Terms & Conditions
All list owners must agree to and abide by these Terms and Conditions:
Email List Service License Agreement
IMPORTANT–READ THESE TERMS CAREFULLY BEFORE USING THIS SOFTWARE (“iPressGo”). BY SELECTING THE “CREATE ACCOUNT” BUTTON AND BY USING IPRESSGO, YOU ACKNOWLEGE THAT YOU HAVE READ THIS EMAIL LIST SERVICE LICENSE AGREEMENT (“AGREEMENT”), THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT SETTING UP AN ACCOUNT.
The technology for this email list management service (“iPressGo”) is provided by EXT Creative, Inc. (“EXT”) and is furnished “as is” under this Agreement for the fees specified in the current rate schedule. You must read this Agreement and agree to its terms before you use iPressGo.
1.2 Modification of This License Agreement
iPressGo and any associated Documentation are and shall remain the sole and exclusive property of EXT Creative, and is copyrighted and licensed, not sold.
You may not: 1) use or copy iPressGo, or the Documentation except as provided in this Agreement; 2) modify or merge iPressGo or the Documentation; 3) publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on iPressGo, the Documentation or any part thereof, or otherwise make available, the Documentation, in whole or in part, to any other person or entity; 4) remove, obliterate, or cancel from view any copyright, trademark, confidentiality or other proprietary notice, mark, or legend appearing on iPressGo or the Documentation; 6) reverse engineer, decompile, translate, adapt, or dissemble iPressGo, nor shall you attempt to create the source code from the object code for iPressGo; or 7) sublicense or assign the license for iPressGo or the Documentation.
You must include subscribe/unsubscribe information provided by iPressGo in each email you send using iPressGo. You must also honor in a timely manner all unsubscribe requests sent directly to you from those who elected not to use iPressGo’s automated subscribe/unsubscribe features, regardless of how harsh or unpleasant the unsubscribe request may be.
You may not use iPressGo to:
- send unsolicited emails (a.k.a., “Spam”) to anyone without their permission;
- send unsolicited emails to email addresses obtained from any purchased or harvested email lists in which the recipient did not expressly request to receive your emails;
- send emails that harass, embarrass, defame, abuse, threaten, are libelous or slanderous, or otherwise violate the legal rights of any individual, group, or organization;
- send emails that contain or link to pornographic or sexually explicit content, racially or ethnically objectionable content, content that directly or indirectly promotes the use of any illegal substances, content that violates laws or regulations designed to protect minors, or other content deemed to be offensive or inappropriate by iPressGo;
- send email that contains copyrighted material, including text, graphics (including trademarked material), software or other material protected by intellectual property law, for which you do not have authorization to reproduce, publish, or otherwise distribute;
- send email that contains a computer virus or other code or files that could damage, harm, or otherwise disrupt the operation of anyone else’s computer or storage device, or violate the privacy or security of any individual, group, or organization;
- perform or promote illegal activities such as starting or forwarding chain letters, illegal contests or promotions, or any other activity that is illegal;
- impersonate, use the name of (without expressed permission), or misrepresent any individual, group, or organization;
- violate any applicable governmental laws or regulations or perform any activity that would cause iPressGo to violate any law, statute or regulation.
You acknowledge that iPressGo contains valuable trade secrets of iPressGo and you agree to maintain the confidentiality of iPressGo using at least the same degree of care you use with your own confidential information.
You acknowledge that upon your breach of Sections 2.3 or 2.4, iPressGo shall be entitled to equitable relief to protect its interests, including preliminary and permanent injunctive relief and you further agree to waive any right or claim to which you may be entitled to immunity or exemption from liability. iPressGo may also seek damages as a result of such breach.
This Agreement is effective from the date you create an account on iPressGo and shall continue for an indefinite period of time unless or until the account is terminated either by you or by iPressGo. IPRESSGO MAY CONTAIN A DISABLING DEVICE THAT WILL PREVENT IT FROM BEING USED UPON TERMINATION OF THIS AGREEMENT OR UPON INVESTIGATION OF SPAM COMPLAINTS, QUESTIONABLE ADDRESS IMPORTS, OR UNDELIVERABLE ADDRESS ISSUES RELATED TO YOUR ACCOUNT(S). YOU WILL NOT TAMPER WITH THIS DISABLING DEVICE OR THE PROGRAM. YOU SHOULD TAKE PRECAUTIONS TO AVOID ANY LOSS OF DATA THAT MIGHT RESULT WHEN THE PROGRAM CAN NO LONGER BE USED. iPressGo may terminate this Agreement immediately if: i) you fail to comply with the terms of this Agreement, ii) your account is dormant for a period of 90 consecutive days, iii) the iPressGo service is discontinued, iv) you have an overdue balance for any non-free services or products purchased on or through iPressGo.com, v) you fail to follow industry best practices as outlined on iPressGo’s web site or through the iPressGo Support team, or vi) iPressGo receives spam complaints, excessive email transmission failures, or other related issues regarding your mailings or email list(s). If we do so, you must immediately stop using iPressGo and associated Documentation, including sample documents provided within iPressGo, and all copies you made of them.
You agree to reimburse iPressGo for any fees incurred by iPressGo in collecting your payment, such as, but not limited to, bad check processing fees, credit card chargeback fees, and attorney fees. You are responsible for ensuring that your payments are made on time. Unpaid balances shall be subject to a 1.5% monthly interest fee. You may pay by check or, subject to iPressGo reseller agreements, set your account to allow iPressGo to charge your credit or debit card automatically every month to collect your payments. If iPressGo is unable to collect the payment by the payment due date (typically your monthly billing date) for any reason, you agree to pay the unpaid amount within thirty (30) days of the payment due date. If payment is not made within forty-five (45) days of due date, your account will be terminated and shall have its data removed, including all reports and email addresses stored within the account.
By creating an account with iPressGo, you will be subscribed to our email newsletter. Your email address will not be shared with anyone else. You may opt-out of our email newsletter list by using the “Unsubscribe” link at the bottom of the emails you receive. These emails are separate from our service emails, which relate specifically to issues with your account. To be removed from our service emails, you may cancel your service by clicking the “Cancel” link in our Billing section or by contacting us directly.
iPressGo may have errors and may produce unexpected results. You agree that any use of iPressGo will be entirely at your own risk. You agree to backup data and take other appropriate measures to protect programs and data. You may not allow a third party to use your iPressGo account and agree to indemnify and hold iPressGo harmless from any damages or claims arising from such use by any third party.
2.9. “No Spam” and Privacy Policies
2.10. Use of Embedded Templates, Content and Images
Use of templates, content and images provided in iPressGo now or in the future shall be subject to their own Use and Disclaimer notices.
iPressGo Embedded Content (“CONTENT”) shall mean all content such as, but not limited to, articles, summaries, lists, guides, white papers, illustrations, diagrams, documents, podcasts, music or other audio recordings, videos, social media posts, streaming content or any other material that is created or owned by iPressGo and is embedded within any iPressGo product or service.
PARTNER Embedded Content (“PARTNER CONTENT”) shall mean all content such as, but not limited to, articles, lists, guides, white papers, illustrations, diagrams, documents, podcasts, music or other audio recordings, videos, social media posts, streaming content or any other material that is owned by a iPressGo partner or third-party source and is embedded within any iPressGo product or service. PARTNER CONTENT may be organized in a section containing third-party source or partner’s name within iPressGo’s products or services.
iPressGo hereby grants you a non-exclusive, limited license to use CONTENT and PARTNER CONTENT subject to the following terms and conditions:
- All CONTENT shall remain the exclusive intellectual property of iPressGo and is subject to U.S. and International Copyright Laws. All PARTNER CONTENT shall remain the exclusive intellectual property of its respective copyright holders and is subject to U.S. and International Copyright Laws. You may not claim or copyright any content that iPressGo provides, or derivative works based on any modifications you make, as your own original work.
- Subject to the usage limitations of the service level you select as displayed on the appropriate Pricing web pages or related marketing material, you may select CONTENT and/or PARTNER CONTENT that is embedded within iPressGo’s content products and services to use within the iPressGo hosted blog pages, email newsletters, alerts, or automated email campaigns you create using iPressGo.
- You may edit CONTENT only if you are provided with an “Edit” button option to do so within iPressGo. All edits may be stored within iPressGo for an unspecified period of time. All edits that you make shall be subject to review and may be removed or altered based on the sole discretion of iPressGo. You may not be notified if iPressGo removes or alters any CONTENT that you edit. PARTNER CONTENT may or may not be editable based on what the copyright holder allows. If you are not able to edit the PARTNER CONTENT within iPressGo directly, then the copyright holder of such content does not allow edits to be made. Content, including images, for iPressGo’s service that is obtained from third-party sources may not be embedded on your website unless you obtain permission from original source directly.
- You MAY post links to your iPressGo hosted blog pages and email newsletters and alerts on social media sites to direct web site visitors to your iPressGo hosted blog pages to read the CONTENT or PARTNER CONTENT in its entirety.
- You MAY NOT sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute CONTENT to any other individual or entity for commercial or non-commercial purposes; use or display the Content in an electronic format that enables it to be downloaded or shared in any peer-to-peer or similar file sharing arrangement; or remove or modify any notice of copyright, authorship, trademark or other proprietary right, or any other copyright management information or metadata, from any place where it is on or embedded in the CONTENT or PARTNER CONTENT. Unless you obtain written permission from iPressGo, you MAY NOT use, copy or store CONTENT, including any edited versions you have made, with any non-iPressGo service or tool, including but not limited to any other email, newsletter, blog, audio or video, electronic or print publication or document, brochure, live or recorded streaming, webinar, social media, article repository, or other content hosting or content delivery service or tool, except when an integration option for a specific non-iPressGo service or tool is offered within iPressGo.
- The CONTENT is only licensed to you for as long as you are a paying iPressGo customer. Upon termination of your iPressGo account, you agree to discontinue use of all CONTENT, including any edited versions you have made.
- All images provided with CONTENT or PARTNER CONTENT are only for 1) the email newsletters or alerts that are created within iPressGo’s software from CONTENT or PARTNER CONTENT which embeds an image automatically, and 2) iPressGo hosted blog posts created and hosted by iPressGo that embed images automatically. You may not use the images we provide within iPressGo for any purpose outside the scope described herein, including any use of the image in any email broadcasts, social media site, web site, blog, document, or other purpose, unless you obtain a license for use of the image directly from the image’s copyright holder. If you do not wish to use an image that is automatically embedded within the CONTENT or PARTNER CONTENT, you may click the “REMOVE” button within iPressGo, if available for that particular newsletter or alert, to remove the image from being included automatically. You may also upload other images to iPressGo for use within your email newsletters, alerts, campaigns and iPressGo hosted blog provided that you have obtained the appropriate license to use the image. iPressGo shall not be responsible for and you agree to indemnify and hold iPressGo, its content partners and third-party content sources harmless for your use of any image for which you have not obtained the proper license.
- USE OR RELIANCE UPON ALL TEMPLATES, CONTENT AND PARTNER CONTENT, AND IMAGES PROVIDED HEREIN IS AT YOUR OWN RISK. NEITHER IPRESSGO NOR ITS CONTENT SOURCES MAKES ANY WARRANTY OF ANY KIND AS TO THE ACCURACY, COMPLETENESS OR APPROPRIATENESS OF THE MATERIAL AND CONTENT PROVIDED, AS DEVELOPMENTS AND INDUSTRIES ARE CONSTANTLY EVOLVING. NO ASSURANCE CAN BE GIVEN THAT THE CONTENT WILL INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL OR THAT ANY RECOMMENDATIONS ARE, IN FACT, BEST PRACTICES.
2.11 Use of and Participation in Online Communities and Social Media
Our social media pages, including but not limited to our Facebook, Twitter, YouTube, LinkedIn and Slideshare pages, serve as an open forum in which you are encouraged to comment, participate in discussions, solicit advice, and provide support to others. Please refer to each social media site’s policies regarding the information they collect when visiting our social media pages.
We ask that you refrain from the following actions as they may result in removal of members or comments from our social media communities:
- Use of inflammatory or vulgar language
- Personal attacks, harassment, or abusive behavior
- Solicitations for business
- Continued posting of repetitive or copyrighted content (links to copyrighted material hosted on the original source’s site, such as news posts, are acceptable)
DISCLAIMER OF WARRANTIES AND REMEDIES
3.1 Disclaimer of Warranty.
IPRESSGO IS PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, IPRESSGO DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IPRESSGO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN IPRESSGO WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT IPRESSGO WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN IPRESSGO WILL BE CORRECTED, OR THAT IPRESSGO IS COMPATIBLE WITH ANY PARTICULAR PLATFORM.
USE OR RELIANCE UPON CONTENT IS AT YOUR OWN RISK. COMPANY OR IPRESSGO MAKES NO WARRANTY OF ANY KIND AS TO THE ACCURACY, COMPLETENESS OR APPROPRIATENESS OF ITS CONTENT, AS DEVELOPMENTS AND INDUSTRIES ARE CONSTANTLY EVOLVING. NO ASSURANCE CAN BE GIVEN THAT THE CONTENT WILL INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL OR THAT ANY RECOMMENDATIONS ARE, IN FACT, BEST PRACTICES.
If you receive a claim that the use of iPressGo infringes a patent, copyright or other intellectual property right, you must promptly notify iPressGo in writing. iPressGo, at its own expense and option, may (i) defend and settle such claim, (ii) procure you the right to use iPressGo, (iii) modify or replace iPressGo to avoid infringement; or (iv) refund the license fees you paid, if applicable. These are your sole and exclusive remedies for any and all claims you may have against iPressGo arising out of or in connection with iPressGo, whether made or suffered by you or another person and whether based in contract or tort.
3.2 Limitations of Liability.
IN NO EVENT WILL IPRESSGO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE IPRESSGO , OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF IPRESSGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.1. Rights in Data.
You hereby assign to iPressGo all right, title, and interest (including ownership of copyright) in any suggestions or comments related to your use of iPressGo or the Documentation you provide to iPressGo. If iPressGo requires it, you will sign an appropriate document to assign such rights.
You will ensure that anyone in your organization or affiliated entities who uses iPressGo (accessed either locally or remotely) does so only for your authorized use and complies with the terms of this Agreement.
4.3 Technical Support.
iPressGo will not provide program services or technical support except as indicated on the Features list, which may change at any time.
iPressGo may assign or otherwise transfer this Agreement to any entity as part of the sale of any portion of its business, or pursuant to any merger, consolidation, reorganization or recapitalization.
This license and the rights granted under this Agreement may not be transferred or assigned by you or your company. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of California, United States of America without regard to its principles of conflict of laws. The parties consent to the jurisdiction of the courts of the State of California and the federal courts located within the State of California, and any disputes shall be litigated solely in those courts. If any clause, sentence or other provision of this Agreement is held to be illegal, invalid or unenforceable, the remaining clause, sentence, or other provisions shall remain in full force and effect. iPressGo shall not be liable for failures due to causes beyond their control, including, but not limited to, acts of God, acts of government, fire, flood, strikes, or acts or omissions of carriers. You warrant that you will comply with all applicable laws and regulations that relate to the performance of this Agreement.
THIS AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF AMERICA OF IPRESSGO OR INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA. YOU SHALL NOT EXPORT IPRESSGO , THE DOCUMENTATION, OR INFORMATION ABOUT IPRESSGO , AND THE DOCUMENTATION WITHOUT CONSENT OF IPRESSGO AND COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS.
Any waiver by either party of any default or breach hereunder shall not constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or a different kind. This Agreement constitutes the entire Agreement, supersedes all prior agreements, and changes are only effective when in writing and signed by both parties.
5.2 Government Sales.
iPressGo, and the Documentation are provided with RESTRICTED RIGHTS. The use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs of (c)(1) and (2) of the Commercial Computer Software — Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
Contractor/manufacturer is EXT Creative, 3941 Park Drive Suite 20-539
El Dorado Hills, CA 95762 USA. All rights not specifically granted in this statement are reserved by iPressGo.