Admadeeasy.com provides small and medium
sized businesses and organizations a variety of tools and
resources to collect visitor email addresses and to create,
launch, and manage online email campaigns. This service may
not be used for the sending of unsolicited email (sometimes
called "spam"). See our
The following are the terms and
conditions for use of the Services. By clicking the 'I
accept these terms and conditions' button on the sign-up
page or by logging in to Admadeeasy.com, 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:
Admadeeasy.com may not be used for the
sending of unsolicited email (sometimes called "spam").
Admadeeasy.com may only be used for
Your use of the Service is subject to
the Prohibited Content and Commerce Statement.
The Services will be subject to
monthly subscription fees ("Paid Services") once you have
completed your free trial period or have exceeded the free
Admadeeasy.com will not use your
customer list/subscriber list or any other customer
information for any other purposes than those intended with
You agree you will not access or
otherwise use third party mailing lists in connection with
preparing or distributing unsolicited email.
You agree to import, access or
otherwise use only permission-based lists (note: purchased
lists may not be used) in connection with your use of the
Every email message sent in connection
with the Services must contain the Admadeeasy.com
"unsubscribe" link that allows subscribers to remove
themselves from your mailing list.
You agree to process unsubscribe
requests within a 10 day timeframe
You will adopt and maintain the
which may be modified by Admadeeasy.com from time to time.
2. Services and Support
2.1 The Services are provided subject to
this Agreement, as it may be amended by Admadeeasy.com, and
any guidelines, rules or operating policies that
Admadeeasy.com may establish and post from time to time (the
"Agreement"), including without limitation Admadeeasy.com's
as linked from all email generated from Admadeeasy.com or
otherwise furnished to you (the "Policy") (unless otherwise
stated, all references to the Agreement shall include the
Policy). By posting updated versions of the Agreement on the
Constantcontact.com website, or otherwise providing notice to
you, Admadeeasy.com 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
or at Admadeeasy.com'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. 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.
3. Free Trial, Fees and Payment
3.1 Once you have completed your free
trial period or have exceeded the free subscriber limit, you
will be subject to monthly subscription fees. You will be
required to submit payment for Services (unless you have
already provided payment or means of payment, such as credit
card information) and may purchase, in advance, a monthly
subscription for Paid Services. Access to the Services will be
disabled until payment is received.
3.2 Fees will be billed monthly or your
pre-paid account will be debited monthly for Services. The
Fees are based on the highest number of subscribers in your
account at any time during the previous month. If selected by
you, you will also be billed for premium image hosting
services. You are responsible for reviewing the Fee Schedule
from time to time and remaining aware of the Fees charged by
Admadeeasy.com. The Fee Schedule, including subscriber levels
and prices, is subject to change at any time in
Admadeeasy.com's discretion. Admadeeasy.com will attempt to
notify you via email prior to the effectiveness of any change
to the Fee Schedule.
3.3 Payment for Services will be made by
a valid credit card accepted by Admadeeasy.com. 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 Admadeeasy.com to charge
your credit card for such amounts on a regular monthly basis
beginning at the end of your free trial period. If
Admadeeasy.com is for any reason unable to effect automatic
payment via your credit card, Admadeeasy.com will attempt to
notify you via email and your Admadeeasy.com account will be
disabled 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 Admadeeasy.com, regardless of whether delivery of such
messages to their intended recipients is prevented or blocked
by any third party.
4. Email, Image Hosting & Permission
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
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 Admadeeasy.com.
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 permission-based lists (note: purchased
lists may not be used; please contact Admadeeasy.com if you
4.3 If you have used the Admadeeasy.com
feature that allows you to request a recipient to confirm that
you have his or her permission to send emails to him or her,
and such recipient has not responded or does not respond
affirmatively to such request for confirmation, you agree that
you shall not send emails to that recipient.
4.4 You cannot mail to distribution
lists, newsgroups, or spam email addresses. You cannot copy a
Admadeeasy.com template or any other features or functionality
from the Services and use them for any purpose other than
sending emails from the Service.
4.5 You are responsible for monitoring,
correcting, processing unsubscribe requests within 10 days,
and updating the email addresses to which messages are sent
through your Admadeeasy.com account.
4.6 Emails that you send through the
Service may generate abuse complaints from recipients. As a
matter of privacy, Admadeeasy.com 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. Admadeeasy.com, 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
4.7 Images hosted by Admadeeasy.com may
only be used in connection with the Service and for no other
4.8 You are responsible for complying at
all times with the Admadeeasy.com Prohibited Content and
4.9 Admadeeasy.com, at its own
discretion, may immediately disable your access without refund
to the Services if Admadeeasy.com believes in its sole
discretion that you have violated any of the email and
permission practices listed above, or the Admadeeasy.com
Prohibited Content and Commerce Policy.
5. Restrictions and Responsibilities
5.1 Admadeeasy.com will not use your
customer list or any other customer information for any other
purposes than those intended with 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.
Unless you are an authorized
Admadeeasy.com Reseller, you may not display, copy, reproduce,
or distribute the Software, any component thereof, any
documentation provided in connection with the Services or the
Software, or any content, including but not limited to
newsletters, distributed to you by Admadeeasy.com in
connection with the Services. Violation of these restrictions
may result in the termination of this Agreement.
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
5.4 You acknowledge and agree that the
Services and the Admadeeasy.com company names and logos and
all related product and service names, design marks and
slogans, are the property of Admadeeasy.com 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 Admadeeasy.com. 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 the
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 Admadeeasy.com 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
Admadeeasy.com 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 Admadeeasy.com has no
obligation to monitor the content provided by you or your use
of the Services, Admadeeasy.com 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. For details, see Admadeeasy.com's
Prohibited Content and Commerce
Statement, the terms of which
are incorporated into this Agreement by reference.
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 Admadeeasy.com" or a similar message. You
agree to cooperate with and provide reasonable assistance to
Admadeeasy.com in promoting and advertising the Services.
5.8 In using the varied features of the
Services, you may provide information (such as name, contact
information, or other registration information) to
Admadeeasy.com. Admadeeasy.com 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. If
you licensed the Services as a result of solicitation by a
Marketing Partner of Admadeeasy.com, Admadeeasy.com may share
your information with the Marketing Partner and the Marketing
Partner may share information with Admadeeasy.com.
Admadeeasy.com will not provide information to companies you
have not authorized for that purpose unless required by law or
if you are terminated from Admadeeasy.com due to unsolicited
commercial email being sent from your Admadeeasy.com 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 Admadeeasy.com's standard
rates will apply. The Marketing Partner may notify
Admadeeasy.com of any change in your status.
6.1 You may terminate this Agreement at
any time by calling Admadeeasy.com Customer Support. There are
no refunds for any fees paid.
6.2 Admadeeasy.com 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. Admadeeasy.com
shall have no liability to you or any third party because of
such termination or action.
6.3 Admadeeasy.com 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. Admadeeasy.com 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
Admadeeasy.com's sole discretion) as inactive for over 120
days, Admadeeasy.com has the right to permanently remove your
subscriber data. Admadeeasy.com 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.
Admadeeasy.com 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 Admadeeasy.com 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
Admadeeasy.com 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 Admadeeasy.com 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 "Admadeeasy.com") BE LIABLE TO
YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR
CONSEQUENTIAL DAMAGES, EVEN IF Admadeeasy.com 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, Admadeeasy.com 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
Admadeeasy.com 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
9. Export of Services or Technical
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.
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 Admadeeasy.com 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 Admadeeasy.com 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 Commonwealth of Massachusetts, 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 Boston,
10.6 Admadeeasy.com is a trade name of
Roving Software Incorporated, a Delaware corporation.