SITE OWNER AGREEMENT AND SOFTWARE LICENSE TERMS
eCampaignPro, a product of XL Technologies, LLC provides a variety of tools and resources to collect visitor email addresses and to create, send, and manage online email campaigns. These tools and resources are referred to in this agreement as the "Services".
The following are the terms and conditions for use of the Services. By clicking the 'I agree to the terms and conditions for the use of eCampaignPro' checkbox on the sign-up page or by logging in to eCampaignPro, 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:
- The Services may only be used for lawful purposes.
- The Services will be subject to monthly subscription fees as set forth below in section 3.
- eCampaignPro will not use your customer list/subscriber list or any other information about your customers for any purposes other than those intended with the Services.
- You agree to import, access or otherwise use only permission-based e-mail addresses in connection with your use of the Services.
- Every email message sent in connection with the Services must contain the eCampaignPro "unsubscribe" link that allows subscribers to remove themselves from your mailing list.
- You agree to process unsubscribe requests within a 10-day timeframe.
2. Services and Support
2.1 The Services are provided subject to this Agreement, as it may be amended by eCampaignPro, and any guidelines, rules or operating policies that eCampaignPro may establish and post from time to time (the "Agreement"). By posting updated versions of the Agreement on Service-related websites and/or at the eCampaignPro.com website, or otherwise providing notice to you, eCampaignPro may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services in its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service-related websites.
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. If you do not qualify, you are not permitted to use the Services.
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 about yourself as requested in the registration form. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name.
2.4 Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). XL Technologies, LLC will have no obligations with respect to the Communications. XL Technologies, LLC and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any state, federal, or international law.
2.5 You acknowledge that the eCampaignPro Service contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights. All Content is copyrighted as a collective work under the U.S. copyright laws, and eCampaignPro owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The eCampaignPro name and logo are trademarks of XL Technologies, LLC. All other trademarks appearing on the eCampaignPro website or with the Services are trademarks of their respective owners. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other web site or networked computer environment is strictly prohibited. In the event you download software provided by eCampaignPro, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by XL Technologies, LLC. XL Technologies, LLC does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
3 Fees and Payment
3.1 Once you have completed your sign-up, you will be subject to monthly subscription fees ("Monthly Fees"). You will be required to submit the Monthly Fee payments for the Services (unless you have already provided and authorized the Monthly Fee payments or means of Monthly Fee payments, such as credit card information). You may also purchase the Services in advance by paying the applicable Monthly Fees. Access to the Services will be disabled until payment is received.
3.2 All accounts are subject to a one-time set-up fee. This fee is non-refundable in all cases and is determined by the Fee Schedule in place at the date and time of sign-up.
3.3 The total amount of fees due for the Services is a combination of monthly subscription fees plus any overage fees incurred.
3.4 Monthly Fees are based on the service level that you signed-up for at the time of account activation. You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by eCampaignPro. The Fee Schedule, including subscriber levels and prices, is subject to change at any time at eCampaignPro's discretion. eCampaignPro will attempt to notify you via email prior to the effectiveness of any change to the Fee Schedule.
3.5 Overages fees are based on the total number of emails sent by your account during the previous calendar month. Each account's service level includes a base number of e-mails that can be sent on a calendar month basis. If you exceed this base number of e-mails an overage charge will be applied for every e-mail sent over your base amount. The per e-mail overage charge is specified in the Fee Schedule and is billed within the first seven (7) days of the following month that the overages occurred.
3.6 Payment for Services will be made by a valid credit card accepted by eCampaignPro. Fees are payable in US dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize eCampaignPro to charge your credit card for such amounts on a regular monthly basis based on the date your account was activated. If you selected the yearly option then you hereby authorize eCampaignPro to charge your credit card the current yearly fee to automatically re-new your subscription at the end of the yearly term. If eCampaignPro is for any reason unable to effect automatic payment via your credit card, eCampaignPro will attempt to notify you via email and your eCampaignPro account will be disabled until payment is received. Amounts paid for the Services are not refundable except those noted in section 11.
3.7 You acknowledge and agree that you are responsible for paying Fees for all email messages sent using the Services, regardless of whether delivery of such messages to their intended recipients is prevented or blocked by any third party.
4. Email & 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. 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 and substance satisfactory to eCampaignPro. You acknowledge and agree that you will not remove, disable or attempt to remove or disable the "unsubscribe" link.
4.2 You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used; please contact eCampaignPro if you have questions).
4.3 You cannot mail to distribution lists, newsgroups, or spam email addresses.
4.4 You are responsible for monitoring, correcting, processing unsubscribe requests within 10 days, and updating the email addresses to which messages are sent through your eCampaignPro account.
4.5 Emails that you send through the Service may generate abuse complaints from recipients. As a matter of privacy, eCampaignPro 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. eCampaignPro, 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.
4.6 eCampaignPro, at its own discretion, may immediately disable your access to the Services without refund if it believes in its sole discretion that you have violated any of the email and permission practices listed above.
4.7 You are prohibited from copying any eCampaignPro template and use the design for purposes other than sending emails through the Services.
4.8 The eCampaignPro for real estate service can only be used to market real estate related products and services. XL Technologies, LLC, at its sole discretion, reserves the right to discontinue any campaign that it feels is not real estate related or has the possibility of generating an excessive amount of complaints. XL Technologies, LLC will attempt to notify the customer, via email in a timely manner and allow them to modify the campaign. When XL Technologies, LLC determines that a content violation has occurred and a campaign is terminated no credits or refunds will be given for emails that have already been sent out of the system.
5. Restrictions and Responsibilities
5.1 eCampaignPro will not use your customer list or any other information about your customers for any purposes other than those intended with the Services. Your customer information will not be shared with any other parties without your consent, except and unless as 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.
5.3 The Services shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Services or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. 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.
5.4 You acknowledge and agree that the Services and the eCampaignPro company names and logos and all related product and service names, design marks and slogans, are the property of XL Technologies LLC or its affiliates or suppliers (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 eCampaignPro. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks.
5.5 You represent, covenant, and warrant that you will use the Services only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and all other 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 email to any third party. You hereby agree to indemnify and hold harmless eCampaignPro and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents 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 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 eCampaignPro has the right to seek damages when you use the Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. Although eCampaignPro has no obligation to monitor the content provided by you or your use of the Services, eCampaignPro 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.
5.6 The Services 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.
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 eCampaignPro" or a similar message. You agree to cooperate with and provide reasonable assistance to eCampaignPro in promoting and advertising the Services.
5.8 In using the varied features of the Services, you may provide certain information (such as name, contact information, or other registration information) to eCampaignPro. eCampaignPro 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 Services, or communicate separately with you. If you licensed the Services as a result of solicitation by a Marketing Partner of eCampaignPro, eCampaignPro may share your information with the Marketing Partner and the Marketing Partner may share information with eCampaignPro. eCampaignPro will not provide your information to companies that you have not authorized for that purpose unless required by law or if you are terminated from eCampaignPro due to unsolicited commercial email being sent from your eCampaignPro account.
5.9 If you receive special discounts through a Marketing Partner, those discounts may not be available if you cease to continue to be a customer of the Marketing Partner, in which case eCampaignPro's standard rates will apply. The Marketing Partner may notify eCampaignPro of any change in your status.
6.1 You may terminate this Agreement at any time by emailing eCampaignPro Customer Service at firstname.lastname@example.org. There are no refunds for any fees paid except as outlined in section 11.0 of this agreement.
6.2 eCampaignPro 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. eCampaignPro shall have no liability to you or any third party because of such termination or action.
6.3 eCampaignPro 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. eCampaignPro 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 (at eCampaignPro's sole discretion) as inactive for over 120 days, eCampaignPro has the right to permanently remove your subscriber data. eCampaignPro 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, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. ECAMPAIGNPRO 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 ECAMPAIGNPRO 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 eCampaignPro 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 AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL eCampaignPro OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "eCampaignPro") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF eCampaignPro 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, eCampaignPro 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 eCampaignPro 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. Export of Services or Technical Data
9.1 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.
9.2 Data provided by XL Technologies, LLC cannot be exported out of the eCampaignPro system for any reason. Data uploaded into the eCampaignPro system by a user can be exported providing the following criteria are met:
- It is easily identifiable as end user data and ownership can be verified.
- It was uploaded via the upload link in your account
- It resides in its own category within the eCampaignPro system
Based on XL Technologies, LLC sole discretion, if the above mentioned criteria are not met XL Technologies, LLC will not export the data in question.
10.1 If any provision 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 effect and enforceable.
10.2 eCampaignPro 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 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.
10.3 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 eCampaignPro in any respect whatsoever.
10.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
10.5 The Agreement shall be governed by the laws of the Florida, 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 Sarasota, Florida.
10.6 eCampaignPro is a trade name of XL Technologies, LLC, a Florida limited liability company. XL Technologies, LLC shall enjoy all rights and benefits that are afforded by this Agreement to eCampaignPro.
11. Terms of Money Back Guarantee:
XL Technologies, LLC offers a 30 Day Money Back Guarantee that applies to its eCampaignPro Real Estate Edition service. To qualify for this guarantee you must meet the following criteria:
- You have not, nor has any member of your household, received a refund from eCampaignPro within the last 12 months.
- Cancel your service within 30 days of the activation date on your account.
- You must send an email to email@example.com citing your intent to cancel , reason for canceling, and explicitly request a refund.
You are responsible for any charges for overages including set-up fees or any fees related to custom creative services.
The Money Back Guarantee will not be issued if you fail to meet any of these requirements