Background Information

EvolveMediaMail.com is a fully managed email campaign and mailing service provided by Evolve Media, Inc., an award winning web and creative firm located in Orange County, California. The following are our terms and conditions for using EvolveMediaMail.com. By using the EvolveMediaMail.com service, or by logging into the EvolveMediaMail.com system, you wholeheartedly accept these terms and conditions.

A. Permission-Based Lists Only (Opted in email addresses)

If you don't have permission to email the people on your list, you may not use EvolveMediaMail.com. If the first thing that comes to your mind is, "But what if..." then you probably do not have permission to send emails to your list. EvolveMediaMail.com is specifically built for permission marketing. There are other solutions out there that don't necessarily require permission. They merely require that you follow CAN-SPAM rules and minimal stuff like that. But at EvolveMediaMail.com, we're a little more strict. You must have permission from your list to send emails from EvolveMediaMail.com. That means:

• You may not use EvolveMediaMail.com to send to lists that you purchased (even if they're "opt-in" and even if the list was "really expensive")
• You may not use EvolveMediaMail.com to send to lists that you "scraped" from websites
• You may not use EvolveMediaMail.com to send to lists that you merely exported from your address book (unless they gave you permission)
• You may not use EvolveMediaMail.com to send to people who dropped their business cards in a fish bowl (unless they were told they were opting-in to your emails)
• You may not use EvolveMediaMail.com to send to "lists of all attendees" that you got from a tradeshow host (unless these attendees specifically said they wanted to hear from you)
• You get the idea. If people didn't specifically request to receive emails from you, it's not a permission-based list. It might be okay to still contact them, but not with EvolveMediaMail.com.
• If you really want to use EvolveMediaMail.com, but you have a list that's not permission-based (a list of customers who haven't heard from you in a while, for instance), just use your own desktop email program to send them a personal invitation to join your list. Point them to your EvolveMediaMail.com signup form. If they choose to opt-in, you'll have proof of permission, and you'll have a very, very qualified recipient.

B. Miscellaneous Rules

We think the "Permission Only" thing is pretty self-explanatory. But just in case, we'll be more specific below...

1. You may not use EvolveMediaMail.com to send spam.
2. In addition to our terms of use, all email campaigns you send through our system comply with all elements of the federal CAN-SPAM Act of 2003
3. You may not use third party mailing lists with EvolveMediaMail.com.
4. You may not use any purchased or rented lists with EvolveMediaMail.com.
5. You may only import lists of people who have given you permission to email them
6. You may not use EvolveMediaMail.com to send email to recipients that you manually or automatically "scraped" or "aggregated" from websites or public membership lists, print publications, etc.
7. Every email message sent through our system will contain a direct link that allows recipients to remove themselves from your list.
8. You will not use EvolveMediaMail.com to harass, threaten, embarrass, cause distress, unwanted attention, or discomfort to any person or entity
9. You will not use EvolveMediaMail.com to violate any applicable government laws or regulations
10. This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not reverse engineer, decompile, disassemble, or attempt to discover the source code, object code, or underlying structure, ideas, or algorithms within our system.
11. You must own the rights to use all content that you provide to or distribute via EvolveMediaMail.com
12. You accept full and sole liability for conforming to the law, and will in no way hold EvolveMediaMail.com or Evolve Media, Inc., liable in whole or in part if you fail to conform to the law.
13. You may not use EvolveMediaMail.com to distribute illegal contests, pyramid schemes, chain letters, or multi-level marketing campaigns
14. You may not use EvolveMediaMail.com to send email campaigns that link to or display nudity, obscene content, illegal software, viruses, or to distribute any other content that we deem inappropriate.
15. If we receive more than a reasonable amount of complaints about your email campaigns, we reserve the right to review your campaigns and list collection practices, and to cancel your account in order to protect the deliverability of our servers.
16. If you host your own list and use EvolveMediaMail.com solely for delivery, you agree to make a reasonable effort to keep it well-maintained, such as by regularly removing undeliverable email addresses and honoring unsubscribe requests within 10 business days. If we receive any spam complaints as a result of your own poor list management skills, we will shut down your account.
17. We reserve the right to review all customer content and accounts for violation of terms
18. You may not use EvolveMediaMail.com to send email marketing unless you have completed the account registration form, and have agreed to our terms of use.
19. If we feel that your account has a high likelihood of generating abuse or spam complaints, we reserve the right to cancel or refuse service.

C. If Your Campaigns Receive Spam/Abuse Complaints

You don't have to be a spammer to be reported for spamming. It doesn't matter if your email list is composed of your customers, or is 100% opt-in and legit. If you send email that looks spammy, your own customers may report you for spamming. If an email campaign receives an unreasonable amount of spam/abuse complaints, we reserve the right to shut down your account in order to protect the deliverability of our servers.

D. Prohibited Content

You may not use EvolveMediaMail.com if you engage in any of the following:

1. Provide, sell or offer to sell the following products or content (or services related to the same): pornography or illicitly pornographic sexual products; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make weapons of any kind.
2. Display material that exploits children, or otherwise exploit children under 18 years of age
3. Post or disclose any personally identifying information or private information about children without their consent (or their parents consent in case of a minor)
4. Provide material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content
5. Sell or promote any products or services that are unlawful in the location at which the content is posted or received
6. Introduce viruses, worms, harmful code and/or Trojan horses on the Internet
7. Promote, solicit or participate in multi level marketing
8. Engage in any libelous, defamatory, scandalous, threatening, harassing activity
9. Post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence

E. Eligibility:

If you do not meet these eligibility requirements, you may not use the EvolveMediaMail.com service:

1. You must be at least 18 years of age to use EvolveMediaMail.com, and can form legally binding contracts under applicable law.
2. You must complete the registration process and agree to our terms of use in order to use EvolveMediaMail.com. All contact information you submit must be true, complete, and up to date.
3. EvolveMediaMail.com reserves the right to refuse service or to terminate accounts for any user, and to change eligibility requirements at any time, at its sole discretion

F. Your Privacy & Security:

1. We will not contact your customer list or use it for any reason. Your customer information will not be sold, rented, or shared in any way with any other parties unless required by law.
2. EvolveMediaMail.com performs regular backups of our system and of customer data, but EvolveMediaMail.com is not responsible for any of your data residing on our system.
3. You are responsible for maintaining the confidentiality of your username and password. You will immediately notify EvolveMediaMail.com of any unauthorized use of your account or any breach of security.
4. If EvolveMediaMail.com hosts your email list, we reserve the right to remove recipients from your list without your consent if we receive Spam complaints from a recipient, an ISP, or anti-spam service. We will notify you of such removals.
5. We reserve the right to share your name with anti-spam organizations, other email service providers, recipients of your list, or ISPs if there are Spam complaints in connection with your use of our system

G. Fees and Refunds

1. EvolveMediaMail.com processes invoices on the anniversary date of the date you originally signed up. So, if you signed up on the 8th day of a particular month, you will be charged on the 8th of each month thereafter.. We send email notifications to notify you of upcoming invoices and when payments have been made.
2. There are no refunds.
3. If a user violates any of the terms outlined above, we reserve the right to cancel the account, or bar access to accounts, without refund
4. If, for some reason, we are unable to process your credit card order, we will attempt to contact you by email and we will suspend usage of your account until your payment can be processed.
5. You agree to pay for all email campaigns sent from your account, even if messages are blocked by any third party. We have no control over your recipients' email servers, ISP availability, personal spam filter settings, etc.

H. Indemnification

YOU AGREE TO INDEMNIFY AND HOLD EVOLVE MEDIA, INC., ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICE, USE OF YOUR ACCOUNT BY ANY THIRD PARTY, THE VIOLATION OF THE TERMS OF USE BY YOU, OR THE INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.

I. Disclaimer

THE EVOLVEMEDIAMAIL.COM WEBITE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. EVOLVE MEDIA, INC. IS A DISTRIBUTOR AND NOT A PUBLISHER OF THE CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SITE; AS SUCH, EVOLVE MEDIA, INC. EXERCISES NO EDITORIAL CONTROL OVER SUCH CONTENT AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH OR ACCESSIBLE VIA THE SITE. WITHOUT LIMITING THE FOREGOING, EVOLVE MEDIA, INC. SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS AS THE PUBLISHER OF ANY CONTENT TRANSMITTED ON OR IN CONNECTION WITH THE SITE OR ON SITES THAT MAY APPEAR AS LINKS ON THE SITE, OR AS THE MANUFACTURER OF THE PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY EVOLVE MEDIA, INC. NOR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THE LIKE SHALL CREATE A WARRANTY. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.