ResultsMail Terms of Service and License Agreement.RESULTSMAIL
END USER LICENSE AGREEMENT
Last Updated: April 5, 2006
Through its ResultsMail (the "Services"), Excedior, Inc. ("Excedior"), a California Corporation, provides Internet marketers a variety of tools and resources to collect visitor email addresses and to create, launch, and manage email marketing campaigns. The Services may not be used for the sending of unsolicited email (sometimes called "Spam"). See our permission email policy ("Permission Email Policy"). The following are the terms and conditions for use of the Services. By clicking the 'I accept these terms and conditions' button on the sign-up page, you the user ("User") accept these terms and conditions.
1. Services and Support
1.2. Excedior offers its Services on an "as is" basis. Through the Services, Excedior provides marketing tools, information, information management and storage and support. The User 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 Excedior does not create any content and that Excedior is not the author or the publisher of any campaign. The User further acknowledges that Excedior does not rent or sell email lists. Excedior reserves the right, but is not obligated to, review and approve any content posted by the User. Excedior retains the right to cancel and delete any campaign violating the Restriction and Responsibilities defined in section 2 of this Agreement. Excedior disclaims all copyright and other rights in such content and all responsibility for them.
1.4. 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 the User does not qualify, the User is not permitted to use the Services. The User will provide true, accurate, current information about the User's self as requested by the sign up, registration or billing process. Excedior may refuse to offer the Services to any person and may change the criteria for eligibility, at any time, in its sole discretion. Excedior retains the right to terminate the User's account and the User's rights to use the Services if there are reasonable grounds to believe that any data the User provides is or becomes untrue, inaccurate, not current or incomplete.
1.5. The Services enable corporate web sites, small business web sites, and community sites to sign up web site visitors, collect and retrieve visitor sign-up data, and develop and execute email marketing communications with visitors.
1.6. The Services will be subject to monthly subscription fees ("Fees") as defined in the fee schedule ("Fee Schedule"), once the User has signed up for the paid services ("Paid Services"). The User limits of the free trial ("Free Trial") are subject to change at any time. If the User has commenced use of the Services via the Free Trial, the User will be notified via email of the completion or termination of their Free Trial period and may purchase a monthly subscription for Paid Services. Access to the Services will be disabled until a subscription level pricing plan ("Plan") has been selected from the Fee Schedule and a method of payment and authorization to charge corresponding stated Fees has been provided to Excedior. Paid Services are billed monthly or pre-paid, in advance, according to the Fee Schedule provided to the User by Excedior. The Fee Schedule, including Plans and Fees, is subject to change at any time. Amounts paid for the Services are not refundable.
1.7. According to the Fee Schedule, Users are charged Fees for access to the Services, this includes data storage, support and sending up to the specified maximum number of emails per month as defined in the Fee Schedule. Such Fees continue to be charged until the User changes or discontinues the User's selected Plan. The Fees are due upon completion of the first month of service following commencement of the Paid Services, and continue monthly thereafter, on the month's "Monthly Anniversary Date". Example: If the User activates account on January 20th, the 20th of each month thereafter is the Monthly Anniversary Date. On each Monthly Anniversary Date, the User is charged the Fees plus a charge for emails sent in excess of the maximum number of emails per month ("Overage Fees") as well as any additional mutually agreed upon service fees (i.e. custom template creation, email editing and send, etc.). In the event of a Plan change during the month that results in the User selecting a Plan that increases the number of emails available to the User, the User is charged the difference between the old Plan Fees and the new Plan Fees upon notice from the User. The number of emails available increases immediately to those under the new upgraded Plan. In the event of a Plan change during the month that results in the User selecting a Plan that decreases the number of emails available to the User, the Plan change will be effective at the User's next Monthly Anniversary Date. In the event that the User decides to terminate its account, the termination will be effective upon the User's next Monthly Anniversary Date. All prices are in US dollars.
1.8. The User must complete the registration form on the Sign Up page in order to use the Services. The User will provide true, accurate, current, and complete information about the User's self as requested in the registration form. As part of the registration process, the User will identify an email address for the User's account on the Services that will serve as the User's "User Name," and a randomly generated password will be sent to the email address the User has supplied. Within the system the User may change their User Name and password at any time. The User is responsible for maintaining the security of the User's account, including, but not limited to User Name, passwords, contacts, campaigns, reports, and files. Furthermore, the User is entirely responsible for any and all activities that occur under the User's User Name and password. The User is to immediately notify Excedior of any unauthorized use of the account or any breach of security. Excedior reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
1.9. The User will be billed monthly or in the case of pre-paid account, the pre-paid account will be debited monthly for Services. Payment for Services will be made by a valid credit card accepted by Excedior. Payment by check, wire transfer, or other format may be negotiated directly with Excedior. If the monthly payment option is selected, the User hereby authorizes Excedior to charge the User's credit card for such amounts on or about the Monthly Anniversary Date of the User's account. Fees are payable in US dollars. If Excedior is for any reason unable to effect automatic payment via the User's credit card, the User will be notified via email and the User's account on the Services will be disabled until payment is received. Fees may vary based upon subscriber count or emails sent; the User is responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by Excedior.
1.10. The User acknowledges that from time to time email delivery of email messages may be blocked or prevented at the destination mail servers sent through the Services. The User acknowledges and agrees that the User is responsible for paying Fees for all email messages sent through the Services, regardless of whether delivery of such messages to their intended recipients is prevented or blocked by any third party. The User is responsible for monitoring, correcting and updating the email addresses to which messages are sent through the User's account on the Services.
1.11. Excedior reserves the right to modify or discontinue the Services, temporarily or permanently, with or without notice to the User and Excedior is not obligated to support or update the Services. Excedior will not be liable to the User or any third party in the event that Excedior exercises its rights to modify or discontinue the Services.
1.12. The Services may store User information, content, contact lists, emails, campaign activity statistics, reports and other information in its databases for the User. Excedior may 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 the Services and the maximum number of occasions that the User may access the Services in a given period of time. Excedior 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 Excedior may determine that User information can no longer be stored by the Services or deem User information to be inappropriate and remove it from its databases with or without notice to the User.
2. Restrictions and Responsibilities
2.1. This Agreement is for use of the Services, and the User is not granted a license to any software by this Agreement. The User 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"); 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 the User's internal business (which includes civic or charitable) purposes only and the User shall not use the Services or any Software for timesharing or Services bureau purposes or otherwise for the benefit of a third party. If the User is 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 the User's rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
2.2. The User acknowledges and agrees that ResultsMail® and the Excedior company names and logos and all related product and Services names, design marks and slogans, are the property of Excedior or its affiliates or suppliers (collectively, the "Marks"). The User is not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Excedior. The User's use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks. All ownership rights remain in Excedior or its third party suppliers, as the case may be.
2.3. The User understands that the Services and its website (resultsmail.com) also contain or may contain copyrighted or other proprietary materials of Excedior, its sponsors, advertisers or other third parties. The User understands and acknowledges that, except as strictly necessary for personal viewing and use of the Services or the website by means of a standard Internet browser (such as Microsoft Internet Explorer), the User is not granted any right or license to use, link to, reproduce, reverse engineer, modify, duplicate, distribute, display or perform any such copyrighted materials used or displayed on the website or to permit others to do the same, and that all such uses are prohibited without the prior written consent of Excedior.
2.4. The User represents, covenants, and warrants that the User will use the Services only in compliance with this Agreement, federal law S.877 "CAN-SPAM Act of 2003" (http://thomas.loc.gov/cgi-bin/query/z?c108:S.877.ENR:) and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation, and most specifically). The User agrees that the User will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. The User hereby agrees to indemnify and hold harmless Excedior 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 the User's use of the Services. Although Excedior has no obligation to monitor the content provided by the User or the User's use of the Services, Excedior 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.
2.6. The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or the User's 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.
2.7. The User specifically agrees NOT to:
2.7.1. Send unsolicited email for commercial or non-commercial purposes.
Unsolicited commercial email is defined as any electronic mail message that is sent by the initiator to a recipient who has not either provided affirmative consent through an "opt-in" process that they want to receive the type of email communication being sent or with whom they have a pre-existing business relationship.
22.214.171.124 Federal law (S.877 Sec. 3 (1)) states that "the term 'affirmative consent', when used with respect to a commercial electronic mail message, means that --
126.96.36.199.1 the recipient expressly consented to receive the message, either in response to a clear and conspicuous request for such consent or at the recipient's own initiative; and
188.8.131.52.2 if the message is from a party other than the party to which the recipient communicated such consent, the recipient was given clear and conspicuous notice at the time the consent was communicated that the recipient's electronic mail address could be transferred to such other party for the purpose of initiating commercial electronic mail messages."
184.108.40.206 Pre-existing business relationship means, when used with respect to the initiator and recipient of an electronic mail message, that --
220.127.116.11.1 Within the 5-year period ending upon receipt of such message, there has been a business transaction between the initiator and the recipient (including a transaction involving the provision, free of charge, of information requested by the recipient, of goods, or of services); and
18.104.22.168.2 the recipient was, at the time of such transaction or thereafter, provided a clear and conspicuous notice of an opportunity not to receive further messages from the initiator and has not exercised such opportunity.
2.7.2. Use Services to send content that:
22.214.171.124. Provides, sells or offers to sell the following products or content (or Services related to the same): pornography or illicitly pornographic sexual products; escort Services; illegal goods; illegal drugs; illegal drug contraband; prescription drugs; gambling; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons
126.96.36.199. Displays material that exploits children, or otherwise exploits children under 18 years of age
188.8.131.52. Posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in case of a minor)
184.108.40.206. Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content
220.127.116.11. Contains sexually explicit images, nudity, pornography, or any other images or material deemed by Excedior to be offensive
18.104.22.168. Contains links to web pages that contain nudity, sex, pornography, tasteless images, foul language, hate propaganda, anything illegal, illegal software, serial numbers for unlocking software, mail fraud, pyramid schemes or is otherwise insulting to another person(s)
22.214.171.124. Impersonates any person, including but not limited to, an official of Excedior or an information provider, or communicate under a false name or a name that the User is not entitled or authorized to use
126.96.36.199. Encourages the use of any controlled substance, transmission of material, information or software in violation of any local, state or federal law
188.8.131.52. Sells or promotes any products or services that are unlawful in the location at which the content is posted or received
184.108.40.206. Introduces viruses, worms, harmful code and/or Trojan horses on the Internet
220.127.116.11. Promotes, solicits or participates in pyramid schemes
18.104.22.168. Engages in any libelous, defamatory, scandalous, threatening, harassing activity
22.214.171.124. 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
126.96.36.199. Contains any material protected by copyright without the permission of the copyright owner
2.8. For every email message sent in connection with the Services, the User acknowledge and agrees that the Services may automatically add an identifying footer stating "Powered by ResultsMail" or a similar message. The User agrees to cooperate with and provide reasonable assistance to Excedior in promoting and advertising the Services
2.9. In using the varied features of the Services, the User may provide information (such as name, contact information, or other registration information) to Excedior. Excedior may use this information and any technical information about the User's use of the Services to tailor its presentations to the User, facilitate the User's movement through the Services, or communicate separately with the User. If the User licensed the Services as a result of solicitation by a marketing partner of Excedior, Excedior may share the User's information with the marketing partner. Excedior will not provide information to companies the User has not authorized, and Excedior will not permit the companies that get such information to sell and redistribute it without the User's prior consent.
2.10. Excedior will not use the User's customer list or any other customer information for any other purposes than those intended with the Services. The User's customer information will not be shared with any other parties. In addition, Excedior will not use the User's customer information for the purpose of sending unsolicited commercial e-mail.
3.1. The User may terminate this Agreement at any time by sending an email message through our online form (Click Here) or by sending written notice to Excedior, Inc. at 28562 Oso Pkwy D-444 Rancho Santa Margarita, CA 92688. There are no refunds for any fees paid.
3.2. Excedior may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Excedior shall have no liability to the User or any third party because of such termination.
3.3. Excedior reserves the right to delete any of the User's 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.
4. Warranty Disclaimer; Remedies
USE OF THE SERVICES AND ANY RELIANCE BY THE USER UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY THE USER BECAUSE OF SUCH USE OR RELIANCE, IS AT THE USER'S SOLE RISK. EXCEDIOR 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 EXCEDIOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
The User's sole and exclusive remedy for any failure or nonperformance of the Services shall be for Excedior to refund up to one month's Fees.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL EXCEDIOR OR ANY OF ITS UNDERLYING SERVICES PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "EXCEDIOR") BE LIABLE TO THE USER OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF EXCEDIOR 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, EXCEDIOR IS FOUND LIABLE TO THE USER 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 EXCEDIOR TO THE SUER WILL BE LIMITED TO THE AMOUNT THE USER PAID FOR THE SERVICES DURING THE ONE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO ANY SUCH CLAIM(S). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO THE USER.
6.1. 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.
6.2. Excedior and the User 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 a 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.
6.3. No agency, partnership, joint venture, or employment is created as a result of the Agreement, and the User does not have any authority of any kind to bind Excedior in any respect whatsoever.
6.4. In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
6.5. The Agreement shall be governed by the laws of the State of California, 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 Santa Ana, California.
Appendix A - Permission Email Policy
ResultsMail (also referred to as the "Services") is a powerful e-marketing tool designed for permission-based communications. Our clients use ResultsMail to send email newsletters and promotions to prospects and customers. ResultsMail's policy strictly forbids the use of our service for transmission of unsolicited "bulk" or commercial email. All ResultsMail customers have agreed to not use the system to send unsolicited email.
Clients may only use ResultsMail to send email to individuals who have either provided affirmative consent through an "opt-in" process that they want to receive the type of email communication being sent or with whom they have a pre-existing business relationship.
Federal law (S.877 Sec. 3 (1)) states that "the term 'affirmative consent', when used with respect to a commercial electronic mail message, means that--
A. the recipient expressly consented to receive the message, either in response to a clear and conspicuous request for such consent or at the recipient's own initiative; and
B. if the message is from a party other than the party to which the recipient communicated such consent, the recipient was given clear and conspicuous notice at the time the consent was communicated that the recipient's electronic mail address could be transferred to such other party for the purpose of initiating commercial electronic mail messages."
Pre-existing business relationship means, when used with respect to the initiator and recipient of an electronic mail message, that--
A. Within the 5-year period ending upon receipt of such message, there has been a business transaction between the initiator and the recipient (including a transaction involving the provision, free of charge, of information requested by the recipient, of goods, or of services); and
B. the recipient was, at the time of such transaction or thereafter, provided a clear and conspicuous notice of an opportunity not to receive further messages from the initiator and has not exercised such opportunity.
Unsubscribing from a ResultsMail email:
Every ResultsMail email is sent containing an easy to use "Unsubscribe" link at the bottom of the email. To unsubscribe, you simply need to click the link at the bottom of the page in the unsubscribe area. You are immediately excluded from all future mailings.
False or Misleading Headers:
ResultsMail does not allow the manipulation of any email header information and does not use mail relays to send campaigns. This means that ISPs and email recipients are able to determine that email is being sent from ResultsMail servers.
False or Misleading From Lines:
Any from line set to appear as the sender of the message must accurately identify the person who initiated the message. False or misleading from lines are prohibited both by ResultsMail and also by federal law. ResultsMail staff reviews every email that is sent from our system to ensure that from lines are not false or misleading.
Deceptive Subject Lines:
Any subject line attached to an outgoing campaign must clearly relate to the content of the email. Deceptive or misleading subject lines are prohibited both by ResultsMail and also by federal law. ResultsMail staff reviews every email that is sent from our system to ensure that subject lines are not deceptive or misleading.
Email Address Acquisition:
ResultsMail does not provide email lists to customers. As mentioned above, ResultsMail customers are required to send email only to addresses that have either provided affirmative consent or with whom they have a pre-existing business relationship.
Valid 'FROM' Email Address:
Every email message sent from ResultsMail must have a valid and working 'FROM' email address. When a customer changes their sending email address, the address is first validated by the ResultsMail system before they are allowed to send from the new address. Recipients should be able to reply directly to any email sent from ResultsMail. Please note that a return email address does not fail to satisfy this requirement if it is temporarily unable to receive messages due to a technical problem beyond the control of the sender if the problem is corrected within a reasonable time period.
Valid Physical Postal Address of Sender:
In compliance with federal law, ResultsMail automatically appends the physical mailing address of the sender to the footer of every email sent from our system. This mailing address information is entered and updated by the sender. It is a condition of usage of ResultsMail that customers provide accurate data.
What to do if you believe you've received unsolicited or deceptive email
If you believe you have received an unsolicited email message or email that contains a deceptive subject or from line, invalid or non-functional reply-to email address, inaccurate physical postal address, or in some other way appears to violate ResultsMail policies or federal law, using the ResultsMail system (or what appears to be the ResultsMail system), please take a moment to tell us about it. Please forward a copy of the offending email to email@example.com. We are strong believers in permission-based marketing and do not tolerate "spam." We will immediately investigate, and if abuse is proven, will take immediate appropriate action to eliminate abusive future mailings from the company involved.
Information Collection and Use
ResultsMail explicitly asks when we need information that personally identifies you ("Personal Information"). Your personal information is used to create your personal access to products on the site, and to contact you in the course of using the products. Financial information that is collected is used to verify identity, and to bill either you or your company for products and services, as applicable. Demographic and profile data collected by ResultsMail may be used to tailor the Website or any requested email communications, and to display information that is more relevant to you. ResultsMail also compiles demographic and product use information, but in the aggregate only, and may make that aggregate information publicly available. Under no circumstances will ResultsMail make any personal information about an individual user available to anyone.
Your email address is used to only send you information that you have requested. As part of your use of any ResultsMail product, ResultsMail allows you to elect to receive, or not receive, certain information from ResultsMail or its partners. ResultsMail adheres strictly to permission-based email policy. Except as mentioned above, ResultsMail will not send you unsolicited email information, commercial offers or advertisements ResultsMail will not sell, rent, or loan our contact lists or our customer's contact lists (including customer data) to any outside firms nor will ResultsMail use customer contact lists for our own marketing purposes. All emails that you have requested will have an option to unsubscribe. Unsubscribe requests are fulfilled within minutes and no further communications will be sent to users who have stated that they do not wish to receive the specified information. All ResultsMail partners who offer you information via email from our Website must adhere to this unsubscribe policy.
While IP addresses (address of a computer) are logged to track a user's session, the user's identity is anonymous. Tracking IP addresses gives ResultsMail information about which parts of our site are used most often and what information is viewed. IP addresses are not linked to anything that can personally identify a visitor. Thus, session details are tracked, but the user is anonymous.
Contact Lists, Campaign Content and Campaign Reports
Communications from the Site
Special Offers and Updates
We send all new users a welcoming email to verify password and username. Established users will occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see the Choice and Opt-out sections.
If a user wishes to subscribe to our newsletter, we ask for contact information such as name and email address. Out of respect for our users privacy we provide a way to opt-out of these communications. Please see the Choice and Opt-out sections.
On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.
We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we reply via email or phone, in accordance with the user's wishes.
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.
Aggregate Information (non-personally identifiable)
We may share aggregated demographic information with our partners and advertisers. This is not linked to any personally identifiable information.
In the event ResultsMail goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users' personal information will, in most instances, be part of the assets transferred. Users will be notified via email and/or a prominent notice on our Web site for 30 days prior to a change of ownership or control of their personal information. If as a result of the business transition, the users' personally identifiable information will be used in a manner different from that stated at the time of collection they will be given choice consistent with our notification of changes section.
Our users are given the opportunity to 'opt-out' of having their information used for purposes not directly related to our site at the point where we ask for information. For example, our order form has an 'opt-out' mechanism so users who buy a product from us, but don't want any marketing material, can keep their email address off of our lists.
Users who no longer wish to receive our newsletter and promotional communications may opt-out of receiving these communications by clicking on the link to unsubscribe from the mailing on the email or selecting to not receive this communication in their online account settings.
This Web site contains links to other sites. Please be aware that we, ResultsMail, are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
Surveys [& Contests]
From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. Users' personally identifiable information is not shared with third parties unless we give prior notice and choice. Though we may use an intermediary to conduct these surveys or contests, they may not use users' personally identifiable information for any secondary purposes.
If a user elects to use our referral service for informing a friend about our site, we ask them for the friend's name and email address. ResultsMail will automatically send the friend a one-time email inviting them to visit the site. ResultsMail stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. The friend may Contact ResultsMail to request the removal of this information from our database.
This Web site takes every precaution to protect our users' information. When users submit sensitive information via the Web site, their information is protected both online and off-line.
When our registration/order form asks users to enter sensitive information, such as credit card number and/or social security number, that information is encrypted and is protected with the best encryption software in the industry - Transport Layer Security (TLS). While on a secure page, such as our order form, the lock icon appearing in the Web browsers becomes locked, as opposed to un-locked, or open, when users are just 'surfing'. To learn more about TLS, follow this link http://en.wikipedia.org/wiki/Transport_Layer_Security.
Credit Card Information
ResultsMail allows you to purchase email marketing services. When credit card billing is chosen, information is transferred to ResultsMail's Credit Card Authorization Partner, Authorize.net, using industry-leading, secure transmission technology including TLS and HTTPS (the transmission standard used for transactions by major financial institutions). The information is then encrypted using Data Encryption Standard 3 (Triple DES) and stored securely so that it is ready to handle your transactions. Financial transactions are verified through GeoTrust®, a leading provider of Internet security solutions. GeoTrust is accredited by all major Security, Privacy and Certification Authorities (CAs).
While we use TLS encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our users' information is protected. Finally, the servers that store personally identifiable information are in a secure environment, behind a locked cage, in a locked and guarded facility.
If users have any questions about the security at our Web site, users can Contact Us.
Supplementation of Information
In order for this Web site to properly fulfill its obligation to users it is necessary for us to supplement the information we receive with information from 3rd party sources.
We use Authorize.net to verify a user's address against their credit card during the authorization process of the credit card.
Correcting/Updating/Deleting/Deactivating Personal Information
If a user's personally identifiable information changes (such as zip code, phone, email or postal address), or if a user no longer desires our service, we provide a way to correct, update or delete/deactivate users' personally identifiable information. This can usually be done at the user account page or by emailing our Customer Support through the online form (Click Here).
Notification of Changes
If, however, we are going to use users' personally identifiable information in a manner different from that stated at the time of collection we will notify users via email. Users will have a choice as to whether or not we use their information in this different manner. However, if users have opted out of all communication with the site, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a prominent notice on our Web site notifying users of the change. In some cases where we post a notice we will also email users, who have opted to receive communications from us, notifying them of the changes in our privacy practices.
Appendix C - Fee Schedule (as of 12/30/03)
|Monthly Usage||Monthly Fee||Cost Per |
|Up To 1,000 messages||$25.00||$0.025|
|Up To 2,500 messages||$35.00||$0.02|
|Up To 5,000 messages||$50.00||$0.0175|
|Up To 10,000 messages||$75.00||$0.015|
|Up To 25,000 messages||$150.00||$0.012|
|Up To 50,000 messages||$250.00||$0.0115|
|Up To 100,000 messages||$450.00||$0.0075|
|More than 100,000 messages||Contact Sales for Pricing|