to as this "Agreement") constitutes a legal agreement between you
and dba, ("
Technetto Email Marketing ," "we," or "us"). You are a customer ("Member") (or will become a
"Term" is the time during which you are entitled to use our website
to create and send out electronic newsletters and other digital
content. If an individual purports, and has the legal authority, to
client, "you" refers to the employer or client. If not, "you" refers
to the individual signing hereon. You are responsible for assuring
that all the terms and conditions of this Agreement are complied
with. By clicking the button to join
Technetto Email Marketing , you will be agreeing to the terms of this Agreement. Furthermore,
by clicking that button, after typing in your username, or other
indication of your identity, you do confirm to us that typing in
such indication of identity constitutes your "signing" of this
Agreement for all purposes under applicable law. Any individual
clicking the button on behalf of another individual or entity,
listed as the Member above, does hereby represent and warrant that
such agreement is being made with full authority.
WARNINGS OF SERIOUS LEGAL CONSEQUENCES
Warning: If you engage in certain conduct, such as violating laws
that regulate sending out and the content of bulk email, try to take
actions as using our servers to host images for your website,
instead of just emails you send using
Technetto Email Marketing , sending out emails created using
Technetto Email Marketing through another service or failing to pay an amount you owe us, we
will be entitled to collect from you the higher of a pre-set amount
or a multiple of your charges for one year on an annualized basis
(which is a reasonable pre-estimate of the actual damages we would
likely suffer from such conduct) plus attorney fees. We offer very
powerful tools at a very low price. In exchange we expect our
customers to act with integrity and follow our rules in order to
help us maintain our reputation as having customers who only send
bulk email to people who have consented to receiving them or with
whom they have had a relationship from earlier selling or licensing
(or negotiating to sell or license) a product or service and to not
otherwise abuse our system.
(Applies to All Members of
Technetto Email Marketing )
- Who We Are : "Technetto Email Marketing"
is a trade name and registered service mark of Technetto Email Marketing,
that owns and operates the website with the URL: http://www.tnmails.com (the "Website").
(this "Agreement") is to set forth the terms and conditions under
which you are permitted to use our email/electronic newsletter
creation, distribution and management system (the "Services"). Any
email, including but not limited to any email newsletters, sent out
using the Services, are referred to herein as an "Email."
- Changes : We reserve the right to change any of
our Website and/or by sending an email to the last email address
you have given to us. Unless the Term is terminated within ten (10)
days, this new Agreement will be effective immediately with respect
to any continued or new use of the Services.
- Eligibility : We require that any Member be at
least eighteen (18) years of age. By using the Services, you
represent and warrant that you are at least eighteen (18) years of
age and that your use of the Services does not violate any
applicable law or regulation. Your uploads may be deleted and your
subscription may be terminated without warning, if we have reason
to believe you are under eighteen (18) years of age.
- Refunds : 5.1 We are required to provide a
refund only if we terminate our Services to you without cause
before the end of a month for which you have paid. There is no
other circumstance in which you will be entitled to a refund from
us. We may, at our sole discretion, offer refunds in other
situations subject to any Member seeking such refund applying for
the refund in accordance with the requirements we post on the
website, which may be changed from time to time.
- Term, Termination and Removal : Either party
may terminate the Term of this Agreement at any time for any reason
by providing Notice to the other party. We may suspend our Services
to you at any time with or without cause. We will refund a pro rata
portion of your monthly prepayment or reimburse you for unused
Email Credits if we terminate you without cause. We will not refund
and/or reimburse you in such manner, if there is cause, such as
your using our system to send bulk Emails to people with whom your
relationship does not meet the requirements of 11(b) below. Once
terminated, we may remove any of your electronic newsletters or
other emails and related data and files from our Website and any
other storage. Additionally, if you do not log in to your account
for 12 or more months, we may deem your account "inactive" and
permanently delete your account and all data associated with it.
- Account and Password : You are responsible for
maintaining the confidentiality of any account name and password
provided to you. You are solely responsible for uses of any account
provided to you, whether or not authorized by you. You agree to
immediately notify us of any unauthorized use of any account of
- Proprietary Rights Owned by Us : You
acknowledge that we, or our suppliers, own all proprietary rights
in the Website and the software used to provide the Services,
including, but not limited to, any patents, trademarks, service
marks and copyrights.
- Proprietary Rights Owned by You : You represent
and warrant to us that you will not add or upload any content to
the Website to create an electronic newsletter, or for any other
purpose unless you are the owner of all proprietary rights in that
content (or have been given a valid license from the owner of the
proprietary rights in such content) and have obtained releases for
all related privacy and publicity rights.
- General Rules : You agree to the following:
- You will not incorporate into your Email any text, photos,
graphics or other content that is not created by you, not
provided by us for you to incorporate into your Email or you are
not otherwise permitted to use.
- You will not post on the Website, including in any Emails
created or sent using our Services, any misleading or incorrect
name, address, email address, subject line or any other
misleading or incorrect information.
- You will not publish any material that contains sexually
related text, photographs or other content, or content that is
defamatory, obscene, indecent, threatening, abusive or hateful.
- You will not share your password.
- You will not attempt to decipher, decompile, disassemble or
reverse engineer any of the software comprising or in any way
used or downloaded from the Website.
- You will not include in any Emails any material, including,
but not limited to, text and graphics, the inclusion of which is
in violation of any other party's rights, including, but not
limited to, copyrights and privacy and publicity rights.
- You will not set up multiple accounts for any individual,
organization or entity or in order to send substantially similar
content unless you are part of a franchise.
- You will not import or incorporate into any lists, emails or
uploads to our servers any of the following information: Social
Security Numbers, passwords, security credentials, or sensitive
personal information of any kind.
- You will not send transactional messages through Technetto Email Marketing
- You will not send email messages through Technetto Email Marketing that will be delivered to recipients as text, sms, or mms
- Anti-Spam and Abuse Related Rules : You agree
to the following:
- Definition of SPAM: We have adopted the definition of Spam set
forth on the Spamhaus website at
http://www.spamhaus.org/definition.html The first line of the
Spamhaus definition reads:
The word "Spam" as applied to
Email means Unsolicited Bulk Email ("UBE"). It is a concern to us
if you use Technetto Email Marketing to
send any unsolicited email to anyone with whom you have no
relationship. It is much more of a concern, and more likely to
cause our system to be blocked by various ISP's, for you to send
an unsolicited email to an entire list of people you don't know.
- Permission Lists Only: You may use Technetto Email Marketing only to send Emails to individuals and entities that either:
Possibility 1 - Consent Obtained
- A. gave or give you written (including electronic)
permission to send Emails to them, without subsequently
withdrawing such permission and either:
Possibility 2 - Sold or Negotiated to Sell Product or
- Consent Given Recently gave you the permission within the
prior 12 months; or
- Consent Given More Than One Year Earlier you sent them a
promotional email, which was not objected to, within the
prior 12 months; or
- B. gave or give you their name and email address in
connection with their purchase, or negotiations to purchase,
a product or service from you, have not opted out from
receiving your emails and either:
- Recent Sale or Negotiation such sale or negotiations
occurred within the previous 12 months; or
- Sale or Negotiation Occurred More than One Year Earlier
you sent them a promotional email, which was not objected to,
within the prior 12 months. If you send Emails to a list, and
you get an unusual amount of SPAM complaints (more than 1 out
of 1,000), ISPs will begin blocking future emails from your
company. They will also request (that's putting it mildly)
that Technetto Email Marketing shut
down your account. So if you don't have proof that each
recipient on your list has opted-in to receive your emails,
or otherwise meets the above requirements, don't import them
into Technetto Email Marketing.
- Requirements: You agree that you will use:
- No purchased lists (no matter how expensive).
- No rented lists (even if they "opted in").
- No 3rd party lists whatsoever.
- No outside unsubscribe processes.