TERMS OF USE FOR Official Email Marketing Email Marketing Hosting Account Service

In this Agreement & Disclaimer ("Agreement") "you" and "your" refer to each customer or website visitor, "we", us" and "our" refer to its contractors, agents, employees, officers and directors ("Company") and "Services" refers to the services provided by Official Email Marketing.

Please read the following information carefully.

Illegal or obscene content:
Use of any Official Email Marketing service to make any illegal or obscene content available via transmission, storage, or display of such material is prohibited. Accounts maintaining such content are subject to suspension or termination without notice. Failure to comply with the terms of our hosting account terms of use can result in suspension or termination without notice. There are no refunds given due to suspension or termination as a result of non-compliance with our terms of use.

Account Policies and Cancellation
Cancellation requests must be made via email to sales@officialemailmarketing.com or via the toll free phone number provided on our contact page. No other avenues of cancellation will be accepted. All fees paid for service to the point of cancellation are nonrefundable. We do NOT OFFER A REFUND policy for our hosting services. All accounts are required to cancel your hosting at least 8 days prior to your monthly or term billing cycle (or before any monthly payment has been made). All fees paid for domain registration are nonrefundable, without exception. All domain registrations are completed only after payment is received and the domain billing fee is $20.00 one time fee.

Billing:
You will be billed on a month to month or term basis for all services you have agreed to or added into your hosting account like additional webpages. Accounts can be billed up to eight days prior to account renewal. All other services on Official Email Marketing will be billed as seperate services and are stand alone to the hosting accounts and billing terms. You are required to notify billing (sales@officialemailmarketing.com) prior to uploading additional pages into your account. Failure to comply with these terms can result in suspension or termination without notice.

Misuse of system resources:
To protect and maintain high availability of all servers, activities designed to cause harm to or monopolize the resources of any server in the Official Email Marketing network is prohibited. This includes, but is not limited to, the use of programs that consume excessive CPU time; use of server space for backup or storage of material unrelated to the web site of an account; use of server space to be utilized for the purpose of major software repository items; use of any provided mail services other than for the client's own account; resale of disk space without an appropriate reseller agreement; use of servers to engage in any malicious or illegal activity, including unauthorized access to remote systems or providing the means for such access or engaging in any activity that can be used as a means to begin remote system penetration; distribution of viruses, worms, or any other electronic destructive resource; or maintaining or creating any free for all (FFA) type sites.

Commercial advertising - email:
We allow Can Spam Compliant email sending ONLY linking to your website or landing page hosted by Official Email Marketing. To learn more about Can Spam compliant email software visit http://en.wikipedia.org/wiki/CAN-SPAM_Act_of_2003 or use our Compliant software here http://www.officialemailmarketing.com/bulkemailsoftware.html The sending of unsolicited email (spamming) from a Official Email Marketing server or referencing a domain hosted by Official Email Marketing in any spam, whether originating from the Official Email Marketing Network or not, is forbidden. Official Email Marketing maintains an excellent reputation as a zero-tolerance provider due to swift action on spam complaints. Complaints regarding spamming are investigated thoroughly by Official Email Marketing. Should abuses be found, Official Email Marketing reserves the right to immediately and without notice terminate the offending account. Unsecured form to mail scripts, such as Matt Wright's formmail script, are likewise prohibited as are any naming variant of generic form to mail scripts (formmail.*, Formmail.*, FormMail.*). Unsecured form to mail scripts found to exist under any client account may be deleted or renamed at the discretion of Official Email Marketing.

Internet Relay Chat ("IRC") related materials are prohibited, without exception. This includes bots, bouncers, or any script or software package designed to facilitate the creation, maintenance, or access to any IRC server or channel. Client accounts found to have such software or scripts uploaded are subject to suspension or termination without notice. Scripts or software found to exist on any server will be deleted immediately upon discovery, without notice, and a warning issued. Further violations of this policy will result in account termination.

CGI or php-based shell scripts are prohibited. This includes any script that is used for the purpose of issuing shell-level commands or which acts as a proxy for shell access via a web browser rather than the use of the embedded SSH client in the control panel or the use of a standalone SSH client. Such scripts will be deleted without notice when found. Continued use of such scripts will be grounds for account termination.

Web proxy scripts are prohibited. This includes any script, such as nph-proxy, that allows anyone to browse to a third party web site from any server in the Official Email Marketing network or that otherwise masks the true origination point of browsing activities by use of network information associated with Official Email Marketing. Such scripts will be deleted when found. Repeated violations will result in account suspension or termination.

The weblog software Greymatter is not permitted on any Official Email Marketing server. Filtering is performed on all servers to deny access to the scripts Greymatter utilizes due to the resource issues created by those scripts. Installations found will be noted to the account holder for removal and transitioning to a new weblog software package.

Intellectual property violations:
Any activity that infringes on copyrights, trademarks, service marks, patents, software ownership, or trade secrets held by any third party entity is prohibited. Official Email Marketing is required by law to remove or suspend accounts that violate copyright held by third parties when notified that such infringement exists. Accounts that continually engage in such violations are subject to termination. Material that infringes on the privacy or rights of others, or that otherwise represents a reasonable, credible threat, is prohibited. Disputes between parties where clear legal decisions cannot be determined by individual claims must be settled between those parties and valid legal documentation must be provided for action related to content on sites within the Official Email Marketing network. In no instance will Official Email Marketing be responsible for individual site material for which no authoritative documentation has ben provided.

THIS SITE IS PROVIDED AS-IS WITH NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ASSUME COMPLETE RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND ANY AND ALL SITE-RELATED SERVICES.

Some jurisdictions do not allow the exclusions of implied warranties, so the above exclusion may not apply to you. COMPANY, ITS AGENTS, REPRESENTATIVES AND EMPLOYEES ARE NEITHER RESPONSIBLE NOR LIABILE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ITS SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. COMPANY SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THIS AGREEMENT OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.

COMPANY FORMS "PARTNERSHIPS" OR ALLIANCES WITH SOME VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS COMPANY MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES, NOR WILL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST COMPANY WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

We make no warranty regarding any goods or services purchased or obtained or any transactions entered into with COMPANY. No advice or information, whether oral or written, obtained by you from Official Email Marketing shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Official Email Marketing at its sole discretion, may choose to change the terms, conditions and operation of this Web site at anytime. By using this service, the user waives any rights or claims it may have against Official Email Marketing.

The content available through the Site is the sole property of Official Email Marketing and is protected by copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, Official Email Marketing-owned content received through the Site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Site to anyone, including but not limited to others in the same company or organization without Official Email Marketing's express prior written consent.

THIS SITE IS NOT A SUBSTITUTE FOR LEGAL COUNSEL

The materials posted on any of Official Email Marketing's sites are provided for public informational purposes only.

Other activities:
Any activity not defined above but judged by Official Email Marketing to be harmful to other clients or general operations of the network will be addressed on a case by case basis.

GOVERNING LAW

By using this site, you submit to the exclusive jurisdiction of Canada, and you waive any jurisdictional venue, or inconvenient forum objections to such courts. You agree that, if an agent for you (i.e., an Internet Service Provider, employee, etc.) purchased our Services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein.

COMPANY may modify these terms of use at any time by making such modification on this page.

BY USING THIS SITE AND/OR ANY SERVICES RELATED THERETO, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF USE.

Thank you for choosing Official Email Marketing as your Hosting service.