eAppTrack Family of Products
Effective Date: October 18, 2010
Updated: September 19, 2012
What is eAppTrack?
eAppTrack is a web-based database platform with toolsets built-in to allow non-technical users to create and configure any type of database or tracking tool they desire. Products under the eAppTrack platform family include eSalesTrack, eFaciliTrack, eFreshTrack, eFireTrack, eMediTrack, ePunchTrack, among others. All the products utilizing the eAppTrack platform apply to this document.
What is Spam?
According to Spamhaus, “The word “Spam” as applied to Email means “Unsolicited Bulk Email””. Further, “Unsolicited means that the Recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages, all having substantively identical content.” “A message is Spam only if it is both Unsolicited and Bulk.” eAppTrack has adopted this definition of Spam. eAppTrack may not be used for the sending of unsolicited email messages.
All messages sent by means of eAppTrack shall be in compliance with the “CAN-SPAM Act” and eAppTrack’s Terms and Conditions. You agree to represent yourself and/or your organization accurately and will not impersonate any other person, whether actual or fictitious. You are the sole or designated “sender” (as that term is defined in the CAN-SPAM Act of 2003 and any rules or regulations adopted under such act) of any message sent by you using eAppTrack. In addition, for messages sent to Canadian email accounts, you are the sole person sending or causing or permitting the message to be sent, within the meaning of Canada’s Anti-Spam Legislation, S.C. 2010, c. 23.
1. Proprietary Rights Owned by eAppTrack : You acknowledge that we own all proprietary rights in the Website and the software used to provide the Services, including, but not limited to, any patents, trademarks, service marks and copyrights.
2. Proprietary Rights Owned by You : You represent and warrant to us that you will not add or upload any content to the Website to create an electronic newsletter, or for any other purpose unless you are the owner of all proprietary rights in that content (or have been given a valid license from the owner of the proprietary rights in such content) and have obtained releases for all related privacy and publicity rights.
3. General Rules : You agree to the following:
• You will not incorporate into your Email any content that is not created by you (text, photos, graphics), not provided by eAppTrack for you to incorporate into your Email or you are not otherwise permitted to use.
• You will include in any Emails created or sent using eAppTrack, any misleading or incorrect information (name, address, email address, subject line or any other misleading or incorrect information).
• You will not publish any material that contains sexually related content (text, photographs, or other content).
• You will not publish content that is illegal, defamatory, offensive, obscene, indecent, threatening, harassing, abusive or hateful.
• You will not send emails that violate CAN-SPAM Law
• You will not use eAppTrack to send anything offensive, to promote anything illegal, or to harass anyone. You may not send emails containing or promoting any of the following:
o Illegal goods or services
o Escort and dating services
o Pharmaceutical products
o Work from home, Internet Lead-gen, Make money on online opportunities, etc.
o Online trading, day trading tips, or stock market related content
o Gambling services, products or gambling education
o Multi-level marketing
o Affiliate marketers
o Credit repair
o Mortgages and/or Loans
o List brokers or List rental services
o Supplements (Nutritional, Herbal, Vitamin)
o Pornography or Nudity
o Adult novelty items or references in content
o Sending email without proper permission
• You will not attempt to copy, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way used from the Website.
• You will not include in any Emails any material the inclusion of which is in violation of any other party’s rights.
• You will not import or incorporate into any lists, emails or uploads to our servers any of the following information: Social Security Numbers, passwords, security credentials, or sensitive personal information of any kind.
• Messages that you send through eAppTrack may generate spam or other complaints from recipients. As a matter of privacy, we cannot share with you information about those recipients who complain about your messages, surveys, events or campaigns. You are responsible for ensuring that your messages or campaigns do not generate a number of spam or other complaints in excess of industry norms. We may terminate your access to or use of the Products if we determine that your level of spam or other complaints are higher than industry norms, as determined by us in our sole discretion (such determination shall be final, binding and conclusive for all purposes under this Agreement).
• If you’re in an industry that is frequently associated with spam, you will most likely need to look into setting up your own mail servers.
4. Permission Practices. You agree to comply with the following in connection with your use of eAppTrack:
• You agree to import, access or otherwise use only contact lists for which all listed parties have consented to receive correspondence from you, in compliance with applicable law, in connection with your use of the Products. You agree not to use any other contact lists in connection with your use of the Products. For respondents to your surveys or registrants to your events or people or organizations that interact with you through your social media campaigns, consent to receive other correspondence from you is evidenced by the respondent or registrant opting into a link in the course of responding to your survey, registering for your event or interacting with you by means of your social media campaigns. You agree at that you have sole legal control, responsibility and liability for compliance with any such laws.
• Even if you’re sending email marketing to customers who have consented to receive your Email, you are still required, under applicable law, to allow them to opt-out of your email marketing list.
• You agree that you shall not utilize the Products to send any message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose) (a “commercial electronic mail message” as defined in the CAN-SPAM Act or Canada’s Anti-Spam Legislation) 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 will not send messages to distribution lists, publicly available press, media addresses, or purchased email addresses.
5. No Warranties : to the maximum extent permitted by law, the material on this website and the services (including all content, software, functions, services, materials and information made available herein or accessed by means hereof) are provided as is, without warranties of any kind, either express or implied.
6. Limitation of Liability : To the maximum extent permitted by law, you assume full responsibility and risk of loss resulting from your use of the website and the services including any downloads from the website. Under no circumstances shall we or any of our employees or representatives be liable for any indirect, punitive, special or consequential damages even if we or any of our employees or representatives have been advised of the possibility of such damages. Our total liability in any event is limited to the amount, if any, actually paid by you for use of the website and the services for the one month period ending on the date a claim is made and you hereby release us and our employees and representatives from any and all obligations, liabilities and claims in excess of this limitation.
7. Indemnity : You agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses (including, but not limited to, attorney fees) resulting from any claims not permitted under this Agreement due to a “Limitation of Liability” or other provision, that you assert, or may assert, based on or relating to your use, or the use of any individual using your password, of this Website or the Services. You further agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses resulting from claims of third parties, including, but not limited to, attorney fees, that result in whole or in part from allegations of conduct by you that, if true, would constitute a violation by you, or any individual using your password, of any of the terms of this Agreement.
Violations of Terms and Conditions
• If a user violates any of the terms of this Agreement, we reserve the right to cancel accounts, or bar access to accounts, without refund.
• If you do not meet these eligibility requirements, you may not use the eAppTrack service:
o You must be at least 18 years of age, and be able to form legally binding contracts under applicable law.
o You must complete the registration process and agree to the terms of this Agreement. All contact information you submit must be true, complete, and up to date.
• eAppTrack reserves the right to refuse service or to terminate accounts for any user, and to change eligibility requirements at any time, in its sole discretion
• Right to Review Email Campaigns
• We are permitted to copy and transmit copies of the content from your email campaigns to help us spot problem accounts. Further we can use tools that will help us to uncover Members who violate either these Terms of Condition or applicable law.
• We take abuse reports seriously at eAppTrack. If you’ve received spam that you think came from an eAppTrack user, we want to hear about it. Please report the fact that you received spam from what appears to be an eAppTrack user to us by emailing email@example.com.