If you are looking for information about acceptable mailing lists, please see “Can I use my email list with Direct Mail?”.
These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of e3 Software's software or services constitutes acceptance of these Terms and Conditions.
Spamming, or the sending of unsolicited bulk email, using Direct Mail is STRICTLY prohibited. e3 Software will be the sole arbiter as to what constitutes a violation of this provision. This action WILL RESULT in immediate disabling of your account without refund.
Importing or in any way using purchased mailing lists with Direct Mail is strictly prohibited. If you paid money or in any way purchased a group of pre-existing email addresses these may not be used with Direct Mail. This includes co-registration services, lists received in trade, "safe lists" or any type of free mailing lists given to you. Only people that have specifically requested information directly from you may be emailed using Direct Mail.
A script must not be used to automatically submit a web subscribe form on behalf of a website visitor. The visitor who desires to subscribe to your list must be the one to initiate and confirm that subscription process.
Direct Mail may not be used to distribute pornography, promote sex-related merchandising, or offer adult or sexually-explicit services. Direct Mail may not be used to promote gambling, multi-level marketing, affiliate marketing, or pharmaceutical products. e3 Software will be the sole arbiter as to what constitutes a violation of this provision.
Customers are prohibited from transmitting on or through any of e3 Software's software or services any material that is, in e3 Software's sole discretion, unlawful, obscene, threatening, fraudulent, abusive, libelous, or hateful, or that intends to harass, or that encourages conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
All services provided by e3 Software must be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless e3 Software from any claims resulting from the use of the service which damages the subscriber or any other parties.
Payment for services (including email credits, monthly subscriptions, SMTP access, or SMTP tracking subscriptions) is due immediately upon initiation of service. The user is responsible for providing up-to-date payment information. e3 Software will not be held responsible should the user's payment information become out-of-date.
If payment is by credit card, the user authorizes e3 Software to charge the credit card provided by the user. Credit card payments will be billed and charged automatically. e3 Software shall have the right to suspend accounts for which payment has been declined.
If the user is subscribed to a monthly subscription plan, the user authorizes e3 Software to automatically charge the credit card provided by the user every month at the beginning of the user's billing period. The user authorizes e3 Software to automatically upgrade the user to a higher capacity monthly subscription plan if the user exceeds the maximum number of monthly email recipients allowed by the original monthly subscription plan. The user authorizes e3 Software to charge the credit card provided by the user the difference between the prices of the original monthly subscription plan and the higher capacity monthly subscription plan.
Cancellation and Suspension of Service
e3 Software shall have the right to suspend service to the user at any time, and for any reason, without notice.
Service provided by e3 Software may be cancelled in writing at any time with no penalty. Customer email address and password must be included in the cancellation request. Cancellation will take effect only when the receipt of the cancellation request is confirmed by e3 Software.
e3 Software makes no warranties of any kind, whether expressed or implied, for the software and services it is providing. e3 Software also disclaims any warranty of merchantability or fitness for a particular purpose. e3 Software will not be responsible for any damage suffered. This includes loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by e3 Software's negligence or the user's errors or omissions. Use of any information obtained via e3 Software's software or services is at your own risk. e3 Software specifically denies any responsibility for the accuracy or quality of information obtained through its software and services.
e3 Software exercises no control whatsoever over the content of the information sent using any of e3 Software's software or services. All email addresses generated by the user are held strictly confidential. Email lists are never released to any other parties for any purpose.
Limitation of Liability
LIMITED LIABILITY. ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR THE CURRENT MONTH.
Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.
This agreement shall be governed by the laws of the State of California and the United States.