ezMail provides website operators and other individuals a variety of tools and resources to collect visitor email addresses, and to create, launch, and manage online email campaigns (the Services). These Services may not be used for sending unsolicited emails (see our Anti-Spam Policy). Below you will find the terms and conditions of use of ezMail's services. On the Free Trial page or when you log in for the first time you will be asked to check the "I have read and agree to the ezMail Anti-Spam Policy and Terms of Use" box. By doing so, you agree to accept the following terms and conditions.

1. Services and Support

1.1 The Services of ezMail are provided subject to this Agreement and any guidelines, rules, or operating policies (the Agreement) that ezMail may establish and make known from time to time. The Agreement may be amended by ezMail at any time. ezMail reserves the right to post updated versions of the the Agreement at its website or provide other notification about changes to the terms of the Agreement, and may discontinue or revise any or all aspects of the Services at its sole discretion. All changes shall become effective upon posting of the revised Agreement of the Service.

1.2 The Services provided by ezMail are only available to persons who can form legally binding contracts under applicable law. The Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.

1.3 The Services allow printing firms to sign-up website visitors, collect and retrieve visitor sign-up data, and develop and execute all email communications with visitors and other targeted prospects.

1.4 ezMail monitors both the number of email messages sent and the number of KiloBytes of data transferred. Normal ezMail accounts allow you to send an unlimited number of email messages. The total KiloByte data transfer of each message can be no more than 100kb.

1.5 All email delivery prices are subject to change at any time. All fees paid to ezMail for its Services are non-refundable, unless an account is terminated by ezMail for a reason other than violating the Anti-Spam Policy. Payment for Services will be made with a valid credit card accepted by ezMail, unless other payment arrangements have been made between you and an authorized ezMail representative. You hereby authorize ezMail to charge your credit card for such amounts in accordance with your monthly service agreement. Fees are payable in U.S. dollars. If ezMail is for any reason unable to effect automatic payment via your credit card, you will be notified via email or telephone. All prices are subject to change and you are responsible for reviewing the Pricing Schedule to remain aware of the fees charged by ezMail.

1.6 Should an account need to be re-activated by a customer after it has become deactivated due to non-payment or an untimely authorization for payment, ezMail may charge an account re-activation fee.

1.7 You agree to provide clear, true, accurate, and complete information about yourself as requested in the registration process. As part of this process, you will identify an email address and password for your ezMail account. It is your responsibility to maintain the security of your account, passwords, and files, and for all uses of your account and the Services in your name. ezMail reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

1.8 Because of the wide variety of HTML generation tools available, it is understood that ezMail makes no guarantee that HTML messages will be rendered properly on all recipients' email programs. ezMail makes every attempt to make sure that all email messages sent through our servers follow email standards, but we cannot guarantee that messages will look consistent across all email platforms due to the number of HTML composition tools that are available. For example, if you use Microsoft Word to generate HTML email messages, it is expected that recipients of your message using a non-Microsoft email application may have difficulty reading your message. For best results, ezMail recommends, but does not guarantee, the use of HTML editors that generate HTML that adheres to W3C standards.

2. Restrictions and Responsibilities

2.1 What you are reading is an Agreement of Services. You are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business (which includes civic or charitable) purposes. You may also use your surplus sending capacity to act as an agent for your clients and use the Software for service bureau purposes. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.

2.2 You acknowledge that the Services and the ezMail company names and logos and all related product and service names, design marks, and slogans are the property of ezMail or its affiliates or suppliers (collectively called the Logos). You are not authorized to use any of the Logos in any advertising, publicity, or any other commercial manner without the prior written consent of ezMail. Your use of the Services bestows no title or ownership of the Service, the Software, or the Logos and is not a sale of any rights in the Service, the Software, or the Logos. All ownership rights remain in ezMail or its third party suppliers, as the case may be.

2.3 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited emails to any third party. You hereby agree to indemnify and hold harmless ezMail against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorney's fees) in connection with any claim or action that arises from an allege violation of the aforementioned or otherwise arising from or relating to your use of the Services. Although ezMail has no obligation to monitor the content provided by you or your use of the Services, ezMail may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the aforementioned.

2.4 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates federal, state, or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harasssing, libelous, or in any way a violation of intellectual property laws or a third party's intellectual property rights.

2.5 When using the varied features of the Services, you may be asked to provide information (such as name, contact information, or other registration information) to ezMail. ezMail may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you.

2.6 ezMail will not use any of your subscriber lists or any other customer information for any other purpose than those intended with the Service. Your customer information will not be shared with any other parties. In addition, ezMail will not use your customer information for the purpose of sending unsolicited commercial emails.

2.7 You will adopt and maintain the Privacy Policy, which will be modified by ezMail from time to time.

2.8 You may not use ezMail to distribute illegal contests, pyramid schemes, chain letters, or multi-level marketing campaigns.

2.9 You may not use ezMail to send email campaigns that link to or display nudity, obscene content, gambling related content, pharmaceutical related content, illegal software, viruses, or to distribute any other content that we deem inappropriate.

3. Termination

3.1 This agreement can be terminated at any time by sending an email to accounts@emailmarketingforprinters.com or by sending written notice to ezMail, 3137 32nd Avenue South, Executive Suite 222, Fargo, North Dakota, 58103. Correspondence must include your first name, last name, and ezMail username. No refunds will be issued if you terminate this Agreement.

3.2 ezMail reserves the right to terminate this Agreement or the Services at any time with or without cause, and with or without notice. ezMail shall not be liable to you or any third party because of such termination. If ezMail terminates this agreement because you violated the Anti-Spam Policy, no refund will be issued.

3.3 ezMail reserves the right to delete any of your archived data within 30 days following the date of your account termination. All sections of the Agreement which by their nature should survive termination will do so, including, without limitation, ownership, warranty disclaimers, and limitations of liability.

3.4 If your account does not have any activity for more than 120 consecutive days, the account may become inactive. When an account is classified (at ezMail's sole discretion) as inactive, ezMail will flag it as such. Inactive accounts have 30 days to become active or the account and its data, including subscriber signups, may be permanently removed from the ezMail database.

4. Warranty Disclaimer; Remedies

USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. ezMail DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND ezMail DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for ezMail to use commercially reasonable efforts to adjust or repair the Services.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ezMail OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "ezMail") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF ezMail SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, ezMail IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF ezMail TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

6. Miscellaneous

6.1 If any part of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and be enforceable.

6.2 ezMail and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in writing, signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing in law or equity shall be considered a waiver of such right or remedy.

6.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind ezMail in any respect whatsoever.

6.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.

7. System Requirements

It is understood that ezMail is optimized for a Windows or Mac PC with Firefox 3.0 or higher. Additionally, a stable connection to the Internet is required. ezMail may work in a limited manner with other browsers and other platforms, but there is no guarantee of functionality.

8. Compliance rules for sending email

All ezMail customers must follow the rules of the federal CAN-SPAM act and ezMail's Anti-Spam policy when sending email through the service. Accordingly, we require the following of email messages sent through the ezMail system:

1. All emails must contain a one-click unsubscribe link as provided by the ezMail Service. ezMail scans every campaign for the existence of an unsubscribe link. If an unsubscribe link is not detected, the system will place one automatically before sending.
2. All emails must contain non-Internet contact information of the sender, such as your company's address, or your company's phone number.
3. All emails must state the reason the recipient is receiving the message. For example, "You are receiving this message from ABC Company because you signed up for our email list at www.abc.com."

These three guidelines will help ensure that ezMail maintains its reputation and whitelisting status with a number of major ISPs and whitelisting programs.

9. Email and Permission Practices

9.1 Every email message sent in connection with the Services must contain an "unsubscribe" link or other mechanism that allows subscribers to remove themselves from your mailing list. Each such link must remain operational for a period of thirty (30) days after the date on which you send the message, and must be in form that is satisfactory to ezMail. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link.

9.2 You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used; please contact ezMail if you have questions).

9.3 You cannot mail to distribution lists, newsgroups, or spam email addresses.

9.4 You are responsible for monitoring, correcting, and processing unsubscribe requests within 10 days, as well as updating the email addresses to which messages are sent through your ezMail account.

9.5 Emails that you send through the Service may generate abuse complaints from recipients. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. ezMail, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding, and conclusive for all purposes under this Agreement.

9.6 ezMail, at its own discretion, may immediately disable your access without refund to the Services if ezMail believes in its sole discretion that you have violated any of the email and permission practices listed above, or the ezMail Anti-Spam Policy.