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EmailServing TOS and Privacy Policy

Emailserving, Yesup Ecommerce Solutions Inc. Website and Products Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE AND TO THE PRODUCTS. BY USING THIS WEB SITE OR THE PRODUCTS, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN DO NOT USE THIS WEB SITE OR THE PRODUCTS.

This Agreement shall govern participation in the Emailserving, Yesup Ecommerce Solutions Inc. program. By participating in the Program, you will be deemed to have agreed to these Terms and Conditions. The Email Marketing Product, and any related offerings are referred to in these Terms and Conditions of Use as the "Products". The term 'Advertiser' shall refer to any individual or entity who accepts the terms and conditions of this Agreement by submitting the Program registration. The Program is offered to you by Emailserving, Yesup Ecommerce Solutions Inc.

ANTI SPAM POLICY

It is the Company's intent to ensure that our system remains clean and is not an avenue for SPAM.

Advertisers who are accepted for the service have already read and understood all rules to have agreed to remain compliant with Canadian protocols regarding SPAM for the purpose of email marketing campaigns. The Company assumes no responsibility in any shape, form, or relationship with the advertiser who breaches Canadian protocol regarding SPAM.

Advertiser is held entirely accountable for any breach of this Agreement.

The Company may reject any advertiser, at any time, for any reason and retains the sole discretion to do so.

An Advertiser shall not abuse the Company's Emailserving platform. This includes, but is not limited to:

Advertisers acknowledge and agree that:

Advertisers are entirely responsible for ensuring that email lists used for the purposes of email marketing campaigns with the Company have been cleaned and properly categorized before being uploaded into the system.

It is the Company's sole discretion to close an Advertiser's account with refund if they are found to have more than the acceptable amount of email bounce backs.

Prohibited Content

The following are some examples (including but not limited to) of the type of sites that are not allowed to participate in our network:

It is the advertiser's sole responsibility to maintain acceptable content, as outlined in the eligibility requirements, after their acceptance to the Emailserving, Yesup Ecommerce Solutions Inc. Network. Any violation of these rules will result in immediate removal from the program. Advertiser account will be cancelled and is not subjected to refund.

Fees, Refunds and Account Suspensions

Advertisers agree to submit pre-payment into a registered Emailserving account. Accounts will be charged on a monthly or pay per email basis for services rendered. Accounts are not subject to refund for unused email credits.

Prices are subject to change without any notification.

It is the sole discretion of the company to suspend an account at any time without reason.

Accounts will be reverted into suspension if payments can not be processed.

Advertisers are entirely liable to submit payment for services rendered, including but not limited to the event that an email goes undelivered due them being blocked by any third party.

If an account is passed over to a collection agency for collection of outstanding payment, Advertiser is responsible for any and all additional charges attributed during collection.

Double Opt-in Subscribers

Please note that users are limited to 1000 double opt-in subscribers / day for sending unlimited emails.

Limitation of Liability

Neither Emailserving, Yesup Ecommerce Solutions Inc. nor its employees will be subject to any liability whatsoever for any failures to provide reference or access to all or any part of the Website due to systems failures or other technological failures of Emailserving, Yesup Ecommerce Solutions Inc. or of the Internet; Delays in delivery and/or non-delivery of advertisement, including, without limitation, difficulties with a Customer or advertisement, difficulties with a third-party server, or electronic malfunction; Errors in content or omissions in any advertisement.

IN NO EVENT SHALL COMPANY BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT AND ITS SUBJECT MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY FOR DAMAGES EXCEED $250.00 IN THE AGGREGATE, WHICH THE PARTIES AGREES IS A REASONABLE LIMITATION AND A BASIS OF THE BARGAIN.

Indemnity

Customer agrees to indemnify, defend and hold harmless Company and its members, directors, officers, employees, agents, consultants and distributors (each, 'Indemnified Party') from and against all claims, actions, liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees), that may at any time be incurred by an Indemnified Party arising out of or relating to (i) any allegation that any Advertisement infringes a third person's copyright, trademark or service mark, name, trade name or misappropriates a third person's trade secret, name, likeness or identity; (ii) any negligence or willful misconduct of Customer, its agents, employees and representatives, (iii) any allegation that the Advertisements is or causes any violation, false designation of origin, or constitutes false advertising or unfair competition under the law of any jurisdiction; or (iv) any sale or use of Customer's goods or services to a third person from or relating to the Site or Advertisements.

Disclaimer

THE SERVICES AND SITE ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PROVISION AND/OR USE OF THE SERVICES OR SITE ARE AT CUSTOMER'S SOLE RISK. COMPANY DOES NOT WARRANT THAT THE SERVICES OR SITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE PERFORMANCE OR ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES OR SITE. COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT.

Modifications:

We reserve the right to change any of these terms and conditions at any time without notice. Advertiser is responsible for complying with any changes to the terms and conditions within 10 days of the date of change.

Privacy Policy

The Company has agreed to notify you of:

Information Collection and Use

The Company is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. The Company collects information from our users at several different points on our website.

Information You Upload into Emailserving:

The Company offers self-service direct marketing solutions for small and mid-size businesses. All client data uploaded into our system is stored in a personalized and secure location. The Company will not sell, disclose or rent any client data loaded into our system and only the registered account holder can gain access to the uploaded lists.

Cookies

A cookie is a piece of data stored on the user's hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our general website. Once the user closes their browser, the cookie simply terminates. We use session-based cookies to determine general effectiveness of marketing campaigns. In such cases, we increment an aggregate number indicating success for that marketing campaign, but do not tie it to any of your personally identifiable information. If a user rejects the cookie, they may still use our entire site.

Log Files

We use IP addresses to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Sharing

We will share aggregated demographic information with 3rd parties in the case they would like to know aggregate demographics of our audience. This is not linked to any personal information that can identify any individual person. We do not share personally identifiable information with 3rd parties.

Links

This web site contains links to other sites. Please be aware that we the Company are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by verticalresponse.com.

Security

This website takes every precaution to protect our users' information. When users submit sensitive information via the website, your information is protected both online and off-line.

This security is enhanced by our use of firewalls protecting all of the Company servers. We also do everything in our power to protect user-information off-line. All of our users' information is restricted in our offices. Only employees who need the information to perform a specific job (for example, our customer service representative) are granted access to personally identifiable information. Our employees must use password-protected screen-savers when they leave their desk. When they return, they must re-enter their password to re-gain access to your information.

Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Every month, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers' information is protected.

Finally, the physical servers that we store personally identifiable information on are kept in a secure collocation facility, within locked cages that only The Company network administrators have access to. This facility provides security 24 hours a day, 365 days a year and guaranties our servers against power outages by using automated backup power systems.

Special Offers

We send all new members a verification email to verify password and username. Established members who have chosen to receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see our choice and opt-out below.

Administrative Type Email Communications

You will receive administrative emails that are related to the primary usage of our service. You may not opt-out of administrative emails. These administrative emails will not have any marketing, promotional or advertising material(s) in them.

Correction/Updating Personal Information

If a user's personally identifiable information changes (such as your zip code), or if a user no longer desires our service, we will endeavor to provide a way to correct, update that user's personal data provided to us. If you would like your account deactivated please state this in your communications and we will do this.

Legal Disclaimer

Though we make every effort to preserve your privacy we may need to disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or comply with a legal process served on our Web site.

Minimum Age Requirements:

No person under the age of 18 is allowed to participate in our program unless written permission from a parent or legal guardian, notarized, signed and dated, is faxed to 1.212.658.9138

Case of dispute:

Affiliates agree to settle any/all dispute(s) under this agreement via binding arbitration in Toronto, Ontario, Canada.