These terms govern your use of the UJAT Digital Marketing and Virtual Agency Office website or our services (collectively, “Services”) and any software that we include as part of the Services, including any applications,
All representations, warranties, covenants, conditions and agreements contained in the contract between You, hereinafter the Client and UJAT a registered trademark of itsme!Rocks LLC. hereinafter the Company, and the other related Documents or official communications as same may be modified, renewed, substituted or extended are hereby made a part of this agreement to the same extent and with the same force as if fully set forth herein.
I. Acceptable Use
A. Email Correspondence
When sending an email, your recipient must be either someone with whom you have a personal or professional relationship, or is a customer, member or subscriber of your business or organization.
B. Email Marketing
We have strict rules for sending to mailing lists. When sending to an email marketing list, your recipient must be a customer, member or subscriber of your business or organization or who has specifically asked to receive your emails by opting in or signing up in some way, or someone who has bought a product or service from you in the past 18 months.
The following rules must be followed when sending to a mailing list:
- Lists must be 100% opt-in. This means that you must have obtained the permission of your recipients to send them emails. Examples of lists that are not allowed are purchased lists, email addresses scoured from the Internet, and marketing leads (including lists built via LinkedIn).
- In addition, lists must be up-to-date, and have had emails sent to them recently (within the previous 3 months). We closely monitor the percentage of bouncing email addresses and take action where necessary.
- You must not use the service to ‘clean’ your mailing list. Cleaning your mailing list means testing the validity of email addresses by sending to those addresses when you know or suspect a list is out of date or contains a high proportion of invalid addresses.
- An opt-out (unsubscribe) link must be placed at the bottom of each email which will allow the recipients to immediately remove themselves from the mail list.
- Emails must not contain content related to the industries mentioned below.
C. Email Restrictions
You must also NOT use the service to send emails that contain content related to the following industries or activities. Such emails, even if ‘opt-in’, generate a high proportion of complaints and could jeopardize our service for all of our users.
- Pornographic or adult content
- Adult novelty items
- Dating or escort services
- Multi-level marketing
- Affiliate marketing
- Pharmaceutical products
- Get-rich-quick, work-at-home schemes or paid surveys
- Online trading, forex trading, or stock market related content
- Gambling services, products or gambling education
- Online sweepstakes
- Streaming TV services
- Credit repair, get-out-of-debt content
- Advertising your CV
- Mortgages and/or loans (without prior approval)
- Nutritional supplements, herbal supplements or vitamin supplements
- List brokers or list rental services
- Fake phishing emails for a ‘training exercise’ or penetration testing
Unsolicited marketing email (i.e. without proper permission from recipients).
We have a strict policy against spamming. We forbid the use of the service to send unsolicited mass emails or unsolicited emails of any kind.We reserve the right to terminate your account “for cause” if we deem you to be in violation of our anti-spamming policies.
- We also reserve the right to suspend your account pending review upon receipt of any complaint or other evidence that you may be engaging in any spamming activity.
- You must also NOT use the service to a) knowingly send emails containing viruses, worms, or any other harmful code or software, b) send defamatory, harmful, abusive, vulgar or obscene content or material, c) send emails that are not in compliance with all applicable laws, or that do infringe upon the rights of any other party, including but not limited to copyrights, trademarks, privacy rights, moral rights, trade secrets, patents and any other rights d) harass or send threatening content.
- You must also NOT use the service in a manner that substantially reduces performance for other subscribers, send “mailbombs” or other harmful devices, or engage in activity designed to gain unauthorized access to any of our computers or information.
- You must also NOT use the service to auto-forward emails originally sent by 3rd parties. Even if these mails are being forwarded to 3rd party email accounts you own.
- You must have full control of the content and quality of emails sent.
In the event that we deem you to be in violation of any of these policies, we shall immediately suspend your account and take further action as deemed necessary, including pursing legal action.
II. Email Access and Service
Your access to the service depends on the level of access you select.
You may change or discontinue your account at any time.
We reserve the right to modify, suspend or terminate access to the service on our system at any time for any reason without notice or refund, including the right to require you to change your password. We also reserve the right to delete all program and data files associated with your account and/or other information you have on our system. For the purposes of calculating monthly email usage, an email sent to multiple recipients counts as multiple emails. For example, an email sent to 2 recipients, and CC’d to 3 other recipients, counts as 5 emails.
III. Service Level Agreement
We guarantee that the service will be functioning 99% of the time in a given 12-month period, excluding scheduled maintenance.
IV. Fees and Payment
We may charge you a monthly or yearly fee depending on which managed service you choose. You can cancel your account at any time, but you will remain liable for all charges up to the end of your managed services contract with us. We reserve the right to change our fees at any time without advance warning.
V. Limitation of iability
You must bear the risk of any liability relating to your use of the service.
YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees), relating to any acts by you or materials or information transmitted by you in connection with the service, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.
VII. Disclaimers of Warranty
THE SERVICE IS PROVIDED “AS IS” AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTEE, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.
VIII. DISPUTE RESOLUTION
Parties agree to attempt to resolve any dispute by negotiation between the parties.
If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties.
In all other circumstances, the parties specifically consent to the local, state and federal courts located in the state of Florida The parties waive any jurisdictional or venue defenses available to them and further consent to service of process by mail.
D. Attorney Fees
The prevailing party shall be entitled to recover its attorneys’ fees and costs in any dispute resolved by binding arbitration or litigation.
Modifications to this Agreement must be in writing and signed by both parties. Failure by either party to enforce any right or seek to remedy any breach under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach.
All notices under this Agreement shall be given in writing either by: (a) Fax or Email, with return confirmation of receipt; (b) Certified or Registered mail, with return receipt requested. Notice will be effective when received, or in the case of email or fax, on confirmation of receipt.
Rights or obligations under this Agreement shall not be transferred, assigned or encumbered without the prior written consent of the other party.
X. Governing Law.
This Agreement shall be governed by the laws of Florida.
If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. Where possible the invalid or unenforceable provision shall be interpreted in such manner as to be effective and valid under applicable law.