Terms of Use
Email Marketing Service “EmailMarketing”
These Terms of Use (“Terms”) govern your use of the “EmailMarketing” email marketing mail server (referred to as the “Service”). By using the Service, you agree to comply with and be bound by these Terms and the overall Terms of Use for HAR.
1. Ownership of Contacts
You affirm that the email contacts you upload or use within the Service belong to you or your organization and have been obtained through lawful means.
2. Our Content
You confirm that all recipients of your email campaigns are either individuals who have explicitly opted in to receive your emails or existing clients with whom you have an established business relationship.
3. No Spam or Unsolicited Emails
You shall not use the Service for sending unsolicited emails or spam. All email communications must be sent to individuals or entities who have expressed an interest in receiving such communications from you.
4. Compliance with Laws and Regulations:
You agree to comply with all applicable laws and regulations governing email marketing, including but not limited to the CAN-SPAM Act (if applicable), GDPR, and any other relevant data protection laws.
5. Respect for Opt-Out Requests
You will include a clear and functional opt-out mechanism in all email campaigns you send using the Service. You agree to promptly honor and process opt-out requests from recipients, removing them from your mailing list within the legally required timeframe.
6. Content Responsibility
You are solely responsible for the content of your email campaigns, including text, images, links, and any attachments. You shall not use the Service to distribute illegal, offensive, or inappropriate content.
7. Data Security and Privacy
You are responsible for the security and privacy of the data you upload and use in the Service. Ensure that you have appropriate permissions and consents to use any personal information in your email campaigns.
8. Suspension of Service
We reserve the right to suspend or terminate your access to the Service if we have reason to believe you are in violation of these Terms or if your use of the Service poses a risk to our infrastructure or reputation.
9. Modification of Terms
We may update or modify these Terms from time to time. Any changes will be communicated to you through the Service or via email, and your continued use of the Service after such modifications constitutes your acceptance of the revised Terms.
10. Termination of Service
You may terminate your use of the Service at any time. We may also terminate your access to the Service for any reason, with or without notice.
11. Disclaimer
The Service is provided “as is” without any warranties, express or implied. We do not guarantee the delivery or success of your email campaigns.
12. Governing Law
This Agreement is governed by laws of the State of Texas without regard to principles of conflicts of laws. The federal or state district courts in Harris County, Texas shall have exclusive jurisdiction and venue over you and for any action at law or in equity that arises out of or relates to the Agreement, the Services or HAR.com. Further, you waive any objection to such jurisdiction and venue.
By using the “EmailMarketing” Service, you acknowledge that you have read, understood, and agreed to these Terms of Use. If you do not agree with these Terms, please do not use the Service.