Design Logix Email Marketing Terms and Conditions by kellena97


									Email Marketing Terms and Conditions
The terms and conditions in this agreement (the "Agreement") will govern your (the
"User") access to Design Logix’s Email Marketing services and your use of the data you
obtain by use of the services (the "Service"). Design Logix Limited (the "Company") grants
to the User a non-exclusive right during the term of this Agreement to use the Service
pursuant to the terms and conditions set out herein. Your use of the Service confers no
title or ownership in the Service. All ownership rights remain with The Company or its
third party suppliers, as the case may be. This Service may not be used for the sending of
unsolicited email. The following are the terms and conditions for use of the Service. By
signing-up or by logging in to Design Logix's Email Marketing Service, you accept these
terms and conditions and our anti spam policy.

Service and Support
The Services are provided subject to this Agreement, as it may be amended by The
Company, and any guidelines, rules or operating policies that The Company may establish
and post from time to time, including without limitation The Company's email Privacy
Policy (the "Policy") (unless otherwise stated, all references to the Agreement shall
include the Policy). The Company offers its services on an "as is" basis. Through the
Services, Design Logix provides marketing tools, information, information management
and storage and support. Users can create and send email campaigns using the tools to
distribute content supplied by the User to email addresses also supplied by the User. The
User acknowledges that The Company does not create any content and that The
Company is not the author or the publisher of any campaign. The Company reserves the
right, but is not obligated to, review and approve any content posted by Users. The
Company disclaims all copyright and other rights in such content and all responsibility for
them. The Company retains the right to cancel and delete any campaign violating its
Terms and Conditions. The Company reserves the right to amend or update these rules at
any time without notice to the User by posting the latest End User License Agreement to
its web site. All such changes shall become effective upon posting of the revised
Agreement on the Service.

Subject to the terms and conditions of this Agreement, The Company hereby grants to
the User a limited, non-exclusive and non-transferable right to access and use Design
Logix's Email Marketing services in accordance with the specific limitations set forth in
this Agreement and in any applicable Exhibit provided that an order for Design Logix's
Email Marketing services has been accepted by The Company. Unless expressly provided
in any applicable Exhibit, Design Logix shall be hosted and served and executed solely by
a server under the direct supervision and control of The Company or its contractors. The
client shall not receive a copy of Design Logix's Email Marketing services, nor have any
other rights to Design Logix other than those granted under this Agreement.

You must complete the registration form on the Sign Up 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
email address for your Design Logix account. You are responsible for maintaining the
security of your account, passwords, files, and for all uses of your account and of the

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Services in your name. The Company reserves the right to refuse registration of, or
cancel, accounts it deems inappropriate.

By permitting direct email campaigns, The Company makes no warranties or
representations of any kind as to the accuracy of the content, legality or suitability of the
subject matter. The Company specifically disclaims liability for direct, consequential or
incidental damages arising from such campaigns. By posting an email campaign from
Design Logix, Users warrant that the content is true, and that User will indemnify The
Company against any and all, direct, indirect or consequential claims and alleged claims
that may arise from User's use of the Services. Users will also indemnify The Company in
the event that The Company shares the User's name with third parties for violations of
the Terms and Conditions. By using the Services, the User is giving The Company
permission to copy and/or store User content, contact lists and other information. The
Company will not use the User content, contact lists or other User information for any
purpose that violates its Privacy Policy. The Company reserves the right to amend its
privacy policy from time to time without notice to the User by posting the updated
Privacy Policy to its web site.

You acknowledge that from time to time delivery of email messages sent through Design
Logix's Email Marketing services may be blocked or prevented at the destination mail
servers. You are responsible for monitoring, correcting and updating the email addresses
to which messages are sent through your Design Logix's Email Marketing service account.

As part of the Services, The Company will use reasonable efforts to ensure posting of the
User campaign at the scheduled time. However, The Company reserves the right to alter
the time and date of delivery of the campaign and the delivery of the results without
prior notification to the User of such a change. The Company also reserves the right to
limit the number of emails that can be sent, per campaign, at any time. The Company will
make Technical Support available to the User by telephone and email during working
hours. If, for any reason, there is a need for the Services to be unavailable for more than
12 hours, due to routine maintenance or for any other reason out side The Company's
control, The Company will give reasonable advance notification at the earliest possible
opportunity and discuss suitable options to minimize the downtime. The Company may
store User information, content, contact lists, emails, campaign activity statistics, reports
and other information in its databases for the User. The Company reserves the right to
establish general practices and limits concerning the use of the Services, including
without limitation the maximum number of days that information is stored, the
maximum amount of disk space that will be allotted to each User, the maximum size of
campaigns sent through Design Logix's Email Marketing services, the scheduled time of a
campaign and the maximum number of occasions that the User may access the Services
in a given period of time. The Company has no responsibility or liability for the deletion or
failure to store any messages, content or other information maintained or transmitted
through the Services. At any time The Company may determine that User information can
no longer be stored by The Company or deem User information to be inappropriate and
remove it from its databases with or without notice to the User. If the User does not log
into its account for more than 90 days, if the User does not pay for the services, if a User
account is terminated for breach of this Agreement, or if the User fails to remedy any
breach as notified by The Company, the account will become inactive. When an account
is inactive, at The Company's sole discretion, The Company may notify the User by email.
Inactive accounts have 30 days to become active after notification or the account and its
data may be permanently removed from the Design Logix's Email Marketing databases.
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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 a User does not qualify, do not attempt to use the
Services. You will provide true, accurate, and current information about yourself as
requested by the sign-up, registration or billing process. The Company may refuse to offer
the Services to any person, corporation or organization and may change the criteria for
eligibility, at any time, in its sole discretion. The Company retains the right to terminate
your account and your rights to use the Services if there are reasonable grounds to
believe that any data you provide is or becomes untrue, inaccurate, not current or
incomplete, or if you are in breach of the Terms and Conditions.

Charge for Services
The Services are charged according to the pricing plan selected and agreed upon by the
User. All prices are in GB Pounds sterling. The Company reserves the right to modify or
otherwise alter these plans, add new types of plans or vary the pricing at any time. These
changes will be available to the User on the Design Logix website. The User is responsible
for reviewing the pricing and remaining aware of the fees charged by Design Logix.

The User is responsible for maintaining confidentiality of its username and password.
Furthermore, the User is entirely responsible for any and all activities that occur under its
username and password. The User is to immediately notify Design Logix of any
unauthorized use of the account or any breach of security. The User may change their
password at any time by following instructions in Design Logix. The User hereby authorize
Design Logix to rely on any data, notice, instruction or request furnished by the User to
Design Logix, or that Design Logix reasonably believes to have been furnished by the
User. The Company is not responsible for fraud of participants or of other users of the
Users account.

Modifications to the Services
The Company reserves the right, as reasonably necessary or convenient for The
Company's own purposes or to improve the quality of the Services, to change rules of
operation of the Services, accessibility periods of the Services, Customer identification
procedures, types of equipment utilized by The Company, system interfaces, operating
and other system and network software, utilities, and database software, and to
implement enhancements or updates to the Services.

Upon registration and payment of appropriate fees, The Company for the specified
period from the date of registration of the Services will make available to the User
technical support in the manner and under the guidelines set forth in the Agreement,
which may be modified from time to time by The Company at its discretion without
notice. The Company may, from time to time, revise or update the Service. In so doing,
The Company incurs no obligation to furnish such revision or updates to the User.

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Updates and further support terms are available to the User on the same basis as The
Company makes them available to its other Users at then current prices.

As part of evolutionary development, The Company may, at its sole discretion, provide
new releases of the Services to Users with current Agreements. The Company reserves
the right to set new fees for new functionality that might be offered to the User as a part
of such new releases of the Service.

The Company reserves the right to modify or discontinue the Services, temporarily or
permanently, with or without notice to the User and The Company is not obligated to
support or update the Services. The Company will not be liable to the User or any third
party in the event that The Company exercises its rights to modify or discontinue the

Restrictions and Responsibilities
The User represents, warrants, covenants that use of the Services will only be in
compliance with this Agreement and all applicable laws.

With regard to email campaigns, the User specifically agrees not to use the Services to:

Send Unsolicited Commercial E-Mail (UCE) or SPAM through Design Logix's Email
Marketing services. Any client found to be using Design Logix's Email Marketing services
for or SPAM is subject to services termination and potential legal action.

Harvest or otherwise collect information about third parties, including e-mail addresses,
without the express consent of such third parties;

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;

Violate any applicable government laws or regulations.

Defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or
otherwise violate or infringe the legal rights (including the rights of privacy and publicity)
of any other person;

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Conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited
or unauthorized advertising, promotional materials, unsolicited e-mail (including
"spamming") or multi-level or illegal marketing campaigns;

Sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for
marketing, sales, promotion, facilitation or distribution of: firearms; explosives;
ammunition; 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;
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; goods or
activities that if sold via any Design Logix's Email Marketing services or Your Web site
would cause The Company to violate any law, statute or regulation; or any other illegal

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: (I) Sublicense, transfer or otherwise
convey the Services to any third party; (ii) modify or create derivative works of the
Service; (iii) reverse engineer, disassemble or otherwise reduce the Service to human-
readable form; (iv) remove any proprietary notices or labels from the Services or any
Software; (v) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to
the Services or any Software. 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. You agree you will not access or
otherwise use third party mailing lists in connection with preparing or distributing
unsolicited email to any third party. You hereby agree to indemnify and hold harmless
The Company against any damages, losses, liabilities, settlements, and expenses
(including without limitation costs and reasonable legal 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. In addition, you acknowledge and agree that The
Company has the right to seek damages when you use the Services for unlawful
purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this
Agreement, and that such damages may include, without limitation, direct, indirect,
special, incidental, cover, reliance and/or consequential damages. Although The Company
has no obligation to monitor the content provided by you or your use of the Services, The
Company 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.

Every email message sent in connection with the Services must contain an "unsubscribe"
link that allows visitors to remove themselves from your mailing list. You acknowledge
and agree that you will not remove, disable or attempt to remove or disable this link. You
agree to only import permission-based lists. If you have used the Design Logix "Double
Opt-In" feature that allows you to request a recipient to confirm that you have his or her
permission to send emails to him or her, and such recipient has not responded or does
not respond affirmatively to such request for confirmation, you agree that you shall not
send emails through Design Logix to such recipient. You cannot mail to distribution lists,
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newsgroups, or spam email addresses. You cannot copy a Design Logix template and use
the design for purposes other than sending emails from Design Logix. The Company, at its
own discretion, may immediately disable your access without refund to the Services if
The Company believes in its sole discretion that you have violated any of the restrictions
listed above.

For every email message sent in connection with the Services, you acknowledge and
agree that the Services may automatically add an identifying footer stating "Powered by
Design Logix Email Marketing Services" or a similar message. You agree to cooperate with
and provide reasonable assistance to The Company in promoting and advertising the

You will adopt and maintain the email Privacy Policy which may be modified by The
Company from time to time.

Our license agreement gives us the right to publish the names of any customer who has
been terminated because of spam complaints. We share this information with other
permission-based providers to reduce the probability that the abuser will simply take
their business to another provider and get past their controls.

Anyone found in breach of these restrictions will find their account terminated
immediately without warning and without refund of any monies paid.

Proprietary Rights
The Company retains sole rights and ownership of all code, text and graphics used in the
Service (including goodwill). Should agreement be terminated by either party the User
will own full rights to their own list data held in the Design Logix database which can be
transferred to the User at no penalty, provided that there are no outstanding sums of
money owed to The Company.

The User guarantees that any element of text, graphics, photos, designs, trademarks, or
other artwork stored or transmitted by the User, are owned by the User, or that the User
has permission from the rightful owner to use each of these elements, and will hold
harmless, protect and defend The Company from any claim or suit arising from the use of
such elements by the User.

The Company does not claim ownership of the materials the User provides to The
Company or that the User inputs in connection with the Users use of the Services.

You acknowledge and agree that the Services and the Design Logix company names and
logos and all related product and service names, design marks and slogans, are the
property of The Company 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 The Company. 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 The Company or its third party suppliers, as the case may be.

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You may terminate this Agreement at any time by sending an email message to or by sending written notice to Design Logix Web Studios, 4th
Floor, Knowledge Transfer, Media Factory, UCLAN, Preston Lancashire, PR1 2HE. There
are no refunds for any fees paid.

The Company may terminate this Agreement or the Services at any time with or without
cause, and with or without notice. The Company shall have no liability to you or any third
party because of such termination.

The Company will 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.

In the event that The Company terminates the Agreement, no Termination Fees are due.

The termination of the Agreement by either party will not affect the User's obligation to
pay the charges incurred for services consumed and any fees due and payable, under the
termination clause of this contract. User will pay any outstanding fees under any Plans
due to Design Logix by credit card immediately upon termination by the User.

Modification of Terms and Conditions
The Company may, at any time and at its sole discretion, modify the terms and conditions
of this Agreement. Any such modifications will be made available online and will be
effective immediately upon posting to Design Logix website. User agrees to assume
responsibility for periodically reviewing this Agreement. By continuing to use the Service,
following the initial posting date of modifications made by The Company, User agrees to
be bound by the Agreement as amended. User may terminate this agreement in
accordance with Section 8.

All contents of the Design Logix Service are the copyright of The Company 2008

Disclaimer of Warranties
The Company does not warrant that the functions contained in the Services will be
uninterrupted or error-free. Whilst The Company will endeavour to ensure the Service
has undergone full testing, in no event will The Company be liable to the User or any third
party for any damages, including, but not limited to service interruptions caused by Acts
of God or any other circumstances beyond our control, any lost profits, lost savings or
other incidental, consequential or special damages arising out of the operation of or
inability to operate the Service, failure of any service provider, of any
telecommunications carrier, of the Internet backbone, of any Internet servers, your or
site visitor's computer or Internet software, even if The Company has been advised of the
possibility of such damages.

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At The Company's request, the User agrees to defend, indemnify and to hold harmless
The Company, its officers, directors and employees from any claims arising from the
User's use of the Services or the User's breach of the Terms of service, including, without
limitation, claims of copyright infringement, patent infringement, misappropriation of
trade secrets, libel, slander, trade libel, defamation, harassment, invasion of privacy or



Your sole and exclusive remedy for any failure or non-performance of the Services shall
be for The Company to use commercially reasonable efforts to adjust or repair the

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.

These terms and conditions represent the complete, final and exclusive agreement
between The Company and the User, and supersede and merge all prior oral, written or
electronically transmitted agreements, representations and understandings between The
Company and the User.

English Law will govern this Agreement. If any of the provisions of this Agreement is
determined by a court to be void, invalid, unenforceable or illegal, the enforceability of
the other provisions of this Agreement will not be affected.

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