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Subscription Terms of Use
Email Fleet and its subsidiaries and affiliated companies, including BizActions LLC and BizConference (hereinafter known as "Email Fleet") maintain this site (the "Site") to provide to you with a variety of personalized marketing, educational and communications services combined with online convenience. Please feel free to browse the Site. Your access to and use of the Site and Subscription Services as hereinafter defined is subject to these Subscription Terms of Use and all applicable laws. By accessing and browsing the Site and/or utilizing the Subscription Service, you accept, without limitation or qualification, these Subscription Terms of Use, as modified from time to time. You may review the most current version of the Subscription Terms of Use at any time at http://emailfleet.com/. Any new features that augment or enhance any current Subscription Service shall be subject to the Subscription Terms of Use. If we do change or revise, we will provide notification of the change at least thirty business days before the change takes effect and will include directions for how you can respond to the revisions and or change.
Terms and Conditions
1. Services
As a visitor to the Site, feel free to browse through the various pages of information describing our web-enabled marketing materials, reminder and notice services, (the "Subscription Services"). However you cannot use any portion of the Site until you register as a user and subscribe. All material available on the Site, as well as that distributed to you or others pursuant to your direction is collectively referred to as "Licensed Content." Based upon the type of subscription you select, you may view portions of the Licensed Content, identify others to whom you wish Licensed Content to be distributed, and/or customize notices or messages relating to you for distribution to others.
2. Payment Terms
You agree to pay all applicable charges, fees, and taxes (collectively, "Service Fees") in full when due. The timing of the assessment of Service Fees will be determined in the sole discretion of Email Fleet.
If Email Fleet has agreed to charge your credit card or debit card for payment of the Service Fees, you authorize Email Fleet to charge your credit card or debit card for all Service Fees. You agree to provide to Email Fleet updated credit card and debit card information on a timely basis prior to expiration or termination of the credit card or debit card on file with Email Fleet or in the event your credit card limit or debit card balance is or will be insufficient to cover payment.
3. Registration Obligations/Password and Account Security
You will receive a password and account designation upon completing the registration process in order to access the non-public portions of the Site. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Email Fleet of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Email Fleet is not liable to you or any third party for any loss or damage arising from any failure to comply with these provisions.
Your Email Fleet account information and profile are unique to you and password protected so that, other than Email Fleet personnel who need to know, only you have access to this information. For security purposes, online orders, including name, address and credit card information, are encrypted with SSL or Secure Socket Layer technology. Email Fleet recommends that you choose a browser with strong encryption capabilities. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure and no security system is impenetrable. As a result, while Email Fleet strives to protect your personal information in accordance with its privacy policies. Email Fleet cannot completely ensure or warrant the security of any information you transmit to or from our online products or services and your submission of all information at your own risk. Email Fleet recommends that you do not divulge your password to anyone. Remember to sign out of your Emai Fleet account and close your browser window when you have finished to ensure that others cannot access your information. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number stored on the Subscription Service), you must promptly change your password and notify Email Fleet of the problem to avoid possible liability for any unauthorized charges to your account.
In consideration of your use of the Subscription Service, you further agree to: (c) provide true, accurate, current and complete information as prompted by the Subscription Service registration form (such information being the "Registration Data") and (d) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the information becomes suspect, Email Fleet may suspend or terminate your account and refuse any and all current or future use of the Subscription Service or any portion thereof. In addition, in the event you provide Registration Data, resale certificate, tax or other information that is untrue, inaccurate, fraudulent, or is not current, you agree to indemnify Email Fleet for and hold Email Fleet harmless from and against any and all liability, direct damages, loss or expense (including reasonable fees of attorneys and other professionals) it may incur, including but not limited to taxes, penalties or sanctions, interest, fees, costs and expenses of any nature arising from or related to any claim, demand, action or proceeding alleged or initiated against Email Fleet by any third party based upon the information you provide or your use of the Subscription Service.
4. Privacy
The Privacy Policy published on the Email Fleet web site is hereby incorporated as part of these Terms of Use.
5. Subscriber Conduct
You understand that all information, data, messages or other materials transmitted are the sole responsibility of the person from whom such material originated. This means that you and not Email Fleet are entirely responsible for all uploads and/or emails transmitted via the Subscription Service. Under no circumstances will Email Fleet be liable in any way for use of any Licensed Content by you or your clients, including but not limited to any errors or omissions in any Licensed Content or for any loss or damage of any kind incurred as a result of the use of any Licensed Content emailed or otherwise transmitted via the Subscription Service.
You agree to not use the Subscription Service to:
(a) Post, email or otherwise transmit or disseminate anything that is unlawful, or encourages conduct that would be unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable or gives rise to civil liability;
(b) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) Forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the Subscription Service;
(d) Email or otherwise transmit anything that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) Email or otherwise transmit anything that infringes any patent, trademark, trade secret, copyright or other proprietary right (collectively "Rights") of any party;
(f) Email or otherwise transmit any unsolicited or unauthorized advertising or promotional materials;
(g) Email or otherwise transmit any material containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or generating levels of traffic sufficient to impede the ability of others to send or receive information or use the Subscription Service;
(h) Restrict, inhibit or otherwise interfere with or disrupt the Subscription Service, equipment servers or networks connected to the Subscription Service, anyone's use or enjoyment of the Subscription Service or disobey any requirements, procedures, policies or regulations of networks connected to the Subscription Service;
(i) Intentionally or unintentionally violate any applicable local, state, national or international law, rule, order or regulations;
(j) Resell the Licensed Content or the Subscription Service or otherwise charge others to use the Subscription Service or Licensed Content in whole or in part, directly or indirectly, bundled or unbundled.
6. Multiple Users
You acknowledge that you are executing this Agreement for yourself and on behalf of all persons or entities who may use or benefit from the Subscription Service and are therefore liable for their use in addition to your own. You shall have sole responsibility for ensuring that such other users, including your clients or other third parties to whom you authorize dissemination of the Licensed Content, understand and comply with the terms and conditions of these Subscription Terms of Use.
7. Indemnity
By accessing and using the Subscription Service, you agree to indemnify and hold Email Fleet, its subsidiaries, affiliates, officers, suppliers, co-branders, service providers or other partners, agents and employees, harmless from any claim or demand, expense, cost or fee, including reasonable attorneys' fees, made by any third party, including but not limited to your clients, due to any of the activities delineated in the Subscriber Conduct Section above, anything you or your clients submit or transmit through the Subscription Service, your use of the Subscription Service and that of your clients, your connection to the Subscription Service, any violation by you or your clients of the Subscription Terms of Use, or your violation of any Rights and any violation by your clients.
8. Modifications to Subscription Service
Email Fleet reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Subscription Service (or any part thereof) with or without notice. You agree that Email Fleet shall not be liable to you or your clients or to any third party for any modification, suspension or discontinuance of the Subscription Service, subject to refund of any prepaid fees.
9. Termination
Email Fleet may terminate these Subscription Service Terms of Use and the Subscription Service at any time without notice if you fail to comply in full with any term of these Subscription Terms of Use or for any other reason upon thirty (30) days notice to you. There are no refunds for prepaid sums in the event you terminate prior to the expiration of your designated Subscription term. Upon cancellation, you will still be obligated to pay any charges incurred and all balances due on any account. You agree that Email Fleet, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Subscription Service, and remove and discard any materials created or transmitted by you through the Subscription Service, for any reason, including, without limitation, for lack of use, or if Email Fleet believes that you have violated or acted inconsistently with the letter or spirit of the Subscription Terms of Use. Email Fleet may also in its sole discretion and at any time discontinue providing the Subscription Service, or any part thereof, with or without notice and without liability, subject to refund of any prepaid subscription fees less any amounts due to Email Fleet. You agree that any termination of your access to the Subscription Service under any provision of the Subscription Terms of Use may be effected without prior notice, and acknowledge and agree that Email Fleet may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Subscription Service. Further, you agree that Email Fleet shall not be liable to you, your clients or any other third party for termination of any access to the Subscription Service. Nothing contained in this Agreement shall be construed to limit Email Fleet's rights and remedies available at law or in equity. Upon termination, Email Fleet agrees to remove your employees and clients from our system.
10. Dealings with Advertisers/Links
Your correspondence or business dealings with, or participation in promotions of sponsors, partners or advertisers found on or through the Subscription Service, if any, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Email Fleet shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site or through the Subscription Service. Email Fleet may permit, or third parties may provide, links to their WorldWide web sites or resources. Email Fleet has no control over such sites and resources, sponsors, promoters or advertisers. You acknowledge and agree that Email Fleet is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any advertising products or other materials on or available from such sites or resources. You further acknowledge and agree that Email Fleet shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such goods, services or materials available on or through any site or resource.
11. Email Fleet Trademark Information/ Proprietary Rights
Email Fleet logos and product and service names are proprietary trademarks of Email Fleet, its subsidiaries and affiliates (the "Marks"). In addition, Email Fleet licenses from third parties the rights to use their marks on its products ("Third Party Marks"). You agree not to display or use either the Marks or the Third Party Marks in any manner. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted, and may not be used except as provided in these Subscription Terms and Conditions without the written permission of BizActions. You further acknowledge and agree that material contained in sponsor advertisements or information presented to you through the Subscription Service or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You acknowledge and agree that the Subscription Service and any necessary software used in connection with the Subscription Service ("Software"), all images, templates and other information and material found on the Site and all intellectual property relating thereto (all of which are included in the "Licensed Content"), is owned by either Email Fleet or third parties and contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to compliance with these Subscription Terms and Conditions. Email Fleet grants to you a nonexclusive, non-transferable, non-sublicenseable license to use the Site, Subscription Service, and Software as follows:
(a) To access the Licensed Content and Software from the Site solely for your internal business operations. You may not relicense, rent or lease the Software or use the Software for third-party training, commercial time-sharing or service bureau use or processing data of any other entity;
(b) If you have been granted demonstration rights, then you are permitted, through a designated number of approved users, to demonstrate a limited version of the Software from the appropriate section of the Site for the limited purposes designated in the grant of the demonstration license.
(c) To use Email Fleet online user guides or manuals, if any, for use of and provided with the Software (the "Documentation") solely in support of your authorized use of the Software;
(d) You may not sell, distribute, transfer, modify, copy, transmit, create derivative works, modify or publish the Licensed Content or new works based upon the Licensed Content ("Derivative Works"), with or without consideration, or use the Licensed Content or Derivative Works to compete with Email Fleet, create your own web site for use by you or your clients or others based on or containing the Licensed Content or Derivative Works that is accessible to third parties. These Subscription Terms of Use shall automatically terminate if you breach any provision of this license and such breach is not cured promptly upon notice of the breach. You agree not to cause or permit the reverse engineering, disassembly or decompilation of the Software. Email Fleet grants no rights other than those granted explicitly herein and hereby reserves and retains all title, copyright and other proprietary rights in the, Site, Subscription Service and Software, including all updates and modifications thereto. You do not acquire any rights, express or implied, in the Subscription Service, Software or Site other than those limited rights of access specified in these Subscription Terms of Use.
Except as expressly authorized by Email Fleet, you agree not to modify, rent, lease, loan, sell, distribute or create Derivative Works based on the Licensed Content, Subscription Service or on the Software, in whole or in part.
12. DISCLAIMERS AND LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SUBSCRIPTION SERVICE IS AT YOUR SOLE RISK. THE SUBSCRIPTION SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EMAIL FLEET ASSUMES NO RESPONSIBILITY FOR ANY FAILURE OF THE SUBSCRIPTION SERVICE INCLUDING BUT NOT LIMITED TO THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR DATA. EMAIL FLEET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
(b) EMAIL FLEET MAKES NO WARRANTY THAT (i) THE SUBSCRIPTION SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SUBSCRIPTION SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SUBSCRIPTION SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SUBSCRIPTION SERVICE WILL MEET YOUR EXPECTATIONS.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SUBSCRIPTION SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EMAIL FLEET OR THROUGH OR FROM THE SUBSCRIPTION SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE SUBSCRIPTION TERMS OF USE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EMAIL FLEET SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BIZACTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SUBSCRIPTION SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SUBSCRIPTION SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT BY YOU OR ANY THIRD PARTY ON THE SUBSCRIPTION SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SUBSCRIPTION SERVICE. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Notice
Notices to you may be made by means of electronic mail sent to your email address on file with Email Fleet or regular mail to your address on record in Email Fleet account information. The Subscription Service may also provide notices of changes to the Subscription Terms of Use or other matters by displaying notices or links to notices to you generally on the Subscription Service. Notice to Email Fleet should be mailed to:
Email Fleet
12900 Brushwood Terrace
Potomac, MD 20854
Attention: Customer Service
14. General Information
The Subscription Terms of Use constitute the entire agreement between you and Email Fleet and govern your use of the Subscription Service, superseding any prior agreements between you and Email Fleet. You also may be subject to additional terms and conditions contained in our invoices or purchase orders or terms and contracts that may apply when you use affiliate services, third party content or third party software. Email Fleet may freely assign its rights and obligations under this Agreement. The Subscription Terms of Use may not be transferred or assigned by your without the consent of Email Fleet. The Subscription Terms of Use and the relationship between you and Email Fleet shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Maryland. The failure of Email Fleet to exercise or enforce any right or provision of the Subscription Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Subscription Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Subscription Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Subscription Service or the Subscription Terms of Use must be filed within six (6) months after such claim or cause of action arose or be forever barred.
The section titles in the Subscription Terms of Use are for convenience only and have no legal or contractual effect.
15. Violations
Please report any violations of the Subscription Terms of Use to Customer Service. Please call 1-866-240-8477. This SLA was last updated on August 27, 2007.
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