|
JSender Terms of Use
Introduction to JSender Terms of Use
IMPORTANT - READ CAREFULLY: These "Terms of Use" (sometimes referred to as this "Agreement") constitutes
a legal agreement between you and 01 Power Limited dba JSender, a Hong Kong based limited liability company, ("JSender," "we," or "us").
You are a customer ("Member") (or will become a Member if you agree to our Terms of Use by clicking below).
The "Term" is the time during which you are entitled to use our website
to create and send out electronic newsletters and other digital content.
If an individual purports, and has the legal authority, to sign these
Terms of Use electronically on behalf of an employer or client, "you" refers to the employer or client.
If not, "you" refers to the individual signing hereon. You are responsible for assuring that all the
terms and conditions of this Agreement are complied with. By clicking the button to join JSender,
you will be agreeing to the terms of this Agreement. Furthermore, by clicking that button,
after typing in your username, or other indication of your identity, you do confirm to us that typing in
such indication of identity constitutes your "signing" of this Agreement for all purposes under applicable law.
Any individual clicking the button on behalf of another individual or entity, listed as the Member above,
does hereby represent and warrant that such agreement is being made with full authority.
This term is regulated by the laws of Hong Kong SAR, PRC, and it’s interpreted in accordance.
JSender Terms of Use
WARNINGS OF SERIOUS LEGAL CONSEQUENCES
Warning: Under our Terms of Use, if you engage in certain conduct,
such as violating laws that regulate sending out and the content of bulk email,
try to take advantage of us in violation of our Terms of Use by taking such actions as using our servers
to host images for your website, instead of just emails you send using JSender, sending out emails
created using JSender through another service or failing to pay an amount you owe us,
we will be entitled to collect from you the higher of a pre-set amount or a multiple of your charges
for one year on an annualized basis (which is a reasonable pre-estimate of the actual damages
we would likely suffer from such conduct) plus attorney fees. We offer very powerful tools at a very
low price. In exchange we expect our customers to act with integrity and follow our rules in order
to help us maintain our reputation as having customers who only send bulk email to people who have
consented to receiving them or with whom they have had a relationship from earlier selling or
licensing (or negotiating to sell or license) a product or service and to not otherwise abuse our system.
Who We Are
"JSender" is a trade name and service mark of 01 Power Limited, a Hong Kong based limited liability compan,
that owns and operates the website with the URL: http://jsender.com (the "Website").
Purpose
The purpose of these Terms of Use (this "Agreement") is to set forth the terms and
conditions under which you are permitted to use our email/electronic newsletter creation,
distribution and management system (the "Services"). Any email, including but not
limited to any email newsletters, sent out using the Services, are referred to herein as an "Email."
Changes
We reserve the right to change any of the terms of this Agreement by posting the revised
Terms of Use on our Website and/or by sending an email to the last email address you have
given to us. Unless the Term is terminated within ten (10) days, this new Agreement will
be effective immediately with respect to any continued or new use of the Services.
Eligibility
We require that any Member be at least eighteen (18) years of age.
By using the Services, you represent and warrant that you are at least eighteen (18) years
of age and that your use of the Services does not violate any applicable law or regulation.
Your uploads may be deleted and your subscription may be terminated without warning,
if we have reason to believe you are under eighteen (18) years of age.
Term, Termination and Removal
We may suspend our Services to you at any time with or without cause.
We will not refund and/or reimburse you in such manner,
if there is cause, such as your using our system to send bulk Emails to people with whom your
relationship does not meet the requirements of "Permission Lists Only" below. Once terminated,
we may remove any of your electronic newsletters or other emails and related data and files
from our Website and any other storage. Additionally, if you do not log in to your account
for 12 or more months, we may deem your account "inactive" and permanently delete your account
and all data associated with it.
Account and Password
You are responsible for maintaining the confidentiality of any account name and
password provided to you. You are solely responsible for uses 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.
Proprietary Rights Owned by Us
You acknowledge that we, or our suppliers, own all proprietary rights in the
Website and the software used to provide the Services, including, but not limited to,
any patents, trademarks, service marks and copyrights.
Proprietary Rights Owned by You
You represent and warrant to us that you will not add or upload any content to
the Website to create an electronic newsletter, or for any other purpose unless
you are the owner of all proprietary rights in that content (or have been given
a valid license from the owner of the proprietary rights in such content) and
have obtained releases for all related privacy and publicity rights.
General Rules
You agree to the following:
1. You will not incorporate into your Email any text, photos, graphics or other content that
is not created by you, not provided by us for you to incorporate into your Email or you are
not otherwise permitted to use.
2. You will not post on the Website, including in any Emails created or sent using our Services,
any misleading or incorrect name, address, email address, subject line or any other
misleading or incorrect information.
3. You will not publish any material that contains sexually related text, photographs
or other content, or content that is defamatory, obscene, indecent, threatening, gambling, abusive or hateful.
4. You will not share your password.
5. You will not attempt to decipher, decompile, disassemble or
reverse engineer any of the software comprising or in any way used or downloaded from the Website.
6. You will not include in any Emails any material, including, but not limited to,
text and graphics, the inclusion of which is in violation of any other party's rights,
including, but not limited to, copyrights and privacy and publicity rights.
7. You will not set up multiple accounts for any individual, organization or
entity or in order to send substantially similar content unless you are part of a franchise.
8. You will not import or incorporate into any lists, emails or uploads to our
servers any of the following information: Social Security Numbers, passwords,
security credentials, or sensitive personal information of any kind.
Definition of SPAM
Definition of SPAM: We have adopted the definition of Spam set forth on the Spamhaus website
at http://www.spamhaus.org/definition.html The first line of the Spamhaus definition reads:
The word "Spam" as applied to Email means Unsolicited Bulk Email ("UBE").
It is a concern to us if you use JSender to send any unsolicited email to anyone with whom
you have no relationship. It is much more of a concern, and more likely to cause our system to be blocked
by various ISP's, for you to send an unsolicited email to an entire list of people you don't know.
Permission Lists Only
You may use JSender only to send Emails to individuals and entities that either:
Possibility 1 - Consent Obtained
A. gave or give you written (including electronic) permission to send Emails to them,
without subsequently withdrawing such permission and either:
i. Consent Given Recently gave you the permission within the prior 12 months; or
ii. Consent Given More Than One Year Earlier you sent them a promotional email, which was not objected to,
within the prior 12 months; or
Possibility 2 - Sold or Negotiated to Sell Product or Service
B. 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:
i. Recent Sale or Negotiation such sale or negotiations occurred within the previous 12 months; or
ii. 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 JSender 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 JSender.
Requirements
You agree that you will use:
- No purchased lists (no matter how expensive).
- No rented lists (even if they "opted in").
- No 3rd party lists whatsoever.
Prohibited Content and Industries
Don't use JSender to send anything offensive, to promote anything illegal, or to harass anyone. You may not send:
Pornography or other sexually explicit Emails
Emails offering to sell illegal substances
Emails that violate the law of the recipient's country
Also, there are some industries that send certain types of content that result in higher than
normal bounce rates and abuse complaints, which in turn jeopardize the deliverability
of our entire system. No offense intended, but because we must ensure the highest delivery
rates possible for all our customers, we do not allow businesses that offer these types of
services, products, or content:
Illegal goods or services
Escort and dating services
Pharmaceutical products
Work from home, Internet Lead-gen, Make money on online opportunities, etc.
Online trading, day trading tips, or stock market related content
Gambling services, products or gambling education
Multi-level marketing
Affiliate marketers
Credit repair, get-out-of-debt content
Mortgages and/or Loans
Nutritional Supplements, Herbal Supplements or Vitamin Supplements
Pornography or nudity in content
Adult novelty items or references in content
List brokers or List rental services
Marketing or sending commercial email without proper permission
We make no judgments about your line of business, but we cannot afford to risk our
deliverability. In fact, most ESPs like JSender will not be able to help you.
You will most likely need to look into setting up your own mail servers.
The term to search on is "email delivery server." There are many industrial
strength MTAs to choose from with built-in delivery and reporting tools for high-volume senders.
Bandwidth Abuse, Image hosting, API, Tracking
You may not use our bandwidth for anything other than your JSender email marketing.
In this regard, you agree to the following:
Unlike some other email marketing services, we provide image hosting for your email
campaigns totally free. This doesn't mean you can host images on our servers for other uses,
like your website. If we detect that you're using our hosting services for anything other
than your email campaigns, we have the right to delete the image. Depending on your intent,
we may even replace the image with something you don't want to see.
Not to build a campaign in JSender, then send it using some other delivery tool.
If you do that we may, and reserve the right to, shut your account down,
replace all images in your campaign, and redirect all hyperlinks to point somewhere else.
You may not like the replacement images.
If you integrate with JSender using our API, you must use efficient programming,
which will not cause too many requests to be made in too short a period.
We reserve the right to throttle your API connections, or suspend or terminate your JSender account.
Fees, Refunds, Account Suspensions, Etc.
You agree:
1. JSender reserves the right to change our fees at any time by posting a new fee structure
to our Website and/or sending you a notification of the change by email.
2. If a user violates any of the terms of this Agreement, we reserve the right to cancel accounts,
or bar access to accounts, without refund.
3. If, for some reason, we are unable to process your credit card or Paypal order, we will attempt to
contact you by email and we will suspend usage of your account until your payment can be processed.
4. You agree to pay for all emails you send from your account, even if messages are blocked by any third party (we have no control over your recipients' email servers, ISP availability, personal spam filter settings, etc)
No Warranties
To the maximum extent permitted by law, the material on this website and
the services (including all content, software, functions, services,
materials and information made available herein or accessed by means hereof) are
provided as is, without warranties of any kind, either express or implied,
including but not limited to, warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility
and risk of loss resulting from your use of the website and the services including
any downloads from the website. under no circumstances shall we or any of our employees
or representatives be liable for any indirect, punitive, special or consequential
damages even if we or any of our employees or representatives have been advised of
the possibility of such damages. our total liability in any event is limited to the
amount, if any, actually paid by you for use of the website and the services for the one
month period ending on the date a claim is made and you hereby release us and our
employees and representatives from any and all obligations, liabilities and claims
in excess of this limitation.
Indemnity
You agree to indemnify and hold us, and our directors, officers, employees and representatives,
harmless from any and all losses (including, but not limited to, attorney fees) resulting from
any claims not permitted under this Agreement due to a "Limitation of Liability" or other provision,
that you assert, or may assert, based on or relating to your use, or the use of any individual
using your password, of this Website or the Services. You further agree to indemnify and hold us,
and our directors, officers, employees and representatives, harmless from any and all losses
resulting from claims of third parties, including, but not limited to, attorney fees, that result
in whole or in part from allegations of conduct by you that, if true, would constitute a violation
by you, or any individual using your password, of any of the terms of this Agreement.
Attorney Fees
In the event we file an action against you claiming you breached this Agreement
and seeking to recover liquidated damage and/or other relief, and we prevail,
we shall be entitled to recover reasonable attorney's fees in addition to any
damages or other relief which we may be awarded.
Disclaimers
We disclaim and are not responsible for the behavior of any advertisers, linked websites or other users.
Compliance With Law
In using the Services, you agree that you will comply with all applicable laws in Hong Kong SAR, PRC.
Authorization Content
1. Our authorization is just for one company to use this software;
2. Any third party is not included in our authorization; any part of this software
can’t be modified, combined, decompiled or reverse engineered; any part of
this software can’t be lent, rent, transferred, resold or reauthorized.
|
