The following standards and expectations must be met during the time that you are a MailYourMarket subscriber.
MailYourMarket was specifically designed to help small businesses, web designers, freelancers, marketers and advertising agencies send out their email marketing campaigns in the proper HTML format. Because of spam filtering, and blacklisting issues, we cannot allow certain users or uses of MailYourMarket:
- Your list of recipients must have specifically requested to receive emails from you or your client
- You or your client has an opt-in database---no sending to lists of emails you collected from postcards, business cards, a phone book, etc. If a recipient on your list complains, we will need to see proof of your opt-in database
- You must provide an unsubscribe option for all recipients. MailYourMarket includes an unsubscribe link in the footer of every email that goes out. This CANNOT be removed.
- You will not falsify the "from:" address in your email. All replies to your email must go to you or your client's valid email address. Using anonymous or free email addresses (like Yahoo, Excite, Hotmail, etc) is considered "suspicious"---it's a good way to get banned from our system.
- You're not impersonating anyone, sending anything gross or offensive, and you have all copyrights to send the material you're sending
- You will not abuse our system, our servers, or try to defeat our billing system in any way
- NO PORN. Even if your recipients asked for it. If you must send Porn, please use another vendor.
- YOU MAY NOT use MailYourMarket to send email campaigns to "3rd party opt-in lists", "Rented lists", "Purchased lists", or any other list that did not specifically request to receive emails from your (or your clients') website. If we suspect that you are not using an opt-in list, we will ask for the URL of your opt-in form.
- MailYourMarket is not for personal use. Do not use it for sending e-cards, resumes, or the like. It is only for sending campaigns to opt-in lists.
- If you (or your client) do not have an opt-in form on your website, you may not use MailYourMarket
- If you do not have a website you may not use MailYourMarket
- Not for "home" or "personal" use. MailYourMarket is for business use only
- No e-cards, sending jokes, etc. This is considered spam.
- MailYourMarket reserves the right to shut down your account without refund, warning, or explanation
- If we receive legitimate complaints from recipients regarding your account, you allow us to send your contact information to the complaining parties
- If we find you spamming people with our product, we'll provide your contact information to every blackhole list, and offer it to anyone looking to contact/prosecute you for your spam.
1. ACCEPTANCE OF TERMS
- If we shut down your account because of spamming, or for any kind of abuse, we will not provide a refund for unused credits. We will keep your funds to make up for the cost of time spent explaining things to the blacklists, anti-spammers, and ISPs
- If we need shut down your account for other reasons, we provide refunds for any unused credits
This MailYourMarket website ("Site") is a service of Idextrus E-Business Architects. Idextrus E-Business Architects provides its service to you subject to the following Terms and Conditions of Use ("Terms"). By accessing this Site on the Internet or World Wide Web and/or using the MailYourMarket service, you are agreeing to comply with and be bound by the Terms. In addition, when using particular Idextrus E-Business Architects services, you are subject to any posted guidelines or rules applicable to such services. All such guidelines and rules applicable to such services are hereby incorporated by reference in the Terms.
Use of Site
Your use of the Site is subject to applicable local, state/provincial, federal and International law. You agree not to use the Site or any of the Content for any illegal purpose, or to transmit to or through the Site any illegal, harmful, threatening, defamatory, obscene, hateful or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Site (including by using any merchandise or the Services offered on or in connection with the Site). By way of example only, and not as a limitation, you specifically agree not to:
(a) upload, post, e-mail, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
THE SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. IDEXTRUS E-BUSINESS ARCHITECTS IS A DISTRIBUTOR AND NOT A PUBLISHER OF THE CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SITE; AS SUCH, IDEXTRUS E-BUSINESS ARCHITECTS EXERCISES NO EDITORIAL CONTROL OVER SUCH CONTENT AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH OR ACCESSIBLE VIA THE SITE. WITHOUT LIMITING THE FOREGOING, IDEXTRUS E-BUSINESS ARCHITECTS SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS AS THE PUBLISHER OF ANY CONTENT TRANSMITTED ON OR IN CONNECTION WITH THE SITE OR ON SITES THAT MAY APPEAR AS LINKS ON THE SITE, OR AS THE MANUFACTURER OF THE PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY IDEXTRUS E-BUSINESS ARCHITECTS NOR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THE LIKE SHALL CREATE A WARRANTY. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
Limitation Of Liability
YOUR USE OF THE SITE AND ITS CONTENTS IS AT YOUR OWN RISK. NEITHER IDEXTRUS E-BUSINESS ARCHITECTS NOR ANY OF ITS AFFILIATES OR OTHER PARTIES INVOLVED IN CREATING AND DELIVERING THE SITE, OR THE SERVICE OR ANY PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE SITE, WILL BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF THIRD PARTIES ARISING FROM USE OF THE SITE, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF RELIANCE BY THE USER ON INFORMATION OBTAINED FROM IDEXTRUS E-BUSINESS ARCHITECTS OR THE SITE, OR FOR DAMAGES WHICH RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY IN OPERATION, INTERRUPTION OF SERVICE, OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT, OR UNAUTHORIZED ACCESS TO IDEXTRUS E-BUSINESS ARCHITECTS RECORDS OR THE SITE. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to you; in such states, liability is limited to the fullest extent permitted by law.
You agree not to violate or attempt to violate the security of the Site, including without limitation, (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to the Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited e-mail, flooding, spamming, mailbombing, or crashing; (f) attempting to do any of the preceding.
Special Legal Considerations
You must possess the legal right and ability to use the Site. Without limiting the foregoing, you agree to be financially responsible for any order(s) you place on or in connection with the Site. You also acknowledge that the Content may not be suitable for all visitors and you agree to comply with all applicable laws, rules and regulations concerning your access to and/or use of such portion(s) of the Site and/or the Content, including any internal rules regarding your access to and/or use of the Site (e.g. any applicable rules and or policies of your employer or Internet Service Provider). Not withstanding any other provision of the Terms to the contrary, Idextrus E-Business Architects reserves the right to cooperate with local, state and federal officials in any investigation relating to any purported illegal activity(ies) and, when required by law, regulation, legal process or government requests, to disclose any personal information furnished by you or collected by Idextrus E-Business Architects to law enforcement authorities or other relevant or related third parties. IDEXTRUS E-BUSINESS ARCHITECTS RESERVES THE RIGHT TO CHANGE THE FOREGOING TERMS AT ANY TIME BY POSTING CHANGES ON-LINE. YOU ARE RESPONSIBLE FOR REVIEWING INFORMATION POSTED ON-LINE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR CONTINUED VISITS, USE OF THE SERVICES AND/OR PURCHASE OF MERCHANDISE THROUGH THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS, AS MODIFIED BY ANY POSTED CHANGES.
Violation of Terms
If you are found to be in violation of ANY of the Terms, Idextrus E-Business Architects reserves the right to cancel your account at any time, and without refund, and or/refuse technical support.
Additionally, we reserve the right to refuse technical support and shut down your account if you:
- Use MailYourMarket to send unsolicited bulk email
- Falsify return address information
- Falsify subject line information
- Use MailYourMarket to distribute illegal content