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Terms of Service
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: - Sending spam - Offensive and defamatory advertisements - Violating our Terms of Service - Using our bandwidth and resources inappropriately Advertisers acknowledge and agree that: - The Products may not be used for the sending of unsolicited email (sometimes called "spam"). - The Products may only be used for lawful purposes. - Advertiser will be charged on a monthly or pay per email basis. - You agree you will not access or otherwise use third party mailing lists or otherwise prepare or distribute unsolicited email, in connection with the Products. - You agree to import, access or otherwise use only lists for which all listed parties have consented to receive correspondence from you ("Permission Based Lists") in connection with your use of the Products. You hereby covenant that you shall not use any other lists in connection with your use of the Products. - You acknowledge and agree that not all email messages sent through use of the Products will be received by their intended recipients. - Every email message sent by you in connection with the Products must contain the EmailServing "unsubscribe" link that allows the recipients to remove themselves from your mailing list. - You will comply with the restrictions on content of email messages and activities using the Products as set forth or referenced in this Agreement. - You acknowledge and agree that you are the sole or designated "sender" (as such term is defined in the USA CAN-SPAM Act of 2003 and any rules adopted under such act) of any email message sent by you using the Products. - You agree that the "from" line of any email message sent by you using the Products will accurately and in a non-deceptive manner identify your organization, your product or your service. - You agree that the "subject" line of any email message sent by you using the Products will not contain any deceptive or misleading content regarding the overall subject matter of the email message. - You agree to include in any email message sent by you using the Products your valid physical address. - You agree that in any email message sent by you using the Products you will not include any incentives (e.g., coupons, discounts, awards) that encourage a recipient to forward the email message to another recipient. - You will adopt and maintain the Privacy Policy, which may be modified by EmailServing from time to time. - If you are accessing or using the Products through a third party service or web site ("Third Party Service"), you will abide by these Terms and Conditions of Use regardless of anything to the contrary in your agreement with such third party. You shall not use such Third Party Service to avoid the restrictions set forth in these Terms and Conditions of Use. 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: - Sites displaying child pornography or sites that contain links to such content - Libelous or defamatory sites - Sites containing or linking to software piracy - Software trading (warez) sites - Sites containing or linking to any forms of illegal activity (i.e., how to build a bomb, hacking, 'phreaking', etc.) - Sites with gratuitous displays of violence, obscene or vulgar language, and abusive content or content which endorses or threatens physical harm - Sites promoting any types of hate-mongering (i.e., racial, political, ethnic, religious, gender-based, sexuality-based or personal, etc.) - Sites that participate in or transmit inappropriate newsgroup postings or unsolicited e-mail (spam) - Sites promoting any types of illegal substance or paraphernalia or activity sites with illegal, false or deceptive investment advice and money-making opportunities - Sites that are under construction or incomplete - Sites that provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers, DJ/nightclub, event/club promotions/party lists, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing and college and pro sporting events. - Sites with any types of content reasonable public consensus deems to be improper or inappropriate 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. 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: - What personally identifiable information of yours or third party personal identification is collected from you through the web site - The organization collecting the information - How the information is used - With whom the information may be shared - What choices are available to you regarding collection, use and distribution of the information - The kind of security procedures that are in place to protect the loss, misuse or alteration of information under The Company's control - How you can correct any inaccuracies in the information 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.

I have read and agree to the Term of Service above.