Create and send great looking emails to your clients with netsite email marketing

The Netsite Email Marketing Application - Terms of Use

Through Netsite (the "Services") Netsite ("Netsite") provides web site operators and other individuals a variety of tools and resources to collect visitor e-mail addresses and to create, launch, and manage online e-mail campaigns. This service may not be used for the sending of unsolicited e-mail (sometimes called “spam”). See our Anti-Spam Policy|. The following are the terms and conditions for use of the Services. By signing up to use the Netsite Email Marketing Application, you accept these terms and conditions.

1. Services and Support

1.1 The Services are provided subject to this Agreement, as it may be amended by Netsite, and any guidelines, rules or operating policies that Netsite may establish and post from time to time (the “Agreement”). By posting updated versions of the Agreement at the Netsite web site, or otherwise providing notice to you, Netsite may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service.

1.2 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, please do not use the Services.

1.3 The Services enable corporate web sites, small business web sites, and community sites to sign up web site visitors, collect and retrieve visitor sign-up data, and develop and execute e-mail communications with visitors and other targeted prospects.

1.4 Both the number of e-mail messages sent and the number of KiloBytes of data transferred are metered by Netsite. Normal Netsite accounts allow you to send an unlimited number of e-mail messages. The total KiloByte data transfer of each message can be no more than 100kb.

1.5 All email delivery prices are subject to change at any time. All fees paid to Netsite for Netsite are non-refundable, unless an account is terminated by Netsite for a reason other than violation of the Anti-Spam Policy|. Payment for Services will be made by a valid credit card accepted by Netsite, unless other payment arrangements have been made between you and an authorized Netsite representative. You hereby authorize Netsite to charge your credit card for such amounts whenever you send a campaign to more than 5 recipients. If Netsite is for any reason unable to effect automatic payment via your credit card, you will be notified via e-mail. All prices are subject to change and you are responsible for reviewing the Pricing Schedule| from time to time and remaining aware of the Fees charged by Netsite.

1.6 For all accounts, Netsite may charge an account re-activation fee should an account need to be re-activated by customer after an account has become de-activated due to non-payment or an untimely authorization for payment.

1.7 You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name. Netsite reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

1.8 It is understood that Netsite makes no guarantee that HTML messages will be rendered correctly on all recipients’ e-mail programs, due to the wide variety of HTML generation tools available. Netsite makes every attempt to make sure that all e-mail templates created by ourselves follow e-mail standards, but we cannot guarantee that messages will look consistent across all e-mail platforms due to the number of different HTML composition tools available.

2. Restrictions and Responsibilities

2.1 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. 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 Programs.

2.2 You acknowledge and agree that the Services and the Netsite company names and logos and all related product and service names, design marks and slogans, are the property of Netsite 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 Netsite. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in Netsite or its third party suppliers, as the case may be.

2.3 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all 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 e-mail to any third party. You hereby agree to indemnify and hold harmless Netsite 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. Although Netsite has no obligation to monitor the content provided by you or your use of the Services, Netsite 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.

2.4 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates British, state or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party's intellectual property rights.

2.5 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Netsite. Netsite 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.

2.6 Netsite will not use any of your subscriber lists 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. In addition, Netsite will not use your customer information for the purpose of sending unsolicited commercial e-mail.

2.7 You will adopt and maintain the Privacy Policy, which may be modified by Netsite from time to time.

2.8 You may not use Netsite to distribute illegal contests, pyramid schemes, chain letters, or multi-level marketing campaigns

2.9 You may not use Netsite to send email campaigns that link to or display nudity, obscene content, gambling related content, pharmaceutical related content, illegal software, viruses, or to distribute any other content that we deem inappropriate.

3. Termination

3.1 You may terminate this Agreement at any time by sending an e-mail message to info@netsite.co.uk |or by sending written notice to Netsite, . Correspondence must include your first name, last name, and Netsite username. No refunds will be issued if you terminate this agreement.

3.2 Netsite may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Netsite shall have no liability to you or any third party because of such termination. If Netsite terminates this agreement because you violated the Anti-Spam policy|, no refund will be issued.

3.3 Netsite may delete any of your archived data within 30 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

3.4 If you do not log into your account for more than 120 days, the account will become inactive. When an account is classified (at Netsite’s sole discretion) as inactive, Netsite will flag that account as inactive. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER SIGNUPS, MAY BE PERMANENTLY REMOVED FROM THE NETSITE DATABASE.

4. 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. Netsite 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 Netsite 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 Netsite to use commercially reasonable efforts to adjust or repair the Services.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Netsite OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “Netsite “) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF Netsite 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, Netsite 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 Netsite TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

6. System Requirements

It is understood that in order to use the Netsite Email Marketing Application, a Windows PC with Internet Explorer 6.0 or higher must be used. Additionally, a stable connection to the Internet is required. Netsite Email Marketing Application may work in a limited manner on Macintosh, Unix, and other platforms, but there is no guarantee of functionality on non-Windows platforms. Additionally, Netsite Email Marketing Application may work in a limited manner on a non-Internet Explorer web browser (such as Netscape Navigator), but there is no guarantee of full functionality on web browsers other than Microsoft’s Internet Explorer.

7. Compliance rules for sending e-mail

All Netsite customers must follow the rules of the federal CAN-SPAM act and Netsite’s Anti-Spam policy| when sending e-mail through the service. Accordingly, we require the following of e-mail messages sent through the Netsite system:

1. All e-mails must contain a one-click unsubscribe link as provided by the Netsite service. Netsite scans every campaign for the existance of an unsubscribe link. If an unsubscribe link is not detected, the user is informed and is required to include an unsubscribe link before continuing.
2. All e-mails must contain non-Internet contact information of the sender, such as your company’s address, or your company’s phone number.
3. All e-mails must state the reason the recipient is receiving the message. For example, “You are receiving this message from ABC Company because you signed up for our e-mail list at www.abc.com.”

These 3 guidelines will help ensure that Netsite maintains its reputation and white-listing status with a number of major ISPs and whitelisting programs. If at any time your campaign is flagged as SPAM by an AOL recipient, Netsite reserves the right to cancel your account without notice.

8. Email and Permission Practices

10.1 Every email message sent in connection with the Services must contain an “unsubscribe” link or other mechanism that allows subscribers to remove themselves from your mailing list. 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 Netsite. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link.

10.2 You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used; please contact Netsite if you have questions).

10.3 You cannot mail to distribution lists, newsgroups, or spam email addresses.

10.4 You are responsible for monitoring, correcting, processing unsubscribe requests within 10 days, and updating the email addresses to which messages are sent through your Netsite account.

10.5 Emails that you send through the Service may generate abuse complaints from recipients. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. Netsite, 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 this Agreement.

10.6 Netsite, at its own discretion, may immediately disable your access without refund to the Services if Netsite believes in its sole discretion that you have violated any of the email and permission practices listed above, or the Netsite Anti-Spam Policy.

The Netsite Anti-Spam Policy

At Netsite, we take permission very seriously. By signing up for our Email Marketing Application and agreeing to our Terms of Use above, you are also agreeing to this anti-spam policy.

Spam is any email you send to someone who hasn’t given you their direct permission to contact them on the topic of the email.

But that’s not enough. Permission is a fuzzy word open to interpretation. Let’s get into some specific scenarios so it’s clear what does and doesn’t constitute permission.

To send email to anyone using Netsite, you must have clearly obtained their permission. This could be done through:

• An email newsletter subscribe form on your web site.
• An opt-in checkbox on a form. This checkbox must not be checked by default, the person completing the form must willingly select the checkbox to indicate they want to hear from you.
• If someone completes an offline form like a survey or enters a competition, you can only contact them if it was explained to them that they would be contacted by email AND they ticked a box indicating they would like to be contacted.
• Customers who have purchased from you within the last 2 years.
• If someone gives you their business card and you have explicitly asked for permission to add them to your list, you can contact them. If they dropped their business card in a fishbowl at a trade show, there must be a sign indicating they will be contacted by email about that specific topic.
  
  

Basically, you can only ever email anyone who has clearly given you permission to email them specifically about the subject you’re contacting them about.

What kind of email address ARE NOT OK to send to with Netsite?

Anything outside the examples above doesn’t equal permission in our eyes, but here are some examples to make sure we’re crystal clear. By using Netsite, you agree not to import or send to any email address which:

• You do not have explicit, provable permission to contact in relation to the topic of the email you’re sending.
• You bought, loaned, rented or in any way acquired from a third party, no matter what they claim about quality or permission. You need to obtain permission yourself.
• You haven’t contacted via email in the last 2 years. Permission doesn’t age well and these people have either changed email address or won’t remember giving their permission in the first place.
• You scraped or copy and pasted from the web. Just because people publish their email address doesn’t mean they want to hear from you.

Sure, some of these people might have given you their email address, but what’s missing is your permission to email them commercial messages. Blasting promotional emails to any of these people won’t be effective and will more than likely see your email marked as spam by many of your recipients.

What content MUST I include in my email?

Every email you send using Netsite must include the following (which we will build into your custom templates):

1. A single-click unsubscribe link that instantly removes the subscriber from your list. Once they unsubscribe, you can never email them again.
2. The name and physical address of the sender. If you’re sending an email for your client, you’ll need to include your client’s details instead.
3.  

How we’ll know if you don’t have permission

Netsite has numerous layers of approval and monitoring to ensure you comply with our anti-spam policy. Here’s a few of them:

1. Until your account has been approved by a member of our team, every email you send will need to be approved.
2. Our software is directly integrated into the spam reporting systems for some of the biggest ISP’s like Hotmail and AOL. If you don’t have permission and someone marks your campaign as spam, we’ll know about it the moment that button is pressed. If you receive a complaint rate greater than 0.25% of all recipients (that’s 25 complaints for every 10,000 recipients) your account will be terminated. This is a generous figure that takes into account false spam reports.
3. Our team verifies all large lists imported into our software. Until we’ve given it the all clear, you can’t send to it.
4. We monitor blacklists and our abuse accounts all day every day. We can pinpoint who is causing us delivery problems or attracting complaints very easily.

If we do discover that you’re emailing people without their permission, we will terminate your account with Netsite immediately.

In the end, it’s really common sense. Take off your marketing hat and put yourself in your recipient’s shoes. If they don’t recognize who you are or aren’t interested in what you’re sending, they’ll think you’re a spammer. It’s that simple.