Fusion-Mail undertakes to provide a newsletter mailing service on behalf of its clients. Such service will involve the maintenance by Fusion-Mail's technology on behalf of the client of the client's master mailing list and the handling of all requests for addition to the master list by new subscribers, as well as requests to be removed from the list. Fusion-Mail also undertakes to take all reasonable steps to maintain the security of the client's master mailing list and to respect the privacy of all subscribers to the list. The master mailing list will at all times remain the property of the client and copies of the list will be made available to the client on request. Fusion-Mail will not make the master mailing list, either in part or as a whole, available to any third party and will not sell or rent the list. Fusion-Mail further undertakes not to use the master list, either in part or as a whole, on its own account.
In order to permit Fusion-Mail to maintain the master mailing list in accordance with the above, the client undertakes to place instructions in each newsletter and, where appropriate in advertisements and other postings, and at its web site (if appropriate), for those wishing to be included in, or removed from, the master mailing list, as advised by Fusion-Mail. Fusion-Mail will provide the necessary coding.
Fusion-Mail reserves the right to modify its service or change its terms and conditions of this agreement. Any such modification or changes shall be published on its web site and all clients will be notified of such changes in writing (by email). The continuation of service by a client after such notification has been received will be deemed an acceptance of the new agreement by the client.
Fusion-Mail services may be terminated with immediate effect by either party to this agreement at any time upon written notice to the other party. Fusion-Mail shall not be liable for any third party termination of the service.
Fusion-Mail, DuPage Technology Group, Inc., and/or its agents shall not be responsible for the accuracy of the newsletter content. That is your responsibility.
Content considered defamatory, discriminatory (according to United States law) or of an adult nature will not be accepted.
Fusion-Mail, DuPage Technology Group, Inc., and/or its agents shall not be held liable for any breach of copyright in publishing the information contained in newsletters. We publish this information in good faith on the understanding that you (the supplier of the content) are legally entitled to publish the information.
The client agrees to indemnify Fusion-Mail from any claim or demand, including legal fees, made by a third party and due to or arising out of the client's use of Fusion-Mail services, the violation of these terms and conditions by the client, or the infringement by the client of any intellectual property or other rights of any individual or organization or which result from any threatening, libelous, racist, or otherwise obscene or offensive material contained in any client mailing through Fusion-Mail.
The client shall fully compensate Fusion-Mail (including all costs and damages) should Fusion-Mail suffer any financial loss arising out the client's misuse of Fusion-Mail's service.
By supplying Fusion-Mail with a list of subscribers based on your existing customer base you confirm that each of those subscribers has agreed to be included on the mailing list.
Internet surfers subscribing on line do so on an opt-in basis.
Mass mailings of a spam (unsolicited or junk mail) nature are unacceptable.
Mailing lists supplied by you to Fusion-Mail, including any subscribers opting in to that list, is owned by you. Should a subscriber also choose to opt-in to another mailing list owned by a different list owner, the subscriber also belongs to that list owner.
The style, templates, name and any other design material belongs to the client.
Privacy and Confidentiality
The client shall be solely responsible for all advertising and promotional activities associated with their newsletter. You may choose to offer paid advertising space in your newsletter. You are under no obligation to carry advertisements for anybody. Note that there is this type of reference in the footer of your newsletter:
This is a FREE Service of Fusion-MailApplicable Law
These Terms and Conditions are governed by the laws of The United States
Fusion-Mail is a service provided by DuPage Technology Group, Inc.
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