BEZA.NET eMS provides small and medium sized businesses and organizations a variety of tools and resources to collect visitor email addresses and to create, launch, and manage online email campaigns. The eMS service may not be used for the sending of unsolicited email (sometimes called "spam"). See our Anti-Spam Policy.

The following are the terms and conditions for use of the eMS Services. By clicking the 'I accept these terms and conditions' button on the sign-up page or by logging in to BEZA.NET eMS, you accept these terms and conditions.

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

• BEZA.NET eMS may not be used for the sending of unsolicited email (sometimes called "spam").
  
• BEZA.NET eMS may only be used for lawful purposes.
  
• Your use of the eMS Service is subject to the Prohibited Content and Commerce Statement.
  
• The eMS Services will be subject to monthly (or yearly) subscription fees ("Paid Services") once you have completed your free trial period or have exceeded the free subscriber limit.
  
• BEZA.NET eMS will not use your customer list/subscriber list or any other customer information for any other purposes than those intended with the eMS Service.
  
• You agree you will not 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 (note: purchased lists may not be used) in connection with your use of the eMS Services.
  
• Every email message sent in connection with the eMS Services must contain the BEZA.NET eMS "unsubscribe" link that allows subscribers to remove themselves from your mailing list.
  
• You will adopt and maintain the Email Privacy Policy, which may be modified by BEZA.NET eMS from time to time.

2. Services and Support

2.1 The eMS Services are provided subject to this Agreement, as it may be amended by BEZA.NET, and any guidelines, rules or operating policies that BEZA.NET may establish and post from time to time (the "Agreement"), including without limitation BEZA.NET Email Privacy Policy, as linked from all email generated from BEZA.NET eMS or otherwise 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 the BEZA.NET website, or otherwise providing notice to you, BEZA.NET may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the eMS Services in its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the eMS Service or at BEZA.NET eMS's website.

2.2 The eMS Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the eMS Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the eMS Services.

2.3 You must complete the registration form on the Sign Up page in order to use the eMS 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.

3. Free Trial, Fees and Payment

3.1 Once you have completed your free trial period or have exceeded the free subscriber limit, you will be subject to monthly (or annually) subscription fees. You will be required to submit payment for Services (unless you have already provided payment or means of payment, such as credit card information) and may purchase, in advance, a monthly subscription for Paid Services. Access to the eMS Services will be disabled until payment is received.

3.2 Fees will be billed monthly, quarterly, semi-annual or annually for eMS Services. The Fees are based on the your Subscriber Subscription Level. You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by BEZA.NET. The Fee Schedule, including subscriber levels and prices, is subject to change at any time in BEZA.NET discretion. BEZA.NET will attempt to notify you via email prior to the effectiveness of any change to the Fee Schedule.

3.3 Payment for Services will be made by a valid credit card accepted by BEZA.NET. Fees are payable in US dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize BEZA.NET eMS to charge your credit card for such amounts on a regular monthly basis beginning at the end of your free trial period. If BEZA.NET is for any reason unable to effect automatic payment via your credit card, BEZA.NET will attempt to notify you via email and your BEZA.NET eMS account will be disabled until payment is received. Customers who pre-pay for Services (ie quarterly, semi-annual, or annual plans) can request a refund for any un-used time except for the current month which service has already been provided for. Customers who are found to violate this agreement by sending SPAM, or not honoring their subscribers policy will have their eMS account immediately terminated and no refunds will be issued.

4. Email & Permission Practices

4.1 Every email message sent in connection with the eMS Services must contain an "unsubscribe" link that allows subscribers to remove themselves from your mailing list and a link to the then current Email Privacy Policy. Each such link must remain operational for a period of thirty (60) days after the date on which you send the message, and must be in form and substance satisfactory to BEZA.NET eMS. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link.

4.2 You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used; please contact BEZA.NET if you have questions).

4.3 If you have used the BEZA.NET eMS feature that allows you to request a recipient to confirm that you have users permission to send emails to him or her, and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send emails to that recipient.

4.4 You cannot mail to distribution lists, newsgroups, or spam email addresses. You cannot copy a BEZA.NET eMS feature or functionality from the eMS Services and use them for any purpose other than sending emails from the eMS Service.

4.5 BEZA.NET eMS will make all effort to unsubscribe returned emails using our Automated Bounce Handler. You are still responsible for monitoring, correcting, processing unsubscribe requests within 10 days which eMS Automated Bounce Handler could not process, and updating the email addresses to which messages are sent through your BEZA.NET eMS account.

4.6 Emails that you send through the eMS Service may generate abuse complaints from recipients. As a matter of privacy, BEZA.NET eMS cannot 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 abuse complaints in excess of industry norms. BEZA.NET eMS, 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.

4.7 You are responsible for complying at all times with the BEZA.NET eMS Prohibited Content and Commerce Policy.

4.8 BEZA.NET, at its own discretion, may immediately disable your access without refund to the eMS Services if BEZA.NET believes in its sole discretion that you have violated any terms of this agreement, including the BEZA.NET eMS Prohibited Content and Commerce Policy, or Email Privacy Policy.

5. Restrictions and Responsibilities

5.1 BEZA.NET eMS will not use your customer list or any other customer information for any other purposes than those intended with the eMS Service. Your customer information will not be shared with any other parties unless required by law.

5.2 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 eMS Services or any software, documentation, or data related to the eMS Services ("Software"); remove any proprietary notices or labels from the eMS Services or any Software, modify, translate, or create derivative works based on the eMS Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the eMS Services or any Software.

Unless you are an authorized BEZA.NET eMS Reseller, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the eMS Services or the Software, or any content, including but not limited to newsletters, distributed to you by BEZA.NET eMS in connection with the eMS Services. Violation of these restrictions may result in the termination of this Agreement.

5.3 The eMS Services shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the eMS Services or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the eMS Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the eMS Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.

5.4 You acknowledge and agree that the eMS Services and BEZA.NET company names and logos and all related product and service names, design marks and slogans, are the property of BEZA.NET or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of BEZA.NET. Your use of the eMS Services confers no title or ownership in the eMS Services, the Software or the Marks and is not a sale of any rights in the eMS Services, the Software or the Marks.

5.5 You represent, covenant, and warrant that you will use the eMS Services only in compliance with the Agreement, the federal CAN-SPAM law and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws). 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 BEZA.NET 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 eMS Services. In addition, you acknowledge and agree that BEZA.NET has the right to seek damages when you use the eMS 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 BEZA.NET has no obligation to monitor the content provided by you or your use of the eMS Services, BEZA.NET may do so and may remove any such content or prohibit any use of the eMS Services it believes may be (or is alleged to be) in violation of the foregoing.

5.6 The eMS 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. Furthermore, the eMS Services must not be used for purposes outlined in BEZA.NET eMS's Prohibited Content and Commerce Statement, the terms of which are incorporated into this Agreement by reference.

5.7 For every email message sent in connection with the eMS Services, you acknowledge and agree that the eMS Services may automatically add an identifying footer stating "Powered by BEZA.NET eMS" or a similar message. You agree to cooperate with and provide reasonable assistance to BEZA.NET eMS in promoting and advertising the eMS Services.

5.8 In using the varied features of the eMS Services, you may provide information (such as name, contact information, or other registration information) to BEZA.NET. BEZA.NET may use this information and any technical information about your use of the eMS Services to tailor its presentations to you, facilitate your movement through the eMS Service, or communicate separately with you. If you licensed the eMS Services as a result of solicitation by a Marketing Partner of BEZA.NET, BEZA.NET may share your information with the Marketing Partner and the Marketing Partner may share information with BEZA.NET. BEZA.NET will not provide information to companies you have not authorized for that purpose unless required by law or if you are terminated from BEZA.NET eMS due to unsolicited commercial email being sent from your BEZA.NET eMS account.

5.9 If you receive special discounts through a Marketing Partner, those discounts may not be available if you cease to continue to be a customer of the Marketing Partner, in which case BEZA.NET eMS's standard rates will apply. The Marketing Partner may notify BEZA.NET eMS of any change in your status.

6. Termination

6.1 You may terminate this Agreement at any time by contacting BEZA.NET eMS Customer Support.

6.2 BEZA.NET may terminate this Agreement or the eMS Services, disable your account or put your account in inactive status, in each case at any time with or without cause, and with or without notice. BEZA.NET shall have no liability to you or any third party because of such termination or action.

6.3 BEZA.NET 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. BEZA.NET eMS 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.

6.4 If your account is classified (at BEZA.NET sole discretion) as inactive for over 60 days, BEZA.NET eMS has the right to permanently remove your subscriber data. BEZA.NET eMS will attempt to contact you via email prior to taking any permanent removal actions.

7. Penalty of Service Terms Violation

7.1 You agree to be held liable for any and all costs incurred by BEZA Inc. as a result of any violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings.

7.2 BEZA.NET reserves the right to take any action against customers who violate service terms which may include, without limitation, direct, indirect, monetary, special, incidental, cover, reliance and/or consequential damages.

7.3 Unsolicited Bulk E-mail ("spam") cleanup will be billed at $450.00 plus $5.00 per message sent and $85.00 per complaint received by BEZA Abuse department.

7.4 BEZA.NET will bill customer at $95.00 per hour investigation fee for any personnel time spent investigating any service terms violations.

7.5 If any BEZA.NET server(s) or IP blocks are blacklisted on the Internet by any Internet Service Provider, or a third party due to a violation of service terms, you agree to pay damages of a minimum of $2,500 per day plus staff time at $95 per hour while we work to remedy the blacklisting.

7.6 If BEZA.NET staff are unsuccessful in removing the blacklisting of any BEZA.NET network, server, domain name(s), or IP address(es), customer will be held liable for damages of a minimum of $15,000.

8. Warranty Disclaimer; Remedies

USE OF the eMS Services AND ANY RELIANCE BY YOU UPON the eMS Services, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. BEZA.NET DOES NOT WARRANT THAT the eMS 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 eMS Services. the eMS Services ARE PROVIDED "AS IS" AND BEZA.NET 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 eMS Services shall be for BEZA.NET to use commercially reasonable efforts to adjust or repair the eMS Services.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL BEZA.NET 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 "BEZA.NET") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF BEZA.NET 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, BEZA.NET 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 BEZA.NET TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR the eMS 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.

10. 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 eMS 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.

11. Miscellaneous

11.1 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.

11.2 BEZA.NET 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.

11.3 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 BEZA.NET in any respect whatsoever.

11.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.

11.5 The Agreement shall be governed by the laws of the District of Columbia, 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 District of Columbia or federal courts located in Washington, DC.

11.6 BEZA.NET eMS is a trade name of BEZA, Inc., a Washington, DC corporation.

11.7 BEZA.NET reserves the right to add, delete, or modify any provision of this Acceptable Use Policy, Prohibited Content & Commerce Statement, and Privacy policy at any time without notice.

PROHIBITED CONTENT AND COMMERCE STATEMENT

BEZA.NET eMS prohibits the use of the BEZA.NET eMS service by any individual, company or site that engages in any of the following:

1. 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
   
2. Displays material that exploits children, or otherwise exploits children under 18 years of age
   
3. 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 or finance management, mortgage and debt relief offers, etc.
   
4. Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content
   
5. Posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in case of a minor)
   
6. Sells or promotes any products or services that are unlawful in the location at which the content is posted or received
   
7. Introduces viruses, worms, harmful code and/or Trojan horses on the Internet
   
8. Promotes, solicits or participates in pyramid schemes or multi-level marketing (MLM) businesses
   
9. Engages in any libelous, defamatory, scandalous, threatening, harassing activity
   
10. Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence
    
11. Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner

In addition, BEZA.NET reserves the right to prohibit the use of BEZA.NET by any company or site in its sole discretion.

As always, sending unsolicited commercial email (ie Spam) is FORBIDDEN.

This may change from time to time. Please Contact Us with any questions about whether your site can use BEZA.NET eMS.

Email Privacy Policy

We have created this email privacy policy to demonstrate our firm commitment to your privacy and the protection of your information.

Why did you receive an email from us?

If you received a mailing from us, (a) your email address is either listed with us as someone who has expressly shared this address for the purpose of receiving information in the future ("opt-in"), or (b) you have registered or purchased or otherwise have an existing relationship with us. We respect your time and attention by controlling the frequency of our mailings.

How we protect your privacy?

We use security measures to protect against the loss, misuse and alteration of data used by our system.

Sharing and Usage

We will never share, sell, or rent individual personal information with anyone without your advance permission or unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information and to contracted service providers for purposes of providing services relating to our communications with you.

How can you stop receiving email from us?

Each email sent contains an easy, automated way for you to cease receiving email from us, or to change your expressed interests. If you wish to do this, simply follow the instructions at the end of any email.

If you have received unwanted, unsolicited email sent via this system or purporting to be sent via this system, please forward a copy of that email with your comments to abuse@BEZA.NET for review.