Term

The term of this Agreement shall commence on the date You purchase the Express Email Marketing Service, and will continue in full force and effect as long as name papa .com is providing the Express Email Marketing Service to You.

Termination

You agree that You will be responsible for notifying name papa .com should You desire to terminate Your use of name papa .com īs Express Email Marketing Service. Notification of Your intent to terminate must be provided to name papa .com no earlier than 10 days prior to Your billing date but no later than three days prior to Your billing date. In the absence of notification from You, name papa .com will automatically continue providing access to the Express Email Marketing Service indefinitely and will charge the Payment Method You have on file with name papa .com , at name papa .com `s then current rates. It is Your responsibility to keep Your Payment Method information current, including the expiration date of any credit cards You have on file. name papa .com reserves the right, in its sole discretion and without notice, at any time and for any reason, to suspend Your access to or use of Express Email Marketing.

Modifications

You agree that name papa .com may modify this Agreement from time to time. name papa .com may also discontinue the Services it provides under this Agreement. You agree to be bound by any changes name papa .com may reasonably make to this Agreement when such changes become effective.

name papa .com currently provides the Express Email Marketing service to its customers on a monthly subscription model based on email volume. name papa .com will provide You with the ability to create, manage and maintain a permission-based subscriber list (with optional confirmed opt-in functionality), design and send targeted email campaigns (messages) to subscribers, and access valuable data used to generate reports on campaign and subscriber activity, provided, however, You abide by the terms and conditions set forth herein and in each of name papa .com `s policies and procedures.

1. add, access, manage and maintain a collection of subscribers based on email addresses though manual inclusion and group importing of customer database files;
2. create email messages (campaigns) and distribute each campaign on a scheduled basis to recipients based on subscriber list members;
3. access campaign, subscriber, and interest group data for reporting purposes, including; response rate reports, membership reports and demographic reports; and
4. build and implement mailing list subscription functionality to a Web site designed to attract subscribers and collect customer demographic data.

   Availability of Services

   Subject to the terms and conditions of this Agreement, name papa .com shall attempt to provide Express Email Marketing Services for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time the Express Email Marketing Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which name papa .com may undertake from time to time; or (iii) causes beyond the control of name papa .com or which are not reasonably foreseeable by name papa .com , including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that name papa .com has no control over the availability of Express Email Marketing Services on a continuous or uninterrupted basis.

By using the Express Email Marketing Service, You agree that You are age 18 or over. The Express Email Marketing Service is available only to persons who can make legally binding contracts under applicable law.

You also agree that You will not use the Express Email Marketing Service to send or upload the following types of information:

1. personal information about children without their parentīs consent,
2. pornography or nude pictures,
3. tasteless images,
4. excessively violent material,
5. links to web sites containing the serial numbers for unlocking software illegally,
6. pyramid schemes,
7. chain letters,
8. impersonations of another person,
9. encouraging the use of a controlled substance,
10. selling or promoting products that are unlawful in the location where the email is received,
11. advocating, promoting, or encouraging violence against any person, organization, or the government, or
12. links to web pages containing any of the aforementioned content.

You agree that You have provided accurate, current and complete information in the application process and that You will notify name papa .com within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by name papa .com to determine the validity of information provided by You, will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if name papa .com has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, name papa .com has the absolute right, in its sole discretion, to terminate its Express Email Marketing Services and close Your account.

By using Express Email Marketing, You warrant that the information You use in any email campaigns is true, and that the email addresses You include are of subscribers who have granted You direct or implied consent to receive email messages from You. You agree to comply with our No Spam Policy, as well as the provisions of the Can-Spam Act of 2003. You agree that You will include a valid and correct physical address on every email message, as well as a valid and correct "From" and "Reply-To" address in every email message. Any email campaign sent to more than 1000 email addresses will require You to provide "Opt-In" verification for each additional subscriber over the initial 1000. You agree to give name papa .com permission to copy and/or store Your subscriber content, contact lists, and other information. name papa .com will not use this information in any way that violates its Privacy Policy.

Spam

name papa .com recommends that You carefully consider whether the email You are sending out may be considered spam. Generally, if You are not sure that You have received someoneīs permission to send them email, then it is probably spam.

Intellectual Property

Except as expressly stated elsewhere in this Agreement, this Agreement does not grant You any rights in Express Email Marketing and all rights are reserved by name papa .com . You agree that the Express Email Marketing Service, the names and logos of name papa .com and all related product and service names, design marks and slogans, are the property of name papa .com and its affiliates, and that You are not authorized to use any of them in any advertising, publicity, or other commercial venture without the prior written consent of name papa .com .

Storage and Security

At all times, You shall bear full risk of loss and damage to Your Express Email Marketing Service. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with Your Express Email Marketing Service. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your email lists; (ii) maintain independent archival and backup copies of Your email lists; and (iii) ensure the confidentiality of Your password. name papa .com īs Express Email Marketing Services are not an archive and name papa .com shall have no liability to You or any other person for loss, damage or destruction of any of Your content. If Your password is lost, stolen or otherwise compromised, You shall promptly notify name papa .com , whereupon name papa .com shall suspend access to Your Express Email Marketing Service by use of such password and issue a replacement password to You or Your authorized representative. name papa .com will not be liable for any loss that You may incur as a result of someone else using Your password or Service, either with or without Your knowledge. However, You could be held liable for losses incurred by name papa .com or another party due to someone else using Your Service or password.

name papa .com will not disclose the information you place in your Express Email Marketing account without your express permission, in accordance with our Privacy Policy. name papa .com does not sell personal information. name papa .com will never disclose nor sell the information of your customers that you store in Express Email Marketing.

name papa .com explicitly reserves the right and sole discretion to: (i) modify its pricing through email notification; (ii) review Your use of Express Email Marketing for excessive space and bandwidth utilization and to terminate Your Service or apply additional fees if You exceed allowed levels; (iii) establish limits and guidelines concerning the use of Express Email Marketing, including but not limited to the maximum size of campaigns sent through our servers and the maximum number of occasions that You may access our servers using Express Email Marketing in any given period of time; (iv) terminate Your Express Email Marketing Service for unsolicited, commercial e-mailing (i.e., spam, sending email to subscribers who have not "opted-in"); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of Express Email Marketing fees; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way, and other activities whether lawful or unlawful that name papa .com determines to be harmful to its other customers, operations, or reputation; (v) terminate Your Express Email Marketing Service if Your use of the Service results in, or is the subject of, legal action or threatened legal action, against name papa .com or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, and (vi) terminate Your Service if You have not accessed or logged into it for 90 days. If name papa .com terminates Your Service, it may, at its own option, remove and destroy data and files stored by You on its servers. name papa .com has no obligation to monitor Your Express Email Marketing Service, but reserves the right in its sole discretion to do so.

For every email You send out using Express Email Marketing, You agree that name papa .com may automatically attach a notice to it stating that the email was powered by Express Email Marketing or a similar message.

You agree to release, defend, indemnify and hold harmless name papa .com and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any action, claim, demand, dispute, liability, losses, damages or costs, including reasonable attorney`s fees and costs, resulting from or related to (i) Your breach of this Agreement, (ii) any negligence or willful misconduct by You; (iii) any allegation that Your Express Email Marketing Service infringes a third person`s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person`s trade secrets; (iv) any action or conduct of name papa .com īs undertaken pursuant to this Agreement; or (v) Your use of the Service. You shall defend and settle at Your sole expense all proceedings arising out of the foregoing. You agree that name papa .com shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify name papa .com of any such claim promptly in writing and to allow name papa .com to control the proceedings. You agree to cooperate fully with name papa .com during such proceedings.

You agree You will not be entitled to a refund of any fees paid to name papa .com if, for any reason, name papa .com takes corrective action with respect to Your improper or illegal use of its Express Email Marketing Services.

This Agreement shall be deemed entered into the state of Arizona. the laws and judicial decisions of Maricopa County, Arizona, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement, shall be brought in the courts of Maricopa County, Arizona.

You agree to waive the right to trial by jury in any proceeding that takes pace relating to or arising out of this Agreement.