Terms & Conditions

Our terms and conditions are designed to encourage better service and compliance with anti-spam regulations. By using MyBizMailer as permission-based email marketing service, you are agreeing to the following conditions, and as such, we recommend familiarizing yourself with the following documents. You agree that you have read and understand this End User Terms of Service and all of its content. You agree to review our terms and conditions periodically to be aware of any such modifications, additions, deletions or other changes, and your continued access, registration and/or use of the Service shall be deemed as your acceptance of the modified agreement. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN DO NOT USE THIS WEB SITE OR THE SERVICES.

Service Description

The monthly renewing service provided by MyBizMailer enables our Users (Customers) to send electronic messages containing rich media content, including, but not limited to, images, videos, music, sound clips and other audio/visual and/or interactive features. Any new feature, enhancement, addition, change or upgrade to the current Service shall be subject to the terms and conditions set forth in the Agreement herein.

Account and Password

You are responsible for maintaining the confidentiality of any account name and password provided to you. You are solely responsible for the use of any account provided to you, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of any account of yours.

Free Account

You are entitled to use our services for free when you sign up for a free account. Free accounts are limited to those numbers of subscribers who sign up for the first time with MyBizMailer. Free accounts may have limitations in usability or features offered. You are not allowed to have multiple free accounts. If we determine that any user has multiple free accounts all accounts may be terminated and data may be lost. MyBizMailer reserves the right to charge that user in order to retrieve data from our servers . Every message is subject to manual message review with the free accounts. Messages may be delayed as a result. You may upgrade your account at any time if you wish to do so. MyBizMailer has a zero tolerance spam policy which we take very seriously. Your account will be terminated if you send unsolicited email messages. Free accounts may have limitations in usability or features offered.

Credit Card Expirations or Declines

Please note that allowing a credit card to expire regardless of invoice receipt status will not automatically cancel your account as we maintain all account data, allow subscriptions to occur, and allow you access to your account. You will remain responsible for paying the monthly subscription fee, which will accrue to your account, until we receive a valid termination notice. Past due account may have limitation on the services that can be used and you may not be able to send email campaigns. We may send notice to the email on record if your credit card is declined. We may also follow-up by phone or mail. We reserve the right to send delinquent accounts to a collection agency if they are not paid within ninety (90) days.

Refund Policy

Our goal is 100 percent customer satisfaction. At MyBizMailer we offer our customers a 30 Day Money Back Guarantee if for any reason you're not satisfied with our service for any new accounts. However, there is zero tolerance if our customers violate our Anti-Spam policy by sending "spam", adult material, material featuring drugs, or any other illegal activities that we do not accept. In such case we have the right to shut down accounts at any time without refunds or notice. All credits will be issued back to the cardholder based on the type of payment that we have on file. Businesses domiciled in Australia or New Zealand credit refunds will be issued back to the cardholder credit card.

Term and Termination

The Sales Order determines the initial term (the "Initial Term") of your Agreement. Upon expiration of the Initial Term, this Agreement will automatically renew for successive terms equal to the same period of time as the Initial Term (each, a "Successive Term," together with the Initial Term), and you will continue to be billed for the Fees until this Agreement is terminated in accordance with the terms and conditions set forth herein. At any time during the Term, either theCustomer or MyBizMailer may terminate this Agreement for any reason. If the Customer desires to terminate this Agreement, the Customer may request a termination by contacting MyBizMailer customer support at: support@mybizmailer.com

Spamming

By accessing, using and/or registering for the Service, you shall not use the Service, in whole or in part, in any way, for the purpose of composing and/or sending chain letters, junk electronic mail, "spam", or any purpose that involves the utilization of distribution lists to any third party business or individual that has not given express specific permission to be included in such a distribution list. Any electronic mail advertisement that is composed and addressed to a third-party recipient with whom the sender does not have an existing business, commercial or personal relationship and which is not sent at the express request or consent of the recipient to receive such a Message from you is strictly prohibited (hereinafter referred to as "Spamming"). MyBizMailer reserves the right to immediately terminate any user access and/or use the Service if such End User uses the Service, in whole or in part, for Spamming purposes and MyBizMailer reserves the right to seek appropriate legal action as necessary for any such violation. If you reasonably believe that any other user may be using the Service for Spamming purposes, you hereby agree that you will promptly notify MyBizMailer of any such violation. MyBizmailer allows only Permission Based List.

Permission Based Lists Only

You may use MyBizMailer Services only to send Emails to individuals and entities that either:

Consent Obtained - Gave or give you written (including electronic) permission to send Emails to them, without subsequently withdrawing such permission and either:

Gave you the permission within the prior 12 months; or Consent Given More Than One Year Earlier you sent them a promotional email, which was not objected to, within the prior 12 months; or

Sold or Negotiated to Sell Product or Service - Gave or give you their name and email address in connection with their purchase, or negotiations to purchase, a product or service from you, have not opted out from receiving your emails and either:

Recent Sale or Negotiation such sale or negotiations occurred within the previous 12 months; or Sale or Negotiation Occurred More than One Year Earlier you sent them a promotional email, which was not objected to, within the prior 12 months.

If you send Emails to a list, and you get an unusual amount of SPAM complaints (more than 1 out of 1,000), ISPs will begin blocking future emails from your company. They will also request (that's putting it mildly) that MyBizMailer shut down your account. So if you don't have proof that each recipient on your list has opted-in to receive your emails, or otherwise meets the above requirements, don't import them into MyBizMailer.

Not allowed to be used at MyBizMailer

• No third party lists
• No prospects emails address
• No lists that you scraped from websites
• No chambers of commerce lists
• No purchased email addresses

Prohibited Content

MyBizMailer completely forbids Websites, services or products by any people who:

• Sell, provide, offer or offer to sell the following types of content, products or services within the realm of: sexual goods, pornography, pornographic services or anything related to those types of products, services or goods. This includes (but is not limited to): videos, software, magazines, escort services, illegal goods, drugs, accessories or contraband related to drugs, pirated software, or instructions or education on how to create grenades, bombs, illegal arms or other weapons.
• Markets, displays or offers any material that exploits children or minors (anyone 18 years old and under).
• Offers, promotes, sells or provides either services or content related to commercial email spam, which includes but is not limited to: illegal, Web-based or even direct pharmaceutical sales. This also includes sex or sex-related products, work at home businesses, credit repair, debt relief services, financial management services, trade or stock tips, refinancing and mortgage-related services, gambling, bet-making or odds-based services, which may include but is not limited to casinos or casino games, racetrack or dog-racing bets, poker, online betting businesses, and both pro and college sporting event betting services.
• Provides, markets or offers any offensive material that expresses prejudice, racism, bigotry, hatred, profanity, or any material that uses lewd, excessively violent, lascivious, dirty, or other questionable and objectionable content.
• Provides, posts, markets or offers personal information about children or minors (anyone 18 and under) without the permission of their parents or legal guardians.
• Promotes, posts or offers any type of product or service that is illegal in the geographic area of where the content is created, sent from or received.
• Distributes or unleashes nefarious computer or technology related items that include but are not limited to viruses, harmful code, trojans, key-logging software or other types of spyware. Distributes, promotes, posts or offers services or content that solicit participation in pyramid or ponzi schemes, multi-level or channel (MLM) businesses or services that include but are not limited to work at home jobs, "get rich quick" schemes, services or content that offers ways to "build wealth" or become "financially independent".
• Distributes content that could be considered threatening, defamatory, libelous or harassing. Promotes or solicits material that encourages violence or subterfuge against organizations, governments, groups, individuals or public figures, or sends out or promotes anything that gives instruction or assistance in carrying out aforementioned violence or behavior. Distributes or uses any content not owned by the sender including photos, artwork or content without the express written consent of the owner, or distributes any material that identifies or displays images of people without their express written consent.

Exploitative Use

MyBizMailer may monitor your account to ensure compliance with these terms and operation within the acceptable standards of the industry and of the email providers you are sending to. You may not exploit MyBizMailer’s service agreement by systematically uploading, sending, deleting, then replacing contacts in order to send to more unique email addresses than you're permitted for your service level.

List Cleaning

MyBizMailer is not a list cleaning service. If we believe that you’re abusing our service to clean your lists your account will be put on hold and reviewed which can lead to suspension, termination and an abuse charge of $1000.

Hard Bounce Rates

If MyBizMailer sees High Hard Bounce Rates for your account this is an automatic red flag for us. It usually is an indication that you have imported a purchased and/or scraped subscriber list into our system.

MyBizMailer is strictly a permission based email marketing/newsletter delivery service. This means that we do not allow lists that:

• Have been purchased
• Have been acquired from someone who has a purchased list
• Have been scraped from the internet

These types of lists provide low quality subscribers, usually cause High Hard Bounce Rates and more often than not contain spam trap email addresses which ultimately lead to blacklisting.

If your campaign Hard Bounce Rates exceed 2% we reserve the right to:

• Stop your campaign.
• Require you to provide MyBizMailer with documentation in regards to the details of how and when these subscribers joined your list.
• Suspend and Close your account. (You will not be issued a refund)

If exploitation occurs, MyBizMailer reserves the right to terminate and/or assign a penalty of the service level fee that corresponds to the number of unique contacts you emailed within your billing cycle. MyBizMailer investigates all reports of exploitative use, and a fee of $1000 will be applied for violations resulting in spam complaints or abuse of the system in any way.

MyBizMailer will not monitor, edit, review or disclose the contents of any Messages composed and/or sent by an End User to a third-party recipient without End User's prior permission, unless: a) as required by law; b) in compliance with legal authorities or during any legal proceeding; c) to enforce this Agreement; d) to respond to any good faith belief or claim that such Message, or any of its contents, violates the rights or interests of any third party or violates this Agreement; and/or e) to protect the rights and/or property of MyBizMailer, its licensors or any other third party. As an End User composing and/or sending such Messages, you acknowledge and agree that technical processing of the Messages is required in order to send and receive such Message, to conform to the technical requirements of connecting networks, to conform to the limitations of the Service and its equipment, to conform to other similar technical requirements, or as otherwise noted in the MyBizMailer Privacy Policy.

MyBizMailer reserves the right to show the clients logo and name on our site as representing that they use our service for advertising purposes only. Any client can be removed from said list by simply emailing us or sending written confirmation of the same.

Proprietary Rights

This is an agreement for services and the Customer is not granted any license hereunder. All software embedded in the Services, the Professional Services, and in any applications developed, owned or controlled by MyBizMailer, and the Services, are and shall remain the sole and exclusive property of MyBizMailer. Accordingly, the Customer acknowledges that, as between MyBizMailer and the Customer, MyBizMailer owns all right, title and interest in and to the Software and the Services. Except as expressly granted in this Agreement, the Customer will not have or acquire any rights or interest in or to the Software or the Services.

The Customer agrees that the Customer will not directly or indirectly:

• Assign, distribute, license, sublicense, transfer, sell, rent, lease, time share, grant a security interest in, or otherwise transfer any rights in or to the Software, or make the Software available to third parties except as authorized by this Agreement;
• Modify, translate, reverse engineer, decompile or disassemble the Software for any purpose, including, without limitation, the creation of derivative works or similar products;
• Upload, link to or post any portion of the Software on a bulletin board, intranet, extranet or web site; use or distribute the Software in violation of any applicable laws, regulations or export restrictions;
• Or possess or use the Software in any format other than machine-readable format.

Consent to Use of Electronic Signatures and Records.

As a convenience and courtesy to you, MyBizMailer provides access to its Services online which may require you to enter into agreements or receive notices electronically. Accordingly, you acknowledge and agree that by clicking "I Agree" or "I Accept" anywhere on the Site or by otherwise agreeing to the terms and conditions set forth in any agreement posted on the Site:

• You are agreeing to conduct electronically the particular transaction into which you thereby enter including, without limitation, entering into this Agreement;
• You have read and understand the electronic copy of electronic contracts, notices and records, including, without limitation, this Agreement, the Policies and any amendments hereto or thereto;
• You agree to, and intend to be bound by, the terms of the particular transaction into which you thereby enter;
• You are capable of printing or storing a copy of electronic records of transactions into which you enter including, without limitation, this Agreement and any amendments hereto;
• You agree to receive electronically information about the Services and other electronic records into which you thereby enter including, without limitation, this Agreement.

End User Accounts And Security

As an End User of the Service, you will receive an end user account and password to access said account. You are solely responsible for maintaining the confidentiality and security of your account and password. You are solely responsible for any and all activity that occurs within your end user account while using the Service, including, but not limited to, the content located in all electronic mail messages sent through the Service from your account. You may modify or change your password at your sole discretion, at any time, by following the instructions located on the MyBizMailer web site. You expressly agree to promptly notify MyBizMailer of any unauthorized use of your account or any other breach of security.

Assignment

The Customer may not transfer, assign, sublicense, or delegate any right or duty under this Agreement to another entity or person without the express written consent of MyBizMailer. Any such transfer, assignment, delegation without consent will be unacceptable and void.

Relationship

This Agreement does not create a partnership, joint venture or agency relationship between MyBizMailer and the Customer. The Customer does not have any right, power, or authority to act as a legal representative of MyBizMailer.

Entire Agreement

This Agreement represents the entire agreement between you and MyBizMailer with respect to your use of the Service, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MyBizMailer with respect to your use of the Service.