Terms and Conditions

1. ACCEPTANCE OF TERMS OF SERVICE

The emailpostcards.com services (“Service(s)”), as described below, are provided to you under the terms and conditions of this agreement and any operating rules or policies that may be published by emailpostcards.com from time to time (“Agreement”).

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICES. BY CLICKING ON THE “I ACCEPT” BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW AND THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE. BY CLICKING ON THE “I DECLINE” BUTTON YOU WILL BE RETURNED TO THE PREVIOUS PAGE AND WILL NOT BE PROVIDED WITH ACCESS TO THE SERVICES.

You agree that emailpostcards.com may amend this Agreement at any time and in any manner; your use of the Services after any such modification reaffirms your agreement to be bound and to abide by this Agreement as amended. emailpostcards.com reserves the right to discontinue the Services at any time. emailpostcards.com will not be liable to you or any third party should emailpostcards.com exercise its right to discontinue the Services.

2. DESCRIPTION OF SERVICES

This Agreement applies to the following parties:

• emailpostcards.com, Inc., proprietor and administrator of the Service (defined in the Terms and Conditions) is referred to herein as emailpostcards.com;
• “Members” are registered users of the Service who possess or can generate an email list of their customer, clients or other contacts, with whom they do business;
• The emailing lists generated by the Members shall be utilized by emailpostcards.com. Entities comprising these emailing lists, whether individuals or companies, are the “Subscribers”. Subscribers receive permission-based marketing emails as directed by Members and generated by an intermediary of the emailpostcards.com Service

emailpostcards.com offers creative services and a web-based tool that enables companies to upload, store and manage Member and Subscriber lists, create and send email marketing campaigns to those lists, and track the results of those campaigns. emailpostcards.com and its related services are provided to you, the Member, by us, the company that owns and operates the service. For the purposes of this Agreement, we will refer to ourselves as emailpostcards.com, the service as “emailpostcards.com ” and to you as the “Member.” Any use of “you” in this Agreement refers to the Member, and any uses of “we” or “us” refers to emailpostcards.com. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the addition of new content, will be subject to the terms of this Agreement.

Your use of the emailpostcards.com Service grants no title or ownership. We are granting you temporary, non-exclusive access to emailpostcards.com Services and related third-party services that will remain active as long as you (a) provide payment in a timely manner, and (b) continue to abide by the terms of this Agreement. emailpostcards.com owns or licenses all logos, graphics, software, algorithms, functionality, content (other than content owned by you or any third party), pages, features and processes that comprise the emailpostcards.com Service. You agree not to copy, modify, re-package reverse-engineer, disassemble, modify or otherwise use emailpostcards.com or its components in ways not allowed by this Agreement. You also agree that you will not remove any proprietary notices or messages from the emailpostcards.com service.

3. PAYMENT FOR SERVICES

We require that you pay for your use of the Service in a timely manner and by a credit card on file. Your credit card will be automatically charged for the amount of the Services, in advance, on a month-by-month basis, for each month in which you receive the Services. By providing your credit card and billing information, you are authorizing us to charge that card for services rendered and according to the pricing specified in your Service. All credit card transactions are handled through a secure HTTPS connection with a trusted third-party credit card processor. emailpostcards.com reserves the right to suspend your account in the event you fail to pay the appropriate account fees on time, until such time as proper payment is received

4. MONTHLY FEES

You are responsible for your monthly fees during the months that your emailpostcards.com account is active. Your initial monthly billing charge will take effect upon your registration for the Services. Should you terminate your Service for any reason, the termination will take effect at the end of that month (“Termination Date”) and you will be responsible for payment for any Services rendered up through the Termination Date.

5. CHANGING OR MODIFYING MONTHLY PLAN

Should the size of your Subscriber list change over time, your account will automatically switch to a higher or lower monthly plan. Please note that such changes will be reflected in your next billing invoice. Please contact emailpostcards.com at 800-777-8197 between the hours of 9:00 a.m., and 5:00 p.m. PST, or email us at billing@emailpostcards.com should you have any questions.

6. RIGHT TO INSPECT

For the purposes of providing the Services and support, and to ensure that the terms of this Agreement are being followed, we reserve the right to inspect and monitor your account and data at any time, without notice, and to limit access to your account at any time should we have reason to believe that you have already, or may at some point in the future, violate any terms set forth in this Agreement.

7. PERMISSION MARKETING

emailpostcards.com is a permission-based marketing and communications service. You understand and acknowledge that your use of the emailpostcards.com Service carries a high standard of ethics and a strict set of rules in order for you and emailpostcards.com to be in compliance with the local, state, federal and international laws, industry guidelines and best practices pertaining to use of email marketing and communications. With that in mind, you agree to send emails through the emailpostcards.com system only to recipients who have requested to receive emails from you by providing you with an email address with the full understanding that you will send emails to the recipient at that address.

8. OWNERSHIP

Other than the content provided by you, including, without limitation, Subscriber lists, all other content, and its expression and arrangement, is owned solely by emailpostcards.com and its licensors. emailpostcards.com and its licensors owns all right, title, and interest in and to the Services and all related software, technology, information, documents, files, content, web pages and other materials, including all intellectual property and proprietary rights therein, developed in connection with such Services by emailpostcards.com.

9. SUBSCRIBER CONFIRMATION

You agree to use a “double opt-in” (sign up plus confirmation) subscriptions method for all new Subscribers. For the purposes of the Agreement, a “double opt-in” method shall mean that when a new Subscriber subscribes to your list, that email address shall not be activated unless and until the new Subscriber receives a single confirmation email requesting Subscriber’s consent to be added to your list and emailpostcards.com receives from the new Subscriber a confirmation action (such as a confirming e-mail from the new Subscriber’s email address) approving such action. The confirmation email to new Subscribers may not include advertising or calls-to – action other than an appeal to confirm the Subscriber’s subscription.

10. NO THIRD PARTY EMAILS

You understand and acknowledge that the emailpostcards.com Services may not be used in conjunction with email lists or addresses that have been purchased or rented from a third party, or which have been collected using a script or other harvesting methods, or that have been obtained without the email address owner’s knowledge. Sending emails to any address or list obtained using one or more of these methods may result in the temporary or permanent closing of your emailpostcards.com account. We may also restrict access to your account, immediately and without notice, should we have reason to suspect that email addresses being added or imported into your emailpostcards.com account fail to meet the permission guidelines set forth in this Agreement. Should any mailing sent by you or through your account receive an unreasonable number of complaints by any of the blacklist or spam watchdog services or organizations (we reserve the right to determine what qualifies as unreasonable), or in any way threaten the delivery of other Member emails or the Service, we reserve the right to suspend or cancel your account immediately.

11. OPT-IN EVIDENCE

You understand that we may, either on our own or on behalf of a requesting organization, request that you provide evidence as to the origin of how an email address or group of addresses was acquired by you. You agree to fulfill such requests to the best of your ability and in a timely manner, and you understand that any addresses for which you are unable to provide acceptable information for may be disallowed by us for use with your emailpostcards.com account.

12. EMAIL RECEIPT OPT-OUT

You understand and acknowledge that allowing recipients of your emails to have the option to stop receiving those emails is required by law and by emailpostcards.com. In order to ensure strict compliance, we require that you use the opt-out link and process provided with your email account and designed templates. You agree to in no way attempt to circumvent the emailpostcards.com opt-out option. Furthermore, you understand that some members may ask you directly to opt them out instead of using the opt-out link provided. In these cases, you agree to unsubscribe any such Subscribers manually, by changing the Subscriber’s mailing status to “Unsubscribed” using the tools provided inside your emailpostcards.com account, and to make sure any such Subscriber has been opted-out prior to the lesser of (i) sending your next mailing, (ii) within ten (10) business days from the opt-out request,or (iii) as required by law.

13. EMAIL ORIGIN AND CONTENT

You also agree to ensure that email messages sent through your emailpostcards.com account truthfully and accurately identify the source of the message. In all emails, you agree not to use subject lines that are false or misleading as to the identity of the sending organization or as to the content contained in the email. If any information provided by you to the Services is found to be incomplete or inaccurate, the Service retains the right to terminate your rights to use the Services.

14. RESPONSIBILITY FOR SERVICES AND CONTENT

You are responsible for all activity and everything that occurs in your account, including the email addresses that are added, imported and stored, as well as the content published, distributed or linked to your email campaigns. You agree to take full responsibility for all content distributed through your emailpostcards.com account, and to abide by all pertinent privacy and copyright laws. Should you violate any laws in the course of your use of the emailpostcards.com Service, we may suspend or cancel your account immediately and without warning.

15. YOUR CONDUCT

You agree: (1) to comply with U.S. law regarding the transmission of personally identifiable information; (2) not to use the Services for illegal purposes; (3) not to interfere or disrupt networks connected to the Services; (4) to comply with all regulations, policies and procedures of networks connected to the Services; and (5) not to use the Services to collect or harvest personal information, including, without limitation, financial information, about other users of the Services.

You agree not to transmit through the Services any unlawful, harassing, discriminatory, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You will not interfere with another Member’s (or their Subscribers) use and enjoyment of the Services or another entity’s use and enjoyment of similar services.

In addition to any other termination rights, emailpostcards.com may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform with any term or condition of this Agreement.

16. EMAILPOSTCARDS.COM PRIVACY POLICY AND SPAM POLICY

Since it is emailpostcards.com’s policy to respect the privacy of all of its Members (and their Subscribers), registration data and other private information, your participation in our Services is subject to our Privacy Policy and our Spam Policy, both of which are incorporated herein by reference. For more information, please see our full Privacy Policy and our full SPAM Policy at emailpostcards.com.

17. ACKNOWLEDGEMENT

YOU ACKNOWLEDGE AND AGREE THAT EMAILPOSTCARDS.COM DOES NOT ENDORSE THE INFORMATION OR MATERIALS IN ANY CONTENT PROVIDER’S CONTENT OR ANY THIRD PARTY’S CONTENT OR ASSUME ANY RESPONSIBILITY FOR THE VERACITY OR ACCURACY, OR FOR ANY THREATENING, LIBELOUS, DEFAMATORY, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED THEREIN, ANY INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARISING THEREFROM OR ANY CRIME FACILITATED THEREBY.

18. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

EMAILPOSTCARDS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

EMAILPOSTCARDS.COM MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE, OR ERROR FREE; NOR DOES EMAILPOSTCARDS.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, THROUGH HYPERLINKS TO THE WEBSITES OF THIRD PARTIES OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICES WILL BE CORRECTED. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL RESULTS, OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION RECEIVED USING THE SERVICES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE TRANSMITTED OR OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH TRANSMISSIONS OF SUCH MATERIAL AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

19. LIMITATION OF LIABILITY

EMAILPOSTCARDS.COM WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES (WHETHER BECAUSE OF INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES) OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR FROM ANY BREACHES OF SECURITY RELATING TO THE SERVERS USED BY THE SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF EMAILPOSTCARDS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY. EXCEPT FOR MEMBER’S (i) VIOLATION OF LAWS, (ii) INFRINGEMENT OF ANY PARTIES’ INTELLECTUAL PROPERTY, OR (iii) ANY CLAIMES ARISING FROM MEMBER’S MISUSE OF PERSONALLY IDENTIFIABILE INFORMATION, BOTH PARTIES’ AGGREGATE LIABILITY FOR DAMAGES INCURRED IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT, OR STRICT LIABILITY OR ANY FAILURE OF ANY REMEDY TO ACCOMPLISH ITS ESSENTIAL PURPOSE OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT PAID BY CLIENT TO EMAILPOSTCARDS.COM FOR THE PARTICULAR SERVICE GIVING RISE TO SUCH DAMAGES. MEMBER AGREES THAT THE LIMITATIONS IN THIS SECTION ARE ESSENTIAL ELEMENTS OF THE AGREEMENT BETWEEN THE PARTIES AND THAT IN THE ABSENCE OF SUCH LIMITATIONS, THE PRICING AND TERMS WOULD BE SUBSTANTIALLY DIFFERENT.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

20. NO RESALE OR REVERSE ENGINEERING

You agree not to translate, reverse engineer, reverse compile, disassemble or make derivative works from software programming contained in the Services. You agree not to modify programming contained in the Services in any manner or form, or to use modified versions of the programming contained in the Services including (without limitation) for the purpose of obtaining unauthorized access to the Services.

21. INDEMNIFICATION

Notwithstanding any other provision of this Agreement, you agree to indemnify and hold emailpostcards.com, its parents, subsidiaries, affiliates, officers and employees, and users, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, your violation of this Agreement, or your infringement of any intellectual property or other right of any person or entity through your use of the Services.

22. TERMINATION

emailpostcards.com may terminate the Services with or without cause at any time and effective immediately. emailpostcards.com will not be liable to you or any third party for termination of the Services.

You acknowledge and agree that any termination of the Services under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that emailpostcards.com may immediately delete and discard all of your information and files and bar any further access to such files of the Services.

Should you object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately (i) discontinue use of the Service and (ii) notify emailpostcards.com of your termination.

23. COPYRIGHTS AND COPYRIGHT AGENTS

emailpostcards.com respects the intellectual property of others, and we ask our Members to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement and appears on our website, please provide emailpostcards.com’s copyright agent the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

emailpostcards.com’s Copyright Agent for Notice of claims of copyright infringement on its site is Peter Pollard who can be reached as follows:

Peter Pollard
Copyright Agent
c/o emailpostcards.com, Inc.
638 Lindero Canyon Road Suite 125
Oak Park, CA 91377
By phone: (800)   777-8197
By email: legal@emailpostcards.com

24. NOTICE

All notices to a party will be in writing and will be made either via email or conventional mail. emailpostcards.com may broadcast notices, link to notices, or send messages through the Service to inform you of changes to this Agreement, the Service, or other matters of importance; such broadcasts will constitute notice under the terms of this Agreement.

25. GENERAL

The Agreement will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. With the exception of emailpostcards.com’s right to pursue injunctive relief to protect its intellectual property rights or its privacy or span policies, you and emailpostcards.com agree to submit to the exclusive jurisdiction of the courts located within the County of Ventura, California.

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. emailpostcards.com failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by emailpostcards.com in writing.

emailpostcards.com may assign this Agreement to any third party at its sole discretion. You will not assign or sublicense the rights granted under this agreement, without prior written authorization from emailpostcards.com.

The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

This Agreement comprises the entire agreement between you and emailpostcards.com and supersedes all prior or contemporaneous agreements between the parties regarding the subject matter contained herein.