The Disseminator end user license agreement
The Disseminator End User License Agreement ("Agreement") is by and between 2Geckos Consulting, LLC. ("2Geckos") and you, and your heirs, assigns, agents and contractors (collectively, "You") and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of The Disseminator and represents the entire Agreement between You and 2Geckos concerning the subject matter hereof. By using the Disseminator Services, You acknowledge and agree that You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies, including, but not limited to, the Universal Terms of Service that 2Geckos may establish from time to time. Such agreements may be found here.
1. the service
2Geckos currently provides the Disseminator to its customers on either a flat monthly subscription model or as a standalone application. 2Geckos shall provide You with the ability to create, manage and maintain a permission-based subscriber list (with optional confirmed opt-in functionality), design and send targeted email campaigns (messages) to subscribers, and access valuable data used to generate reports on campaign and subscriber activity; provided, however, You abide by the terms and conditions set forth herein and in each of 2Geckos `s policies and procedures, as may be amended by 2Geckos from time to time.
The Disseminator allows You to:
1. add, access, manage and maintain a collection of subscribers based on email addresses though manual inclusion and group importing of customer database files;
2. create e-mail messages (campaigns) using your HTML editor or use our design service to create a design that reflects your needs;
3. schedule e-mail campaigns distribute each campaign at a date and time to recipients based on subscriber list or distribution group;
4. schedule recurring campaigns for daily, weekly, monthly, and yearly distribution;
5. subscribe to distribution lists for a fee paid to the list provider;
6. build and implement mailing list subscription functionality to a Web site designed to attract subscribers and collect customer demographic data.
Availability of Services
Subject to the terms and conditions of this Agreement, 2Geckos shall use commercially reasonable efforts to provide the Disseminator Services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time the Disseminator Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that 2Geckos may undertake from time to time; or (iii) causes beyond the control of 2Geckos or that are not reasonably foreseeable by 2Geckos, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures.
YOU ACKNOWLEDGE AND AGREE THAT 2GGECKOS HAS NO CONTROL OVER AND HAS MADE NO REPRESENTATION OR WARRANTY ABOUT THE AVAILABILITY OF THE DISSEMINATOR SERVICES ON A CONTINUOUS OR UNINTERRUPTED BASIS.
2. your obligations
You also acknowledge and agree that You shall not use The Disseminator Services to send or upload the following types of information:
1. personal information about minors without their parent´s consent,
2. pornography or nude pictures,
3. tasteless images,
4. excessively violent material,
5. links to web sites containing the serial numbers for unlocking software illegally,
6. pyramid schemes,
7. chain letters,
8. impersonations of another person,
9. encouraging the use of a controlled substance,
10. selling or promoting products that are unlawful in the location where the email is received,
11. advocating, promoting, or encouraging violence against any person, organization, or the government, or
12. links to web pages containing any of the aforementioned content.
You acknowledge and agree that You have provided accurate, current and complete information in the application process and that You shall notify 2Geckos within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by 2Geckos to determine the validity of information provided by You, shall constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if 2Geckos has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, 2Geckos has the absolute right, in its sole discretion, to terminate this Agreement and/or The Disseminator Services and close Your account.
By using The Disseminator Services, You represent and warrant that the information You use in any email campaigns is true, and that the email addresses You include are of subscribers who have granted You direct consent to receive email messages from You. You acknowledge and agree to comply with our Anti-Spam Policy, as well as the provisions of the Can-Spam Act of 2003. You agree that You shall include a valid and correct physical address on every email message, as well as a valid and correct "From" and "Reply-To" address in every email message. Any and all email campaigns shall require You to provide "Opt-In" verification for each subscriber. You acknowledge and agree that 2Geckos has the right but not the obligation to copy and/or store Your subscriber content, contact lists, and other information. 2Geckos shall not use this information in any way that violates its Privacy Policy, except as permitted or required by law.
Spam
2Geckos recommends that You carefully consider whether the email You are sending out may be considered spam.
To comply with the CAN-SPAM Act's regulation, The Disseminator uses a real return address and include a valid physical address, provide a unsubscribe feature, and verifies addresses are valid.
Intellectual Property
Except as expressly stated elsewhere in this Agreement, this Agreement does not grant You any rights in The Disseminator Services and all rights are reserved by 2Geckos. You acknowledge and agree that The Disseminator Services, the names and logos of 2Geckos and all related product and service names, design marks and slogans, are the sole and exclusive property of 2Geckos.
Storage and Security
At all times, You shall bear full risk of loss and damage to The Disseminator Services. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with Your use of The Disseminator Services. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your email lists; (ii) maintain independent archival and backup copies of Your email lists; and (iii) ensure the confidentiality of Your password. The Disseminator Services are not an archive and 2Geckos shall have no liability to You or any other person for loss, damage or destruction of any of Your content. If Your password is lost, stolen or otherwise compromised, You shall promptly notify 2Geckos, whereupon 2Geckos shall suspend access to The Disseminator Services by use of such password and issue a replacement password to You or Your authorized representative. 2Geckos shall not be liable for any loss that You may incur as a result of someone else using Your password or The Disseminator Services, either with or without Your knowledge and/or consent. However, You could be held liable for losses incurred by 2Geckos or another party due to someone else using The Disseminator Services or password.
2Geckos shall not disclose the information you place in The Disseminator Services without your express permission, in accordance with our Privacy Policy, except and permitted or required by law. 2Geckos does not sell personal information. 2Geckos shall not disclose or sell the information of Your customers that You store in The Disseminator Services, except as permitted or required by law.
3. 2Geckos’s rights
2Geckos explicitly reserves the right in its sole discretion to: (i) modify its pricing through email notification; (ii) review Your use of The Disseminator Services for excessive space and bandwidth utilization and to terminate this Agreement and Your use of The Disseminator Services or apply additional fees if Your use exceeds allowed levels; (iii) establish limits and guidelines concerning the use of The Disseminator Services, including but not limited to the maximum size of campaigns sent through our servers and the maximum number of occasions that You may access our servers using The Disseminator Services in any given period of time; (iv) terminate this Agreement and/or Your use of The Disseminator Services for unsolicited, commercial e-mailing (e.g., spam, sending email to subscribers who have not "opted-in"); illegal access to other computers or networks (e.g., hacking); distribution of Internet viruses or similar destructive activities; non-payment of The Disseminator Services fees; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, or racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way, and other activities whether lawful or unlawful that 2Geckos determines in its sole discretion may be harmful to its other customers, operations, or reputation; (v) terminate this Agreement and/or Your use of The Disseminator Services if Your use of The Disseminator Services results in, or is the subject of, legal action or threatened legal action against 2Geckos or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, and (vi) terminate this Agreement and/or Your use of The Disseminator Services if You have not accessed or logged into it for ninety (90) days or more. If 2Geckos terminates this Agreement or Your use of The Disseminator Services, 2Geckos may, at its own option, remove and destroy data and files stored by You on 2Geckos 's servers. 2Geckos has no obligation to monitor The Disseminator Services, but reserves the right in its sole discretion to do so.
For every email You send out using The Disseminator Services, You agree that 2Geckos may automatically attach a notice to it stating that the email was powered by The Disseminator Services or a similar message.
4. disclaimer of warranties
2Geckos EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, CONCERNING ANY SUBJECT MATTER OF THIS AGREEMENT. THE DISSEMINATOR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTIES WHATSOEVER.
Copyright � 2009 2Geckos Consulting, LLC,
Casa Grande, Arizona, (520) 709-2079
Website designed and managed by 2Geckos Contact the Webmaster Last updated 11 Sep 2012
