{ DISPATCH } eMail Marketing

Terms of Use
Through Dispatch (the "Software"), Brian T. Dreiling ("Designer") provides web site operators and other individuals a variety of tools and resources to collect visitor e-mail addresses and to create, launch, and manage online e-mail campaigns. This service may not be used for the sending of unsolicited e-mail (sometimes called "spam"). See our Anti-Spam Policy. The following are the terms and conditions for use of the Services. By using this website, you ("Client") accept these terms and conditions.

Licensing & Ownership
1. Client’s use of this Software confers no title or ownership to Client. Designer is providing Client temporary, non-exclusive access to email marketing software and services – along with certain entitlements and privileges – that will endure as long as Client:
  1. continues to provide payment for service in a timely manner, and
  2. continues to abide by the terms of this Agreement.
2. Client agrees not to copy, modify, re-package, reverse-engineer, disassemble, modify or otherwise use the Software or its components in ways not explicitly allowed by this Agreement. Client also agrees not to remove any proprietary notices or labels from the Software.
Account Use and Content
1. Client understands that it is responsible for everything that happens in Client’s account, including the email addresses that are added, imported and stored, as well as the content published, distributed or linked to from Client’s email campaigns. Client agrees to take full responsibility for any and all content distributed through Client’s Dispatch account, and to abide by all pertinent copyright laws.
Permission Marketing
1. Client agrees to use its account for permission-based email marketing and communications, and to send emails using this Software that are truthful in nature and accurately identify the purpose of the email and the identity of the sending organization. Client agrees to include its physical address in all campaigns, as required by the U.S. Can-Spam legislation, and to adhere to the full Can Spam guidelines as well as any other applicable local, state, federal and international laws.
2. With regards to obtaining permission, Client understands and acknowledges that adhering to Can Spam alone is not enough to ensure high delivery rates and a solid reputation as an emailer. Therefore, Client agrees to use the software provided by Designer to email people who meet at least one of the following criteria:
  1. The recipient has opted in to receive Client’s emails, using a form that clearly indicates that by submitting his or her email address he or she will receive emails from Client; or
  2. The recipient has provided his or her email address to Client, via business card, conference or similar, with the understanding that Client will send the recipient emails; or
  3. The recipient has a clear relationship with Client, as
    1. a member who pays dues to belong to Client’s organization,
    2. a subscriber who pays a subscription fee to gain access to Client’s services, or
    3. a customer who has purchased a good or service from Client within the past eighteen (18) months, in the course of which Client has obtained that customer’s email address.
3. If any recipient, regardless of his or her prior opt-in status or relationship to Client, has indicated to Client its desire not to receive emails - either during or prior to Client’s use of this Software - Client may not use this Software to email that recipient.
4. Client agrees to not use the Software to send to email addresses that have been purchased, rented or otherwise obtained from a third party, or which have been collected using a script or other harvesting method, or which 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 immediate termination of Client’s email marketing account.
5. Client agrees to not use the Software to break any local, state, Federal or international laws or regulations (including but not limited to those related to spamming, e-commerce, obscenity, defamation or privacy); or to encourage or facilitate any illegal activities; or to harass, threaten or embarrass any person or organization; or to promote MLM (multi-level marketing) or Ponzi schemes; or to distribute illegal, pornographic or potentially harmful or offensive information, photos, software or materials, or include links to Web pages containing any such items (Designer reserves the right to use its own judgment in determining what is offensive).
6. Designer reserves the right suspend or terminate Client’s account access and privileges in cases where a mailing sent by or on behalf of Client receives an unreasonable number of complaints from Internet Service Providers or email watchdog groups (with Designer having the right to determine what qualifies as unreasonable).
7. Client will also be responsible for paying any fines incurred by Designer as a direct result of one of its mailings, in cases where clear and direct evidence is presented to Designer by the fining organization.
Opt Out Policy
1. Client agrees to use the opt-out link and process provided by this Software, to ensure that every recipient who requests to be opted out is removed instantly and permanently. In cases where recipients do not opt themselves out and instead request that Client opt them out, Client agrees to opt such recipients out within five (5) business days, or prior to the next mailing sent through Client’s account, whichever comes first.
Data Storage and Privacy
1. Designer agrees to hold Client’s account information, lists and data in strict confidence. Designer will not rent, sell or in any way share Client’s email addresses with any third party. The only time Designer will ever share ANY information related to Client’s use of the Software with an outside organization is if:
  1. the outside organization is processing Client’s payment to Designer for use of the Software and requires certain information necessary for the transaction,
  2. the outside organization is the federal government or other organization empowered to require Designer to divulge Client’s personal or account information,
  3. Designer is highlighting examples of Client’s email campaigns or success, with Client’s prior approval to do so, or
  4. Designer is reporting on Designer’s overall customer base and activity, in which case only general, aggregate (non-personally identifiable) information will be divulged.
2. Client will be provided with a username and password that grants it access to certain account data. Designer stores an encrypted version of the password for added security, but Client understands and acknowledges that it is ultimately responsible for maintaining control of that username and password and ensuring its proper use by authorized personnel only.
Right to Inspect
1. For the purposes of providing Client service and support, and to ensure that the terms of this Agreement are being followed, Designer reserves the right to inspect and monitor Client’s account and data at any time, without notice, and to limit access to Client’s account at any time should Designer have reason to believe that Client has already violated, or may at some point in the future violate, any terms set forth in this Agreement.
Project Changes
1. The Client shall be responsible for making payments for changes requested by the Client in original assignment. However, no additional payment shall be made for changes required to conform to the original assignment description. The Client shall offer the Designer the first opportunity to make any changes.
Estimates
1. The fees and expenses shown are minimum estimates only. Final fees and expenses shall be shown when invoice is rendered. The Client’s approval shall be obtained for any increase in fees or expenses that exceed the original estimate by 10% or more.
Expenses
1. The Client shall reimburse the Designer for all expenses arising from this assignment, including the payment of any sales tax due on this assignment, and shall advance $0 to the Designer for payment of said expenses.
Payment of Services
1. Client agrees to pay Designer in a timely manner for services rendered, on “COD” terms. Failure to pay on time may result in temporary or permanent suspension of Client's access to the Software and service.
Termination
1. Unless otherwise agreed upon in writing, Client’s use of the Software requires no long-term contracts and therefore may be terminated at the end of any monthly billing cycle. Any request to terminate will take effect at the end of that month, and Client will be responsible for payment for any services rendered up through the termination date. If Client has paid in advance for a certain period of time for the Software and service, or any portion thereof, and terminates prior to the completion of that period, that payment is non-refundable.
2. Designer may terminate this Agreement if:
  1. payment for services rendered becomes at least 60 days overdue, or
  2. Designer determines that Client is in breach of any of the terms set forth in this Agreement.
3. Following termination, Designer will work with Client to help retrieve Client-owned email addresses and other vital account data, within a reasonable period of time. Designer makes no guarantees as to the availability of Client’s data for more than 30 days following the date of termination by either party.
Changes to This Agreement
1. Designer may, from time to time, edit, append or otherwise modify the terms of this Agreement. Client will be notified to any changes made. After such notification, Client’s continued use of the Software indicates its acceptance of those changes and agreement to abide by them. If Client disagrees with any changes made to this Agreement, Client may terminate its Emarketing account as set forth in the ‘Termination’ section above.
Warranties and Disclaimers
1. This Software and related services are provided “as is,” and Designer expressly disclaims all warranties or conditions of any kind (express, implied or statutory), including without limitation the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose. Designer and its technology partners and providers will not be liable for any lost profits or special, incidental or consequential damages arising out of or in connection with the Software or this Agreement.
2. Client agrees to indemnify and hold harmless Brian T. Dreiling and its officers, employees and business partners, from any claims arising from Client’s use of the Software.
Arbitration
1. Any disputes in excess of $5,000 (max. limit for small claims court) arising out of this Agreement shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon Arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered into any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney’s fees, and legal interest on any award of judgment in favor of the Designer.