Terms of Use
Through Excerpo® Mail (the "Services") AIS Media ("AIS Media") provides web site operators and other individuals a variety of tools and resources to collect visitor e-mail addresses and to create, launch, and manage online e-mail campaigns. This service may not be used for the sending of unsolicited e-mail (sometimes called "SPAM"). The following are the terms and conditions for use of the Services. By checking the "I have read the Excerpo® Mail Terms of Use statement. I accept these terms and conditions" box on the Free Trial page or after logging in for the first time, you accept these terms and conditions.
1.1 The Services are provided subject to this Agreement, as it may be amended by AIS Media, and any guidelines, rules or operating policies that AIS Media may establish and post from time to time (the "Agreement"). By posting updated versions of the Agreement at the Excerpo® Mail Web site, or otherwise providing notice to you, Excerpo® Mail may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Web site.
1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
1.3 The Services enable corporate Web sites, small business Web sites, and community sites to sign up Web site visitors, and develop and execute e-mail communications with visitors and other targeted prospects.
1.4 The number of e-mail subscribers is metered by Excerpo® Mail. Each Excerpo Mail account allows for the account owner to send an unlimited volume of email messages per based upon a maximum message size of 35kB per email and a total volume size of 1.75GB per month.
1.5 Once you have completed your free trial period or have exceeded the free subscriber limit, you will be subject to monthly subscription fees. You will be required to submit payment for Services (unless you have already provided payment or means of payment, such as credit card information) and may purchase, in advance, a monthly subscription for Paid Services. Access to the Services will be disabled until payment is received. Fees will be billed monthly. The Fees are based on the highest number of subscribers in your account at any time during the previous month. You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by AIS Media. The Fee Schedule, including subscriber levels and prices, is subject to change at any time in AIS Media discretion. AIS Media will attempt to notify you via email prior to the effectiveness of any change to the Fee Schedule. Payment for Services will be made by a valid credit card accepted by AIS Media. Fees are payable in US dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize AIS Media to charge your credit card for such amounts on a regular monthly basis beginning at the end of your free trial period. If AIS Media is for any reason unable to effect automatic payment via your credit card, AIS Media will attempt to notify you via email and your Excerpo® Mail account will be disabled until payment is received. Amounts paid for the Services are not refundable. You acknowledge and agree that you are responsible for paying Fees for all email messages sent through Excerpo® Mail, regardless of whether delivery of such messages to their intended recipients is prevented or blocked by any third party. AIS Media shall have the right, at any time, to pass through and invoice to Customer any new or increased taxes, fees, assessments or other charges imposed on or required to be collected by AIS Media by any governmental agency.
1.6 For all accounts, AIS Media may charge an account re-activation fee of $29.00 should an account need to be re-activated by customer after an account has become de-activated due to non-payment or an untimely authorization for payment.
1.7 You must complete the registration form on the Free Trial page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. As part of the registration process, you will identify an e-mail address and password for your Excerpo® Mail account. You are responsible for maintaining the security of your account, passwords, and files and for all uses of your account and of the Services in your name. AIS Media reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
1.8 It is understood that Excerpo® Mail makes no guarantee that HTML messages will be rendered properly on all recipients' e-mail programs, due to the wide variety of e-mail clients available. Excerpo® Mail makes every attempt to make sure that all e-mail messages sent through our servers follow e-mail standards, but no guarantee is made that messages will look consistent across all e-mail platforms due to the number of different HTML composition tools available. For best results Excerpo® Mail recommends, but does not guarantee, the use of HTML editors that generate HTML that adheres to W3C standards.
2.1 This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); interfere, or attempt to interfere, with Excerpo® Mail in any way; engage in spamming, mail bombing, spoofing or any other fraudulent, illegal or unauthorized use of Excerpo® Mail; knowingly introduce into or transmit through Excerpo® Mail any virus, worm, trap door, back door, timer, clock, counter or other limiting routine, instruction or design; remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business (which includes civic or charitable) purposes only and you shall not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
2.2 You acknowledge and agree that the Services and the Excerpo® Mail company names and logos and all related product and service names, design marks and slogans, are the property of Excerpo® Mail or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Excerpo® Mail. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in Excerpo® Mail or its third party suppliers, as the case may be.
2.3 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. You hereby agree to indemnify and hold harmless AIS Media and its resellers against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. Although AIS Media has no obligation to monitor the content provided by you or your use of the Services, AIS Media may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
2.4 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates U.S. federal, state or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party's intellectual property rights.
2.5 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to AIS Media. AIS Media may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you.
2.6 Excerpo® Mail will not use any of your subscriber lists or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties. In addition, AIS Media will not use your customer information for the purpose of sending unsolicited commercial e-mail.
2.7 You will adopt and maintain the Privacy Policy, which may be modified by Excerpo® Mail from time to time.
2.8 You may not use Excerpo® Mail to distribute illegal contests, pyramid schemes, chain letters, or multi-level marketing campaigns
2.9 You may not use Excerpo® Mail to send email campaigns that link to or display nudity, obscene content, gambling related content, illegal software, viruses, or to distribute any other content that we deem inappropriate. You may not publish, post, distribute, disseminate, advertise or link to any: (i) content, site, topic, name, material or information which is inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content; (ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own or control such rights or have received all necessary consents for Your publication, distribution, or linking of such software and other materials; (iii) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs; (iv) software, content, other material or Web site that constitutes "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group.
2.10 Your delivery of emails in connection with any Excerpo® Mail is in full compliance with the CAN-SPAM Act of 2003
2.11 Any products or services advertised, sold or otherwise distributed by You on or in connection with any Customer Content are legal for sale or distribution; that you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law.
2.12 Send unsolicited bulk email, for commercial or non-commercial purposes. Unsolicited bulk email is defined as email sent to more than 10 individuals without their permission.
2.13 Sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent, obscene or pornographic; Nazi memorabilia; registered or unregistered securities; goods or services that You cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; or any other illegal activity.
3.1 You may terminate this Agreement at any time by sending an e-mail message to cs@excerpomail.com or by sending written notice to AIS Media C/O Excerpo® Mail, 7000 Central Parkway, Suite 1700, Atlanta, GA 30328. Correspondence must include your first name, last name, and Excerpo® Mail username. No refunds will be issued if you terminate this agreement unless directly specified in your agreement.
3.2 AIS Media may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Excerpo® Mail shall have no liability to you or any third party because of such termination. If AIS Media terminates this agreement because you violated the Anti-Spam policy, no refund will be issued.
3.3 AIS Media may delete any of your archived data within 30 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. AIS MEDIA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND AIS MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for AIS Media to use commercially reasonable efforts to adjust or repair the Services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL AIS MEDIA OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS, RESELLERS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "AIS MEDIA ") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF AIS MEDIA SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, AIS MEDIA IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF AIS MEDIA TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
7.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
7.2 AIS Media and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
7.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind AIS Media in any respect whatsoever.
7.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
7.5 The Agreement shall be governed by the laws of the State of Georgia, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Fulton County Atlanta, GA USA.
It is understood that in order to use Excerpo® Mail, a Windows PC with Internet Explorer 4.0 or higher must be used. Additionally, a stable connection to the Internet is required. Excerpo® Mail may work in a limited manner on Macintosh, UNIX, and other platforms, but there is no guarantee of functionality on non-Windows platforms. Additionally, Excerpo® Mail works in browsers containing versions 4.0 – 6.0 of Internet Explorer and Fire Fox 1.5 – 2.0.
9. Compliance Rules for Sending E-mail
All Excerpo® Mail customers must follow the rules of the federal CAN-SPAM act and Excerpo® Mail's Anti-SPAM policy when sending e-mail through the service. Accordingly, we require the following of e-mail messages sent through the Excerpo® Mail system:
These 3 guidelines will help ensure that Excerpo® Mail maintains its reputation and white-listing status with a number of major ISPs and white-listing programs. If at any time your campaign is flagged as SPAM by an AOL recipient, Excerpo® Mail reserves the right to cancel your account without notice.
10.1 Every email message sent in connection with the Services must contain an "unsubscribe" link or other mechanism that allows subscribers to remove themselves from your mailing list. Each such link must remain operational for a period of thirty (30) days after the date on which you send the message, and must be in form and substance satisfactory to Excerpo® Mail. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link.
10.2 You agree to import access or otherwise use only permission-based lists (note: purchased lists may not be used; please contact AIS Media if you have questions).
10.3 You cannot mail to distribution lists, newsgroups, or spam email addresses.
10.4 You are responsible for monitoring, correcting, processing unsubscribe requests within 10 days or prior to next mailing, and updating the email addresses to which messages are sent through your Excerpo® Mail account.
10.5 Emails that you send through the Service may generate abuse complaints from recipients. As a matter of privacy, Excerpo® Mail cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. AIS Media, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.
10.6 AIS Media, at its own discretion, may immediately disable your access without refund to the Services if AIS Media believes in its sole discretion that you have violated any of the email and permission practices listed above, or the AIS Media Anti-SPAM Policy.
