Ecommerce Should be EZ

You can build an e-Biz
We'll show you how!

Logo   Ecommerce Should be Easy

GENERAL ACCEPTANCE
Account holder is defined as the individual that is registered as the "Contact" within the EzineDesigner.com service. The registered account holder is defined as the "User" from here forth. User must be an individual not a group, dummy, or role account. User is responsible for all actions, additional/sub users, and lists within the account. The User and List Owner should be the same. However, under certain circumstances a User may be an Acting Agent of a List Owner. Acting Agent is defined by EzineDesigner.com as an assistant, representative, or technical helper of a List Owner, and for EzineDesigner.com's purpose is also consider the User. In these cases User accepts full responsibility of the lists being imported to his/her EzineDesigner.com account regardless of legal list ownership. User accepts full responsibility of and must abide by the EzineDesigner.com Terms of Use referred to as the "TOU" from here forth. Use of EzineDesigner.com service indicates acceptance of the TOU. If User does not accept TOU, use of EzineDesigner.com must be immediately discontinued and account cancelled by the User.

DATA INTEGRITY
EzineDesigner.com does not guarantee data integrity. User should not rely solely upon EzineDesigner.com for a copy of a data file. It is highly recommend by EzineDesigner.com that the User retain and constantly back up the data file managed within EzineDesigner.com. With that said, EzineDesigner.com does maintain redundancy on many different levels including drive array and daily database back up to preserve data upon unforeseen incidents. Drive array is intended to avoid data loss in event of a drive failure. Under normal circumstances one drive failure will not affect data or bring down the service. In fact, drive failures are inevitable and do occur on a regular basis. Back up of the data is intended to minimize loss in circumstances where the array system has no use (e.g. data corruption, mother nature, fire, terrorism). A back up occurs every day on a dedicated array system and is alternated between multiple mediums to provide further redundancy of the back up copy.

SUBSCRIPTION PERMISSION
(a) Each email address imported must be a subscription granted by the email address owner to User for specified publication, announcements, and/or ad campaigns. Type of content and frequency should also be enounced to the email address owner at point of subscription.

(b) No email address imported can be purchased from a third party, regardless of the seller's claim of "opt-in" status. The email address owner on a list must have volunteered his/her email address directly to User as a subscription.
[ Note: Most purchases of email lists are bad news and produce a high percentage of complaints. The reason is simple. The email address owner volunteered information to one company who then sells the subscriber as opt-in to another company. The subscriber opting-in to one database can only be considered opt-in for that one database. A company purchasing such a database can not claim it has an opt-in list, as the recipient did not opt-in to the purchasing company's list, database, and/or newsletter. If you believe you have an exception to this rule, please call for verification.]

(c) Each email address imported AFTER the initial import must be volunteered by the email address owner directly to User. It is ideal for the email address owner to submit his/her own email address through the subscription form provided by EzineDesigner.com, as the subscriber's IP address can be captured. However, publishers may continue to import addresses manually. In that case, it remains the Users responsibility to assure each imported address is directly volunteered by the email address owner.

(d) EzineDesigner.com DOES NOT require reconfirmation of User's recipients, since EzineDesigner.com requires the intended recipients must have previously volunteer the email address for subscription.

This Term is crucial for both User and EzineDesigner.com. When it comes to email many ISPs take the approach of guilty until proven innocent. As you are likely aware, unsolicited email laws are becoming very strict along with high fines. EzineDesigner.com often receives legitimate subscriptions being reported as unsolicited. Since knowledge is power, we suggest a review of the Spam Laws . Remember, email is usually world wide, so you may be sending to recipients in other countries or states that have different "spam laws" compared to your own location.

UNSOLICITED EMAIL
EzineDesigner.com DOES NOT allow unsolicited email and is not to be used as a distribution vehicle for unsolicited email. Any attempt to do so may result in, but not limited to, prosecution under California State Law or US Federal law, civil liability, and complaint processing fees. WE STRICTLY ENFORCE THIS TERM.
[ Note: Email lists that have been purchased from a third party are almost always consider unsolicited, regardless of the selling or buying party's claim. The bottom line, if the email address owner (i.e. intended recipient) has not directly given permission to the sending party (i.e. User) then the email is unsolicited.]

LIST OWNERSHIP
EzineDesigner.com does not at any time own or retain rights to the User's email list. Furthermore, EzineDesigner.com does not for any purpose insert advertisements, sell, or disclose to third parties User's email list. EzineDesigner.com's sole purpose and business model is to manage, broadcast, and monitor email subscriptions on behalf of the User.

MAINTENANCE & DOWNTIME
Maintenance and/or downtime can come in multiple forms and a refund or credit is not given for such outages or maintenance.
a) Scheduled maintenance is typically announced on the website with advanced notice estimating length, day, and time of downtime. This sort of maintenance normally occurs at off peak hours to have minimal amount of impact. Ideal time frame is a few hours.
b) Unscheduled maintenance may occur at on or off peak hours depending on the urgency and/or necessity of the issue. This sort of outage is addressed as it occurs and estimated time of completion can not be offered until the issue is diagnosed or resolved. (Note: It is the number one priority to insure maximum uptime coupled with the reliability that comes along with that. All systems are monitored 24/7 for number of outage, error, and security possibilities, and management is instantly notified if such issues. If the system is down, it has been reported and the process of resolving the issue has begun. Along with monitoring and quick response capability, we employ redundant systems for every aspect of service, i.e. power outage, disk/software/hardware failures, and ISP outage.)

FEATURES & MODULE UPDATES
EzineDesigner.com reserves the right to add or eliminate features at its discretion. (Note: This is the most common type of maintenance, which typically goes unseen. EzineDesigner.com updates features and deals with minor issues on a per function basis and is normally resolved in less than an hour, while the remainder of the website can be utilized as normal. Since this sort of maintenance is likely to be resolved within minutes, an announcement or schedule of maintenance does not occur.)

MODIFICATION OF TERMS AND ACCOUNT
User understands EzineDesigner.com reserves the right to modify any of the terms and conditions contained in this Contract, at any time and in our sole discretion, by posting a change notice or the new policy on the EzineDesigner.com website. If any modification is unacceptable to User, only recourse is to terminate the use of EzineDesigner.com. Continued participation following 10 days after posting of a change notice or new policy will constitute binding acceptance of the change.

ACCOUNT DISCONTINUATION
a) EzineDesigner.com reserves the right to suspend, block, or discontinue access or service of EzineDesigner.com's resources and systems to any client for any reason at any time.
b) User may also discontinue use of EzineDesigner.com at any time by selecting the Cancel Account feature within the Control Panel. For security and proof of cancellation it is required a cancellation request be made through the online Control Panel using the aforementioned feature. Cancellation takes place instantly and the account is taking offline immediately. (Note: Cost is incurred for the month in which an account is cancelled. Billing occurs the first week of every month for the prior month's use. Therefore, last payment will come after cancellation.)

CONFIDENTIALITY
The User and EzineDesigner.com agree and acknowledge that, as a result of negotiating, entering into and performing this Agreement, each party has and will have access to certain of the other party's Confidential Information (as defined below). Each party also understands and agrees that misuse and/or disclosure of that information could adversely affect the other party's business. Accordingly, the parties agree that, during the Term of this Contract and for a period of one (1) year thereafter, each party shall
(a) use and reproduce the other party's Confidential Information only for the purposes of this Contract and only to extent necessary for such purpose;
(b) restrict disclosure of the other party's Confidential Information to its employees, consultants or independent contractors with a need to know and
(c) not disclose the others party's Confidential Information to any third party without prior written approval of the other party. Notwithstanding the foregoing, it shall not be a breach of this Contract for either party to disclose Confidential Information of the third party if required to do so under law or in a judicial or other governmental investigation or proceeding, provided the other party has been given prior notice and the disclosing party has sought all available safeguards against widespread dissemination prior to such disclosure.

DISTRIBUTION & SERVICE FEES
User understands and agrees to the following fee and structure, which may be incurred by using the EzineDesigner.com service.
a) EzineDesigner.com IS NOT a free service by default.
b) A version must be selected and conditions met in order to qualify for the selected version. This is a mandatory selection in which all account holders must go through, so it is impossible to be unaware of the fee structure unless you choose not to read the details of the plan. Detail of each version is provided in the Version section.
c) Disputing fees with the defense of ignorance is not supported by EzineDesigner.com nor your credit card company, since we provide ample explanation of service fees and require account holders to read them before using the service. If you wish to dispute fees, please call EzineDesigner.com in attempt to resolve the matter amicably.
d ) Delivery fees may be incurred in addition to a minimum service fee. See the current price chart in the Pricing section.
e) Real-time cost of campaigns may be viewed in the My Billing > Balance Sheet section within the Publisher Control Panel.
f) Complaint Processing Fees may be incurred in addition to the above fees. See the Complaint Processing Fee term for details.

COMPLAINT PROCESSING FEE
User understands EzineDesigner.com may impose a complaint processing fee for each legitimate unsolicited email complaint.
1) This fee is $2 per one weight.
2) Fees are incurred when an account complaint weight is equal to or greater than twenty during a single billing period (one month), which is the 1st of the month to the last day of the month. This allowance is ample for 99.9% of our Users.
3) For fairness complaints are weighed based on many factors which include source and timeliness of report to name a few.
4) All complaints may be disputed by a recipient retraction or original subscription data, including when the subscription was added, where and through what means (e.g. URL, event, signature card), and proof of permission by the recipient (i.e. signature, personal information, IP address).

Unfortunately, this fee is absolutely necessary as attempts to use EzineDesigner.com for unsolicited distribution are abundant and continuous. This fee weeds out potential unsolicited emailers and reassures our customers EzineDesigner.com is serious about unsolicited email distribution attempts through its systems. This feature will reward valid Users and keep delivery rates high, as system wide blocks by networks and ISPs are drastically minimized due to this proprietary methodology.

BILLING PROCEDURE
Billing is accomplished on the 1st of every month for the previous month's use of EzineDesigner.com. You may review the Balance Sheet (i.e. My Billing > Balance Sheet ) in the Publisher Control Panel for real-time billing info. All payment is made through a credit card, which will need to be on file in the My Billing section.
[ Note: If you have special circumstances like high delivery volume (one million emails or more per month) or your company does not maintain a credit card please contact us directly to discuss your circumstances.]

URL REPLACEMENTS
User understands original URLs in text and HTML copy may be replaced with tracking URLs at the User's discretion. This feature is off by default. HTML URL replacement will go unseen by recipients, but text will be seen. Tracking URL feature is optional. See List Options > Edit section for details.

(a) User understands it is his or her duty to prepare for such replacements in a text ad copy.

(b) User understands tracking link will be at least 48 characters in length (likely in the 50 character range), and to prepare an entire line should be left free for URL replacement within the text ad copy.

(c) User understands any URL beginning with "http://" in a text newsletter will be consider an active URL and will be replaced with a tracking URL, assuming the Tracking URL feature is on. Also, any active URL within an HTML copy will be replaced by a Tracking URL within the HTML code.
[ Note: HTML URL change goes unseen by recipients, as it is within the HTML code.]

(d) User understands names ending with domain extensions will not be replaced within a text newsletter, as long as the "http://" is not included (i.e. ezinedesigner.com would not be replaced but http://ezinedesigner.com would be).

SEVERABILITY
If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Any waiver, amendment or other modification of this Contract will be effective only if in writing and signed by both parties.

Providing false, misleading, or inaccurate information will constitute as fraud, which is punishable by law. The terms, policy, and rules of this document must be followed for the lifetime of the Agreement. EzineDesigner.com reserves the right to cancel this Agreement at any time for any reason. If any the terms or policies are broken or misconstrued by the User this will constitute as a breach of contract.

In the Event of breach of this contract by the either party which results in the filing of suit by the other for monetary damages, then the breaching party shall be responsible for any and all costs and expenses, including but not limited to attorney's fees and Court costs incurred by the non-breaching party, in conjunction therewith.

SUBSCRIPTION CANCELLATION
EzineDesigner.com's subscription removal function must be included and utilized with all campaigns. Recipients may not be pointed to a third party subscription cancellation system or method. EzineDesigner.com's removal system will automatically manage subscription remove requests, and those requests may be downloaded in file format or reviewed in the Campaign Results section.

CONTENT LANGUAGE
User understands content must be typed in the English language unless otherwise accepted by EzineDesigner.com. Any content representing an alternative language other than English is approved on a campaign by campaign basis. This is due to the fact default notifications and subscription removal functions are in English. Customization of each of these features is available and should reflect the language understood by the intended recipients.

ACCEPTABLE CONTENT
EzineDesigner.com reserves the right to deny or approve content for any campaign, list, or account. This includes but not limited to content that is sexually explicit, legally questionable, or spammy in nature (e.g. requesting recipient's permission, common phrases/products/words). CAMPAIGN DEADLINE
User may schedule distribution for any time or day of the week. Deadlines are imposed approximately ten minutes prior to the scheduled campaign delivery time. Any edits of content or cancellation of a campaign must occur prior to this deadline. Any edit or cancellation request after this deadline is not guaranteed available or accurate. DELIVERY TIME
User understands delivery time can be scheduled, but is only an estimated distribution time and may be delayed for several reasons including but not limited to downtime, maintenance, and account or list approval process. EzineDesigner.com does not guarantee precise, accurate, or immediate distribution. However, approved campaigns are typically delivered within thirty minutes of the scheduled distribution time. If it is essential to hit a deadline, it is suggested the campaign be scheduled in advance and prior to your deadline.
APPROVAL PROCESS
User understands each account and list must go through an approval process in which many aspects of the account are scrutinized to reassure the integrity of the list, account, and EzineDesigner.com's network. The approval process may delay a campaign or result in denial of service and is the sole discretion of EzineDesigner.com. AUTHORIZED USERS ONLY
User understands EzineDesigner.com service is provided to assist operation of User's email list. User's right to use EzineDesigner.com is personal to User. User allowing access of the account to others is the sole responsibility of the User.

PROHIBITED USE
As a condition of use of EzineDesigner.com, warrant to EzineDesigner.com that User will not use EzineDesigner.com for any purpose that is unlawful, or prohibited by these Terms of Use and Notices or the Additional Terms (as may be modified from time to time). In addition, User may not use the products or services provided through or in connection with the Company to:
(a) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(b) conduct or forward illegal contests, pyramid schemes or chain letters;
(c) publish, post, distribute, disseminate or link to any: (i) software or other material protected by intellectual property laws, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials; (ii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another's computer (e.g., "cracks" or other programs written to defeat the security measures of any computer, system or programs);
(d) sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: pornography, gambling, firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, any goods or services that infringe or otherwise violate a third party's rights, registered or unregistered securities, goods or services that (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) if sold via the list management system or User's website would cause EzineDesigner.com to violate any law, statute or regulation;
(e) violate any applicable governmental laws or regulations.

EMAIL DISTRIBUTION LAWS
User must comply with all local and governmental laws that pertain to email distribution related to the locale distributing from and sending to including but not limited to spam, unsolicited, bulk, commercial, electronic distribution/email laws.