SOFTWARE SERVICE AGREEMENT
SEP Networks provides individuals and organizations a variety of tools and resources to collect email addresses and to create, launch, and manage online campaigns. The following are the terms and conditions for use of the Services.
By clicking the 'I have read and agree to the Service Agreement’ button on the login page or by logging into NetGen or any other SEP domain of managed domain, you accept these terms and conditions.
All services provided by SEP Networks may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless SEP Networks from any claims resulting from the use of the service which damages the subscriber or any other parties.
Services and Support
The Services are provided subject to this Service Agreement, as it may be amended by SEP Networks, and any guidelines, rules or operating policies that SEP Networks may establish and post from time to time (the "Service Agreement"), including without limitation SEP Networks Email Privacy Policy, as linked from all email generated from NetGen or otherwise furnished to you (the "Policy") (unless otherwise stated, all references to the Service Agreement shall include the Policy). By posting updated versions of the Service Agreement, or otherwise providing notice to you, SEP Networks may modify the terms of the Service 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 Service Agreement.
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.
Email, Image Hosting & Permission Practices
Each email message sent in connection with the Services contains an "unsubscribe" link that allows subscribers to remove themselves from your mailing list and a link to the then current Email Privacy Policy. Each link must remain operational for a period of thirty (30) days after the date on which you send the message, and must be in form and substance satisfactory to SEP Networks. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link.
You agree to import, access or otherwise use only permission-based emails (note: purchased lists may not be used; please contact SEP Networks if you have questions).
You cannot mail to distribution lists, newsgroups, or spam email addresses. You cannot copy a SEP Networks template or any other features or functionality from the Services and use them for any purpose other than sending emails from the Service.
Emails that you send through the Service may generate abuse complaints from recipients. As a matter of privacy, SEP Networks 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. SEP Networks, 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.
Images hosted by SEP Networks may only be used in connection with the Service and for no other purpose whatsoever.
You are responsible for complying at all times with the SEP Networks Prohibited Content and Commerce Policy.
SEP Networks, at its own discretion, may immediately disable your access without refund to the Services if SEP Networks believes in its sole discretion that you have violated any of the email and permission practices listed above, or the SEP Networks Prohibited Content and Commerce Policy.
Restrictions and Responsibilities
SEP Networks will not use your customer list or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties unless required by law.
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.
Unless you are an authorized SEP Networks Reseller, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Services or the Software, or any content, including but not limited to newsletters, distributed to you by SEP Networks in connection with the Services. Violation of these restrictions may result in the termination of this Agreement.
You acknowledge and agree that the Services and the SEP Networks company names and logos and all related product and service names, design marks and slogans, are the property of SEP Networks 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 SEP Networks. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks.
You represent, covenant, and warrant that you will use the Services only in compliance with the 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 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 SEP Networks and its business partners, third-party suppliers and providers, licensers, 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 SEP Networks 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 SEP Networks has no obligation to monitor the content provided by you or your use of the Services, SEP Networks 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.
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. Furthermore, the Services must not be used for purposes outlined in SEP Networks Prohibited Content and Commerce Statement, the terms of which are incorporated into this Agreement by reference.
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 SEP Networks" or a similar message. You agree to cooperate with and provide reasonable assistance to SEP Networks in promoting and advertising the Services.
In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to SEP Networks. SEP Networks may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. If you licensed the Services as a result of solicitation by a Marketing Partner of SEP Networks, SEP Networks may share your information with the Marketing Partner and the Marketing Partner may share information with SEP Networks. SEP Networks will not provide information to companies you have not authorized for that purpose unless required by law or if you are terminated from SEP Networks due to unsolicited commercial email being sent from your SEP Networks account.
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 SEP Networks standard rates will apply. The Marketing Partner may notify SEP Networks of any change in your status.
Termination
SEP Networks 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. SEP Networks shall have no liability to you or any third party because of such termination or action.
SEP Networks may delete any of your archived data within 30 days after the date of termination. 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.
If your account is classified (at SEP Networks sole discretion) as inactive for over 120 days, SEP Networks has the right to permanently remove your subscriber data.
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. SEP NETWORKS 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 SEP NETWORKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for SEP Networks 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 SEP NETWORKS OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSERS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "SEP NETWORKS") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF SEP NETWORKS 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, SEP NETWORKS 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 SEP NETWORKS 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.
Miscellaneous
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.
SEP Networks 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.
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 SEP Networks in any respect whatsoever.
In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
The Agreement shall be governed by the laws of Arizona, USA without regard to its choice or law or conflict of law’s provisions. All legal actions in connection with the Service Agreement shall be brought in the state or federal courts located in Phoenix, Arizona.
SEP Networks is a trade name of ConFusion LLC, an Arizona corporation.
SEP NETWORKS® ANTI-SPAM POLICY
SEP Networks has a no tolerance spam policy. SEP Networks customer support actively monitors large import lists and emails going to a large number of subscribers. Any customer found to be using SEP Networks for spam will be immediately cut-off from use of the product. If you know of or suspect any violators, please notify us immediately at
support@sepnetworks.com.
Every email contains a mandatory unsubscribe link - those individuals who try to remove this link will be warned that they are doing so, and if the link is removed or de-activated in any way, SEP Networks will terminate the customer account.
What is Spam?
Spam is unsolicited email also known as UCE (Unsolicited Commercial Email). By sending email to only to those who have requested to receive it, you are following accepted permission-based email guidelines.
What constitutes a Preexisting business relationship?
The recipient of your email has made a purchase, requested information, responded to a questionnaire or a survey, or had offline contact with you.
What constitutes consent?
The recipient of your email has been clearly and fully notified of the collection and use of his email address and has consented prior to such collection and use. This is often called informed consent.
Isn't there a law against sending Spam?
The federal anti-spam law went into effect on January 1st, 2004 and preempts all state laws. While this new law will not stop spam, it does make most spam illegal and ultimately less attractive to spammers. The law is specific about requirements to send commercial email and empowers the federal government to enforce the law. The penalties can include a fine and/or imprisonment for up to 5 years.
How SEP Networks protects you from sending spam
SEP Networks is a permission-based email-marketing tool that follows the strictest permission-based philosophies:
1. Communication - Your Network Generator registration page already states why you are collecting the site visitor's email address, how you plan to use their address, and that you are following the embedded privacy policy. Additionally, by accepting our Service Agreement you have agreed to use only permission-based lists and never to sell or rent your lists
2. Unsubscribe - Every email generated from Network Generator contains an unsubscribe link which allows your subscribers to opt-out of future email campaigns and automatically updates your subscriber lists to avoid the chance of sending unwanted emails to visitors who have unsubscribed
3. Identification - Your email header information is correct because it is pre-set for you by SEP Networks. Your email campaign's "From" address is verified and already accurately identifies you as the sender
How to protect yourself from Spam: Take the Spam Test
1. Are you importing a purchased list of ANY kind?
2. Are you sending to non-specific addresses such as: osales@domain.com, business@domain.com, webmaster@domain.com, info@domain.com, or other general addresses?
3. Are you sending to distribution lists or mailing lists which send indirectly to a variety of email addresses?
4. Are you mailing to anyone who has not explicitly agreed to join your mailing list?
5. Have you falsified your originating address or transmission path information?
6. Have you used a third party email address or domain name without their permission?
7. Does your emails subject line contain false or misleading information?
8. Does your email fail to provide a working link to unsubscribe?
If you have answered YES to ANY of the above questions you will likely be labeled a SPAMMER. For more information visit The Coalition Against Unsolicited Email (www.cauce.org).
Email Privacy Policy
SEP Networks has 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.
Sharing and Usage
SEP Networks 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.
SEP NETWORKS PROHIBITED CONTENT AND COMMERCE STATEMENT
SEP Networks prohibits the use of the Network Generator service by any 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 18 years or under
3. Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as credit or finance management, mortgage and debt relief offers, DJ/nightclub, event/club promotions/party lists, odds making, and
betting/gambling services
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 parent’s 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. 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
9. Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner
In addition, SEP Networks reserves the right to prohibit the use of Network Generator by any company or site in its sole discretion