IT IS IMPORTANT THAT YOU READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS WEB SITE OR BEFORE USING THE SERVICES. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE OR YOUR LAST USE OF THE SERVICES. BY USING THIS WEB SITE OR USING THE SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE, INCLUDING, YOU AGREE TO CHECK FOR UPDATES TO THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN DO NOT USE THIS WEB SITE AND DO NOT USE THE SERVICES.
EnSpot.com, Inc. (the "Company") provides businesses and organizations with email marketing and related services under a variety of brand names (the "Services").
The following are the Terms and Conditions of Use for using this web site and using the Services. By logging in to the Services, by using this web site or by using the Services, you accept these Terms and Conditions of Use.
The Services are provided subject to these terms and conditions of use, and any guidelines, rules or operating policies posted on the Company's or the Service's web site, including without limitation the Anti-Spam Policy, and any Fee Schedule, as may be agreed to, posted or amended by the Company from time to time, which are incorporated herein by reference (collectively, the "Terms and Conditions of Use" or "Terms of Service" or "Terms"). The Company may modify these Terms and may discontinue or revise any or all other aspects of the Services in its sole discretion by posting updated versions of the Terms on the Company's or the Service's web site, or updating features related to the Services irrespective of the listing or description, or otherwise providing notice to you. Except as otherwise provided, all such changes shall become effective upon the posting of such revised Terms on the Company's or the Service's web site or updating such features related to the Services. 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, you are not permitted to use the Services. If you are using the Services in your capacity as an employee, you must have the ability to bind your employer by your use of the Services. You must complete the registration form on the Service's registration page in order to use the Services. You may need to register separately for certain Services. You shall, and you certify that you will, provide true, accurate, current, and complete information to the Company in the registration form, in the CAN-SPAM Act required fields, and at all times during your use of the Services. Service personnel may from time to time access systems related to the services for the purpose of troubleshooting issues that arise in your use of the Services and you hereby waive any claim for damages from any problems that may arise from such access, including without limitation any disruption or damage caused by such personnel.
If you are accessing or using the Services through a third party service or web site (a "Third Party Service"), you agree and acknowledge that the Company is not responsible or liable for any actions of such third party, or for any aspect or result of such Third Party Service, and your use such Third Party Service is at your own risk. You further agree and acknowledge that the Company may terminate such Third Party Service's ability to interact with the Services at any time, with or without notice, and in the Company's sole discretion, with no liability to you or to such third party.
In consideration of the mutual covenants and consideration herein contained and exchanged, the adequacy of which are hereby acknowledged, you hereby represent, acknowledge and agree that:
Free Trial or Other Promotion. The Services may be subject to a free trial or other promotion. Once you have completed or exceeded the terms of the promotion, the regular service fees will apply.
Service Fees. The Services are subject to regular service fees in accordance with a published fee schedule, service plan, subscription plan, or pricing tier, and any related policies or promotions (the "Fee Schedule"). Depending on the Fee Schedule you select, the service fees may be based on the highest number of unique email addresses in your account for the applicable month, or the total number of emails sent during the applicable month, or based on the average number of emails sent, or a custom structure, or a combination of structures. If you exceed the limits of your service plan, additional fees may be incurred pursuant to the Fee Schedule. If you select certain additional products or services, you will be billed for such products and services as according to the related Fee Schedule, which shall also be subject to these Terms. The Fee Schedules are subject to change from time to time at the Company's sole discretion, which would apply when the term of your current Fee Schedule expires. The Company will use good faith efforts to notify you in advance of any change that may affect the fees billed, however, you are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees to be charged. Any actions taken by you in an attempt to circumvent the Fee Schedule and billing procedures are prohibited.
Payments. Fees will be billed monthly, or your pre-paid account may be debited monthly, even if you are not actively using the Services, pursuant to the Fee Schedule. Certain Services may be billed at the point of purchase. Fees are due when billed, or if you have established credit with the Company in writing, fees are due pursuant to the terms of the credit. All amounts are due and payable in U.S. Dollars. Any amounts past due to the Company shall accrue interest and/or late charges at the highest rate allowed by law until paid. Payments returned as insufficient funds, charge backs, etc., will be charged a service fee the greater of $25 or the highest rate allowed by law. Foreign checks will be charged a $25 service fee plus any bank charges. Certain payment methods may require payment of a processing fee which will be disclosed in advance if applicable. Access to the Services, or certain features within the Services, may be disabled until payment is received.
Closing an Account. To close an account, use the tool provided within the Services (if applicable), or email support@emsvc.com from the email address of a designated administrator of the account with written instructions to close the account. On any account that does not require a monthly payment, after one (1) year of not logging into the account, the account will be closed. On any account that is past due, the account may be closed. Upon closing an account, the data may be archived for up to one (1) year. A fee may be charged to recover archived data. After the archive period, the data will be deleted and no longer accessible.
This web site, and the information which it contains, is the property of the Company and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Company service names or logos may appear in this web site or within the Services, and the absence of displaying or listing a service name or logo does not constitute a waiver of the Company's trademark or other intellectual property rights concerning that name or logo.
The Services may only be used to send email to recipients that have provided affirmative consent to the sender and all email sent via the Services must comply with the United States Federal CAN-SPAM Act and any other local laws that apply to the Sender. The Company actively monitors use of the Services, and may disable access to the Services, or use of features of the Services, or remove emails from the Service, or terminate Services, if it suspects a violation of this policy, or tampering with the Services, in its sole discretion. If you suspect a violation of this policy, please contact us immediately here.
What is affirmative consent?
"Affirmative consent" means that the recipient of electronic mail expressly consented to receive the message either in response to a clear and conspicuous request for the recipient's consent or at the recipient's own initiative. A recipient is deemed to have given affirmative consent if the electronic mail message is from a person other than the person to whom the recipient directly communicated consent if clear and conspicuous notice was given to the recipient that the recipient's electronic mail address could be transferred to another person for the purpose of that person initiating the transmission of a commercial electronic mail message to the recipient.
What is the CAN-SPAM Act?
The CAN-SPAM Act is a United States federal law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations. Despite its name, the CAN-SPAM Act doesn't apply just to bulk email. It covers all commercial messages, which the law defines as "any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service," including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email — for example, a message to former customers announcing a new product line — must comply with the law. Each separate email in violation of the CAN-SPAM Act is subject to federal penalties of up to $16,000, so non-compliance can be costly. But following the law isn't complicated. Here's a list of CAN-SPAM's main requirements:
Other laws may apply
You should check all related anti-spam laws to make sure you are in compliance. Here is a list of resources that may help:
How do the Services protect you?
The Services have a number of built in features that help to protect you from non-compliance with this policy:
* The Company and the Services are the service provider and are not the initiator or creator of the email.
If you have any questions in regards to your account being in compliance with this policy, please contact us, BEFORE YOU START SENDING, by opening a support ticket. We are happy to help you.