PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING youR LEGAL RIGHTS AND REMEDIES.
This Email Marketing Service Agreement (this “Agreement”) is entered into by and between DomainSmart and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Email Marketing services (the “Services”), and represents the entire agreement between you and DomainSmart concerning the subject matter hereof.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with our Universal Terms of Service Agreement, which is incorporated herein by this reference, and any other agreements or policies that are expressly incorporated herein.
The terms “we”, “us” or “our” shall refer to DomainSmart. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement and any limitations to the Services as last revised. If you do not agree to be bound by this Agreement and any Service limitations as last revised, do not continue to use the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
Email Marketing services enable corporate web sites, small business web sites, community sites and individual sites to sign up web site visitors, collect and store visitor subscription information, and build and conduct email communications with their contacts.
The number of contacts in your account is metered by DomainSmart.
All subscription plan prices are subject to change at any time.
Monthly fees will be charged even if your account was not used to send emails.
It is understood that DomainSmart makes no guarantee that HTML messages will be rendered properly on all recipients' email programs, due to the wide variety of HTML generation tools available. DomainSmart makes every attempt to make sure that all email messages sent through our servers follow email standards, but we cannot guarantee that messages will look consistent across all email platforms. For example, if you use Microsoft Word to generate HTML email messages, it is expected that recipients of your message using a non-Microsoft email application may have difficulty reading your message. For best results DomainSmart recommends, but does not guarantee, the use of HTML editors that generate HTML that adheres to W3C standards.
3. ANTI-SPAM POLICY
You may not at any time utilize the Services for the sending of unsolicited email messages (sometimes called and hereinafter referred to as "spam"). All messages sent by means of your use of our Services shall be in compliance with the terms of this Agreement and shall only be used for lawful purposes in compliance with all other applicable U.S., state, local and international laws governing your business, operations and activities, which may include (1) the U.S.’ CAN-SPAM Act of 2003 (“CAN-SPAM”), (2) Canada's Anti-Spam Legislation (“CASL”), or (3) any other jurisdictions policies and laws related to unsolicited emails, spamming, privacy, obscenity, or defamation, copyright and trademark infringement, child protective email address registry laws, laws relating to advertising, sales or promotional efforts or practices, redemption, refunds and provision of your products or services and laws that govern false, unfair and deceptive practices, etc. Click the links provided for more information on compliance with CAN-SPAM or CASL.
We have a zero-tolerance spam policy. Notwithstanding anything to the contrary in the Universal Terms of Service Agreement, you acknowledge and agree that we may immediately terminate or cancel any account, product, or service, including your use of the Services, that we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email activity. We reserve the right without notice to take all measures of any nature (whether legal, technical or otherwise) to prevent unsolicited bulk email and/or other unauthorized email, messages or campaigns from entering, utilizing or remaining within our network. Accounts, products, or services terminated or cancelled in connection to spam or other unsolicited bulk email activity are ineligible for any refund.
The content you include in any email must be accurate and you may only use the Services to send emails to customers and contacts who have expressly opted in or otherwise given you lawful permission to send emails to them. If you do not have written proof that each recipient on your contact list has expressly opted in or given you permission to send emails to them, they should not be included in any email marketing campaign. You must be able to provide opt-in verification for each contact for each email marketing campaign.
We prohibit the use of third-party, purchased, rented, or harvested mailing lists. you shall not send emails (i) to newsgroups, message boards, distribution lists, or unsolicited email addresses, or (ii) to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such emails from you or another party on whose behalf you may be commissioned. To the extent the Servcies include feaures that allow you to request a recipient to confirm that you have the recipient's permission to send messages to such recipient (assuming such use is permitted by laws applicable to you), and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send messages to that recipient.
4. USE OF PROPER MESSAGING CONTENT
You represent and warrant that the information you use in any email marketing campaign, including the header, subject line, and content, is not false, deceptive, or misleading. More specifically, you agree (1) to include a valid and correct physical address and other contact information required by applicable law (e.g., secondary contact, such as a phone number, as required under CASL), (2) to ensure to provide a valid, accurate and non-deceptive identification of your organization in the “from” and “reply to” address in every email as the sole person sending or causing to be sent the email using our Services and (3) to ensure the "subject" line of any message sent is not deceptive or misleading with respect to the subject matter of the email message itself.
Every commercial email message sent utilizing our Services should include an "unsubscribe" link that allows subscribers to remove themselves from your mailing list. you agree not to remove or disable this link in your use of our Services. You must comply and are responsible for honoring all opt-out requests within ten (10) business days of receipt and the opt-out method used must be able to process opt-out requests for a minimum of sixty (60) days after the email is sent. Generally speaking, you cannot 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 unsubscribe request.
5. PROHIBITED USE
You acknowledge and agree that you shall not use the Services to request, collect or send any non-public or personally identifiable information about another user or any other person without their express prior written consent (or the parent’s consent in the case of a minor), illegal information, or any other information you do not have the right to request, collect or distribute.
You may not use DomainSmart to send email campaigns that link to or display pornography, other sexually explicit content, illegal goods or services, pyramid schemes, chain letters, multi-level marketing campaigns, affiliate and network marketing materials, or any other content we deem inappropriate. You may not exploit DomainSmart's service agreement by systematically uploading, sending, deleting, then replacing contacts in order to send to more unique email addresses than you're permitted for your service level.
Unfortunately, some industries yield higher-than-normal abuse rates, which can negatively affect the deliverability for other DomainSmart users. In order to maintain the highest possible delivery rates for all our users, DomainSmart is unable to send on behalf of certain industries and senders. This includes, but is not limited to, the following:
- Pharmaceutical products
- Work from home, make money on online, and lead generation opportunities
- Online trading, day trading tips, or stock market-related content
- Gambling services, products, or tips
- Multi-level marketing (MLM)
- Affiliate marketing
- Credit repair and get out of debt opportunities
- Mortgage and loan content
- Nutritional, herbal, and vitamin supplements
- List brokers or list rental services
- Counterfeit or "knock off" products appearing to be another brand
It is the responsibility of the sender to ensure that their content falls within these guidelines. DomainSmart may monitor your account to ensure compliance with these terms and operation within the acceptable standards of the industry and of the email providers you are sending to.
If you do not log into your account for more than 120 days, the account will become inactive. When an account is classified (at DomainSmart's sole discretion) as inactive, DomainSmart will flag that account as inactive.
INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER SIGNUPS, MAY BE PERMANENTLY REMOVED FROM THE DomainSmart DATABASE.
7. INDEMNIFICATION AND LIMITATION OF LIABILITY
You expressly agree and acknowledge that, except as modified by this Agreement, your use of the Services is subject to the entirety of our Universal Terms of Service, and specifically those sections governing DomainSmart's Limitation of Liability and your obligations of Indemnification arising from or relating to your use of the Services.