Page 9—Email Module

Terms and Conditions for Participants Using the “Email” Module; includes Anti-SPAM  [Revised 01-30-09]

 

Usage: The “Email” module is intended to support targeted marketing communication  of businesses, not-for-profit organizations or individuals age 18 or older. Usage is to be consistent with the Client Path Marketing philosophy and strategy of positively establishing and building relationships.

Pricing: User contracts for a maximum number of emails in a (rolling) month. If this maximum is reached, User selects between doubling that month’s allowance or halting email activity until the following month.

Prohibition: The Enfront system is not to be used for SPAM, i.e. emailed communication to recipients who do not qualify based on having taken one of the following four steps:

     - Clearly granted permission via an opt-in choice on a web-based form.

     - Completed a hard-copy form that invites joining a mailing list and includes the e-mail address as part of collected information.

     - Provided an email address as part of information gathered at a cash register or on-location computer so long as the gatherer makes clear that email contact is the purpose of the information process.

     - Established a “pre-existing business relationship” within the previous five years, meaning that business has been transacted or information has been exchanged.

The SPAM prohibition includes Participants are directly responsible to assure minimal SPAM complaints, and Enfront reserves the right to terminate any Participant whose complaint count is excessive as judged by industry standards.

Participant may not upload third party, purchased, rented, or harvested lists.

Participant may not use an Enfront-maintained list to support the email marketing efforts of any third party if the potential effect is email communication that is not permission based.

Unsubscribe: Enfront emails will include a convenient Unsubscribe link that Participant will honor, including assuring permanent Unsubscriber removal, or appropriate “do-not-email” software flag, within ten days or before the next planned emailing, whichever is earlier.

Content: It is specifically prohibited that “Email” be used for any form of negative or overly personal communication as unilaterally judged by Enfront personnel. (See General Terms).

User’s may upload content to “private libraries,” and Enfront will make no commercial use of this content, including intentionally allowing its use in the marketing efforts of other Participants.

All uploaded content will be free and clear of potential trademark, copyright, or patent violation via Participant’s ownership of said content or specific permission to use said content. Participant will comply with Enfront’s request to verify rights to specific content, and Enfront reserves the right to delete content that it reasonably believes to be in violation of this provision. Participant agrees to defray any costs on Enfront’s part related to claims that Participant has misused  protected content.

Participant will make no self-benefiting use, other than as presented by Enfront, commercial or otherwise, of content posted by Enfront in its archived “libraries” and marketing or collateral materials, and will not modify Enfront-posted content for any reason, including cropping, editing, or removing copyright information or watermarks. Participant understands that Enfront will vigorously pursue violators of this policy to the full extent of the law including potential attorney fees and costs as they may be allowed.

Return Address: All emails must include a valid return address representing a legitimate, recognized location owned or operated by Participant.

“From Line”: The emails “from line” will be the email address of the User that initiates the outgoing email.

“Subject” Line: Your subject line must not be false or misleading in any way, as solely judged by Enfront or direct input from recipients.

“Powered by”: Enfront reserves the right to include a link at the bottom of each mail indicating that the email was initiated through the Enfront system, unless specific permission to exclude has been obtained by Participant.

Privacy and Anti-Spam Statements: Enfront reserves the right to include links to these statements at the bottom of each email unless specific permission to exclude has been obtained by Participant.

Risks of Use: Enfront strives to provide bug-free software performance and timely execution of all marketing programs; however Participant understands and agrees that these negative occurrences are possible due to malfunctions of software, hardware, people, institutions, or acts of God; and releases Enfront from any liability for costs or losses of any kind related to one or more of these outcomes:

- Uploaded content may be lost.

- Intended outgoing e-mailings may be delayed or mailed items might be lost and never delivered.

- Faulty mailing lists may be created or activated due to software or human error, causing mailings to unintended recipients or failure to reach intended recipients, with attendant loss of potential revenue.

- Products as received may be physically damaged, impairing functionality.

Order Cancellation: Emailed campaigns are often executed instantly and should not be considered cancellable.

Support: Technical support is available via email, only or through the Messages “Contact” menu. Enfront cannot assure the ability to provide telephone support.

Additional Relevant Terms and Conditions: Participants are further bound by the Terms of specific Enfront services and the General Terms and Conditions including the introductory page.

Questions or issues related to these Terms should be addressed to Enfront, Inc., 1950 E Greyhound Pass, Ste 18-121., Carmel, IN 46033.

Perceived inappropriate use of the Enfront Suite may be forwarded to the above address or to abuse@enfront.com, including performance by Consultants, Designers, or Vendors; and business conduct of Users. Enfront will investigate vigorously and contact you after investigation.

 

These Terms and Conditions presented by:

William G. Corbin, President

Enfront.inc.

1950 E Greyhound Pass, Ste 18-121, Carmel, IN 46033

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