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Service Agreement

ADMAIL.NET™ WEB SITE AND PRODUCTS TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE AND TO THE PRODUCTS. YOU AGREE TO CHECK FOR UPDATES TO THESE TERMS AND CONDITIONS OF USE. BY USING THIS WEBSITE OR THE PRODUCTS, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN YOU MAY NOT USE THIS WEBSITE OR THE PRODUCTS.

Posted November 17, 2021

1. General Terms and Conditions

1.1. General. This website and our Products are provided subject to these Terms and Conditions of Use, as they may be amended by us, and any guidelines, rules or operating policies that we may post on this website, including, without limitation, our SPAM & UCE Policy and our Privacy Policy, which are specifically incorporated herein by reference (collectively, the "Service Agreement"). We may amend this Service Agreement from time to time due to changes to our Products, to account for developments under the law, or for any other commercially reasonable reason. Future performance by us of our obligations under this Agreement is sufficient consideration for any such amendment. Any amendment will only become effective upon notification to you (by email or by posting on our website) and, if you do not want to agree to any such amendment, you should contact us to cancel your account. By checking the box next to the "I have read and agree to the terms set forth in the Admail.net service agreement." button on the signup page, by logging in to your Admail.net account, by accessing this website or by accessing any of our Products by means of any API interface, you accept this Service Agreement.

Any terms and conditions that may be contained in any acknowledgement, invoice, purchase order or other form you provide are specifically null and void.

1.2. Minimum Age and Ability to Bind. This website and the Products are available only to persons or organizations that can form legally binding contracts under applicable law. Without limiting the foregoing, this website and the Products are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use this website or the Products. If you are using this website or the Products on behalf of an organization, you represent and warrant that you have the ability to bind such organization by your use of this website and the Products.

1.3. Registration. You agree to provide true, accurate, current and complete information about yourself and your organization, as applicable, as requested in the registration form and elsewhere on this website, and agree to update such information if it changes.

2. As set forth in this Service Agreement you the individual, business, or organization (client) agree to the following:

  • The client will provide legal and ethical services, products and/or merchandise.

  • The client is responsible for providing their own verifiable opt-in email list. ADMAIL.NET DOES NOT PROVIDE EMAIL LISTS.

  • The client assumes all legal responsibility for any and all required licenses and/or permits for their services, product and/or merchandise.

  • The client will hold Admail.net harmless of any legal action or consequence as a result of the client's negligence.

  • The client agrees to pay all scheduled fees and charges for services requested and agrees to pay all collection, legal, and court cost for any delinquent payment(s) or chargeback(s).

  • The client grants Admail.net the right to access and analyze the User's List Builder database to enforce best practices unless stipulated otherwise in a separate agreement or addendum.

    1. To identify inactive emails and removal of List Members not active in the previous twelve (12) months. Should Admail.net find it necessary to remove inactive email, it will be done at the client's expense. An Active List Member is defined as one who has opened or clicked on an embedded link from the Users email.
    2. If complaints are received from a User's List Members, a new proof of opt-in may be required. Compliance reserve the right to enforce a user's list to be hygiened and verified if the client does not provide proper methods of maintenance and opt-in.

  • The client will comply with the Federal Trade Commission guidelines for privacy and business ethics.

    2.1. WE RESERVE THE RIGHT TO DISCONTINUE SERVICE WITHOUT NOTICE IF YOUR GROUP, BUSINESS OR ORGANIZATION IS FOUND HARASSING INDIVIDUALS, WILLFULLY “SPAMMING”, “PHISHING”, CONVICTED OF FRAUD OR OTHER ILLEGAL ACTIVITY.

3. We are not responsible for errors or omissions of content or graphics. We assume no responsibility for misinformation submitted by you the client or customer nor your client or customer.

4. Be advised the following also appears as part of our privacy statement:

As a third party service bureau for email deployment and data management we are
not responsible for any content distributed by our customers, businesses or
organizations subscribing to our service(s). All information collected on behalf
of our clients and customers is governed by that customer, business or
organization’s individual privacy policy. If you feel that a customer or client
is harassing or abusing this, you and/or our services and have not been able to
resolve the issue by contacting them directly, please send a complete description
of the issue along with the name and all contact information of the business to
abuse@admail.net. Please feel free to
submit any content or information related to the issue via The Federal Trade
Commission's website located at http://www.ftc.gov/ftc/complaint.htm.

5. SPAM & UCE POLICY

Admail.net does not advocate the use of our products and services in a manner that would suggest spamming. In no way can a user of our product disguise where the message is coming from, all information of source is sent to the recipient. We will make every effort within our power to discourage the sending of spam.
Admail.net will not tolerate the use of our system or services in conjunction with any type of Internet abuse. Types of abuse include but, are not limited to:

  • Spam, Phishing or UCE
  • Internet activity that is clearly abusive, hateful or pornographic in nature
  • Inappropriate posting in forums or news groups.

6. The Admail.net site, and the Admail.net services may only be used for lawful purposes and in a lawful manner. You must agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name or use an invalid or unauthorized credit card.

We reserve the right to monitor any activity and content associated with your use of our site, our software, or our services. We may investigate any reported violation of our policies or complaints and take any action we deem appropriate, including issuing warnings, suspending or terminating the Services, denying access, and/or removal of any materials on the Site.

We reserve the right to access and disclose any information relating to your use of our site, our software, or our services, if we feel, in our sole discretion, that accessing or disclosing such information is necessary or appropriate in order to comply with any governmental request, protect our reputation, or to protect ourselves against potential liability. We reserve the right to remove, screen, or edit any content that violates these provisions or is otherwise objectionable to us in our absolute discretion.

We reserve the right to refuse technical support and terminate any contracts of any individual that:

  • Sends unsolicited email
  • Hijacks a mail server relay
  • Distributes illegal information or materials
  • Forges header information or
  • Fails to use our unsubscribe system for your messages.
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