This Agreement ("Agreement") contains the complete terms
and conditions that apply to your use of the Expedite Email Marketing
Services (the "Services"). As used in this Agreement,
"Expedite Email Marketing", "we", "us",
or "our" refers to Expedite Media Group Inc. and "you"
or "your" refers to the person who creates one or more
email mailing lists ("Lists") and corresponding accounts
using the Services, and performs the administrative functions
of the Lists. The Services are offered to you conditioned on your
acceptance without modification of this Agreement. Your use of
the Services constitutes your acceptance to this Agreement.
Modifications of Terms and Conditions
We may modify any of the terms and conditions contained in this
Agreement, at any time and in our sole discretion, by posting
a change notice or a new agreement on our Website located at expedite-email-marketing.com
or any such successor Website. You are responsible for regularly
reviewing these terms and conditions. Continued use of the Services
after any modification shall constitute your consent to such modification.
We do not and will not assume any obligation to notify you of
any modification to the Agreement. If any modification is unacceptable
to you, your only recourse is to terminate this Agreement.
Limitations On Use
You agree that you have the full authority and right to enter
into this Agreement and that you are at least 18 years of age.
You also agree that you will not use the Services to transmit,
disseminate or upload:
• Unlawful, harassing, libelous, tortuous, abusive, threatening,
or obscene communications of any kind.
• Materials that infringe or violate any third party's copyright,
trademark, trade secret, privacy or other proprietary or property right, or
that could
constitute a criminal offense, give rise to civil liability or otherwise violate any applicable
law or regulation.
• Objectionable materials, including without limitation,
content that contains blatant bigotry, racism, or hatred, or that promotes illegal
activities
or physical harm against anyone.
• Spam, chain letters, junk mail or any other type of unsolicited
mass e-mail to people or entities who have not agreed to be part
of such mailings.
• Viruses or other harmful, disruptive or destructive files.
• Content containing nudity or pornographic material of
any kind to people under age 18, or to anyone on lists that are not limited to
people age 18 or
older.
You further agree: (a) that you will not disrupt or interfere
with another user's use or enjoyment of the Services; (b) that
you will not use or attempt to use another person's or entity's
account, service or system without authorization from the owner,
nor will you disrupt or interfere with the security of, or otherwise
abuse, the Services, system resources or accounts, or any servers
or networks connected to the Services; (c) that you will not attempt
to obtain unauthorized access to Services, or to private lists
on the Services; (d) that you are solely responsible for your
actions in relation to Services, and for any communications transmitted
under your account; (e) that you will not forge header or address
information or otherwise impersonate another or create a false
identity; (f) that you will not systematically extract, collect
or harvest, through electronic means or otherwise, any data or
data fields, including without limitation, lists, list owner identities,
or email addresses, from our Webs ite; (g) that you will not disrupt
the normal operations of the Services or cause any substantial
change in the usual content or frequency of emails sent using
the Services; (j) that you will comply with all laws relating
to the transmission of technical data or software exported from
the United States; and, (k) that you will comply with all applicable
local, state, national and international laws and regulations,
including without limitation those related to privacy and data
collection. You agree that we may in our sole discretion remove
any material that appears to violate any of the foregoing, and
may immediately limit or terminate your account or access if it
appears you have violated any of the provisions as described herein.
Fees and Payment Terms
You hereby authorize us to charge your
credit card in advance for the applicable email campaigns you
sent incurred by you or on your behalf in connection with your
use of the Services during the term of this Agreement. Such base
price will be automatically charged to your credit card until
this Agreement is terminated and your account canceled, regardless
of List or account activity.
Term of the Agreement
The term of this Agreement will begin upon your first use of the
Services and will end when terminated by either you or us as described
herein. We may terminate this Agreement at any time, with or without
cause, and with or without notice. In the event that you would
like to terminate this Agreement, you will need to send such notice
of termination via email to info@expedite-email-marketing.com.
Your termination of the Agreement will be effective upon the last
day of the month in which we received such notification.
Expedite Email Marketing Communication
We shall have the right to communicate with you via email, receipt
of which by you is considered by Expedite Email Marketing.com
essential to our provision of service. You may unsubscribe from
such communication at any time.
Disclosure of Information
We will not disclose personally identifiable information about
you or your private communications (i.e., content transmitted
on private, non-public lists) to third parties, without your permission,
unless we believe such disclosure is reasonably necessary to:
(1) comply with the law or legal process; (2) protect or defend
our rights or property or that of others; (3) enforce this Agreement;
(4) respond to claims that the contents of any communications
violate the rights of others; or (5) as otherwise provided in
the Agreement. From time to time, we will disclose aggregate user
demographic data to third parties. We may access your Lists and
related communications for technical processing and to address
technical problems or service complaints.
Proprietary Rights
We will not sell, trade, rent, lend or give email addresses that
you supply us to anyone else for any purpose, nor will we use
the addresses you supply us for any purpose other than supplying
the Services to you. It is understood that it is possible that
some of the addresses you supply us may already be on lists that
we own and that we have the right to mail to such addresses.
We do not claim ownership of the materials you provide to us for
purposes of using the Services and which were created by you or
on your behalf. By transmitting such materials for distribution
to your Lists, you grant us a worldwide, royalty-free, and non-exclusive
license to reproduce, modify, adapt and publish such materials
solely for the purposes of providing the Services to you.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES
IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, WE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WE DO NOT MAKE ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS,
OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO
WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF
ANY INFORMATION OBTAINED THROUGH USE OF THE SERVICES. YOU UNDERSTAND
AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THA T RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE
SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitations of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE,
SHALL EXPEDITE EMAIL MARKETING OR ITS PARENTS, SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES
OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF
OR THROUGH THE SERVICES, OR RESULTING FROM UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION
THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER
INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE
TO DELIVER, HOLD OR STORE EMAIL TRANSMITTED THROUGH THE SERVICES.
IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR EXCLUSIVE REMEDY
IS TO DISCONTINUE USE OF THE SERVICES. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO
YOU. Without limiting any of the foregoing, we are not responsible
for any of your materials and data residing on our network hardware.
You are responsible for backing-up your materials and data that
may reside on our network hardware, whether or not such materials
and data are produced through the use of the Services. It is your
responsibility to take the necessary steps to ensure your primary
means of business is maintained. In no event will we be liable
to you for more than the actual dollar amount that you paid for
the use of the Services during the term of this Agreement.
Indemnification
You agree to indemnify, defend and hold harmless Expedite Email
Marketing, its parents, subsidiaries, affiliates, officers, directors,
employees, agents, and suppliers, and their respective affiliates,
officers, directors, employees, and agents, from any claim, action,
demand, or damage, including reasonable attorney's fees, made
by any third party arising out of or related to your use of the
Services or your violation of this Agreement, including without
limitation the infringement by you or any other user of your account,
of any intellectual property or other right of any person or entity.
We may, at our sole discretion, assume the exclusive defense and
control of any matter subject to indemnification by you. The assumption
of such defense or control by us, however, shall not excuse any
of your indemnity obligations.
General
This Agreement shall be governed by and construed in accordance
with the laws of the State of Illinois, without giving effect
to its conflict of laws provisions. You agree that you will bring
any claim or cause of action arising out of your use of the Services
or this Agreement in the courts located within the county of Du
Page, Lisle's or the Northern District of IL and you also agree
to submit to the personal and exclusive jurisdiction of those
courts. You agree that any claim or cause of action arising out
of your use of the Services or this Agreement must be filed within
two weeks after such claim or cause of action arose or it shall
be forever barred, notwithstanding any statute of limitations
or other law to the contrary. If any provision contained in this
Agreement is determined unenforceable, then such provision will
be severed and replaced with a new provision that most closely
reflects the intent of the original provision, and the remaining
provisions of this Agreement will remain in full for ce and effect.
No waiver of any provision of this Agreement shall be effective
except pursuant to a written instrument signed by us waiving compliance,
and any such waiver shall be effective only in the specific instance
and for the specific purpose stated in such writing. You agree
that no joint venture, partnership, employment, or agency relationship
exists between you and us as a result of this Agreement or your
use of the Services. You shall not assign this Agreement or any
right, interest or benefit under this Agreement without our prior
written consent. This Agreement sets forth the entire agreement
between you and us, and supersedes any and all prior communications
and proposals, whether electronic, oral or written, between you
and us with respect to the Services. A printed version of this
Agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon
or relating to this Agreement to the same extent and subject to
the same conditions as other business documents and records originally
generated and maintained in printed form.
