|Terms of Service|
Welcome to CDL Email Marketing System!
By using our Services, you are agreeing to these terms. Please read them carefully. These terms of service spell out what you can expect from us, CDL Email Marketing System, and what we expect from you, the user of the CDL Email Marketing System service (the service).
Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
Using our Services
You must follow any policies made available to you within the Services.
Don’t misuse our Services. Don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not CDL Email Marketing System’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send your service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Your CDL Email Marketing System Account
You may need a CDL Email Marketing System Account in order to use some of our Services. You may create your own CDL Email Marketing System Account, or your CDL Email Marketing System Account may be assigned to you by an administrator, such as your employer. If you are using a CDL Email Marketing System Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
To protect your CDL Email Marketing System Account, keep your password confidential. You are responsible for the activity that happens on or through your CDL Email Marketing System Account. Try not to reuse your CDL Email Marketing System Account password on third-party applications. If you learn of any unauthorized use of your password or CDL Email Marketing System Account, follow these instructions.
When sending an email, your recipient must be either someone with whom you have a personal or professional relationship, or is a customer, member, or subscriber of your business or organization, or who has specifically asked to receive your emails by opting in or signing up in some way, or someone who has bought a product or service from you in the past 18 months.
We have strict rules for sending to mailing lists. The following rules must be followed when sending to a mailing list:
CDL Email Marketing System has strict rules for sending to lists that contain more than 100 email addresses. The following rules must be followed when sending to such lists:
In addition, lists must be up-to-date, and have had emails sent to them recently (within the previous 3 months). We closely monitor the percentage of bouncing email addresses and take action where necessary.
An opt-out (unsubscribe) link must be placed at the bottom of each email which will allow the recipients to immediately remove themselves from the mail list.
*Emails must not contain content related to the industries mentioned below. You must also NOT use the service to send emails that contain content related to the following industries or activities. Such emails, even if ‘opt-in’, generate a high proportion of complaints and could jeopardize our service for all of our users.
We have a strict policy against spamming. We forbid the use of the service to send unsolicited mass emails or unsolicited emails of any kind. We reserve the right to terminate your account “for cause” if we deem you to be in violation of our anti-spamming policies. We also reserve the right to suspend your account pending review upon receipt of any complaint or other evidence that you may be engaging in any spamming activity.
You must also NOT use the service to a) knowingly send emails containing viruses, worms, or any other harmful code or software, b) send defamatory, harmful, abusive, vulgar, or obscene content or material, c) send emails that are not in compliance with all applicable laws, or that do infringe upon the rights of any other party, including but not limited to copyrights, trademarks, privacy rights, moral rights, trade secrets, patents, and any other rights d) harass or send threatening content.
You must also NOT use the service in a manner that substantially reduces performance for other subscribers, send “mailbombs” or other harmful devices, or engage in activity designed to gain unauthorized access to any of our computers or information.
You must also NOT use the service to auto-forward emails originally sent by third parties. You must have full control of the content and quality of emails sent.
In the event that we deem you to be in violation of any of these policies, we shall immediately suspend your account and take further action as deemed necessary, including pursing legal action.
CDL Email Marketing System Program Policies
The policies listed below play an important role in maintaining a positive experience for everyone using CDL Email Marketing System . Be sure to check back from time to time, as these policies may change. Please also refer to CDL Email Marketing System’s Terms of Service for more information.
Spam, Malware and Phishing
Please keep CDL Email Marketing System free of spam. CDL Email Marketing System has strict rules for sending to lists addresses. The following rules must be followed when sending to such lists:
Some examples of spam or spammy behavior include:
Don’t use CDL Email Marketing System to distribute malware such as viruses, worms, defects, Trojan horses, corrupted files, or any other such items of a destructive or deceptive nature.
Don’t use CDL Email Marketing System for phishing. In other words, don’t attempt to acquire other users’ data such as passwords, financial details, and government identification numbers under false pretenses.
CDL Email Marketing System has a zero-tolerance policy against child sexual abuse imagery. If we become aware of such content, we will report it to the appropriate authorities and may take disciplinary action, including termination, against the CDL Email Marketing System Accounts of those involved.
Don’t use CDL Email Marketing System to harass others. CDL Email Marketing System may investigate and act upon harassment complaints. Online harassment is also illegal in many places and can have serious offline consequences.
Keep it legal. Don’t use CDL Email Marketing System to engage in unlawful activities.
CDL Email Marketing System may disable accounts that are found to be in violation of these policies.
ACCESS AND SERVICE
Your access to the service depends on the level of access you select. You may change or discontinue your account at any time. We reserve the right to modify, suspend, or terminate access to the service on our system at any time for any reason without notice or refund, including the right to require you to change your password. We also reserve the right to delete all program and data files associated with your account and/or other information you have on our system. For the purposes of calculating monthly email usage, an email sent to multiple recipients counts as multiple emails. For example, an email sent to 2 recipients, and CC’d to 3 other recipients, counts as 5 emails.
FEES AND PAYMENT
We will charge you a monthly or yearly fee (depending on which payment frequency you choose) for using the service. You can cancel your account at any time, but you will remain liable for all charges up to that time. We reserve the right to change our fees at any time without advance warning. We offer a completely free trial for 60 days; no refunds are offered after the 60 day trial period.
Privacy and Copyright Protection
CDL Email Marketing System’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that CDL Email Marketing System can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and CDL Email Marketing System’s policy about responding to notices.
Your Content in our Services
Our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give CDL Email Marketing System (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
If you have a CDL Email Marketing System Account, we may display your Profile name, Profile photo, and actions you take on CDL Email Marketing System or on third-party applications connected to your CDL Email Marketing System Account in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your CDL Email Marketing System Account.
About Software in our Services
CDL Email Marketing System gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by CDL Email Marketing System as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by CDL Email Marketing System, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go. CDL Email Marketing System may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
LIMITATION OF LIABILITY
WHEN PERMITTED BY LAW, CDL Email Marketing System, AND CDL Email Marketing System’s SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CDL Email Marketing System, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, CDL Email Marketing System, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
You must bear the risk of any liability relating to your use of the service. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM, YOUR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees), relating to any acts by you or materials or information transmitted by you in connection with the service, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.
DISCLAIMERS OF WARRANTY
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER CDL Email Marketing System NOR IT’S SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
AGAIN, THE SERVICE IS PROVIDED “AS IS” AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify CDL Email Marketing System and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between CDL Email Marketing System and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
CHOICE OF LAW
The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Orange County, California, USA, and you and CDL Email Marketing System consent to personal jurisdiction in those courts.
You agree that this Agreement shall for all purposes be governed by and construed in accordance with the laws of State of California, Orange County, and that any action arising out of this Agreement shall be litigated and enforced under the laws of California. In addition, you agree to submit to the jurisdiction of the courts of the California, Orange County, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the Orange County.
This Agreement represents the entire understanding between you and us regarding your relationship to us and supersedes any prior statements or representations.