that you assert, or may assert, based on or relating to your use, or the use of any individual using your password, of this Website or the Services. You further agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses resulting from claims of third parties, including, but not limited to, attorney fees, that result in whole or in part from allegations of conduct by you that, if true, would constitute a violation by you, or any individual using your password, of any of the terms of this Agreement.
13. Liquidated Damages : The parties agree that we may recover liquidated damages, in lieu of any other damages that may have been recoverable, for certain types of breaches of these Terms of Use, which we refer to as "Abusive Conduct." Liquidated damages are being made available for specified situations in which proving the actual damages would likely be impossible. The liquidated damages are being set at a reasonable pre-estimate of the damages that would be incurred as a result of the particular type of breach.
14. Attorney Fees : In the event we file an action against you claiming you breached this Agreement and seeking to recover liquidated damage and/or other relief, and we prevail, we shall be entitled to recover reasonable attorney's fees in addition to any damages or other relief which we may be awarded.
15. Disclaimers : We disclaim and are not responsible for the behavior of any advertisers, linked websites or other users.
16. Assignments : You may not assign any of your rights hereunder. We may assign all rights to any other individual or entity at our discretion.
17. Compliance With Law : In using the Services, you agree that you will comply with all applicable laws.