EmailServing Terms of Services
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 Emailserving’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. Emailserving assumes no responsibility in any shape, form, or relationship with the advertiser who breaches Canadian protocol regarding SPAM. The Advertiser is held entirely accountable for any breach of this Agreement. Emailserving may reject any advertiser, at any time, for any reason and retains the sole discretion to do so. An Advertiser shall not abuse Emailserving’s Emailserving platform. This includes, but is not limited to:
A list of CAN-SPAM’s main requirements:
- 1. Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.
- 2. Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.
- 3. Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.
- 4. Inform recipients where you’re located. Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.
- 5. Inform recipients how to opt out of receiving future email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Organize the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Consider using different types of sizes, colors, and locations to improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these opt-out requests.
- 6. Reply to opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must act on a recipient’s opt-out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act.
- 7. Monitor what others are doing on your behalf. The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.
Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $16,000, so non-compliance can be costly. To prevent this from occurring, please refrain from the following.
- 1.Offensive and defamatory advertisements
- 2.Violating our Terms of Service
- 3.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 agreed to receive correspondence from you (“Permission Based Lists”) in connection with your use of the Products. You hereby formally agree 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 US 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.
- 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 completely responsible for ensuring that email lists used for the purposes of email marketing campaigns with Emailserving have been cleaned and properly organized by category before being uploaded into the system. It is Emailserving’s sole discretion to close an Advertiser’s account and refund them if they are found to have more than the acceptable amount of email bounce backs.
The following are some examples (including but not limited to) of the type of email content that are not allowed to participate in our network:
- Emails displaying child pornography or Emails that contain links to such content
- Libelous or defamatory emails
- Emails containing or linking to software piracy
- Software trading (warez) emails
- Emails containing or linking to any forms of illegal activity (i.e., how to build a bomb, hacking, ‘phreaking’, etc.)
- Emails with gratuitous displays of violence, obscene or vulgar language, and abusive content or content which endorses or threatens physical harm
- Emails promoting any types of hate-mongering (i.e., racial, political, ethnic, religious, gender-based, sexuality-based or personal, etc.)
- Emails that participate in or transmit inappropriate newsgroup postings or unsolicited e-mail (spam)
- Emails promoting any types of illegal substance or paraphernalia or activity Emails with illegal, false or deceptive investment advice and money-making opportunities
- Emails that are under construction or incomplete
- Emails that provides, sells or offers products, services or content for odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing and college and pro sporting events. (Applicable to US Advertisers only.)
- Emails with any types of content reasonable public consensus deem 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 cannot 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 to 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
Payment for the Products will be made in advance by a valid credit card/paypal accepted by us. Fees are payable in U.S. dollars only. If the monthly payment option is selected or if you have previously provided us with your credit card for payment, you hereby authorize us to charge your credit card for such amounts on a regular monthly basis and continuing until such time as your Emailserving account is terminated. If we are for any reason unable to effect automatic payment by credit card or Paypal, we will attempt to notify you by email and your Emailserving account may be disabled until payment is received.
You agree to be responsible for and to pay any sales, personal property, use, VAT, excise, withholding, or any other taxes that may be imposed, based on this Agreement, use or possession of the Site or the Products or your products or services (except for taxes based on net income payable by us).
Double Opt-in Subscribers
Please note that users are limited to 1000 double opt-in subscribers / day for sending unlimited emails.
You may cancel your account upon written notice. To cancel your account, please go to http://www.emailserving.com/contact-us/. To avoid your being charged for the next 30 day period, we must receive your cancellation notice at least 7 business days prior to the next billing date. Your account will not be considered cancelled until you have received our email confirmation from Emailserving.com that the account has been cancelled. If you have not received an email confirmation of account cancellation, you should call us at 416-499-8009.
Third Party Offers
Please be advised that by leasing your list to Emailserving Market Place, you and the members of your lists may receive our newsletter with regards to changes with Emailserving.com, News, Tips, and as well as promotional offers from our partners and associates. Your subscribed lists, imported lists, existing list as well as new compiled lists may also receive our newsletter regards to changes with Emailserving.com, News, Tips, and as well as promotional offers from our partners and associates. If you are using Emailserving.com’s services, you agree to allow members of your list to receive newsletters as well as offers from our partners and associates. You are welcome to unsubscribe to our newsletters/offers at anytime by using the unsubscribe button at the bottom of every email. If you do not agree to our terms, please discontinue your use of Emailserving.com’s services.
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 EMAILSERVING 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.
Customer agrees to indemnify, defend and hold harmless Emailserving 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.
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. EMAILSERVING 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.
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.
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.
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