Email Marketing Terms of Use

Visualnet Universal Terms of Use, Anti-Spam and Acceptable Use Policies and any applicable purchase orders are incorporated herein by reference. Unless otherwise stated, capitalized terms used herein have the meaning ascribed to them in the Universal Terms of Use, Anti-Spam and Acceptable Use Policies and purchase order, if any.

Visualnet Email Services provide its business customers with the tools to sign up web site visitors, collect and retrieve visitor sign-up data, and develop and execute simple interactive marketing communications with visitors.

1.1 You must complete a registration form in order to use the Services and agree to provide true, accurate, current, and complete information as requested in the registration form, and keep the information updated during the Term. As part of the registration process, you will identify an email address and password for your Visualnet account. You are responsible for maintaining the security of the Your Account, passwords, files, and for all uses of Your Account and of the Services in your name. At its sole discretion, Visualnet reserves the right to refuse registration of accounts, or cancel an existing account, that it deems to be inappropriate or otherwise in violation of any applicable terms of use. Visualnet may follow the instructions of any person who represents he is authorized by you to use or make any changes to the account, provided such person delivers the correct user name and password. Visualnet shall have no liability to you for any unauthorized use of Your Account or the services provided hereunder.

You acknowledge that Visualnet has no obligation to monitor the content provided by you or your use of the Services, but may do so in its sole discretion and may remove any such content or prohibit any use of the Services it believes may be (or alleged to be) in violation of these terms of use in its sole discretion.

2.1. 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 the Services or any software, documentation, or data related to the Services (collectively, the "Software"); modify, translate, or create derivative works based on the Services or any Software; or copy (except for archival purposes consistent with applicable law), distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party unless specifically authorized by Visualnet; or remove any proprietary notices or labels.

2.2. You represent and warrant that you will use the Services only in compliance with all applicable Visualnet terms of use and policies including its Universal Terms of Use Privacy Policy, Anti-Spam and Acceptable Use Policies and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws).

2.3. You may not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. You may only use permission based lists. A permission based list is defined as a list in which each entity on the list is a person or organization that has explicitly granted their permission to receive emails, or other communications from you. You are solely responsible for ensuring that any email campaign sent using the Service does not generate a number of spam complaints in excess of industry norms. Visualnet, in its sole discretion, shall determine whether the level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive. Visualnet may terminate your use of the Services if it determines that the level of spam complaints is higher than industry norms.

2.4. You agree that each email sent in connection with the Services shall contain the Visualnet "unsubscribe" link that allows an email recipient to remove themselves from your mailing list. You are prohibited from mailing to any recipient who has clicked on the unsubscribe link. You shall process all unsubscribe requests within ten (10) days of request by an email recipient. Failure to comply with this requirement may result in a termination of Your Account and all payments previously paid to Visualnet shall be forfeited at the time of termination.

2.5. You agree that each email sent in connection with the Services shall contain a link to the then-current Privacy Policy, unless you have obtained specific authorization from Visualnet to remove such link. Failure to comply with this requirement may result in a termination of Your Account.

2.6 Subject to Visualnet applicable terms and conditions, you may upload applicable Content into your email. Content is only to be used in conjunction with the Services and you are expressly prohibited from using Content for any other purpose.

2.7. You are prohibited from using Content within an email to:

Sublicense, distribute, transfer or assign any Content in connection with any other product except for an Visualnet email; Reverse engineer, decompile, translate or dissemble any part of the Content; Remove any copyright notices, trademarks or watermarks from any place where it appears in the Content; Use any part of the Content as part of another trademark, service mark or logo; Use the Content in any way that could be considered by a reasonable person to be defamatory, pornographic, libelous, immoral, obscene or fraudulent, or illegal, either by making physical changes to them, in the juxtaposition to accompanying text or images or otherwise; Use the Content in a manner that includes people as part of any sensitive subject matter, which shall be determined by Visualnet in its sole discretion. Examples of sensitive subject matters includes, but is not limited to: mental and physical health issues, sexual activity or preferences, substance abuse, guns and weapons, crime, suicide, abortion, hate groups, political or religious fanaticism, etc.

2.8. For every email message sent in connection with the Services, you acknowledge and agree that the Services shall automatically add an identifying footer stating "Powered by Visualnet. NetŪ" or a similar message, unless you have obtained specific authorization from Visualnet to remove such identifying footer.

2.9. In using the varied features of the Services you may provide Visualnet with information such as name, contact information, or other registration information relating to either you or your employer if applicable. Visualnet may use this information and any technical information about your use of this web site to tailor its presentations to you, facilitate your movement through this web site, or communicate separately with you. If you accessed the Services through a partner of Visualnet, all information obtained by such partner about you may be shared with Visualnet. Visualnet may also share any of your information with such partners. Visualnet will not provide information to companies that you have not authorized, and Visualnet will not permit the companies that get such information to sell and redistribute it without your prior consent.

You may terminate the Services at any time by sending an email message to or by sending written notice to: Visualnet Media, Inc., PO Box 130503 Carlsbad, CA 92013, Attn: Billing. Visualnet may terminate the Services at any time with or without cause, and with or without notice. Visualnet shall have no liability to you or any third party because of such termination. Upon termination by either party, no payments from you held by Visualnet shall be refunded at the time of termination and you shall have no recourse against Visualnet in relation to non-refunded funds, unused email credits or unused responses remaining (or time left) related to email subscriptions. 3.1. Upon termination for any or no reason, Visualnet may delete any of your archived data within 30 days after the date of termination. Additional fees may apply if you terminate your Services subscription pricing plan and subsequently choose to reactivate Your Account under a new subscription pricing plan. 3.2. At any time after the date of commencement of the Services, if you have not sent an email under a pay as you go pricing plan ("PAYG Plan") for more than thirty (30) consecutive days, Your Account may become inactive. If you are on a subscription pricing plan, Your Account will be deemed to be inactive when the end of your subscription period has lapsed and no further payments are remitted to Visualnet to continue the Services. When an account is classified (at Visualnet' sole discretion) as inactive, Visualnet will use reasonable efforts to notify you using the email listed Your Account. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS ASSOCIATED DATA, INCLUDING SIGNUP CAMPAIGN RESULTS, MAY BE PERMANENTLY REMOVED FROM Visualnet DATABASE. 3.3. If you are on a PAYG Plan you shall have twelve (12) months from the date of purchase of email credits in which to use all such email credits purchased. After twelve (12) months, all unused email credits will automatically expire, and you shall not be entitled to a refund of unused credits nor shall you have the right to an extension of time in order to use such unused credits.

Visualnet may offer Services on a trial basis. All customers who use the Services on a free trial basis shall be bound by these terms of use. Free trial customers shall have a finite time period to use the Services on a trial basis. Free trial customers shall not exceed set limits for free email credits in the applicable month related to the Email Services. Once the trial period has expired, or the number of free email credits has been depleted related to the Email Services, as applicable, free trial customers shall be subject to the payment terms outlined in this section and shall pay for the Services according to Visualnet published email price list. 4.1. After the trial period has expired for email credits, free trial customers may choose to purchase the Email Services on either a PAYG Plan or a subscription pricing plan (the "Email Subscription Plan"). The PAYG Plan enables customers to purchase a specified number of email credits to use in connection with the Email Services. The pricing for the PAYG Plan is described at the email price list posted on 4.2. Visualnet Email Subscription Plan offers customers the Email Services based on a flat monthly fee described in the email price list. The charges are based upon the number of unique subscribers contained in Your Account and the corresponding pricing tier into which such number falls. A unique email address stored by you shall be deemed to be one (1) unique subscriber. Visualnet tier-based pricing allows for unlimited customer emails, provided that your total unique subscribers are below 40,000 subscribers. Customers with unique subscribers above 40,000 shall be subject to overage fees determined by Visualnet if you send total emails in any one month that is greater than four (4) times the number of maximum allowed unique subscribers in your paid tier. 4.3. Email Services customers may elect to switch from their original chosen pricing plan (either the PAYG Plan or the Email Subscription Plan) to the other pricing plan at any time (e.g., if you start with the PAYG Plan, you may switch to the Email Subscription Plan and vice versa). However, additional fees will apply if you subsequently switch back to your original plan. If you have originally chosen the PAYG Plan, you must use all existing email credits prior to switching into the Email Subscription Plan or you may elect to forfeit those unused credits. The Email Services must be paid in advance prior to your usage of the Email Services. 4.4. The Services must be paid in advance prior to your usage of the Services. Access to the Services shall be enabled once you remit payment. Access to the Services shall be disabled if your subscription fee payments become delinquent. If you are on a monthly subscription plan, your credit card will be charged on the first day of each subsequent month following the initial month of subscription. If you are on a prepaid subscription plan, the plan will automatically renew under the same term as the previous plan and your credit card will be charged on the first day following the expiration of the previous plan. If Visualnet modifies its Services pricing structure, it will use reasonable efforts to notify its customers prior to automatically renewing a prepaid plan. 4.5. The price list for the Services is posted on our Web site at Prices may change at any time at Visualnet' sole discretion. You are responsible for understanding what current prices are in effect at all times. Payment for Services shall be paid with any valid credit card that is accepted by Visualnet. Checks will only be accepted for prepayments of Services upon approval by Visualnet. All payments shall be made in U.S. dollars. You authorize Visualnet to keep your credit card or bank account information on file and charge such credit card or debit such bank account for the continuing usage of existing Services or the future usage of the Services. Your Account will be disabled if Visualnet is unable to charge your credit card for Services rendered or future Services purchased. Visualnet will attempt to notify you of its intent to suspend access to the Services prior to such suspension taking effect.

Email Services customers must use the Services in accordance with applicable terms of services including Visualnet Acceptable Use and Anti-Spam policies. Visualnet prohibits customers purchasing its Email Services from sending email messages with content that is of the following nature:

Messages that are in any way illegal such as sales of illegal substances, solicitation of escort services, or sales of any products or services that cannot be legally sold by you; Pornographic messages; Grossly offensive messages such as messages promoting hatred, bigotry, intolerance of religious beliefs, racism or any other messages that Visualnet, at its sole discretion, may deem to be offensive; Includes images or other content that is not expressly authorized by either Visualnet or the owner of such content; Introduces any computer viruses, worms or software code that is detrimental to your email recipients; Any messages that includes spam (See Visualnet' Anti-Spam Policy); or Any messages that are in any way prohibited by applicable law, that would constitute a violation of applicable law or be inconsistent with community standards in any jurisdiction in which the recipient resides.

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 any related technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.