Terms and Conditions

Policy for Acceptable Use of MyNewsletterBuilder

Please read these terms and conditions of use carefully

These terms and conditions may have changed since your last visit to this web site. By using this web site, you indicate your acceptance of these terms and conditions. If you do not accept these terms and conditions, then do not use this web site.

The following are the terms and conditions for access to this web site and use of the Products. By selecting the 'I AGREE' option on the sign-up page or by logging in to MyNewsletterBuilder, you accept these terms and conditions.

1. Copyright and Trademark Information

Copyright © 2004-2014 JBA Network, Inc. ('JBA Network') All rights reserved.
MyNewsletterBuilder.com ('MyNewsletterBuilder') is owned and operated by the JBA Network.

This web site, and the information which it contains, including any content purchased through the site (including but not limited to "Content Corner" and "Specialized Content") is the property of JBA Network and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "JBA Network", "MyNewsletterBuilder" and all marks and logos thereof are registered trademarks of JBA Network, Inc., under the applicable laws of the United States and/or other countries. Other JBA Network product or service names or logos appearing in this Site are either trademarks or registered trademarks of JBA Network, Inc. and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of JBA Network's trademark or other intellectual property rights concerning that name, mark or logo.

2. Acknowledgements

Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:

3. Products and Support

The Products are provided subject to these Terms and Conditions of Use, as they may be amended by JBA Network, and any guidelines, rules or operating policies that JBA Network may establish and post from time to time (collective, the "Agreement"), including without limitation JBA Network's customer Privacy Policy, as linked from all email generated from JBA Network or otherwise furnished to you (the "Policy") (unless otherwise stated, all references to the Agreement shall include the Policy). By posting updated versions of the Agreement on the MyNewsletterBuilder.com website, or otherwise providing notice to you, JBA Network may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Products in its sole discretion. Except as otherwise provided in the Agreement, all such changes shall become effective upon the posting of the revised Agreement on the Product or at JBA Network's website. The Products are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Products are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Products. If you are using the Products in your capacity as an employee, you must have the ability to bind your employer by your use of the Product. You must complete the registration form on the MyNewsletterBuilder sign up web page in order to use the Products. You shall provide true, accurate, current, and complete information about yourself as requested in the registration form. You may from time to time provide JBA Network's service personnel with remote access to your computers and other systems for the purpose of troubleshooting issues that arise in your use of the Products. You hereby waive any claim for damages from any problems that may arise from such access, including without limitation any disruption or damage caused by JBA Network or its personnel.

4. Subscription Plans

For those clients on the subscription plan with a limit on subscriber list size ("unlimited plan"); within any given 30 day period, you may only send to, or have saved in your account a total number of subscribers equal to or less than the limit for the plan you have purchased. You may not switch lists in order to send to more addresses than your limit within any 30 day period. If you upload subscribers exceeding your limit for any 30 day period, your account will incur additional charges in accordance with MyNewsletterBuilder's current pricing, as posted on http://www.mynewsletterbuilder.com/pricing/ at the time that you exceed your limit. Additional charges incurred for this reason will be automatically billed to your credit card or checking account at the time that you exceed your limit.

5. Free Trial; Fees and Payment


5.1 Fees for Email Marketing Product.

For the Email Marketing Product, once you have completed your free trial period or have exceeded the free subscriber limit, or free mailing limit, you will be subject to periodic subscription fees in accordance with the fee schedule (the "Fee Schedule"). You will be required to submit payment monthly and in advance for the Email Marketing Product (unless you have already provided payment or means of payment, such as credit card information) and may purchase, in advance, an extended subscription for the Email Marketing Product. Access to the Email Marketing Product will be disabled until payment is received. Fees will be charged monthly or your pre-paid account will be debited for the Email Marketing Product in accordance with the fee scheduling agreement selected.

5.2 Fee Schedule; Discounts.

You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees charged by JBA Network. The Fee Schedule, including subscriber levels and prices, is subject to change at any time in JBA Network's sole discretion. JBA Network will use good faith efforts to notify you via email prior to the effectiveness of any change to the Fee Schedule. If you receive special discounts through a marketing partner, those discounts may not be available if you cease to continue to be a customer of the marketing partner, in which case MyNewsletterBuilder's standard rates will apply. JBA Network may rely on information provided by the applicable marketing partner, if any, with respect to the status of your account.

5.3 Payment.

Payment for Products will be made by a valid credit card accepted by JBA Network. Checks will be accepted for prepayments of at least six (6) months. Fees are payable in U.S. dollars. If a monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize JBA Network to charge your credit card for such amounts on a regular monthly basis beginning at the end of your free trial period. If a prepaid option for a period of at least six (6) months is selected and you use the Email Marketing Product after the end of your free trial period or renewal date, you hereby authorize JBA Network to extend your subscription and to charge your credit card for such prepaid amounts for the selected period starting at the end of your free trial period or previous prepaid period. If JBA Network is for any reason unable to effect automatic payment via your credit card, JBA Network will attempt to notify you via email and your JBA Network account will be disabled until payment is received. Amounts paid for the Products are not refundable.

6. Email, Permission Practices & Prohibited Content


6.1 Subscriber Opt Out.

Every email message sent in connection with the Products must contain an "unsubscribe" link that allows subscribers to remove themselves from your mailing list and a link to the then current Privacy Policy. 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 JBA Network. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link. You shall monitor and process unsubscribe requests received by you directly within 10 days of submission, and update the email addresses to which messages are sent through your JBA Network account.

6.2 Permission Practices.

You agree to import, access or otherwise use only Permission Based Lists in connection with your use of the Products. You hereby covenant that you shall not use any other lists in connection with your use of the Products. If you have used the JBA Network feature that allows you to request a recipient to confirm that you have his or her permission to send emails to him or her, and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send emails to that recipient. Without limiting the foregoing, you agree that you shall not utilize the Product to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting. You cannot mail to distribution lists, newsgroups, or spam or unsolicited email addresses. You cannot copy a JBA Network template or any other features or functionality from the Products and use them for any purpose other than sending email messages from the Products. Emails that you send through the Product may generate spam complaints from recipients. As a matter of privacy, JBA Network cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of spam complaints in excess of industry norms. JBA Network, in its sole discretion, shall determine whether your level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. JBA Network will terminate your use of its Products if JBA Network determines that your level of spam complaints is higher than industry norms.

6.3 Footers.

For every email message sent in connection with the Products, you acknowledge and agree that JBA Network may add an identifying footer stating "Powered by MyNewsletterBuilder" or a similar message.

6.4 Use of Images Hosted by JBA Network.

Images hosted by JBA Network on JBA Network controlled servers may only be used in connection with the Products and for no other purpose whatsoever.

6.5 Prohibited Content.

JBA Network prohibits the use of the Products or web site by any person or entity that:

6.6 Right to Disable Access.

JBA Network, at its own discretion, may immediately disable your access to the Products without refund if JBA Network believes in its sole discretion that you have violated any of the policies listed above or elsewhere in this Agreement or specific instructions or limitation the JBA Network employees identify to you through the course of your use of our services.

With specific focus on accounts terminated due to reputation losses, spam, spamvertised sites, spam trap addresses, block lists, black lists, high complaints, too many complaints, or similarly poor conduct, you hereby agree to waive any refund and accept relevant additional charges for excess work required to repair any reputation loss caused by your actions and use of services. All charges are billed at $50 per hour and an invoice will be sent to the email address identified on your account.

7. Restrictions and Responsibilities


7.1 No Rights in Software.

This is an Agreement for services and access to this web site, 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 Products or any software, documentation, or data related to the Products ("Software"); remove any proprietary notices or labels from the Products or any Software, modify, translate, or create derivative works based on the Products or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Products or any Software.

Unless you are an authorized reseller of the Products, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Products or the Software, or any content, including but not limited to newsletters, distributed to you by JBA Network in connection with the Products. Violation of these restrictions may result in the termination of this Agreement.

7.2 Permitted Use of the Products.

The Products shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Products or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Products in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software or Products, then you hereby covenant that, prior to engaging in such activities, you will first request that JBA Network perform such work at its standard professional services rates. JBA Network can then decide either: (i) to perform the work in order to achieve such interoperability and charge its then standard rates for such work to you; or (ii) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability or (iii) provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities despite a contractual prohibition on such activities.

7.3 Compliance with Laws; Monitoring.

You shall use the Products only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws). Although JBA Network has no obligation to monitor the content provided by you or your use of the Products, JBA Network may do so and may block any e-mail messages, remove any such content or prohibit any use of the Products that JBA Network believes may be (or is alleged to be) in violation of the foregoing.

7.4 Indemnification.

You hereby agree to defend, indemnify and hold harmless JBA Network and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages you distribute using the Products or (iii) otherwise arises from or relates to your use of the Products. In addition, you acknowledge and agree that JBA Network has the right to seek damages when you use the Products for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.

7.5 Your Information.

In using the varied features of the Products, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to JBA Network. JBA Network may use this information and any technical information about your use of the Products to tailor its presentations to you, facilitate your movement through the Product, or communicate separately with you. If you accessed the Products as a result of solicitation by a marketing partner of JBA Network, JBA Network may share your information with the marketing partner and the marketing partner may share related information with JBA Network. JBA Network will not provide your contact information to companies you have not authorized for that purpose unless required by law or unless you are terminated from JBA Network due to unsolicited commercial email being sent from your MyNewsletterBuilder account. JBA Network will never sell or rent your contact lists to anyone without your permission. In the event JBA Network amends or revises the policy described in the immediately preceding sentence, it will provide advance notice of such amendment or revision.

7.6 Intellectual Property Rights in Your Content.

You agree that you will not upload or transmit any contact lists, communications or content of any type to this web site or in connection with the Products that infringe, misappropriate or violate any rights of any party. By submitting ideas, concepts, inventions, or content to this web site or using them in connection with the Products, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to JBA Network or to any third party using the Products, any communication or content that infringes or violates any rights of any party. If you submit any business information, ideas, concepts or inventions or content to JBA Network by email, you agree such submission is non-confidential for all purposes. If you make any submission to this web site or if you submit any business information, idea, concept or invention to JBA Network by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted JBA Network a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in a manner consistent with email marketing services. JBA Network will not reproduce your works and content in order to create new market areas without gaining your permission first.

8. Termination

You may terminate this Agreement at any time by calling JBA Network Customer Support. There are no refunds for any fees paid.

JBA Network may terminate this Agreement or the Products, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. JBA Network shall have no liability to you or any third party because of such termination or action.

JBA Network may delete any of your archived data within 30 days after the date of termination. After termination, you shall process all unsubscribe requests within 30 days of your last email campaign. JBA Network will provide upon request the list of unsubscribe requests from your last campaign. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

If your account is classified (at JBA Network's sole discretion) as inactive for over 120 days, JBA Network has the right to permanently delete your subscriber data and all other data related to your account. JBA Network will use good faith efforts to contact you via email or telephone prior to taking any permanent removal actions.

9. Warranty Disclaimer; Remedies

USE OF THE PRODUCTS AND ANY RELIANCE BY YOU UPON THE PRODUCTS, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. JBA NETWORK DOES NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCTS. THE PRODUCTS ARE PROVIDED "AS IS" AND JBA NETWORK 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 Products shall be for JBA Network to use commercially reasonable efforts to adjust or repair the Products.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL JBA NETWORK OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "JBA NETWORK") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF JBA NETWORK 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, JBA NETWORK 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 MAXIMUM AGGREGATE LIABILITY OF JBA NETWORK TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY JBA NETWORK TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

11. Restricted Persons; Export of Products or Technical Data

You hereby warrant that you are not a Restricted Person. For purposes of this Agreement, you are a Restricted Person if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using the Products is (1) a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (2) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (3) listed on the Denied Persons List or Entity List by the U.S. Commerce Department; (4) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (5) owned, controlled, or acting on behalf of a Restricted Person. If you become a Restricted Person during the term of this Agreement, you shall notify JBA Network within twenty-four (24) hours, and JBA Network shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you, but without prejudice to your outstanding obligations to JBA Network.

You agree that you shall not utilize the Products to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of the Products, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.

12. Links to Third-Party Web Sites

This web site may contain links to non-JBA Network web sites. These links are provided to you as a convenience, and JBA Network is not responsible for the content of any linked web site. Any non-JBA Network web site accessed from this web site is independent from JBA Network, and JBA Network has no control over the content of that web site. In addition, a link to any non-JBA Network web site does not imply that JBA Network endorses or accepts any responsibility for the content or use of such web site.

13. No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by JBA Network of that third party or of any product or service provided by a third party.

14. Notice and Take Down Procedures; Copyright Agent

If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting JBA Network's copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

JBA Network's agent for copyright issues relating to this web site:
Lonnie LePore
Owner
JBA Network, Inc.
311 Montford Ave.
Asheville, NC 28801
Phone: (828) 232-0016
Fax: (480) 275-3758
Email: compliance@mynewsletterbuilder.com

In an effort to protect the rights of copyright owners, JBA Network maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.

15. Open Positions on Career Pages

JBA Network may list open employment positions on this web site. Any such postings are for informational purposes only and are subject to change without notice. You should not construe any information on this web site or made available through this web site as an offer for employment. Nor should you construe anything on this web site as a promotion or solicitation for employment not authorized by the laws and regulations of your locale.

16. Username and Password

You are responsible for maintaining the security of your account, passwords, and files. JBA Network will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password on-line, by e-mail or by phone. JBA Network has no knowledge of your organizational structure, if you are registering for the Products as an entity, or your personal relationships, if you are a person. JBA Network shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password.

17. Miscellaneous


17.1

If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

17.2

JBA Network and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

17.3

No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind JBA Network in any respect whatsoever.

17.4

In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.

17.5

The Agreement shall be governed by the laws of the state of North Carolina, U.S. without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Asheville, NC.

Additional Information

If you have any questions about the rights and restrictions above, please contact JBA Network by email at support@jbanetwork.com.

Published: 08 Oct 2009 - 17:00 GMT -0400

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