Rules & Terms of Service
eNews Builder Rules and Regulations
The following standards and expectations must be met
during the term you are a subscriber to the eNews Builder service.
- We encourage you to build your eNews Builder
Newsletter in a way that promotes your business, organization, or
- It is inappropriate to put any offensive,
pornographic or hateful material, or any other material that is
inconsistent with our community, in your eNews Builder Newsletter. Note
that pornography and other certain types of content, specified in the
Terms of Service, are NOT permitted on your eNews Builder Newsletter at
- Our service can provide you with access to
content provided by other people. We cannot fully control all of the
content available from our servers. By its very nature, other people's
content may be offensive, harmful or inaccurate, and in some cases
content will be mislabeled or deceptively labeled. We expect that you
will use caution--and common sense--when using our services.
- You are, of course, welcome to publicize your
eNews Builder Newsletters, although it is forbidden (and possibly
illegal) to use unsolicited e-mail or spam to publicize your eNews
Builder Newsletter (see UCE/SPAM terms below). It is also inappropriate
to widely publicize your password if you have placed your content behind
- eNews Builder is a collaborative website
editor. If you decide to give another person editing rights for your
account, you will be taking complete responsibility for that person's
contributions to your site. Therefore, you should clarify in advance
with such people your expectations and guidelines for behavior on your
eNews Builder Newsletter. Of course, they will need to agree to and
behave in accordance with our Terms of Service as well.
- If you accept editing privileges at an eNews Builder Newsletter other than your own, you
should adhere to the guidelines established by the keeper of that eNews Builder Newsletter.
Collaboration will not succeed unless everyone works together!
- You may not connect to our service using external software or systems or through
external Web sites. Only interactive human-operated use of the software via a standard Web
browser is permitted unless you obtain written permission within a service order or
- The companion micro-site (i.e., the pages and images hosted on the Web) cannot
be used with or called from 3rd party emailing services without prior written permission.
You may not design your newsletter with eNews Builder and distribute the newsletter with
another service provider.
- If you see any violations of our Terms of Service, or if you have any problems or
concerns, please contact our Customer Support.
eNews Builder Terms of Service
THE FOLLOWING DESCRIBES THE TERMS ON WHICH WE OFFER YOU
SERVICES. BY PRESSING THE "I ACCEPT" BUTTON WHEN YOU CREATE AN ACCOUNT, YOU
ACCEPT THE TERMS AND CONDITIONS BELOW. If you do not accept these terms and conditions or
have any questions, please contact Customer Support.
We may automatically amend these Terms of Service at any time by informing you of the
amended terms either when you access your eNews Builder Newsletter or via e-mail. You accept
the amended terms if you access your eNews Builder account after such notification. Otherwise,
these Terms of Service may not be amended except in a writing signed by both parties.
- Your eNews Builder newsletter is initially
allowed 10 megabytes of disk space, and is subsequently limited by the
service plan you choose.
- Unless otherwise specified, the 15-day FREE trial offer is limited to 50 emails.
- TERM: The term of
service begins at the date a service order is signed, or billing is
initiated, and will automatically be renewed for successive terms unless
cancellation notice is given according to the Cancellation Policy (see
- PAYMENT TERMS:
After your FREE trial, should you continue to use the service, you agree
and promise to pay all applicable fees. All payments for charges will be
made in U.S. Dollars. Monthly and/or Quarterly charges shall be invoiced
to Customer in advance at the beginning of the period. Any additional
usage charges will be invoiced in arrears. In all cases, payments for
services are due within thirty (30) days of the invoice date. Amounts
that are not paid in full within thirty (30) days of the invoice date
will be subject to interest charges of the lesser of one and one-half
percent (1.5%) per month or the highest amount permitted by law, which
interest shall accrue daily. If Customer does not provide written notice
of a dispute with respect to charges or taxes within six (6) months of
the date of an invoice, such invoice shall be deemed correct and binding
on Customer. In the event Customer fails to pay an invoice within 30
days of invoice date, eNews Builder may issue a notice of default and
may discontinue services in the event Customer has not fully paid all
invoices within seven (7) days of the default notice.
- CANCELLATION POLICY: Client must provide eNews Builder with a forty five (45) day notice
of cancellation in email form. The email must state the account name, date and reason for
cancellation and be sent to support@eNewsBuilder.com.
If eNews Builder does not receive written notification of cancellation
or client does not receive emailed acknowledgement of cancellation, the
client is responsible for each billing period until such written notice
- UCE/SPAM POLICY:
When supplying email lists, you are required to only use the email
addresses of people who you have a pre-existing business or personal
relationship with you or who have indicated their desire to receive
email communications from you ("opt-in"). In addition, you must not
prevent a Newsletter subscriber from automatically removing themselves
from your list. The built-in subscription management tools tied to your
Newsletter should not be circumvented in any way.
content (articles, images, and email addresses) the client enters into
the eNews Builder publishing system are stored in a private and secure
fashion, and will not be used by eNews Builder for any other purpose
other than for the client's own use. See http://www.enewsbuilder.com/privacy_policy.cfm for full
- You are responsible for paying all applicable
taxes and for all hardware, software, service and other costs you incur
to access your eNews Builder account and our servers. We may add, delete
or change some or all of the services provided at any time in our sole
- You shall comply with all laws and regulations
applicable to your use of your eNews Builder account.
- We may terminate your eNews Builder account
immediately if you breach these Terms of Service or if we are unable to
verify or authenticate any information you provide to us. We may also
terminate your eNews Builder account if we decide, in our sole
discretion, to discontinue offering you our services. Following
termination, we may remove some or all of your content from our servers
or elect to retain it, at our sole option.
- Although privacy issues are very important to
us, given the current regulatory and technical environment you should
not have an expectation of privacy in your eNews Builder account or any
content or information associated with it. By way of example (without
limiting the foregoing), we may be forced to disclose information to the
government or third parties under certain circumstances, or third
parties may unlawfully intercept your private communications. We cannot
ensure that all private communications or information associated with
your eNews Builder Newsletter will remain private.
- WE AND OUR SUPPLIERS PROVIDE OUR SERVICES AND
YOUR eNews Builder NEWSLETTER "AS IS" AND WITHOUT ANY WARRANTY OR
CONDITION OF ANY KIND, EXPRESS OR IMPLIED. Some states do not allow the
disclaimer of implied warranties, so the foregoing disclaimer may not
apply to you. This warranty gives you specific legal rights and you may
also have other legal rights which vary from state to state.
- IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE
FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION
WITH YOUR eNews Builder NEWSLETTER OR THESE TERMS OF SERVICE. OUR
LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO $50. Some states do
not allow the limitation of liability, so the foregoing limitation may
not apply to you.
- With respect to content on your eNews Builder Newsletter:
- 8.1 You are responsible for all content
displayed on pages within your eNews Builder Newsletter, including
content provided by you or by any person that you give editing rights
to. However, we reserve the right to take any action with respect to
your content if we believe it may create liability for us or may cause
us to lose (in whole or in part) the services of our ISPs or other
- 8.2 The content distributed through your
eNews Builder Newsletter: (a) shall not infringe any third party's
copyright, patent, trademark, trade secret or other proprietary rights
or rights of publicity or privacy; (b) shall not violate any law,
statute, ordinance or regulation (including without limitation the
laws and regulations governing export control, unfair competition,
antidiscrimination or false advertising); (c) shall not be defamatory,
trade libelous, unlawfully threatening or unlawfully harassing; (d)
shall not be obscene, contain pornography of any type, or contain
child pornography; and (e) shall not contain any viruses, trojan
horses, worms, time bombs, cancelbots or other computer programming
routines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal
information. You may not take any action which imposes an unreasonable
or disproportionately large load on our infrastructure.
- 8.3 We believe in each person's right to
express themselves, but sometimes the words you want to speak will be
inappropriate for the community at large. From time to time, we may
ask you to place some or all of your content behind password
protection if we believe such content is inappropriate for the
community at large (unless they violate Section 8.2, in which case
they should not be on our system at all). If we ask you to place your
content behind password protection and you fail to do so promptly, we
at our sole option may choose to (a) place such content behind
password protection ourselves, or (b) terminate these Terms of Service
and your eNews Builder account. Furthermore, in cases where we have
asked you to place content behind password protection or the content
otherwise appropriately belongs behind password protection, you may
not publish your password in such a way that negates the limited
access nature of the password protected site.
- 8.4 Solely for the purposes of displaying your eNews Builder Newsletter on the Internet (at
your private URL), you hereby grant to us the right to exercise appropriate intellectual
property rights with respect to any content you place on your eNews Builder Newsletter.
- 8.5 You may not use content hosted by eNews Builder with any other email service provider
unless prior written permission has been obtained.
- These Terms of Service shall be governed in all
respects by the laws of the State of Texas as such laws are applied to
agreements entered into and to be performed entirely within Texas
between Texas residents. Both parties submit to jurisdiction in Texas
and further agree that any cause of action arising under these Terms of
Service shall be brought in a court in Dallas, Texas. We do not
guarantee continuous, uninterrupted or secure service, and we are not
liable if you are unable to access your eNews Builder account or our
services. If any provision of these Terms of Service is held to be
invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. Our failure to act with respect
to a breach by you or others does not waive our right to act with
respect to subsequent or similar breaches. You may not assign or
transfer these Terms of Service or your rights in your eNews Builder
account, and any attempt to the contrary is void. These Terms of Service
sets forth the entire understanding and agreement between us with
respect to the subject matter hereof.
- The services hereunder are offered either originally or through private label as
eNews Builder, located at 5930 Royal Lane, Suite 321, Dallas, TX 75230. eNews Builder's phone number is (214) 891-1839. If you are a Texas resident, you may
have this same information e-mailed to you by sending a letter to the foregoing address
with your e-mail address and a request for this information. Fees for services are
described in the product information section of our website.
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