RapidNewsletter.com Terms of Service

ACCEPTABLE USE AGREEMENT AND SOFTWARE LICENSE TERMS

RapidNewsletter provides businesses and organizations a variety of tools and resources to collect visitor email addresses and to create, launch, and manage online email campaigns. These tools and resources are referred to in this agreement as the “Services”. The Services may not be used for the sending of unsolicited email (“spam”).

ACCEPTABLE USE AGREEMENT

RapidNewsletter prohibits the use of the RapidNewsletter service by any company or site that engages in any of the following:

Provides, sells or offers to sell the following products or content (or services related to the same): pornography or illicitly pornographic sexual products; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons
Displays material that exploits children, or otherwise exploits children under 18 years of age
Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. “spam”, such as online pharmacies, work-at-home businesses, credit management, mortgage and debt relief offers, nightclubs and party lists.
Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or posts any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content
Posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in case of a minor)
Sells or promotes any products or services that are unlawful in the location where the content is posted or received
Introduces viruses, worms, harmful code and/or Trojan horses to the Internet
Promotes, solicits or participates in pyramid schemes
Engages in any libelous, defamatory, scandalous, threatening, or harassing activity
Posts any content that advocates, promotes or otherwise encourages violence against any government, organization, group or individual; or which provides instruction, information or assistance in causing or carrying out such violence
Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner where required.

Although RapidNewsletter has no obligation to monitor the content provided by you or your use of the Services, RapidNewsletter may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.

SOFTWARE LICENSE TERMS

The following are the terms and conditions for use of the Services. By logging in to RapidNewsletter, you accept these terms and conditions.

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

The Services may not be used for the sending of unsolicited email (“spam”).
The Services may only be used for lawful purposes.
Your use of the Service is subject to the Prohibited Content and Commerce Statement.
The Services will be subject to monthly subscription fees (“Paid Services”) once you have completed your free trial period or wish to exceed the free subscriber limit.
RapidNewsletter will not use your customer list/subscriber list or any other information about your customers for any purposes other than those intended with the Services.
You agree you will not import, access or otherwise use third-party mailing lists in connection with preparing or distributing unsolicited email.
You agree to import, access or otherwise use only permission-based lists (purchased lists may NOT be used) in connection with your use of the Services.
Every email message sent in connection with the Services must contain the RapidNewsletter “unsubscribe” link that allows subscribers to remove themselves from your mailing list.
You agree to process unsubscribe requests within a 10-day timeframe
You will adopt and maintain the email Privacy Policy, which may be modified by RapidNewsletter from time to time.
RapidNewsletter reserves the right to remove recipients from your list without your consent if we receive spam complaints from a recipient, an ISP, or anti-spam service. We also reserve the right to share your name with anti-spam organizations, other email service providers, recipients of your list, or ISPs if there are spam complaints in connection with your use of our system.

Services and Support

The Services are provided subject to this Agreement, as it may be amended by RapidNewsletter, and any guidelines, rules or operating policies that RapidNewsletter may establish and post from time to time (the “Agreement”), including without limitation RapidNewsletter’s email privacy policy, as 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 Service-related websites and/or RapidNewsletter.com, or otherwise providing notice to you, RapidNewsletter may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services in its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service-related websites.
The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.
You must complete the registration form on the Sign Up page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name.You will immediately notify RapidNewsletter of any unauthorized use of your account or any breach of security.
RapidNewsletter performs regular backups of our system and of customer data, but we are not responsible for any of your data residing on our system. You are responsible for backing up your data and lists regularly.

Free Trial, Fees and Payment
1. Once you have completed your free trial period or wish to exceed the free subscriber limit, you will be subject to monthly subscription fees (“Paid Services”). You will be required to submit payment for Services (unless you have already provided payment or means of payment, such as credit card information) monthly for Paid Services. In the event of nonpayment, access to the Services will be disabled until payment is received.
2. Fees will be billed monthly for Services. The Fees are based on the number of subscribers you are allowed to maintain. You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by RapidNewsletter. The Fee Schedule, including subscriber levels and prices, is subject to change at any time in RapidNewsletter’s discretion.
3. Payment for Services will be made by a valid credit card accepted by RapidNewsletter. Fees are payable in US dollars. You hereby authorize RapidNewsletter to charge your credit card for such amounts on a regular monthly basis beginning at the end of your free trial period. If RapidNewsletter is for any reason unable to effect automatic payment via your credit card, RapidNewsletter will attempt to notify you via email and your RapidNewsletter account will be disabled until payment is received. Amounts paid for the Services are not refundable.
4. You acknowledge and agree that you are responsible for paying Fees for all email messages sent using the Services, regardless of whether delivery of such messages to their intended recipients is prevented or blocked by any third party
Email & Permission Practices
1. Every email message sent in connection with the Services must contain the automatically generated “unsubscribe” link that allows subscribers to remove themselves from your mailing list.You acknowledge and agree that you will not remove, disable or attempt to remove or disable this link.
2. You agree to import, access or otherwise use only permission-based lists (purchased lists may not be used; please contact RapidNewsletter if you have questions).
3. You cannot send mail to distribution lists, newsgroups, or spam email addresses. You cannot copy your RapidNewsletter template and use the design for purposes other than sending emails through the Services without express permission from RapidNewsletter.
4. You are responsible for monitoring, correcting, and processing unsubscribe requests within 10 days, and updating the email addresses to which messages are sent through your RapidNewsletter account.
5. Emails that you send through the Service may generate abuse complaints from recipients. As a matter of privacy, RapidNewsletter cannot share with you the email addresses of those who complain about your mailings. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. RapidNewsletter, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.
6. RapidNewsletter, at its own discretion, may immediately disable your access without refund to the Services if RapidNewsletter believes in its sole discretion that you have violated any of the email and permission practices listed above, or the RapidNewsletter Prohibited Content and Commerce Policy
Restrictions and Responsibilities
1. RapidNewsletter will not use your customer list or any other information about your customers for any purposes other than those intended with the Services. Your customer information will not be shared with any other parties unless required by law.
2. This is an Agreement for Services, 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 Services or any software, documentation, or data related to the Services (“Software”); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
3. You represent, covenant, and warrant that you will use the Services 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). You agree you will not access or otherwise use third-party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless RapidNewsletter 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 arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. In addition, you acknowledge and agree that RapidNewsletter has the right to seek damages when you use the Services 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. Although RapidNewsletter has no obligation to monitor the content provided by you or your use of the Services, RapidNewsletter may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
4. The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited.
5. For every email message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating “Powered by RapidNewsletter” or a similar message. You agree to cooperate with and provide reasonable assistance to RapidNewsletter in promoting and advertising the Services.
Termination
1. You may terminate this Agreement at any time by calling RapidNewsletter Customer Support. There are no refunds for any fees paid.
2. RapidNewsletter may terminate this Agreement or the Services, 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. RapidNewsletter shall have no liability to you or any third party because of such termination or action.
3. RapidNewsletter will delete any of your archived data within 30 days after the date of termination. After termination, you are required to process all unsubscribe requests within 30 days of your last email campaign. RapidNewsletter 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.
4. If your account is classified (at RapidNewsletter’s sole discretion) as inactive for over 120 days, RapidNewsletter has the right to permanently remove your subscriber data. RapidNewsletter will attempt to contact you via email prior to taking any permanent removal actions.
Warranty Disclaimer; Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. RAPIDNEWSLETTER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND RAPIDNEWSLETTER 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 Services shall be for RapidNewsletter to use commercially reasonable efforts to adjust or repair the Services.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL RAPIDNEWSLETTER 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 “RAPIDNEWSLETTER”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF RAPIDNEWSLETTER 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, RAPIDNEWSLETTER 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 LIABILITY OF RAPIDNEWSLETTER TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
Export of Services or Technical Data
You may not remove or export from the United States or allow the export or re-export of the Services, 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.
Miscellaneous
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.
2. RapidNewsletter and you agree that the 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 the 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.
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 RapidNewsletter in any respect whatsoever.
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.
5. The Agreement shall be governed by the laws of Minnesota, USA 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 Rochester, Minnesota.
6. RapidNewsletter is a trade name of Corporate Web Services, Inc., a North Dakota corporation. Corporate Web Services, Inc. shall enjoy all rights and benefits that are afforded by this Agreement to RapidNewsletter.

Privacy Policy

Your privacy is important to RapidNewsletter. This statement discloses the information practices for RapidNewsletter, including what type of information is gathered and tracked, how the information is used, and with whom the information is shared.

Corporate Web Services, Inc., RapidNewsletter’s parent company, is a member of the Better Business Bureau Online. BBB Online is an independent initiative whose mission is to build users’ trust in the Internet by promoting the principles of disclosure and informed consent.

Personal information

In general, you can visit RapidNewsletter.com on the Internet without telling us who you are and without giving any personal information about yourself. There are times, however, when we or our partners may need information from you.

You may choose to give us personal information in a variety of situations. For example, you may want to give us information, such as your name and address or email address, to correspond with you, to process an order, or to provide you with a subscription to the Services. You may give us your credit card details to buy something from us or a description of your education and work experience in connection with a job opening at RapidNewsletter that you wish to be considered for. We intend to let you know how we will use such information before we collect it from you; if you tell us that you do not want us to use this information to make further contact with you beyond fulfilling your requests, we will respect your wishes. If you give us personal information about somebody else, such as a spouse or work colleague, we will assume that you have their permission to do so.

Using and Sharing Personal Information

The following paragraphs describe in more detail how CWS may use your personal information and with whom we may share it. Depending on the type of CWS website you are visiting, one or more of the paragraphs may apply. For example, if you order a product from a CWS website, your information will be handled as described in such paragraphs as Fulfilling Your Transaction Request and Marketing Use.

Fulfilling your transaction request

If you request something from the RapidNewsletter website, for example, a product or service, a callback, or specific marketing materials, we will use the information you provide to fulfill your request. To help us do this, we may share information, with others, for instance, other parts of RapidNewsletter, RapidNewsletter’s Business Partners, financial institutions, shipping companies, postal or government authorities involved in fulfillment. In connection with a transaction we may also contact you as part of our customer satisfaction surveys or for market research purposes.

Marketing Use

The information you provide to RapidNewsletter on certain websites may also be used by RapidNewsletter for marketing purposes. We will offer you the opportunity to choose whether or not to have your information used in this way.