motion4.com Outbound Email System Terms of Use and Notices
The motion4.com Outbound Email System is web based email application operated by motion4.com Corporation. This application will be collectively referred to in this Agreement as "motion4.com's Outbound Email System" and/or the "Outbound Email System." This Agreement applies to the Outbound Email System. You will need to read this Agreement in its entirety to review the general provisions of the Terms of Use and Notices and Additional Terms specific to the product or service for which you are now signing up.
The Outbound Email System is offered to you conditioned on your acceptance without modification of these Terms of Use and Notices. Your use of the Outbound Email System constitutes your agreement to these Terms of Use and Notices. Your use of a particular Outbound Email System application included within, or acceptance of a product, service or benefit obtained through the Outbound Email System, may also be subject to additional terms specified in this document, on the applicable Outbound Email System Application or in other accompanying documentation (as such terms that may be modified by motion4.com from time to time as described below in the "Additional Terms"). If you do not have print capability or otherwise desire to obtain a hard copy of these Terms of Use and Notices, please contact motion4.com customer service at info@motion4.com.
If any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within or applicable to any particular motion4.com Web site, service, product or benefit, then the applicable Additional Terms shall control. You agree to familiarize yourself with the Terms of Use and Notices, including the Additional Terms, and other terms and guidelines found throughout the Outbound Email System and abide by them if you choose to use the sites, or accept the products, services or benefits, to which such terms apply.
Terms of Use
motion4.com's Outbound Email System may only be used in connection with e-mail lists for which recipients have voluntarily registered. Using motion4.com's Outbound Email System to send e-mail to an address you obtain without the consent of such addressee is a violation of the motion4.com Terms of Use and Notices. You may not access the mailing lists of third parties on the Outbound Email System Network other than for approved purposes (if any), and you may not access or otherwise use such third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. You may not import any e-mail addresses to your list that have not chosen to receive your mailings. You may only send e-mail to customers that have willingly signed up to receive your mailings. If motion4.com receives complaints about your list, your list will be reviewed and possibly be terminated immediately. You may not send mail under any company or organization name other than your own. motion4.com has the right to terminate your access to the motion4.com's Outbound Email System service, or terminate the motion4.com's Outbound Email System service, at any time if you violate these terms of use. In addition, motion4.com reserves the right to remedies available to it (including, terminating your access to the motion4.com's Outbound Email System service and/or the Outbound Email System Network at any time) for violation of any of these terms of use.
If you use motion4.com's Outbound Email System to create a mailing list (a "Mailing List"), you may remove from such Mailing List any e-mail address contained therein, at your discretion. You agree to honour the request of the owner of any e-mail address to remove that address from a Mailing List. You may establish additional terms and conditions that may be applied to persons subscribed to your Mailing Lists.
If you register with a Mailing List, you acknowledge that the owner of the mailing list may remove your e-mail address from such Mailing List, in its discretion and at any time, and that your participation in such Mailing List may be subject to additional terms and conditions that may be changed from time to time.
E-mails messages distributed to Mailing Lists may not be in excess of 250kb. motion4.com may include, in every sent e-mail, a mention similar to the following: "Powered by motion4.com's Outbound Email System".
Without limiting any other applicable disclaimers or limitations, motion4.com disclaims any and all representations, warranties and conditions, express or implied, that messages sent in connection with the motion4.com's Outbound Email System service will be delivered on time or received, or that the operation of the motion4.com's Outbound Email System service will be available, error-free or secure. You acknowledge that the security mechanisms contained in motion4.com's Outbound Email System have inherent limitations, and you are solely responsible for determining if use of the motion4.com's Outbound Email System service sufficiently meets your requirements.
Modification of these Terms of Use and Notices
motion4.com reserves the right to change the Terms of Use and Notices, and any Additional Terms at anytime, effective upon making the modified provisions available on the motion4.com's Outbound Email System. You are responsible for regularly reviewing these terms and conditions. Continued use of motion4.com's Outbound Email System after any such changes shall constitute your consent to such changes. motion4.com dOutbound Email System not and will not assume any obligation to notify you of any changes to the Terms of Use and Notices, or Additional Terms.
Acceptable Use Limitation
The Outbound Email System is provided to assist you with the operation of your business. Your right to use the motion4.com's Outbound Email System is personal to you, and your company and its employees. As a condition of your use of the Outbound Email System, you warrant to motion4.com that you will not use the Outbound Email System for any purpose that is unlawful, or prohibited by these Terms of Use and Notices or the Additional Terms (as may be modified from time to time). You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from motion4.com's Outbound Email System, except as expressly provided herein.
In addition, you may not use the products or services provided through or in connection with the Outbound Email System to:
a. defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
b. conduct or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail or multi-level marketing campaigns;
c. publish, post, distribute, disseminate or link to any: (i) inappropriate, profane, defamatory, infringing, obscene, adult content, nude, indecent or unlawful topic, name, material or information; (ii) software or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials; (iii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another's computer (e.g., "cracks" or other programs written to defeat the security measures of any computer, system or programs);
d. sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or dOutbound Email System not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, fraudulent goods, any goods or services that infringe or otherwise violate a third party's rights, registered or unregistered securities, goods or services that: (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) if sold via the Site Manager or Your Web Site would cause motion4.com to violate any law, statute or regulation;
e. harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;
f. restrict or inhibit any other user from using and enjoying its rights in motion4.com, interfering with or disrupting the motion4.com service or servers or network connected to motion4.coml; or,
g. violate any applicable government laws or regulations.
The information provided by motion4.com to you may be proprietary in nature. You agree not to share any information provided to you by or on behalf of motion4.com with any third party. If you sell or otherwise distribute goods or services that compete with or may otherwise serve as a substitute for products or services sold or otherwise distributed by motion4.com via the Outbound Email System or offered by motion4.com's Outbound Email System, you may not: (a) use or acquire, or have any other person use or acquire on your behalf, the products or services of motion4.com for which you offer competing or substitute products or services; or (b) advertise, promote, market or solicit offers to acquire such competing or substitute products in connection with your use of motion4.com.
motion4.com is not obligated to monitor the content on the Outbound Email System. However, with respect to the use of the products and services offered on motion4.com's Outbound Email System, motion4.com reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Outbound Email System, in motion4.com's sole discretion, without notice at any time.
Service Contact
If you need to contact motion4.com regarding the Outbound Email System, please send e-mail to support@motion4.com
Links to Third Party Sites
Links within the Outbound Email System may let you leave the motion4.com website. You acknowledge that the linked sites are not under the control of motion4.com and that motion4.com is not responsible for the contents or operation of such linked sites or any link contained in such linked site, or any changes or updates to such sites. motion4.com is not responsible for web casting or any other form of transmission received from any linked site. motion4.com is providing these links to you only as a convenience, and the inclusion of any link dOutbound Email System not imply endorsement by motion4.com of the linked site or any association with their operators.
Licence You Grant motion4.com
motion4.com Outbound Email System not claim ownership of the materials you provide to motion4.com (including feedback and suggestions) or post, upload, input or submit in connection with your use of motion4.com's Outbound Email System or any web site ("Your Web Site") created by you or on your behalf in connection with the use of motion4.com's Outbound Email System (collectively "Submissions"). However, you grant motion4.com a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat your Submission, and to publish your name in connection with your Submission) your Submission only in connection with the operation and promotion of motion4.com. You also grant motion4.com the right to publish your name in connection with any such communication. No compensation will be paid or due you with respect to motion4.com's or its sub licensee's use of the materials as licensed above. motion4.com is under no obligation to post or use any materials you may provide, and may remove such materials at any time in motion4.com's sole discretion. By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through any motion4.com Web Site, you warrant and represent that you own or otherwise control the rights necessary to do so and to grant motion4.com the license set forth above, and you will defend and indemnify motion4.com and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties.
Liability Disclaimer
The information, software, products, services and other material included in or available through the motion4.com's Outbound Email System may not be complete, and may include inaccuracies or errors, and may also be modified or deleted from time to time. Advice, information, products, services or other materials received via the motion4.com's Outbound Email System should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that you should consult an appropriate professional for specific advice tailored to your situation.
Your access to and use of the motion4.com's Outbound Email System, and products and services of motion4.com, is at your own risk. motion4.com, and its members and sponsors, will not be liable for any damage, loss or disclosure of information, data, revenue, accounts or business that occurs in connection with your use of the motion4.com's Outbound Email System, or such products or services. motion4.com makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the motion4.com's Outbound Email System, or such products or services. Without limiting the foregoing, MOTION4.COM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN MOTION4.COM FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MOTION4.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL MOTION4.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF MOTION4.COM OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE MOTION4.COM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH MOTION4.COM, OR OTHERWISE ARISING OUT OF THE USE OF MOTION4.COM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOTION4.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF MOTION4.COM, OR WITH ANY OF THESE TERMS OF USE AND NOTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING MOTION4.COM AND ITS RELATED SERVICES. Without limiting the foregoing, motion4.com is not responsible for any of your data residing on motion4.com's hardware. You are responsible for backing-up your data and information that may reside on motion4.com's hardware, whether or not such information is produced through the use of motion4.com. It is your responsibility to take the necessary steps to ensure your primary means of business is maintained.
You agree to defend, indemnify and hold motion4.com and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from your violation of these Terms of Use and Notices (including, without limitation, violation of applicable Additional Terms of Use), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of your relationship with motion4.com or your use of motion4.com's Outbound Email System.
Fees
Some products and services available through or in connection with motion4.com require that you purchase a subscription or otherwise pay a fee. You hereby authorize motion4.com to charge your credit card in advance for all applicable fees incurred by you or on your behalf in connection with your use of the Outbound Email System or service you have chosen to use. You shall be solely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of motion4.com's Outbound Email System. motion4.com reserves the right to modify the fees charged for motion4.com's products and services from time to time, provided that such modifications shall not take effect earlier than thirty (30) days after motion4.com posts such modifications on the motion4.com Outbound Email System Web site (Outbound Email System.motion4.com). Amounts not paid by you to motion4.com when due, may bear interest at the lesser of (a) one and one-half percent (1.5%) per month, and (b) the maximum rate permitted by applicable law. If you notify motion4.com in writing that you are terminating this Agreement, fees pre-paid by you to motion4.com for Outbound Email System products or services will be credited back to your applicable credit card on a pro-rated basis (except to the extent such termination is due to your breach of this Agreement) within forty-five (45) days after receipt of your notice of termination. motion4.com is not required to refund directly to you any amounts paid hereunder. It is your responsibility to notify motion4.com if your credit card has expired and to make changes or your service may be disconnected or interrupted.
Cancellation Policy
All fees are non-refundable once your request for a motion4.com's Outbound Email System subscription is received. If you cancel your subscription before the end of the initial six (6) month minimum term, motion4.com will not refund any subscription fees or payments for the customized web site development service paid prior to such cancellation. You will also be required to pay the entire standard monthly charge for each month remaining in the initial six (6) month term. To cancel your motion4.com's Outbound Email System subscription, you must email info@motion4.com. For security reasons, all requests for cancellation of a subscription must be made by the primary contact person on the account and must specify the exact service to be cancelled and the applicable registered login email address for the account. Subscription cancellations will be effective upon motion4.com's receipt of such information. Cancellation of the motion4.com's Outbound Email System service (whether by motion4.com or by you) will not relieve you of any payment obligations as set forth in these Terms of Use and Notices.
Access Restriction
motion4.com reserves the right to deny in its sole discretion any user access to motion4.com's Outbound Email System or any portion thereof without notice. You are responsible for safeguarding the confidentiality of your password(s) and user name(s) issued to you by motion4.com, and for any use or misuse of your account or motion4.com resulting from any third party using a password or user name issued to you.
Termination
motion4.com may terminate this Agreement and your access to motion4.com's Outbound Email System (in whole or in part) and related services at any time, with or without cause, and with or without notice. Anyone determined by motion4.com to have violated these Terms of Use and Notices, or any Additional Terms may be barred from using motion4.com's Outbound Email System, or from receiving any products, services or benefits from motion4.com. In addition, if you violate any of these Terms of Use and Notices, or Additional Terms (as applicable) you will forfeit all in-kind credits and any other amounts accruing to you (if any) in connection with motion4.com.