To send the same message indiscriminately to a large number of recipients, send unsolicited commercial email, generally not allow an option to unsubscribe, send junk or bulk mail, sending numerous amounts of short messaging service messages, or to send a singular message repeatedly to a singular individual or entity over the internet (hereinafter “Spam”) is absolutely prohibited by EmailGreen. EmailGreen, developer and provider of the EmailGreen system suite of email and mobile SMS marketing tools, along with EmailGreen partners and affiliates who make EmailGreen system available to their customers, support ONLY permission-based email and mobile marketing practices. In this regard, EmailGreen has implemented some of the strictest policies in the email industry and supporting procedures that:
EmailGreen itself periodically monitors import lists and outgoing emails and SMS messsages for suspiciously large intended or actual broadcasts that could possible be considered Spam. If any activity of Spam is detected by EmailGreen, such Spamming conduct is immediately halted by EmailGreen, and such EmailGreen user is subject to being permanently barred from ever using EmailGreen (or any of our Partners', affiliates' and/or internet service providers (hereinafter "ISPs")) systems.
In addition to wasting valuable resources and time, Spam is considered by EmailGreen intrusive, costly, irrelevant and offensive. Spam is the opposite of permission-based emails - those that are anticipated, personal, relevant and often associated with a "pre-existing business or personal relationship."
If an email is sent out through EmailGreen that generates a Spam complaint or that an unsolicited email has been sent from the EmailGreen system tools, an investigation is initiated. The EmailGreen user is then notified that an unsolicited email complaint has been lodged against them and a demand is then issued to "show proof" that the complainant opted in to the user's list. The EmailGreen user is reminded of the terms they accepted in the End User License Agreement (including possible legal ramifications if the user is guilty of Spamming). In addition, the complainant's email address is automatically tagged as "unsubscribed" if the complainant did unsubscribe--so no further emails are sent to the complainant. The EmailGreen user is also required to manually remove the complainant's email address from their contact list of opt in email if the complainant did not unsubscribe.
Appeal Process - A EmailGreen user may appeal such complaint by providing a record of when that particular recipient chose to opt into the EmailGreen mailing list (hereinafter the “Opt In Record”). The EmailGreen user shall solely be responsible for keeping and providing the Opt In Record that proves that the recipient chose to receive the email and was not simply put on such list unilaterally by the EmailGreen user. If the EmailGreen user cannot provide EmailGreen with the Opt In Record, then the appeal shall be considered unsuccessful and the individual Spam complaint shall be assessed up to a $100 fine; fines vary depending on complaint.
Termination of EmailGreen User - If EmailGreen has ANY reason to believe the user of the opt in email, despite the warnings, is or will continue to send unsolicited bulk email to more than 10 individuals without the particular individuals permission, or any complainant who has previously unsubscribed, the user's EmailGreen account privileges are subject to immediate termination without penalty recourse or fee.
All users of the EmailGreen system must abide by our Terms of Use. (Attached hereto as Exhibit “1”) Under EmailGreen's Terms of Use, the EmailGreen user promises and represents to EmailGreen that they will not abuse the EmailGreen system for their own benefit or send Spam to EmailGreen recipients. The EmailGreen user makes specific representations, and promises not to send unsolicited bulk email or SMS messages, for commercial or non-commercial purposes (unsolicited bulk email is defined as email sent to more than 10 individuals without end user’s express permission).
The Terms of Use also include such promises by the EmailGreen user as to not post, upload or otherwise transmit:
With regard to email campaigns, all users of EmailGreen must also accept that an unsubscribe option be automatically appended to every email sent to more than 100 people via the EmailGreen system. This is mandatory. When the unsubscribe option is requested by an email recipient, EmailGreen system automatically suppresses emails to that email address in future campaigns. This suppression feature is also mandatory.
In the event that a EmailGreen user violates any one of our usage rules, or for any other reason deemed appropriate by EmailGreen, in the sole discretion of EmailGreen, EmailGreen reserves the right to suspend or terminate such user, without notice that user’s access to the EmailGreen system user's account and all related data. EmailGreen relies on feedback from various governmental and industry sources, a network of the leading ISP's in the world and millions of email recipients to assist in our policing against spam.
EmailGreen offers free tools like confirmed opt-in subscription forms to encourage EmailGreen system users to create and manage confirmed opt-in lists of contacts. By building and using confirmed opt-in lists, EmailGreen system users can be certain that they are sending emails to recipients that have expressly given their permission, and requested, to receive such emails. If a EmailGreen System user desires to allow people to subscribe to any of their email lists on the EmailGreen system, they are required to use EmailGreen's confirmed opt-in subscription form for an opt in email.
If you have, please follow the following easy steps:
Many spam complaints are registered with anti-spam agencies. We fully support the efforts of agencies working to responsibly curtail the sending of unsolicited commercial email. However, if an individual specifically opted-in to receive EmailGreen email, and then falsely and/or maliciously files a Spam complaint against EmailGreen alleging they did not, EmailGreen will cooperate fully with appropriate agencies to ban that particular user from further use of anti-spam software and the community. Thank you for reviewing our Anti-Spam Policy.
Exhibit 1
Terms and Conditions
1. Acceptance of Terms
The website, located at www.EmailGreen.com (the "Site") has been provided by Synchronous Technologies, Inc., a California corporation, dba EmailGreen (hereinafter "EmailGreen") to any person or entity that accesses, browses, or otherwise uses the Site, either manually or via an automated device or program (hereinafter “User” or “Users”). The Site is subject to User acceptance of the following Terms of Use ("Agreement") which may be updated by EmailGreen from time to time. By becoming a User of the Site, User agrees to be bound by all terms of this Agreement. If User has any questions about this Agreement, please contact EmailGreen at info@EmailGreen.com before using this Site.
2. Description of Services
EmailGreen is an Internet networking service provider, utilizing web-based software, where people such as business owners, marketing professionals and group members can organize their groups, perform marketing functions, and manage corporate operations. As described above, anyone who takes advantage of the aforementioned software in any way, form, or fashion, shall be considered a User for purposes of this Agreement.
3. Conditions of Use
If a User chooses to register on the Site, such User must provide certain personally identifiable information, including but not limited to, name, address, and email address, (collectively "Registration Information"). Providing false Registration Information on the Site constitutes a material breach of this Agreement, to which EmailGreen may immediately terminate User’s access to the Site. If a User is registered though the use of a proxy, a league manager, or a team captain, that particular representative expressly represents that he, she, or it has the proper authority and permission to register such player or User on the Site. Any false or misrepresentation of authority is cause for immediate termination of access to the Site.
4. No Endorsement of Content or Businesses
EmailGreen makes no representations, warranties, or endorsements, express or implied, regarding the quality, accuracy, reliability or condition of any content posted on the Site, regardless of who posted such content or when it was posted or for what purpose it was posted. EmailGreen does not control the quality, safety, truth or accuracy of the content that is posted on the Site and makes no representation thereof. EmailGreen shall have no obligation to review the Site's content and User understands this. All content provided by Users of the Site is the sole responsibility of the User, not EmailGreen. User understands that by making any use of the Site whatsoever, User may be exposed to content that is inaccurate, misleading, or content that User may otherwise find objectionable. User hereby agrees that User shall evaluate and assume all risks and liability associated with the use of any content, and that under no circumstances will EmailGreen or any of its affiliates, be liable for any loss or damage of any kind as a result of the use of any content or service providers posted, emailed or otherwise made available through the Site.
5. Acceptable and Lawful Use of Site
Any Registration Information, computer information, or other information User provides to EmailGreen in connection with User’s use of the Site: (a) shall not be false, inaccurate, deceptive, deceitful, or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses of any kind, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing, invasive of another's privacy, or harm minors in any way; (f) shall not create liability for EmailGreen or cause EmailGreen to lose (in whole or in part) the software products or EmailGreen’s suppliers; and (g) shall not include personal or identifying information about another person who does not wish to be included. User’s shall comply will all applicable laws, statutes, ordinances and regulations regarding use of the Site. EmailGreen reserves the right to report any wrongdoing, if EmailGreen becomes aware of it, to the applicable government agencies. If User breaches any provision of this paragraph, EmailGreen may not only immediately terminate User’s access to the Site, but User agrees that EmailGreen shall bring any and all legal action against User allowed within the law for such tortious conduct.
6. Acceptable and Lawful Use of Software
Any use, reproduction, redistribution of any products by User, software or otherwise, that are not in accordance with the intended use of the Site, are expressly prohibited by this Agreement, the law, and can result in severe civil and criminal penalties. EmailGreen may, at its sole discretion, prosecute violators to the maximum extent of the law.
ANY COPYING, DISTRIBUTION, REPRODUCTION, REDISTRIBUTION, OR FURTHER REDISTRIBUTION OF THE SITE OR ANY SOFTWARE PRODUCTS TO ANY OUTSIDE LOCATION, OTHER SERVER, OUTSIDE PARTY, ENTITY, OR PERSON, IS EXPRESSLY PROHIBITED WITHOUT THE EXPRESS WRITTEN CONSENT OF EmailGreen.
7. License Granted
User grants EmailGreen a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright and publicity rights User has in the Registration Information provided to EmailGreen by User, in any media, whether now known, or hereafter to become known. EmailGreen may only use Registration Information in accordance with its Privacy Policy. User may find the EmailGreen Privacy Policy at http://www.EmailGreen.com/privacy.html.
8. Relationship
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended to be created or in fact created by this Agreement between User and EmailGreen. This Agreement is between the User and EmailGreen and is not intended to be for the benefit of any third party. If there is a dispute between participants on this Site, or between User and any third party, User understands and agrees that EmailGreen shall not be under any obligation to become involved. In the event that one User has a dispute with one or more other Users or third parties, both Users hereby expressly and unconditionally release EmailGreen, EmailGreen’s officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or services. User shall also fully indemnify EmailGreen, its officers, employers, agents, successors and the like fully for any claims made by a third party, including claims for costs and attorneys fees.
9. Posting on EmailGreen
User represents and warrants that User completely owns or otherwise has full lawful rights and control over all of the rights to the content to which User has posted or will post, or use, and such content is of an accurate nature. EmailGreen reserves the right, but not the obligation, to refuse to post or to remove any content or portions thereof, in any media worldwide if it contains or features any content EmailGreen, in its sole discretion, deems inappropriate. With respect to content User submits or make available for inclusion on the Site, (“Content"), User grants EmailGreen a world-wide, royalty-free, perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. This license means that EmailGreen, its parent, subsidiary or affiliated companies have the unrestricted, perpetual and exclusive right to use, reproduce, modify, transmit, and distribute any and all materials and communications regarding and including submitted reviews, or portions thereof, in any media worldwide.
10. Security
EmailGreen utilizes reasonably secure servers to protect Users Registration Information. Users shall not disclose Registration Information to third parties. Users understand that they are fully responsible for all activities which occur under their Registration Information. User agrees to immediately notify EmailGreen in writing of any unauthorized use of User's own account. Anyone deemed a proxy, in charge of another User’s account, a league manager, or a team captain, agrees to refrain from disclosing Registration Information to third parties, unless written consent from EmailGreen is obtained prior to such information is disclosed.
11. Privacy Statement; Email
Users have read and understand the terms of our Privacy Statement more fully described at http://www.EmailGreen.com/privacy.html which is hereby incorporated into this Agreement by reference as (Exhibit “A”). Users acknowledge that the Site may link to other sites on the World Wide Web which may not controlled by EmailGreen and that the collection of a EmailGreen's data by these other sites may be outside the scope of EmailGreen’s control. EmailGreen reserves the right to monitor a User's use of the Site in accordance with our Privacy Statement. Users acknowledge that by becoming a User, they consent to receipt of certain email messages from EmailGreen in connection with the use of the Site and software, including without limitation newsletters, notifications by league managers, captains and other players and reminders of events, event schedules and attendance.
12. System Integrity
Users shall not use any device, software, or routine to interfere with the proper working of the Site. Users shall not use any method to intercept or expropriate any system data or information from the Site without the express written consent of EmailGreen. Consent shall not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including but not limited to unsolicited email or Spam. Users shall not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior expressed written permission of EmailGreen. Information on the Site is frequently updated and is proprietary or is licensed to EmailGreen. Users shall not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the EmailGreen web site without the prior expressed written permission of EmailGreen and the appropriate third party.
13. System Outages
EmailGreen periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. EmailGreen shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery, non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
14. No Warranty
EmailGreen provides this web site and the software products "as is" and without any warranty or condition, express, implied or statutory. EmailGreen specifically disclaims, and User expressly waives, any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement. User assumes total responsibility and risk for use of this site, use of any service providers obtained from this site, the software products, and hyperlinked web sites.
EmailGreen makes no warranty that the site will meet User’s specific requirements or expectations, or that software products or services will be uninterrupted, timely, secure or error free, nor do we make any warranty as to the results that may be obtained from the use of the software products or as to the accuracy or reliability of any information obtained through the site or that any defects will be corrected. No advice or information, whether oral or written, obtained by a user from EmailGreen shall create any warranty not expressly made herein. This disclaimer is made to the fullest extent permitted by law.
16. Other Limitations of Liability
EmailGreen, its parent company, shareholders, affiliates, suppliers or their respective authorized representatives shall not be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, or for any loss of profits or revenue, including but not limited to loss of sales, profit, revenue, goodwill, or downtime, (however arising in tort, contract, or otherwise) regardless of such party's negligence or whether such party knew or should have known of the possibility of such damages. If any court of competent jurisdiction strikes the above clause down for whatever reason, EmailGreen’s liability shall still be limited to the fullest extent permitted by law. Users understand and agree that the download and upload of any material through this site is done at User’s discretion and risk and that User’s will be solely responsible for any loss or damage to User’s computer system or loss of data that may result in the download or upload of any material. EmailGreen neither assumes, nor does it authorize any other person to assume on its behalf, any other liability in connection with the provision of the site and software products. The limitations of liability provided in this Agreement inure to the benefit of EmailGreen, our parent company, shareholders, affiliates and to all of our respective officers, directors, employees, attorneys and agents and, in each case, liability is limited to the fullest extent permitted by law.
17. Indemnification
User shall indemnify, defend and hold harmless EmailGreen, its parent company, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees and costs) resulting from User's use of the Site or software products provided hereunder by EmailGreen and Visitor's or User's breach of any provision of this Agreement or any intentional wrongdoing by Visitor or User.
18. Notices
Notices to User and EmailGreen shall be by email or sent via certified mail, return receipt requested. Email to EmailGreen shall be sent to info@EmailGreen.com or, if by certified mail, to EmailGreen, such notice shall be sent to: 249 S. Hwy 101, Suite 525, Solana Beach, San Diego, CA, 92075. Email Notices sent to Users within the USA shall be sent to the email address contained in User's Registration Information. US Mail to User shall be sent to the address User provides. If User fails to provide such an address then EmailGreen shall not be under an obligation to locate or sent US Mail. User is responsible for keeping User's Registration Information current. EmailGreen shall not be responsible for User's failure to receive notice if User's Registration Information is incomplete, not current, or otherwise inaccurate. Notice sent by email shall be deemed given twelve (12) hours after email message is sent. Users can modify email addresses and other Registration Information previously provided to us by emailing support@EmailGreen.com or by updating their account information online.
19. Electronic Signatures
Any document or record, including this Agreement, which is transmitted or received by electronic transmission by either party shall be treated in all manner and respects as an original signed document where sufficient indicia of acceptance by the respective party exists. Accessing the Site constitutes acceptance of this Agreement by User.
20. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. Any suit relating to this Agreement, the Site or the software products shall be brought exclusively in the courts of San Diego, the Parties consent to the jurisdiction thereof.
21. Miscellaneous
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement. The delay or failure of the Parties, at any time or times, to require performance of any provision hereof shall in no manner affect Party’s right at a later time to enforce such provision. No delay or failure of EmailGreen’s right in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. This Agreement and any documents expressly incorporated by reference, including but not limited to the Privacy Policy, constitute the entire agreement between the Parties, pertaining to the subject matter hereof. User understands and accepts that EmailGreen, in its sole discretion, may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting notice on the Site. Any amended or modified terms will be effective upon posting. Continued use of or visits to the Site constitutes acceptance of any modified terms and conditions. User shall regularly review the Agreement that is posted at http://www.EmailGreen.com/terms.html. EmailGreen may, at any time, assign its rights or delegate its obligations hereunder without notice to User. No person or entity not an express Party to this Agreement is intended to be a beneficiary of this Agreement, and no person or entity, not expressly made a Party to this Agreement, shall have any right to enforce any terms of this Agreement.
22. Inquiries
The Site is offered by EmailGreen. EmailGreen is currently located at 249 S. Hwy 101, Suite 525, Solana Beach, CA 92075. Anyone wishing a copy of this Agreement may obtain such by writing a formal written request to EmailGreen, accessing the Site, or emailing support@EmailGreen.com. Questions concerning the Site, the software products, or any aspect of this Agreement should be directed to EmailGreen.
23. No Spam
User shall not send unsolicited bulk email (spam). All Users are required to accept and adhere to EmailGreen's anti-spam policy. This policy also applies to using EmailGreen's network to send SMS text messages.
Additional Terms for Account Owners
If a User signs up for a paid EmailGreen subscription or account, that User shall be deemed an “Account Owner” and the following additional terms and conditions shall also apply to such User. Such Account Owner may have contacts in his or her account that may use the Site to make payments to the Account Owner for events, such as meetings, practices, event fees, sports equipment or other fees or costs relating to the group or team.
1. Monthly Membership Fee for Account Owners
The charge to an Account Owner for the ‘Premium Account Membership’ shall be a minimum of $4.95 per month for an Account Owner account, which shall be charged on the Account Owner’s credit card at the end of each 30-day cycle after Account Owner’s initial subscription date. Such charge shall reflect EmailGreen's parent company, Synchronous Technologies Inc.
2. Additional Benefits
EmailGreen offers additional benefits to the Account Owner (paying subscribers). These benefits include, but are not limited to, more flexible emailing tools, faster contact import functions, and processing of payments for events and seasons. EmailGreen offers a store venue ("Store") which allows Account Owners to offer and sell items to the public at large. EmailGreen shall in no way be involved in the transaction between buyers and sellers. Any dispute between the buyer and the seller shall not involve EmailGreen. Account Owners shall therefore indemnify EmailGreen fully for any costs, fees, including attorneys fees EmailGreen may have to pay in defending itself in defending itself against a buyer or a seller.
3. Items Sold via the Store
Account Owner waives any guaranty or warranty obtained regarding the quality, safety or legality of items advertised, any complaints regarding the accuracy of content or listings, including disputes or complaints regarding the description of items, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction to the fullest extent allowable under the law.
4. Transfer of Items Sold via the Store
EmailGreen does not transfer legal ownership of items from the seller to the buyer. Nothing in this Agreement shall modify the provisions of California Commercial Code Section 2401(2) which provides in pertinent part "Unless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of title is to be delivered at a different time or place; and in particular and despite any reservation of a security interest by the bill of lading."
5. Transaction Fees
Account Owner agrees that EmailGreen charges a transaction fee for payments made through the Site by players to Account Owners and payments made through the Store by any buyer. Such transaction fee(s) shall be charged on Account Owners credit card at the end of each month. By signing up for the premium account, Account Owner expressly authorizes EmailGreen to automatically process all such fees by credit card at the end of each month. All transaction fees shall be non-refundable. The fee charged by EmailGreen shall be in addition to any transactional fees paid to PayPal or Authorize.net. PayPal and Authorize.net are third party vendors which provide on-line payment services.
6. Restriction on Use of the Store
While using the Store, Account Owner shall not:
Violate any laws or third party rights; Use the Store if you are not able to form legally binding contracts or are under the age of 18; Fail to deliver items purchased from Account Owner, unless the buyer fails to meet agreed upon terms; Intentionally, accidentally, or negligently circumvent or manipulate EmailGreen's fee structure, billing process or fees owed to EmailGreen; Transfer Account Owner’s account and User Identification to another person or entity without EmailGreen's express written consent; Offer to sell or sell any of the following prohibited items: Adult content and sexually oriented materials including child pornography; Agricultural compounds including fertilizers; Alcoholic beverages including beer, wine, spirit, and liquor; Animals, fish, plants, and wildlife products; Cigarette, cigar, tobacco, or nicotine products;
Copyrighted items and content which breach any copyright or other intellectual property rights; Counterfeit items including, coins, currency, and stamps; Drug paraphernalia and narcotics; Firearms, fireworks, ammunition, pyrotechnics, and explosives; Government-issued identification documents including passport, driver license, police badge and insignia; Human bodies or body parts and bodily fluids; Illegal telecommunication or electronic equipment such as satellite, digital, cable Law enforcement and military items prohibited by federal and state law; Lottery and raffle tickets, sweepstakes, pyramid schemes, manufacturer coupons, multiple level marketing programs, etc.; Mailing lists, personal information, e-mail addresses, or URL's; Meat, livestock and poultry; Medicine, medical devices, and health-related supplements; Weapons such as pepper spray, switchblade knives, ninja stars, or concealed weapons; Products recalled by the U.S. Consumer Product Safety Commission, other government agency, or product manufacturers; Real estate; Slot machines and gambling equipment;
Stocks, bonds, and securities of companies; Non-transferrable travel packages and offers including vouchers, airplane tickets, train tickets, and timeshare properties; and
Any other item that violates any applicable federal, state or local law or regulation or which EmailGreen determines, in its sole discretion, is inappropriate for sale through the Store. If Account Owner does violate this provision, EmailGreen shall be able to immediately terminate Account Owner’s account, and recover any and all fees, costs and expenses incurred from such actions, including attorneys fees.
7. Abuse and Misuse of Store
EmailGreen may investigate reports of abuse or misuse and, if appropriate, limit or prohibit Account Owners’s use of the Store. Account Owner expressly agrees that EmailGreen may access Account Owner’s account and records at EmailGreen’s sole discretion to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized use of the Website. EmailGreen reserves the right to terminate Account Owner’s account or Account Owner’s access to the Store immediately, with or without notice to Account Owner, if EmailGreen believes Account Owner has violated any of the Terms of Use, furnished EmailGreen with false or misleading information, or interfered with use of the Store by others. All determinations are final and are made at EmailGreen's sole discretion. By agreeing to these Terms of Use, Account Owner agrees to participate in investigations and be bound by EmailGreen's determinations. If EmailGreen, in its sole discretion, determines that a violation of this Agreement has occurred, or if EmailGreen believes that Account Owner’s actions may cause legal liability for Account Owner, EmailGreen’s other users or EmailGreen itself, EmailGreen may, on its own choosing, take actions or pursue legal remedies that it believes are necessary or prudent, including, but not limited or required to, issuing a warning, filing a complaint, deleting any listings, advertisements or offending material from the Site, suspending or canceling Account Owner’s account, releasing user information, filing a report with the appropriate authorities and/or excluding any person(s) who may have violated any terms of this Agreement.
8. Termination
EmailGreen may terminate Account Owner’s account and services at any time upon notice to Account Owner. EmailGreen may also, but has no duty, to immediately terminate its services, terminate Account Owner’s access and password and/or remove any content. Upon termination, Account Owner shall remain fully and solely responsible for any applicable transaction fees still due and owing. Termination by Account Owner requires 30 days written advance notice to EmailGreen. Account Owner may request a refund for any unused prepayments that were collected by EmailGreen. All subscription-related refunds will be pro-rated with the remaining balancing starting 30 days from the receipt of the request to cancel the account. This refund will be processed within 30 days of receipt of the account termination request and will be in the form of a credit to the card EmailGreen has on file.
9. Limitation of Liability
EmailGreen provides the Store "as is" and without any warranty or condition, express, implied or statutory. To the fullest extent legally permitted, EmailGreen specifically disclaims any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement. Account Owners assume total responsibility and risk for use of the Store. EmailGreen cannot guarantee continuous or secure access to its services and operation of the Store may be interfered with by factors outside of its control. EmailGreen shall not be liable for any loss of money, goodwill or reputation or special, indirect, or consequential damages arising out of Account Owners use of the Store or EmailGreen's services.
Additional Terms for Members of Groups
A User who signs up as a member of a group on the EmailGreen Site shall be deemed a “Member”. Members of groups may have additional benefits provided to them. There are no additional monthly fees charged to group members.
1. Transaction Fees
User, Member and Account Holder agree that PayPal and EmailGreen charge fees for payments made through the Site. Such transaction fee(s) are in addition to event and season fees. By providing your billing information through the EmailGreen and PayPal payment systems, User, Member and Account Holders expressly authorize PayPal and EmailGreen to automatically process all such fees. All transaction fees are non-refundable. PayPal is a third party vendor which provides on-line payment services.
2. Limitation of Liability
EmailGreen assumes no risk of liability in connection with these transactions, and any disputes shall be handled directly between the parties and not involve EmailGreen whatsoever.
Additional Terms for Sponsors
Individuals, companies, and other entities may choose to sponsor a EmailGreen group or company (hereinafter "Sponsors"). Sponsors and their sponsorships are displayed on the group Website, at the discretion of the group organizer. Some accounts provide an online mechanism for a third party to become a Sponsor directly through the group Website.
1. Transaction Fees
Users, Members and Account Holders agree that PayPal, Authorize.net, and EmailGreen charge fees for payments made through the Site by Sponsors to Account Owners. Such transaction fee(s) are in addition to sponsorship fees charged by the Account Owner. By providing User, Member, or Account Holder billing information through the EmailGreen and PayPal and Authorize.net payment systems, EmailGreen is expressly authorized to automatically process all such fees. All transaction fees are non-refundable. PayPal and Authorize.net are third party vendors which provide on-line payment services.
2. Limitation of Liability
EmailGreen assumes no risk of liability in connection with the transactions between Sponsors and Account Owners, and any dispute between a Sponsor and an Account Owner shall be handled directly between the Sponsor and Account Owner.
Exhibit A
1. General
EmailGreen is committed to protecting the privacy of any person or entity that uses, or makes use of its services, products, or system (“User” or “Users”). This privacy policy (hereinafter “Policy”) explains when and how personal information is collected, used, disclosed and protected with respect to the EmailGreen’s web site located at www.EmailGreen.com (the "Site"). By using the Site, the User fully understands and consents to the privacy practices described in this Policy, as reasonably modified from time to time by EmailGreen. User has carefully reviewed this Policy in order to fully understand the EmailGreen data privacy practices.
2. Personal Information
Personal Information shall be defined, but not limited to, as information that is specifically identifiable to a unique individual, information such as a name, address, individual’s telephone number, e-mail address, account number, information about an individual's activities if directly linked to that person (hereinafter “Personal Information”). Personal Information also includes, but shall not be limited to, demographic information, such as date of birth, one’s gender, geographic area, and personal preferences if such information can identifiable and unique.
3. Personal Information We Collect
EmailGreen collects Personal Information from Users in a number of ways, examples of such are: when Users visit the EmailGreen Site, EmailGreen collects Personal Information when Users: (1) register and set up an account; or (2) contact EmailGreen by e-mail for any reason. When Users visit the EmailGreen web site, some information is also automatically collected, such as the Users computer's Internet Protocol (“IP”) address, Users computer's operating system, the browser type, the address of a referring web site, and the time and date of Users visit and purchases. EmailGreen treats this information as Personal Information if it is combined with or linked to any of the identifying information mentioned above. While these may be some examples of how EmailGreen can gather and obtain User Personal Information, User shall not consider this to be an exhaustive list.
4. How We Use Personal Information
EmailGreen uses Personal Information to process User requests and provide Users with services, to inform Users about other products, to provide Users with products and/or services EmailGreen believes may be of interest to the User. When EmailGreen uses User Personal Information in its own marketing efforts, EmailGreen provides Users with options and do not disclose the User’s Personal Information to third parties, except as described in this Policy. Personal Information provided online may be linked together or merged with other Personal Information so that EmailGreen may better understand User needs and inform Users about EmailGreen products or services. EmailGreen also uses User Personal Information to send Users informational e-mails, including without limitation to newsletters, notifications by account owners, project managers, forum moderators, league managers, group members, and reminders of event schedules and attendance.
5. Emails
If Users send emails through the EmailGreen Site, the User must understand that the email will include email address and any personal message included. Due to the nature of the e-mail being sent from the EmailGreen Site, these emails are not private communications and therefore are not confidential. EmailGreen has no responsibility to keep such information confidential if User sends emails through the EmailGreen Site. User shall not use the Site or any software provided through the Site to send spam or content that violates this agreement or any other User agreement.
6. Security
EmailGreen has put security measures into place in an effort to protect User’s Personal Information while such information is under EmailGreen control. All Personal Information relating to Users are stored in a reasonably secure environment, separate from the Site. User’s account information is accessible online only through the use of a confidential password. To protect the confidentiality of Personal Information, User must keep its password confidential and not disclose it to any other person. User is solely responsible for all uses of the Site by any person using User password. User shall advise EmailGreen immediately if User believes its password has been misused or improperly obtained.
7. Control of Personal Information
EmailGreen gives the User the opportunity to opt-out of receiving communications from EmailGreen and to view, correct, or delete User’s own Personal Information. EmailGreen does not sell, rent, or share Personal Information with third parties without User’s prior consent, except in the limited circumstances, such circumstances described in this Policy. EmailGreen may share Personal Information with third-party vendors who assist EmailGreen in performing functions necessary to operate EmailGreen’s own business. These functions may include, but are not limited to, website hosting, credit card transaction processing, and data entry. EmailGreen limits User Personal Information shared with EmailGreen third-party vendors to that which EmailGreen believes is necessary to carry out those functions. In addition, EmailGreen may disclose Personal Information in the good faith belief that EmailGreen are lawfully authorized to do so, or that doing so is reasonably necessary to comply with legal process or authorities, respond to any claims, or to protect the rights, property or personal safety of EmailGreen, its users, its employees or the public. Information about EmailGreen Users, including Personal Information, may be disclosed or transferred as part of, or during negotiations of, any merger, sale of company assets or acquisition.
8. Cookies, IP Addresses and URLs
Automatically Collected Information: EmailGreen automatically receives certain types of Personal Information whenever a User interacts with EmailGreen. For example, when a User visits the Site, EmailGreen automatically collects the User IP address and the type of browser the User uses. Information may be automatically collected through the use of a term called "cookies." EmailGreen also collects various types of information called ‘clickstream information’, which is information about Users browsing behavior, such as IP address information, entry and exit points for the Site, search terms, web site addresses User visits, page views, and impressions. Cookies are also collected. Cookies are small text files placed on Users hard drive by a web site when Users visit a particular website. These files identify a User’s computer and record a User’s preferences and other data about a User’s visit so that when the User returns to the site, the site knows who the User is, and can personalize the User visit. Most browsers automatically accept cookies as the default setting. Users can modify the setting to reject cookies or to prompt Users before accepting a cookie from the sites User visit by editing browser options. EmailGreen may place or recognize a unique cookie on Users browser to enable Users to receive customized content or services. Any cookies made available to shopping carts or other tracking information sent to third parties will reflect only de-identified demographic or other data linked to data Users have voluntarily submitted to EmailGreen, will be encrypted, and will not be used to identify Users individually. If Users decide not to accept EmailGreen cookies, Users will still be able to access those parts of the EmailGreen site available to the general public, but Users may not be able to login or use the site's features or services, and Users may have a less satisfactory experience.
9. Links to Other Web Sites
The EmailGreen Site may contain links to other web sites. Any Personal Information User provides on the linked pages is provided directly to that third party and is subject to that third party's privacy policy. Except as described above, EmailGreen is not responsible for the content or privacy and security practices and policies of web sites to which EmailGreen links. Links from EmailGreen’s Site to third parties or to other sites are provided for User convenience. EmailGreen encourages Users to learn about their privacy and security practices and policies before providing them with Personal Information.
10. Policy Changes
EmailGreen reserves the right to change or alter this Policy at any time. EmailGreen may use User Personal Information for new, unanticipated uses not previously disclosed in this Policy. If EmailGreen’s privacy practices change, EmailGreen will post the policy changes to our web site and notify Users by indicating the date the privacy policy was last updated. EmailGreen encourages Users to check back at the EmailGreen Site periodically if the User is concerned about how the Users Personal Information is used.