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 The Lone Programmer 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 The Lone Programmer 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 The Lone Programmer. 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 The Lone Programmer.
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 The Lone Programmer 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. The Lone Programmermakes 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 The Lone Programmer recommends, but does not guarantee, the use of HTML editors that generate HTML that adheres to W3C standards.
3. ANTI-SPAM POLICY
By using Email Marketing, you acknowledge and agree to not use the Services for spam, and you agree to comply with the provisions of the CAN-SPAM Act. 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 that we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email activity. Accounts, products, or services terminated or cancelled in connection to spam or other unsolicited bulk email activity are ineligible for any refunds whatsoever.
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 given you 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, do not include them in any 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.
4. 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 The Lone Programmer 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 The Lone Programmer'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 The Lone Programmer users. In order to maintain the highest possible delivery rates for all our users, The Lone Programmer 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. The Lone Programmer 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 The Lone Programmer's sole discretion) as inactive, The Lone Programmer 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 The Lone Programmer DATABASE.