These terms and conditions apply if you purchase email marketing services from Sav, LLC (“Sav”). This Email Marketing Services Agreement ("Agreement") sets forth the terms and conditions for the use of this website (the “Site”) and of our email marketing services (individually and collectively, the “Services”).
"You", "your", and “user” any individual or entity who accepts this Agreement, has access to your account or uses the Services. "We", "us" and "our" refer collectively to Sav.
By using the Site and Services, you agree to all terms and conditions of this Agreement, which incorporates by reference Sav’s Universal Terms of Service Agreement.
Sav reserves the right, upon notice to you, to modify any provisions of this Agreement and any policies or service agreements governing your use of the Site or Services at any time at our discretion and without liability to you. Modifications to this Agreement are effective immediately upon posting the modified Agreement and notifying you via email to the address you have supplied us, and/or via notice and acceptance through our Site. After such changes or modifications have been made, your continued use of the Site or Services constitutes your agreement to be bound by this Agreement as last revised.
If you do not agree to the modifications or to any applicable policies or guidelines on the Services, you must stop using the Site or Services. If you have purchased Services from us, the terms and conditions of this Agreement shall continue in full force and effect, including any changes made to this Agreement, as long as you take advantage of and use the Services. In such event, you may terminate this Agreement at any time by providing us with notice by email. Notice of your termination will be effective on receipt and processing by us, but is subject to your having paid in full any and all fees or other expenses due and payable by you to us. Any fees paid by you if you terminate the Agreement are nonrefundable, but you will not incur any additional fees unless they are owed to us for any services you ordered that are in unpaid status.
Sav’s email marketing service enables users to sign up website visitors, collect and store customer and visitor subscription information, and build and conduct email communications with their contacts.
The Services are provided on a subscription basis and prices are subject to change at any time.
Sav makes no guarantee that HTML messages will be rendered properly or consistently on all recipients' email programs, due to the wide variety of HTML generation tools available.
Sav has a zero-tolerance spam policy. You may not, therefore, utilize the Services to send unsolicited email messages, i.e."spam". Sav may, in its sole and absolute discretion, terminate or cancel your use of the Services, if we believe in our sole discretion, that such Services are being used to transmit and/or are otherwise connected with any spam or other unsolicited bulk email activity. With or without notice to you, we reserve the right to take any and all measures (whether legal, technical or otherwise) to prevent unsolicited bulk email and/or other unauthorized email, messages or campaigns from entering, utilizing or remaining within our network. You understand that you are not entitled to a refund if your Services are terminated in connection to spam, other unsolicited bulk email activity and/or in connection with any other prohibited or illegal uses.
All messages sent by you via the Services shall be in compliance with the terms of this Agreement and shall only be for lawful purposes in compliance with all other applicable U.S., state, local and international laws governing your business, operations and activities, which may include (1) the U.S.’ CAN-SPAM Act of 2003 (“CAN-SPAM”), (2) Canada's Anti-Spam Legislation (“CASL”), and/or (3) any other jurisdictions’ policies and laws related to unsolicited emails, spamming, privacy, obscenity, or defamation, copyright and trademark infringement, child protective email address registry laws, laws relating to advertising, sales or promotional efforts or practices, redemption, refunds and provision of your products or services and laws that govern false, unfair and deceptive practices, etc.
You may only use the Services to send emails to contacts who have expressly “opted-in” (confirmed that they wish to receive such messages) or otherwise given you lawful permission to send emails to them. You must be able to provide opt-in verification for each contact for each email marketing campaign.
Sav expressly prohibits the use of third-party, purchased, rented, or harvested mailing lists. You agree that you will not send emails (i) to newsgroups, message boards, distribution lists, or unsolicited email addresses, or (ii) to any recipient who has opted-out, unsubscribed, or otherwise objected to receiving such emails from you or another party on whose behalf you are utilizing the Services. To the extent the Services include features that allow you to request a recipient to confirm that you have the recipient's permission to send messages to such recipient (assuming such use is permitted by laws applicable to you), and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send messages to that recipient.
You are solely responsible for ensuring that the content you include in any email sent via the Service is accurate. You represent and warrant that the information you use in any email marketing campaign sent via the Service is not false, deceptive, or misleading. You further agree (1) to include a valid and correct physical address and other contact information required by applicable law (e.g., secondary contact, such as a phone number, as required under CASL), (2) to provide a valid, accurate and non-deceptive identification of your organization in the “from” and “reply to” address in every email as the sole person sending or causing to be sent the email using our Services and (3) to ensure the "subject" line of any message sent is not deceptive or misleading with respect to the subject matter of the email message itself.
Commercial email messages sent via the Services will automatically include an "unsubscribe" link. You agree not to remove or disable this link. You must honor all opt-out requests within five (5) business days of receipt and the opt-out method used must be able to process opt-out requests for a minimum of sixty (60) days after the email is sent. As a condition of honoring an unsubscribe request, you cannot (1) charge a fee, (2) require the recipient to give you any personally identifying information beyond an the email address where the communication was sent, or (3) require the recipient take any step other than sending a reply email or visiting a single page on an Internet website.
You shall not use the Services to request, collect or send any non-public or personally identifiable information about any other person without their express prior written consent (or the parent’s consent in the case of a minor), illegal information, or any other information you do not have the right to request, collect or distribute.
You are prohibited from using the Services to send email campaigns that link to or display pornography, other sexually explicit content, illegal goods or services, information concerning pyramid schemes, chain letters, multi-level marketing campaigns, affiliate and network marketing materials, or any other content we deem inappropriate.
In order to maintain a high deliverability rate for all of its users, Sav does not offer the Services to users in certain industries due to the known rates of abuse in such industries. Accordingly, Sav does not provide this Service for users who are associated with and/or distribute content concerning:
It is the responsibility of the user to ensure that email messages comply with the above guidelines. Sav may monitor your account to ensure compliance with these terms and operations within the acceptable standards of the industry and of the email providers to whom you are sending email.
You expressly agree and acknowledge that, except as modified by this Agreement, your use of the Services is subject to the entirety of our Universal Terms of Service, and specifically those sections governing Sav’s Limitation of Liability and your obligations of Indemnification arising from or relating to your use of the Services.