TERMS OF USE

EmailDocs (the "Service") provides a collection of tools and resources to create, launch, and manage online email marketing campaigns. The following are the terms and conditions for use of the Service:

1. Service and Support
1.1
EmailDocs is subject to the following terms and conditions and any operating policies that EmailDocs may establish (the "Agreement"). EmailDocs may make changes to this Agreement at its sole discretion, and continued use of the Service constitutes Customer's acceptance of any such changes. Such changes will be posted to the EmailDocs.net web site.
1.2
EmailDocs is available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to individuals under the age of 18. If you do not qualify, please do not use this Service.
1.3
Customers must complete a registration form in order to use the Service. Customer must provide true, accurate, current, and complete information as requested in the registration form. Customer is committed to keeping all such account information current.
1.4
EmailDocs services will be subject to usage fees based on actual numbers of emails sent once the trial customer has completed the free trial period (100 free emails). EmailDocs will send notification to the EmailDocs Customer account contact at the completion or termination of the free trial period. Billing will be recurrent and your account will be debited for Services on a monthly basis prior to start of following month. Payment must be made payable to EmailDocs via valid credit card, payable in US dollars. If EmailDocs is for any reason unable to charge your credit card, we will contact your Customer account contact via email. Failure to receive payment may result in disruption of service. EmailDocs will email notification to the Customer account contact before such disruption of service occurs. EmailDocs's fee and payment schedule is subject to change at any time at EmailDocs's discretion. You are responsible for reviewing the Pricing schedule from time to time Again, any changes will be communicated via email to the EmailDocs Customer account contact at least 30-days prior to such changes going into affect.
1.5
As part of the registration process, Customers must identify a valid e-mail address and password for their EmailDocs account. EmailDocs customers are solely responsible for maintaining the security of the Customer account, passwords, and files, and for all uses of Customer's account and of the Service by said Customer. EmailDocs can only share Customer information with the Customer who originally signed up for said account. EmailDocs reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
1.6
Customer acknowledges that from time to time delivery of email messages sent through EmailDocs may be blocked or prevented at the destination mail servers. Customer is responsible for monitoring, correcting and updating the email addresses to which messages are sent through your EmailDocs account to prevent repetitive blocks and bounces.
2 Restrictions and Responsibilities
2.1
EmailDocs will not use your customer list or any other customer account or campaign information for any other purposes other than those intended with the service. Your customer information will not be shared with any other parties. EmailDocs will not use your customer information for the purpose of sending unsolicited commercial email.
2.2
Because Hipaa and US laws may vary by jurisdiction, state, or country, Customer agrees to use the EmailDocs service only in full compliance with local or national laws that may apply in Customer's jurisdiction, state, or country..
2.2
This is an Agreement for usage of EmailDocs. Customer 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 the Service, or data related to the Service; modify, translate, or create derivative works based on the Service; or copy (except for archival purposes), distribute, pledge, assign, or otherwise transfer or encumber rights to the Service or any Software; use the Service or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
2.3
Customer represents, covenants, and warrants that Customer will use the Service only in compliance with EmailDocs's privacy and anti-SPAM policies as published at the www.EmailDocs.com Web site or otherwise furnished to Customer by EmailDocs. Customer may not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. Customer hereby agrees to indemnify and hold harmless EmailDocs against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys fees) in connection with any claim or action that arises from alleged violations of these policies. EmailDocs has no obligation to monitor the content provided by the Customer or the Customer's use of EmailDocs, EmailDocs may do so and may remove any such content or prohibit any use of the Service it believes may be (or alleged to be) in violation of these policies.
2.4
Customer acknowledges and agrees that the EmailDocs product, name, logos and all related product and service names, design marks and slogans, are the property of EmailDocs.(collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of EmailDocs. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, or the Marks. All ownership rights remain in EmailDocs.
2.6
Every email message sent from or in connection with EmailDocs must contain
2.6.1
An "unsubscribe" link that allows patients to remove themselves from your mailing list, and
2.7
You agree to only import permission-based lists (note: purchased lists may not be used; please contact EmailDocs if you have questions).
2.8
You cannot mail to distribution lists, newsgroups, or spam email addresses. You cannot copy a EmailDocs template and use the design for purposes other than sending emails from EmailDocs. EmailDocs, at its own discretion, may immediately disable your access without refund to the Services if EmailDocs believes in its sole discretion that you have violated any of the restrictions listed above.
2.9
In using the varied features of the Service, Customer may provide information (such as name, contact information, or other registration information) to EmailDocs. EmailDocs may use this information and any technical information about Customer's use of this web site to tailor its presentations to Customer, facilitate Customer's movement through this web site, or communicate separately with Customer. EmailDocs will not provide information to companies Customer has not authorized, and EmailDocs will not permit the companies that get such information to sell and redistribute it without Customer's prior consent.
2.10
Emails powered by EmailDocs may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party's intellectual property rights. See the EmailDocs website for EmailDocs's Privacy Statement for more information.
3. Feedback Program
Only select individuals chosen for feedback program will be provided with free premium access to Emaildocs. Select individual agrees to test and evaluate the service and to promptly report feedback concerning the product. Individual has the right to use the service at no cost for a period of three (3) months after the registration date.
3.1
Ownership of Feedback. You agree that the feedback that you provide to EmailDocs, all suggestions, recommendations, and/or ideas, or any other information you provide EmailDocs in relation to the Feedback Program shall be deemed non-confidential to You and shall become the property of EmailDocs Inc.. By providing EmailDocs with such feedback, You are granting EmailDocs, under Your intellectual property rights, a worldwide, royalty-free, irrevocable and non-exclusive license, to use and disclose the Feedback in any manner EmailDocs chooses and to display, perform, copy, make, use, and otherwise dispose of EmailDocs products embodying such Feedback in any manner and via any media EmailDocs choose, without reference or obligation to You.
4. Termination
EmailDocs may terminate this Agreement or the Service at any time with or without cause, and with or without notice. EmailDocs shall have no liability to Customer or any third party because of such termination.
Upon termination for any reason, EmailDocs will delete any Customer archived data within 30 days after the date of termination. All sections of this Agreement, which by their nature should survive termination, will survive termination, including, without limitation, warranty disclaimers and limitations of liability.
If an EmailDocs Customer does not log into its account for more than 90 days, the account may become inactive. When an account is classified (at EmailDocs's sole discretion) as inactive, EmailDocs will notify the Customer EmailDocs account contact by email. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SIGNUP CAMPAIGN RESULTS, WILL BE PERMANENTLY REMOVED FROM THE DATABASE.
5. Warranty Disclaimer
USE OF EMAILDOCS AND ANY RELIANCE BY YOU UPON EMAILDOCS, INCLUDING ANY ACTIONS TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK.
EMAILDOCS DOES NOT WARRANT THAT THE EMAILDOCS SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCT. THE PRODUCT AND SERVICES ARE PROVIDED "AS IS" AND EMAILDOCS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL EMAILDOCS OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF EMAILDOCS HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, EMAILDOCS 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 EMAILDOCS 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.
7. Miscellaneous
If any provision of this 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 effect and enforceable.
EmailDocs and you agree that this 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 this Agreement, and that all waivers and modifications must be in a 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 at law or equity shall be considered a waiver of such right or remedy.
No agency, partnership, joint venture, or employment is created as a result of this Agreement, and Customer does not have any authority of any kind to bind EmailDocs in any respect whatsoever.
In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorneys fees.
This Agreement shall be governed by the laws of the State of Florida USA without regard to its conflict of laws provisions.
We reserve the right to modify our pricing and we will notify you by email when this occurs.