TERMS OF SERVICE
ProEmailSystem.com Email Marketing Service Agreement
By signing up for and/or continuing to use our service, you agree to be bound by this agreement:
Prosperity Marketing LLC (here-in after "Provider" or "we" or "our") is the owner of ProEmailSystem.com and provides the use of an online Email Marketing service. Use of our service is "as is" and is provided "as available". Customer ("you" or "your" or "client") agrees that use of our system is provided at your own risk. and you understand that Provider provides a marketing system that can be abused by end users. Customers are fully responsible for researching, understanding and complying with any email marketing legal regulations. Provider cannot control how customers ultimately use their account, nor give advice on how to personally comply with any regulations. Customer agrees not to hold Provider responsible for customer's failure to research, understand or comply with any legal regulations such as the FTC's Can-Spam Act. The regulatory information or links we supply below is by way of example, may not be complete and is not meant to be legal advice for end users. Provider expects end users to have knowledge of and to be in compliance with regulatory rules prior to sending any email campaign.
Provider will not contact your customers for any reason (we will not contact them to promote our email service like other providers do), nor will we add any advertising header or footer (for all paid plans) in your email campaigns like most providers do.
Customer agrees not to utilize our service in a manner which results in violation of any law, rule or regulation. Customer also bears full responsibility for compliance with all state and/or federal laws regarding use of our services and the content of their communications.
Customer certifies that prior to sending any email, that they will be in compliance with 16 CFR Part 316 Can-Spam Act or certifies exemption from it's requirements. Customer acknowledges that Provider (and any of our suppliers) is/are considered a Provider hired to distribute email on behalf of Customer.
Customer certifies that all sent messages will have true and correct sender information (no fake email addresses or personas), reason for contact (such as "this email is sent to our customers" or "this is an advertisement"), an Unsubscribe link and sender's Business/Personal Name and mailing address.
Customer agrees to stay educated on and agrees to comply with all current or future regulations or laws set by the FTC, FCC or any other state and federal regulating bodies governing the use of email in connection with our service.
These links are provided for reference purposes, and it is up to you to understand and comply with any regulation as the end user:
We bill on a pre-paid month to month basis. There are no change fees to up-grade or down-grade your plan. Changing your sending plan will not make any changes to your lists or campaigns. Plan changes take effect immediately once a new subscription is made (start a new subscription prior to cancelling your old one to avoid sending interruption). You may cancel future subscription payments at anytime. There are no pro-rated refunds on pre-paid subscription payments, so it is best to cancel, upgrade or downgrade right before your next billing date. Currently we use paypal automated subscription payments. Cancelling your subscription with paypal signifies that you are also cancelling your service with us, so be sure to keep the subscription active. If you cannot access paypal for some reason, we can accept Visa/Mastercard/Disc or draft your checking account. If you use a credit card or bank account drafting, we will automatically charge your card or draft your bank account month to month until you contact us to cancel.
Service Suspension, Cancellation or Deletion
Provider reserves the right to suspend and/or cancel an account for violation of any term in this agreement or any law violation in connection with our service, without refund. Suspended accounts may be resumed as long as correct their minor violation(s). Provider (at our sole discretion) may or may not choose to do future business for serious TOS or legal violations for cancelled accounts.
If customer chooses to cancel their services by contacting Support and/or cancelling their active paypal subscription with us, cancellations take effect immediately and there are no pro-rated refunds of any remaining days or email send amounts left. We recommend to contact us to cancel your service just prior to current service end date or if your email sending for the month has already been depleted. Be sure to export your contact lists prior to service cancellation or shortly after, as your entire acount will be deleted after 30 days. If you do not restart a payment subscription within 30 days of cancellation, your entire account and all of it's data is subject to deletion.
Demo accounts that are not upgraded to a paid plan within 30 days are also subject to deletion.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to our software, network or server(s). Sharing your password and account access with unauthorized users is prohibited and you will be held responsible for such use. Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of your service. You may not attempt to circumvent user authentication or security of any account. Users who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network security, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Any attempts to undermine or cause harm to our service or customer of our representatives is strictly prohibited. We hold no responsibility for the use of our clients’ accounts. Any account that abuses resources and actions are not taken to desist, calls for immediate deactivation without any refund of payments made. This includes use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another entity’s computer network, software or hardware.
Any activity which affects the ability of other people or systems to use any services or other Internet services. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. A customer may not, through action or inaction, allow others to use their account for illegal or inappropriate actions. We will not tolerate any subscriber attempting to access the private accounts of others, or penetrate security measures of other systems.
Refusal of Service
Provider reserve the right to refuse service at our sole discretion.
Allowed Use and Unlawful conduct
You agree to only use our Services in compliance with all applicable laws (including but not limited to laws or regulations such as: spamming, threats, obscenity, defamation, etc).
We do not allow importing randomly harvested email addresses off of the internet or contacting those who never requested to be contacted with your specific information (sending UCE or "unsolicited commercial email"). You agree to never send email to any person that has not specifically requested to receive email from you("opt-in"); or in the case of lead importing - you certify that you will only send email to lead contacts who agreed to receive your exact type of information from a legitimate lead supplier. Those leads/persons must have visited a landing page and entered/submitted their contact information in order to receive specific information (like insurance or real estate offers, work from home info, etc). LEADS MUST BE FRESH, WHICH MEANS LESS THAN 60 DAYS OLD. Do not import leads who requested to be contacted more than 60 days ago. You must save your lead lists, including the company contact info from where you purchased the list. Your purchased leads must include at a minimum: Name, Email, IP, Time/Date stamp. The more contact fields obtained, the higher quality the lead and less likely to suffer false spam complaints. You must also ensure that your lead provider is ONLY SELLING FRESH LEADS THAT HAVE BEEN CLEANED FOR BAD EMAIL ADDRESSES with a service similar to www.datavalidation.com, or that you use a similar service if your lead provider does not, to pre-clean any fake or incorrect email addresses prior to importing into our system. This prevents excessive email bounces or spam complaints.
If you are importing your own opt-in only (like a newsletter or autoresponder where subscribers subscribed to receive) contact list over to our system, make sure your list is less than 6 months old (meaning that you were actively contacting them) and are clean from invalid email addresses, to prevent excessive bouncing or spam complaints. We do regularly monitor bounces and spam complaints, and we can also tell if your imported lists are too old, have too many invalid email addresses bouncing, or are having spam complaints. If one of your lists are showing red flags, we will suspend your account to demo mode until the offending list is cleaned up or removed from your account.
Spam complaints that are not cleared up upon investigation, may suffer account suspension and ultimately cancellation without refund at provider's discretion. Further more, if your gross spamming activity causes any of our IP's to be black listed or causes interruptions in our ability to service our other customers, we may ask you to compensate us, or we may take legal action. It is up to each end user to understand and comply with federal Can-Spam regulations.
You may not use our service to transmit any communication that threatens or encourages bodily harm or destruction of property. Use of our services to transmit any communication that harasses another Provider or individual may result in immediate termination of your account.
You many not use our service to send or promote nudity of any kind, or adult only content. You may not use our service to promote services or products that are unlawful in your own area or the areas of the people you are contacting. You may not use our service to promote gambling services. We do not allow any terrorist type activity. We do not allow sending excessive profanity, any racist, obscene or hate content.
Use of our service to make fraudulent offers to sell or buy products, or services, or to advance any type of financial scam such as “ponzi schemes” is prohibited.
You cannot copy any software or email templates and use the design for purposes other than sending emails using our Services.
Provider has no obligation to monitor the content or your use of our email service, but you agree that we may do so and that we may suspend and/or cancel use of the Service if we believe that you may be (or is alleged to be) in violation of any terms of this agreement.
BY USING OUR SERVICE, YOU ARE NOT BEING GRANTED A LICENSE TO ANY SOFTWARE RIGHTS UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless Provider against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and/or attorney fees) in connection with any claim or action that arises from any violation of the foregoing, or any other provision in this agreement in regards to using our Service.
Deceptive Use Of Identifying Information Or Subject Lines
Adding, removing or modifying identifying information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person or fake persona, or using fake or forged identifying information is prohibited. Your return email address, your name and/or company name and your address must be real and accurate. A PO Box you pay for is acceptable as an address. Your subject line must also not be misleading or deceptive (must be related and accurate of what is found in the email body text).
Provider will cooperate with law enforcement agencies as required by law. We will only disclose client information to a law enforcement agent or official that provides an authentic subpoena or lawful request.
Disclaimer and Indemnification
Use our services at your own risk. Provider is not responsible for any claims resulting from the use of our service. We make no warranties of any kind, expressed or implied for any provided services. This includes any loss of data resulting from delays, non-deliveries, wrong delivery, server errors, smtp errors, software or hardware failure and any and all service interruptions regardless of cause. The client acknowledges that the service provided is of such a nature that service may be interrupted for reasons beyond provider's control. Therefore, client agrees that the Provider shall not be liable for any damages, loss, or injury whatsoever by using our service.
Client agrees to defend, indemnify, and hold Provider (Prosperity Marketing LLC) and our hosting or smtp server providers harmless from any and all demands, liabilities, losses, injury, costs and/or claims, including reasonable attorney’s or court fees asserted against us, our agents, our customers, officers, employees, or sub-contracting providers, that may arise or result from any service provided or performed or agreed to be performed or any product sold or supplied. This includes any accidental infringing on proprietary rights of a third party, copyright infringement, defective services causde by us or our providers; or viruses introduced or other problems caused by our hosting providers or our other customers.
Under no circumstances will Provider be liable whether in tort, contract or otherwise for indirect, incidental, consequential, special or exemplary damages (including but not limited to damages for any loss of revenue, profits, business interruption, loss of business data, loss of goodwill, work stoppage, loss of service or other pecuniary loss) arising from or relating to any provision of this Agreement and/or services provided.
Governing Law and Agreement Invalidity/Entirety/Special Amendments
The laws of the State of Idaho shall govern this Agreement. Should there be any legal dispute between the parties, then both parties agree to first take the matter before arbitration/mediation in Idaho Falls, Idaho should Prosperity Marketing LLC request arbitration/mediation in lieu of formal legal process. Both parties mutually agree that the sole legal venue for all disputes shall be in the Bonneville County Court of Idaho.
Should any part of this Agreement be declared invalid, the remaining portions shall remain in full force and effect.
This agreement is the entire and complete agreement between both parties.
Special amendments to this agreement must be signed by both parties, and the most recently dated amendment shall trump any previous ones.
Future Revisions and Acceptance of Terms of Service:We reserve the right to revise, amend, or modify these published terms of service at any time and with or without formal notice. If any future terms or conditions are violated, the account in question may be automatically cancelled without refund according to the then modified terms. All users are always subject to the newest terms posted here at all times. It is the end user's responsibility to be aware of the latest terms of service by reviewing this agreement often. All clients understand that a modification of these terms of service by provider shall not be grounds for early termination, or non-payment, or refunds. Continued use of our service by you signafies valid acceptance of and agreement to future modifications.
Singing up for an account, and use of our services is valid acceptance that you agree to these posted terms of service.
Last updated on 10/20/2017.
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