PLEASE REVIEW THIS END USER SERVICES AGREEMENT (THIS “AGREEMENT“) CAREFULLY, AS IT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “CUSTOMER“) AND ( ”WE“) WITH RESPECT TO YOUR USE OF ACTIVESOLOADS SERVICES AND APPLICATIONS (THE “SERVICES“). BY USING THE SERVICES, YOU AGREE TO BE BOUND BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU WILL NOT BE ALLOWED TO USE THE SERVICES.
- Services. The Services assist customers to distribute electronically customer-created content to our lists of subscribers, each of whom must have consented previously to the receipt of such content (“Recipients“).
- Professional Services. In addition to the Services, Customer may purchase certain services by making its selection therefor in accordance with the instructions posted at www.activesoloads.com (the “Professional Services“), which Professional Services may be customized pursuant to a mutually agreed upon written statement of work provided to Customer upon the earlier of its request or its selection of desired Professional Services (each, a “Statement of Work“). The Professional Services are provided by activesoloads.com separate and distinct from the Services and are not required for Customer’s use or enjoyment of the Services. In the event of any conflict between any term or condition set forth in this Agreement and in a Statement of Work, the terms and conditions of this Agreement shall govern, unless the parties expressly agree otherwise in such Statement of Work. Any Statement of Work may be modified or amended only with the written consent of each of activesoloads.com and Customer.
- Purchase. Pricing for the Services is based upon the Customer chooses to purchase as indicated on the landing page through which Customer subscribes to use the Service or in a negotiated sales order, as the case may be (in either case, the “Sales Order“). The Sales Order records Customer’s subscriber level, term, order fee, payment method and other account information.
- Fees and Payment. In consideration for the Services to be provided by activesoloads.com, Paid Fees are non-refundable. Customer acknowledges that from time to time, delivery of email messages sent using the Services may be blocked or prevented at destination email servers. Customer’s payment obligation set forth herein continues regardless of whether delivery of such email messages is prevented or blocked. In consideration for the Professional Services to be provided by activesoloads.com, if any, Customer agrees to pay the fees posted at www.activesoloads.com, set forth in the Statement of Work or as otherwise provided to Customer by activesoloads.com, (the “Professional Fees,” together with the Fees, the “Fees“). All Fees are exclusive of taxes, levies, or duties imposed by taxing authorities.
- Customer’s Recipient Data. In offering the Services, we may collect personal information about Recipients. activesoloads.com will not own any data, information or material that Customer submits to activesoloads.com in connection with the Services (“Customer Recipient Data“). Customer is solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Recipient Data, and Customer is responsible for maintaining, securing and storing all Customer Recipient Data in accordance with applicable law. Upon any termination or expiration of this Agreement and Customer’s payment of all unpaid and outstanding Fees.
- Customer Information. activesoloads.com will not collect or distribute any customer information in any mean or any way.
- Data Disclosures. Except as otherwise set forth herein, activesoloads.com does not disclose, sell or rent Customer Recipient Data or Customer Information (collectively, the “Data”), without Customer’s prior consent or unless required by order or other requirement of a court, administrative agency, or other governmental body or applicable law.
- No Tampering. Each email message that is sent using the Services must contain an “unsubscribe” link that allows Recipients to remove themselves from Customer’s mailing list and a link to activesoloads’ Policies.
- Confidential Information. Each of activesoloads.com’s Customer, as a Receiving Party (as defined below), will hold confidential, not use except as otherwise authorized herein, and protect from disclosure to unauthorized third parties the Confidential Information (as defined below) of the Disclosing Party (as defined below). For purposes hereof, “Confidential Information” means any information disclosed by one party (the “Disclosing Party“) to the other party (the “Receiving Party“) that relates to such Disclosing Party’s business affairs, internal operations, personnel, subscribers, customers, financial matters, technology, research and development, product plans or offerings, markets, or know-how. Confidential Information will not include information that: (i) was publicly available, or that subsequently becomes publicly available, except by wrongful disclosure hereunder by the Receiving Party; (ii) was in the Receiving Party’s possession prior to receipt of the same hereunder, as evidenced by the Receiving Party’s prior written records; (iii) was received from a third party who was not known by the Receiving Party to be under any obligation of confidentiality with respect to such information or to have violated any applicable law; (iv) can be proven by competent written evidence to have been independently developed by the Receiving Party; or (v) is approved in writing for release by the Disclosing Party. For purposes hereof, Customer Recipient Data and Customer Information are considered Customer’s Confidential Information. Nothing set forth herein shall be construed to prohibit activesoloads.com from disclosing Customer’s Confidential Information to any third party that has a need to know such information in connection with its performance of the Services.
- Third Party Products and Services. From time to time, certain third parties may offer products and services related to the Services (and the Professional Services, as applicable). Any subsequent business relationship, exchange of data or other interaction between Customer and such a third party, and/or any purchase, download or use by Customer of any product or service offered by such third party, is solely between Customer and such third party. Regardless of any recommendation by iContact or use of such third party products or services, iContact does not make any representations, warranties or guarantees with respect to any such third parties or any of their products or services. While iContact may rely on data or information provided or generated by such third party products and services in the course of providing the Services (and the Professional Services, as applicable), Customer hereby acknowledges that iContact specifically does not warrant the accuracy, reliability or completeness of any such data and information; and agrees that iContact shall not be liable for any acts or omissions based on its reliance thereon. Accordingly, Customer hereby releases and holds harmless iContact from and against any and all claims, losses, liability, damages, expenses, costs (including, but not limited to, reasonable attorneys’ fees) and/or actions arising therefrom.
- Disclaimer of Warranties. THE SERVICES (AND THE PROFESSIONAL SERVICES, AS APPLICABLE) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, activesoloads AND ITS AFFILIATES, RESELLERS, DISTRIBUTORS, AGENTS, DEALERS AND SUPPLIERS (COLLECTIVELY, THE “REPRESENTATIVES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NON-INFRINGEMENT, WITH RESPECT TO THE SERVICES OR THE PROFESSIONAL SERVICES. THE REPRESENTATIVES DO NOT WARRANT THAT THE SERVICES OR THE PROFESSIONAL SERVICES WILL MEET CUSTOMER’S REQUIREMENTS NOR DO THEY GIVE ANY WARRANTY ABOUT THE RESULTS THAT MAY BE OBTAINED BY USING THE SERVICES OR THE PROFESSIONAL SERVICES.
- Limitation of Liability. IN NO EVENT WILL activesoloads OR ANY REPRESENTATIVE BE LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SERVICES (OR THE PROFESSIONAL SERVICES, IF APPLICABLE), OR TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF USE, OR LOSS OF PROFITS, EVEN IF iCONTACT OR ITS REPRESENTATIVE HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHER, IN NO EVENT WILL iCONTACT OR ANY REPRESENTATIVE’S TOTAL CUMULATIVE LIABILITY TO CUSTOMER OR ANY OTHER PARTY FOR CLAIMS, LOSSES, OR DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, INDEMNITY OR OTHERWISE, ARISING OUT OF OR RELATED IN ANY WAY TO THIS AGREEMENT, THE SERVICES, OR THE PROFESSIONAL SERVICES, EXCEED THE ACTUAL FEES CUSTOMER PAID TO activesoloads FOR THE SERVICES DURING THE TWELVE (1) MONTH PERIOD ENDING ON THE DATE OF THE CAUSE OF ACTION GIVING RISE TO THE CLAIM, LOSS, OR DAMAGE.
- Governing Law. This Agreement will be governed by the laws of the BVI (British Virgin Island) as applied to agreements entered into and performed entirely within the State of British Virgin Island, except for those conflicts of law rules thereof that would require or permit the application of the laws of another jurisdiction. The rights and obligations of the parties under this Agreement shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
- Arbitration. Any dispute or controversy arising under, out of, or in connection with this Agreement shall be resolved by binding arbitration under the commercial rules of the American Arbitration Association before a single arbitrator. Any such arbitration shall be conducted in Raleigh, British Virgin Island. Judgment upon any award may be entered in any court of competent jurisdiction. The arbitrator shall be designated by mutual agreement of the parties or, if the parties cannot agree on an arbitrator within ten (10) days after a request for arbitration hereunder, each party shall designate one (1) arbitrator and the arbitrators so designated shall designate a third arbitrator who shall conduct the arbitration. The decision of the arbitrator shall be binding and conclusive upon the parties. Notwithstanding the foregoing, iContact shall have the right to seek injunctive relief or other equitable or legal remedies in a court of competent jurisdiction in the State of North Carolina, to which jurisdiction, for such purpose, Customer hereby irrevocably consents.
- Entire Agreement. This Agreement, the Policies and the Statement of Work(s), if any, constitute the entire agreement and understanding between activesoloads.com and Customer and supersede all prior and contemporaneous agreements, documents, and proposals, oral or written, between the activesoloads.com and Customer, except for any prior agreement addressing confidentiality, which will continue in effect according to its terms following the execution, performance and termination of this Agreement. At any time prior to, or during, its use of the Services, Customer may enter into certain other agreements with iContact which are subject, expressly or otherwise, to the terms and conditions set forth in this Agreement. In the event of any conflict between a term or condition set forth therein and herein, the term or condition which most favors iContact, as determined by iContact, shall govern.
- No Waivers. activesoloads.com’s failure to exercise any of its rights under this Agreement will not constitute or be deemed to constitute a waiver or forfeiture of such rights or of any preceding or subsequent breach or default.
- Consent to Use of Electronic Signatures and Records. As a convenience and courtesy to you, activesoloads.com provides access to its Services online which may require you to enter into agreements or receive notices electronically. Accordingly, you acknowledge and agree that by clicking “I Agree” or “I Accept” anywhere on the Site or by otherwise agreeing to the terms and conditions set forth in any agreement posted on the Site:
- you agree to conduct electronically the particular transaction into which you thereby enter including, without limitation, entering into this Agreement;
- you have read and understand the electronic copy of electronic contracts, notices and records, including, without limitation, this Agreement, the Policies and any amendments hereto or thereto;
- you agree to, and intend to be bound by, the terms of the particular transaction into which you thereby enter;
- you are capable of printing or storing a copy of electronic records of transactions into which you enter including, without limitation, this Agreement and any amendments hereto; and
- you agree to receive electronically information about the Services and other electronic records into which you thereby enter including, without limitation, this Agreement.
- Miscellaneous. Except as otherwise expressly set forth herein, this Agreement may be amended or modified only by activesoloads.com and may not be modified by course of conduct. The section headings used herein are for convenience only and will not be given any legal meaning. This Agreement is made for the benefit of the parties only and there are no intended third party beneficiaries.
This prohibited content and commerce statement is incorporated by reference in activesoloads.com end user services agreement posted at www.activesoloads.com (“EUSA”). activesoloads.com expressly prohibits the use of soloads’ services by any party that engages in, or posts on its website content that relates to, the provision, distribution, display, performance, solicitation, disclosure and/or sale or rent of (as applicable) any of the following (“Prohibited Content”):
- pornography, adult entertainment, nudity, prostitution or escort services; online gambling; federally regulated or otherwise illegal drugs or narcotics, or paraphernalia associated therewith; illegal or unlawful goods or services; act(s) of violence or commission(s) of crimes or illegal activities; products or services from an embargoed or blacklisted country, individual or entity; stolen goods; libelous, defamatory, scandalous, threatening or harassing acts; pirated computer programs; counterfeit or fraudulent products; instructions on how to assemble or otherwise make any weapon including bombs, grenades or firearms;
- mailing lists, distribution lists, newsgroups, or spam email addresses;
- content or material that exploits or is harmful to children under 18 years of age;
- any personally identifying information or private information;
- content that is: unlawful; grossly offensive, including expressions of bigotry, discrimination, prejudice, racism, hatred or excessive profanity; or obscene, lewd, lascivious, filthy, malicious, libelous, defamatory, excessively violent, defamatory, threatening, harassing or otherwise morally objectionable;
- viruses, worms, harmful or malicious code and/or Trojan horses;
- pyramid schemes, multi-level channel and/or network marketing opportunities, including, but not limited to personal work-at-home offers promoting “get rich quick,” “build your wealth,” and “financial independence” offerings;
- any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence; and
- content that violates or misappropriates any third party intellectual property, moral or privacy right.
As always, sending unsolicited commercial email or “Spam” is FORBIDDEN. See our EUSA and our Anti-Spam Policy and Spam FAQ for details. Content may be deemed Prohibited Content by activesoloads.com, in its sole discretion. In its sole discretion, activesoloads.com reserves the right to prohibit the use by any party of activesoloads’ services.
As direct e-mail marketing usage grows, so does its benefits and advantages. There are many advantages as well as disadvantages of Direct email marketing. Many marketers still prefer traditional marketing techniques such as electronic media coverage, Television advertisements and print media such as advertisements in newspapers, hard paper magazines, billboards etc. however, these marketing and advertising campaigns could only work with tangible products, goods and services that are working in an offline or brick and mortar environment.
Direct email marketing campaigns can certainly not work in an online setup. As part of utilizing such traditional campaigns, online marketers are now looking ways to integrate traditional as well as new marketing techniques in getting something for themselves.
Many research surveys show that around 50% of new entrepreneurs and business decision entrepreneurs are looking for ways in which they could directly communicate with their customers. One way to do so is by communicating through emails. The internet is a very powerful medium for successful businesses, and new entrepreneurs and website owners are now using the email facilities to work through their customers and directly talk to them in getting feedback, customizing their choices as well receiving the best possible feedback. When you are using Direct email marketing campaigns, you are not only saving costs and investments, but you are saving a lot of time, which could be utilized in other techniques such as finding more customers and using the social media to circulate your information about your company. You are saving a lot when you are using online media resources.
Direct email marketing is a very cost efficient tool for promoting and advertising your content. You are not only getting the perfect balance of not spending time and resources on building huge money investing campaigns, but you are also saving a lot in terms of outsourcing costs. What happens is that when you are using traditional marketing techniques, you first need to find a company or a consultant that will do the complete work for you. This takes time and huge amounts of investment. You not only need to invest something but you also need to compromise on many things such as advertisement ideas etc. you might have a different vision for your advertising and promotions campaign but your consultant might think completely different and opposite to what you want to do.
Therefore, in Direct email marketing you have the choice of controlling everything. From the time to choose the vendor by which you will post solo ads till the time of constructing a solo ad, you have complete control over your Direct email marketing campaign. You could even use your own social media skills and networks to promote your company.
Moreover the popularity of Direct email marketing could be seen from this that there is a complete official entity known as Direct Marketing Association. This association makes sure that you are doing your Direct email marketing campaign the correct way. Most companies look for ways to scan a user’s email address, therefore such as association has laid out proper rules and regulations.
By using Direct email marketing, you could even use customized data. For example, if you have a real estate business, and you are dealing with business to business customer, then you must be having a very small target audience. For this purpose, you could email them on a personalized manner. You could start by addressing them from their complete names and speaking to them directly (maybe in virtual world) in terms of correspondence. When you are using Direct email marketing, you have instant replies and delivery notifications. Therefore, it makes it easy to keep a track of your customer.