TERMS OF USE

CLIENT AGREEMENT AND SOFTWARE LICENSE TERMS
eMMc Inc. (eMail Marketing Campaign)  provides small- and medium-sized businesses and organizations with a variety of tools and resources to collect visitor eMail addresses and to create, launch, and manage online eMail campaigns (hereinafter referred to as “the Service(s)”.
The following are the terms and conditions for use of the Services. By paying for out service or clicking on the 'I accept these terms and conditions' button on the sign-up page or by logging in to eMMc, you accept these terms and conditions.

1. Acknowledgements.  Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:

  1. eMMc Inc. (eMail Marketing Campaign) may be used only for lawful purposes.
  2. Your use of the Service is subject to the Prohibited Content and Commerce Statement.
  3. The Services will be subject to a service fee ("Paid Services").
  4. eMMc Inc. (eMail Marketing Campaign) will not use your customer list/subscriber list or any other customer information for any purposes other than those intended with the Service.
  5. You agree that you will only use opt-out permission-based mailing lists in connection with preparing or distributing eMail.
  6. Every eMail message sent in connection with the Services must contain the eMMc Inc. (eMail Marketing Campaign) "unsubscribe" link that allows subscribers to remove themselves from your mailing list.
  7. You will adopt and maintain the eMail privacy policy, which may be modified by eMMc Inc. (eMail Marketing Campaign) as necessary.

2. Services and Support
2.1 The Services are provided subject to this Agreement, as it may be amended by eMMc Inc. (eMail Marketing Campaign), as deemed necessary. eMMc Inc. (eMail Marketing Campaign) may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service or at eMMc Inc. (eMail Marketing Campaign)’s website.
2.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18.
2.3 You must complete the registration form on the Sign Up page in order to use the Services. You will provide true, accurate, current, and complete information as requested in the registration form. You are responsible for maintaining the security of your account, passwords, and files. This form can be faxed as well.

3. Fees and Payment
3.1 You will be required to submit payment for the Services and may purchase, in advance, a multiple campaigns for Paid Services. Access to the Services will be disabled until payment is received.
3.2 Fees will be billed on a pre-paid basis. The Fees are based on the number of subscribers in a given market. The Fee Schedule is subject to change at eMMc Inc. (eMail Marketing Campaign)'s discretion. eMMc Inc. (eMail Marketing Campaign) will attempt to notify you via eMail prior to the effectiveness of any change to the Fee Schedule.
3.3 Payment for the Services will be made by a valid credit card or any other form of accepted currency processed via PAYPAL Inc. and accepted by eMMc Inc. (eMail Marketing Campaign). Fees are payable in US dollars. Your eMMc account will be inactive until payment is received. Amounts paid for the Services are not refundable.
3.4 You acknowledge and agree that you are responsible for paying Fees for all eMail messages sent through eMMc Inc. (eMail Marketing Campaign), regardless of whether delivery of such messages to their intended recipients is prevented or blocked by a third party.

4. eMail, Image Hosting & Permission Practices
4.1 Every eMail message sent in connection with the Services must contain an "unsubscribe" link that allows subscribers to remove themselves from your mailing list and a link to the then current eMail Privacy Policy. Each such link must remain operational for a period of thirty (30) days after the date on which the message is sent, and must be satisfactory to eMMc Inc. (eMail Marketing Campaign) in form and substance. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link.
4.2 You agree to import, access or otherwise use only opt-out permission-based lists
4.3 You cannot mail to distribution lists, newsgroups, or spam eMail addresses. You cannot copy an eMMc Inc. (eMail Marketing Campaign) template or any other features or functionality from the Service and use them for any purpose other than sending eMails from the Service.
4.4 eMails that are sent through the Service may generate abuse complaints from recipients. As a matter of privacy, eMMc Inc. (eMail Marketing Campaign) cannot share with you the eMail addresses of those who complain about your eMail campaign. You are responsible for ensuring that your eMail campaigns do not generate a number of abuse complaints in excess of industry norms.
4.5 Images hosted by eMMc Inc. (eMail Marketing Campaign) may only be used in connection with the Service and for no other purpose whatsoever.
4.6 You are responsible for complying at all times with the eMMc Inc. (eMail Marketing Campaign) Prohibited Content and Commerce Policy.
4.7 eMMc Inc. (eMail Marketing Campaign), at its own discretion, may immediately disable your access without refund to the Services if eMMc Inc. (eMail Marketing Campaign) believes in its sole discretion that you have violated any of the eMail and permission practices listed above, or the eMMc Inc. (eMail Marketing Campaign) Prohibited Content and Commerce Policy.

5. Restrictions and Responsibilities
5.1 eMMc Inc. (eMail Marketing Campaign) will not use your customer list or any other customer information for any purposes other than those intended by the service. Your customer information will not be shared with any other parties unless required by law.
5.2 This is an Agreement for Services, and 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.
You may not display, copy, reproduce, or distribute the Software, any component thereof, or any documentation provided in connection with the Services or the Software. Violation of these restrictions may result in the termination of this Agreement.
5.3 The Services shall be used for your internal business purposes only, and you shall not use the Services or any Software for the benefit of a third party. If you are using the Services in any state in the United States of America, 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 U.S. Council Directive on the Legal Protection of Computer Programs.
5.4 You acknowledge and agree that the Services and the eMMc Inc. (eMail Marketing Campaign) company names and logos and all related product and service names, design marks and slogans (collectively, the "Marks"), are the property of eMMc Inc. (eMail Marketing Campaign). You are not authorized to use any of the Marks in any commercial manner without the prior written consent of eMMc Inc. (eMail Marketing Campaign).
5.5 You represent that you will use the Service only in compliance with the Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws. You hereby agree to indemnify and hold harmless eMMc Inc. (eMail Marketing Campaign) against any damages, losses, liabilities, settlements, and expenses in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. In addition, you acknowledge and agree that eMMc Inc. (eMail Marketing Campaign) has the right to seek damages when you use the Services in a manner inconsistent with the terms of this Agreement. Although eMMc Inc. (eMail Marketing Campaign) has no obligation to monitor the content provided by you or your use of the Services, eMMc Inc. (eMail Marketing Campaign) 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 foregoing.
5.7 For every eMail message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating "Powered by eMMc" or a similar message. You agree to cooperate with and provide reasonable assistance to eMMc Inc. (eMail Marketing Campaign) in promoting and advertising the Services.
5.8 In using the varied features of the Services, you may provide information to eMMc Inc. (eMail Marketing Campaign). eMMc Inc. (eMail Marketing Campaign) 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.

6. Termination
6.1 You may terminate this Agreement at any time by calling eMMc Inc. (eMail Marketing Campaign) Customer Support. There are no refunds for any fees paid.
6.2 eMMc Inc. (eMail Marketing Campaign) may terminate this Agreement or the Services, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. eMMc Inc. (eMail Marketing Campaign) shall have no liability to you or any third party because of such termination or action.
6.3 eMMc Inc. (eMail Marketing Campaign) will delete any of your archived data within 30 days after the date of termination. After termination, you are required to process all unsubscribe requests within 30 days of your last eMail campaign. eMMc Inc. (eMail Marketing Campaign) will provide upon request the list of unsubscribe requests from your last campaign. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
6.4 If your account is classified as inactive for over 365 days, eMMc Inc. (eMail Marketing Campaign) has the right to permanently remove your subscriber data. eMMc Inc. (eMail Marketing Campaign) will attempt to contact you via eMail prior to taking any permanent removal actions.

7. Warranty Disclaimer; Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES IS AT YOUR SOLE RISK. eMMc Inc. (eMail Marketing Campaign) 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 eMMc Inc. (eMail Marketing Campaign) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.
Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for eMMc Inc. (eMail Marketing Campaign) to use commercially reasonable efforts to adjust or repair the Services.

8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL eMMc Inc. (eMail Marketing Campaign) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, EVEN IF eMMc Inc. (eMail Marketing Campaign) 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, eMMc Inc. (eMail Marketing Campaign) IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE, THE LIABILITY OF eMMc Inc. (eMail Marketing Campaign) TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

9. Indemnification
Each party (the “Indemnifying Party”) agrees to defend, indemnify and hold harmless the other party (the “Indemnified Party”), its affiliated companies, and licensees from all third party liabilities, claims and expenses, including reasonable attorneys' fees, arising from (i) a material breach of the representations and warranties in this Agreement and the (ii) the Customer’s use of the Services or any relating data in any way contrary to this Agreement; (iii) third party claims arising out of Customer’s use of the data from the services regardless of the cause, and (iv) any other breach of this Agreement. The Indemnified Party, at the Indemnifying Party’s expense, shall cooperate with the Indemnifying Party in the defense of any claims, subject to this indemnification. The Indemnified Party also reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification hereunder, and in such event, the Indemnifying Party shall have no further obligation to provide indemnification for such matter.

10. Export of Services or Technical Data
You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.

11. Miscellaneous
11.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited to the maximum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
11.2 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 the Agreement.
11.3 No agency, partnership, joint venture, or employment is created by this Agreement, and you do not have any authority to bind eMMc Inc. (eMail Marketing Campaign) in any respect whatsoever.
11.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
11.5 The Agreement shall be governed by the laws of the State of Georgia, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Atlanta, Georgia.