Acceptance of Terms

Please read these Terms of Use carefully as they govern your access and use of the EasyContact email marketing services (the “Service”). As used herein, “Deluxe,” “we,” “us” and “our“ refers to Deluxe Small Business Sales, Inc. “You,” “your,” and “yours” refers to the customer accessing and using the Service.

By accessing or using the Service you agree to be bound by these Terms of Use, our Acceptable Use and Anti-Spam policies (the “Policies”), and any additional guidelines, restrictions or rules (together with the Policies, the “Agreement”) that may be posted on www.easycontact.com (the “Site”). All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference. Deluxe may modify the terms and conditions of this Agreement and/or the Policies and any such change shall become effective upon posting of the revised Agreement and/or Policies on the Site.

Charges and Billing

Payment for the Service may be made by using a valid credit card.  Fees are payable in U.S. dollars and include applicable sales tax.  You hereby authorize Deluxe to charge your credit card for amounts related to your use of the Service (other than any free plan that may be available) and continuing until you elect to terminate your use of the Service and your account is terminated. If for any reason Deluxe is unable to effect automatic payment via your credit card, we will attempt to notify you. Your EasyContact account may be disabled until payment is received. Amounts paid for the Service are not refundable.  For questions related to billing please contact us at 1-888-740-0552 or by email at billing@easycontact.com.

Deluxe reserves the right to change any fees at any time provided. Such changes include, but are not limited to, price increases on existing or new services and charging a fee for upgrades and/or a service for which Deluxe does not currently charge a fee for.

If you find any change to the pricing of the Service to be unacceptable for your continued use of the Service, you are free to cancel the Service and terminate your account at any time.  However Deluxe will not be obligated to refund any remaining portion of your pre-paid fees upon receipt of any such cancellation notice from you.

Use of Service

At all times, your use of the Service must comply with our Anti-Spam Policy and Acceptable Use Policy. You may use the Service only in connection with your own internal purposes and business operations and not as a service for any third party. You acknowledge and agree that not all email messages sent through use of the Service will be received by their intended recipients.

a. CAN-SPAM Act of 2003

You shall use the Service only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and regulations thereunder and all other applicable U.S., state, local and international laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation, copyright and trademark infringement and child protective email address registry laws).

At a minimum:

1. Each email message that is sent using the Service must contain an "unsubscribe" link that allows recipients to remove themselves from Your mailing list or “opt out” of receiving further email communications from You. You agree that you will not remove, disable or attempt to remove or disable the unsubscribe link.

2. You acknowledge that you are responsible for maintaining and honoring the list of unsubscribe requests following termination of your account and this Agreement and taking action on each request within 10 days of being notified of any request for removal or opt-out.

3. You acknowledge and agree that you are the sole or designated "sender" (as such term is defined in the CAN-SPAM Act of 2003 and any rules adopted under such act) of any email message sent by you using the Service;

4. You agree that the "from" line of any email message sent by you using the Service will accurately and in a non-deceptive manner identify your organization, your product or your service;

5. You agree that the "subject" line of any email message sent by you using the Service will not contain any deceptive or misleading content regarding the overall subject matter of the email message; and

6. You agree to include in any email message sent by you using the Service, your valid physical address, which may be a valid post office box meeting the registration requirements established by the United States Postal Service.

Although Deluxe has no obligation to monitor Your use of the Service or the content provided by You as part of your use of the Service, Deluxe may do so and may block any email messages, remove any such content or prohibit any use of the Service that Deluxe, in its sole discretion, believes may be (or is alleged to be) in violation of this Agreement.

b. Permission-Based Lists

A permission based list is a list of email addressees (persons or organizations) that have explicitly granted their permission to receive email communications from you. You agree to import, access or use only permission-based lists in connection with Your use of the Service. You agree that You shall not utilize the Service 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.

c. Spam

Spam is defined as the sending and receiving of unsolicited commercial emails. Emails that you send through the Service may generate spam complaints from recipients. As a matter of privacy, Deluxe may not 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. Deluxe, 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. Deluxe will terminate your use of its Service if it determines that your level of spam complaints is higher than industry norms. Please refer to our Anti-Spam Policy for more details.

d. Registration, Username and Password

You must complete our registration form in order to establish a user account for Service. You shall provide true, accurate, current and complete information as requested and will update the information to keep it current. You must identify a working email address, username and password and you are solely responsible for maintaining the confidentiality and security of all information related to the user account including username and password. You are solely responsible for any and all activities that occur with respect to your user account and your use of the Service. Deluxe shall not be responsible for the actions of any individuals who misuse or misappropriate your user account or Your Content. You agree to immediately notify us of any unauthorized use of the Service or your username and/or passwords or of any other breach of security and to provide assistance to stop, prevent or remedy any breach of security. We reserve the right, in our sole discretion, to refuse registration of an account or cancel an existing account that we deem to be inappropriate.

Deluxe’s Proprietary Rights

All software embedded in the Service (the "Software"), and the Service itself, are and shall remain the sole and exclusive property of Deluxe. Accordingly, you acknowledge that Deluxe owns or has rights through third parties to all right, title and interest in and to the Software and the Service, including, without limitation, all United States and international patent rights, copyrights, trademark rights, trade secret rights, and all other proprietary rights pertaining thereto.). No license or right to use, reproduce, translate, rearrange, modify, enhance, display, sell, lease, sublicense or otherwise distribute, transfer or dispose of the Service accessed by You as part of this Agreement, is granted to You, in whole or in part, except as expressly provided by this Agreement. You shall not reverse engineer, decompile, disassemble or create derivative works from the Software and nothing in this Agreement will entitle you to access or use the source code of the Software.

Deluxe or its applicable licensors or service provider(s) shall own all rights, title and interest, including all intellectual property rights, in and to any improvements to the Service or any new programs, upgrades, modifications or enhancements thereto, even if and to the extent any such refinements and improvements result from requests submitted by you. To the extent that ownership in such refinements and improvements does not automatically vest in Deluxe or its applicable licensors or service provider(s) by virtue of this Agreement or otherwise, You hereby transfer and assign (and, if applicable, shall cause your affiliates to transfer and assign) to Deluxe or its applicable service provider(s) all rights, title, and interest which You or any of your affiliates may have in to such refinements and improvements.

Your Proprietary Rights

In connection with our provision of Service to you, you retain any and all applicable copyright and other intellectual property rights in the materials you supply to us including but not limited to email addresses, newsletters and email content, trademarks, service marks or trade names (“Your Content”). Deluxe will not own and does not agree to maintain or preserve Your Content. You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of Your Content, and intellectual property ownership thereof. You are solely responsible for maintaining, securing and storing Your Content. Deluxe is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of Your Content.

You hereby grant Deluxe a non-exclusive, worldwide, irrevocable, perpetual, unlimited, assignable, royalty-free, license to (i) copy, host, use, reproduce, modify, prepare derivative works of, improve, distribute, transmit, publish, remove, retain or delete, add to, combine with information provided by third parties, and publicly display Your content for the purpose of creating, operating and maintaining the Service. By submitting, posting, uploading, transmitting or otherwise making available any of Your Content You warrant and represent that you own or otherwise control the rights necessary to do so and to grant Deluxe the license set forth herein

Representations and Warranties

You represent and warrant that:

a. You are at least eighteen (18) years old and have full power and authority to enter into this Agreement and will use the Service in a manner consistent with this Agreement and the Policies and that, if you are using the Service in Your capacity as an employee, you have the ability to bind Your employer by your use of the Service.

b. No information or content provided by you or any of your affiliates to Deluxe under this Agreement will infringe any copyright, trademark, patent, trade secret or other proprietary right held by any third party.

c. You will not use the Service in a manner that violates any law or regulation or to transmit (i) any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive or otherwise objectionable information, images, or other content of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; (ii) any chain letters, pyramid schemes or other deceptive, misleading, and/or fraudulent content; (iii) any unsolicited commercial or non-commercial communication; (iv) any emails with deceptive, misleading or false subject lines or header information that makes it difficult to identify the initiator of the email; (v) any information containing a virus, Trojan horse, worm, or other harmful component; (vi) or any materials that would be deemed Prohibited Content under our Acceptable Use Policy.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DELXUE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NON-INFRINGEMENT, WITH RESPECT TO THE SERVICE. DELUXE DOES NOT GUARANTEE ANY RESULTS WITH RESPECT TO YOUR USE OF THE SERVICE OR THAT THE SERVICE WILL BE PROVIDED UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability

IN NO EVENT WILL DELUXE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SERVICE OR TO THE PERFORMANCE OF THIS AGREEMENT INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA, LOSS OF USE OR LOSS OF PROFITS, EVEN IF DELUXE HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

IN NO EVENT WILL DELUXE’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR CLAIMS, LOSSES OR DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, INDEMNITY OR OTHERWISE, ARISING OUT OF OR RELATED IN ANY WAY TO THIS AGREEMENT OR THE SERVICE, EXCEED THE ACTUAL FEES YOU PAID TO DELUXE FOR THE SERVICE AS OF THE DATE OF THE CLAIM, LOSS, OR DAMAGE.

Indemnification

You agree to indemnify, defend and hold Deluxe harmless from any and all claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys' fees) arising from your violation of this Agreement or the Policies, your negligence or intentional misconduct,, your violation of law in your use of the Service, your breach of any of its representation, warranties or covenants set forth herein, or your infringement of any intellectual property rights or other rights of any person or entity.

Customer Support

EasyContact by Deluxe offers email support services at support@easycontact.com or for paying customers by calling 1-888-740-0552.

Termination

You may terminate this Agreement or the Service at any time by notifying us by telephone at 1-888-740-0552, by email at billing@easycontact.com, or by sending written notice to Attn: EasyContact, Deluxe Small Business Sales, Inc. at 40 PLC Lane, Miramichi, New Brunswick, E1N 0B3, Canada. Deluxe may terminate this Agreement or the Service at any time with our without cause or notice without further liability to you or to any other third party.

Deluxe, in its sole discretion, may terminate, disable or suspend your account and your use of and access to the Service, at any time and for any reason, which may include (a) your breach of this Agreement due to your failure to make any required payments to Deluxe when due or your failure to comply with the terms of this Agreement and/or the Policies; (b) our inability to verify or authenticate any information You provide to us; (c) we conclude in our sole discretion that your use of or access to the Service may result in liability to us; or (d) your bankruptcy or insolvency.

If we terminate your account pursuant to (a), (b), (c) or (d), you will forfeit all credits, pre-paid fees, and any other amounts accruing to you, if any, and Deluxe shall not be required to refund, redeem, or pay any such or other amounts to you. Deluxe shall have no liability to you or any third party because of such termination or action.

After cancellation or termination, you shall process all unsubscribe requests within 10 days of your last email campaign. Upon request, Deluxe will provide the list of unsubscribe requests from your account.

Upon termination Deluxe may delete any of Your Content or other such information that may be archived. In no event shall Deluxe be required to return any of Your Content to you upon your or our termination. All sections of this Agreement which, by their nature, should survive termination, shall survive including indemnity and the disclaimers of warranty and limitations of liability.

Miscellaneous

Except as otherwise expressly set forth herein, this Agreement, the Policies or the Service may be amended or modified only by Deluxe and may not be modified by course of conduct.

BY CLICKING ON THE "I AGREE" BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, THAT YOU UNDERSTAND THE PROVISIONS OF THE AGREEMENT AND THAT YOU AGREE TO BE BOUND TO AND BY THEIR TERMS.