Legal Documents

Terms of Use Effective as of August, 2012 Welcome to SendUser! We hope that you will enjoy our email marketing online services that will, among other things, enable you to collect visitor email addresses and to create, launch, and manage online email campaigns (ÒervicesÓ. These terms of use (Òerms of UseÓ are a legal agreement between (i) SendUser Inc. (ÒeÓ ÒsÓor ÒurÓ and (ii) you (corporation, organization or other legal entity) (ÒrganizationÓ and each of the individuals (e.g., employees or consultants) acting on your behalf (the Organization and the individuals, collectively ÒouÓor ÒourÓ, setting forth, among other things, the terms and conditions for the provision of the Services by SendUser to you. The Services are available through the following address: Agreement; Amendments to the Terms of Use Agreement. By accessing and using the Services, you accept and agree to the provisions of the Terms of Use without any reservations, modifications, additions or deletions. If you do not agree to any provisions contained in the Terms of Use, you are not authorized to use the Services. You may be denied access to the Services, with or without notice to you, if you do not comply with any provisions of the Terms of Use. Amendments. We reserve the right to update and change the Terms of Use from time to time and will post a copy of the amended Terms of Use on our website at the following address:, so we encourage you to review them periodically. If we make any substantial changes to the Terms of Use, we will notify you by posting a prominent notice when you log to SendUser. If you do not agree to, or cannot comply with, the Terms of Use as amended, you are not authorized to use the Services. You will be deemed to have accepted the Terms of Use, as amended, if you continue to use the Services after any such changes. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms of Use. If you wish to cancel your account because you do not agree with the Terms of Use as amended, please contact us by email at ; we will refund you any amount you prepaid. Privacy Policy and Anti-Spam Policy The Privacy Policy the Òrivacy PolicyÓ and the Anti-Spam Policy (the Ònti-Spam PolicyÓ are incorporated by reference and made an integral part of the Terms of Use. It is important that you read and understand their terms. By using our Services, you agree to comply with these policies. Any breach by you of the Privacy Policy or the Anti-Spam Policy shall be considered a breach under the Terms of Use. Power and Authority You represent and warrant to us that you have the full right, power and authority to access and use the Services and, to the extent necessary, that you have obtained all necessary corporate or other authorizations or consents to access and use the Services. Thus, if you are an individual (e.g., employee or consultant) acting on behalf of an Organization, you represent and warrant that you have obtained all necessary authorizations or consents (i.e., you must be an authorized representative) to accept the Terms of Use on behalf of such Organization so that, in addition to yourself, such Organization is bound by the Terms of Use. Account Terms Registration. We restrict access of the Services to registered users. Age. You must be 18 years or older (or age of majority in your country of residence) to use the Services. Account Information. You must provide true, accurate, current, and complete information about yourself (Organization and/or individual, as the case may be), including but not limited to a valid email address (collectively, your Òccount InformationÓ. You agree to update your Account Information as necessary to keep it accurate. You understand and agree that you are solely responsible for maintaining the confidentiality of your Account Information (including passwords) and for restricting access to your hardware device while using the Services. You agree to accept responsibility for all activities that occur under your account. Login and Passwords. Your login may only be used by yourself. Sharing a login with other people is not permitted. An Organization may create separate logins for as many individual users as it wishes. You are responsible for maintaining the security of your account login and passwords. Free Account. Only one free account per Organization is permitted. Data Archival. For all accounts, we reserve the right to delete all user activity older than 90 days, after which only aggregate activity will be available to you. Payments and Refunds Credit Card Payment. Payment for Services will be made by a valid credit card accepted by us, unless other payment arrangements have been made. You hereby authorize us to charge your credit card for such amounts according to our pricing terms. No Refund. All Services fees paid are non-refundable, unless an account is terminated by us without cause, in which case, a refund may be granted on a pro-rata portion of your prepayment. Reactivation Fee. We will charge a reactivation fee to reactivate an account that has been deactivated due to non-payment. API Terms; Specific Terms Organizations may access their account data via an Application Programming Interface (ÒPIÓ. Any use of the API, including use of the API through a third-party product that accesses our Services, is bound by the terms of the Terms of Use plus the following specific terms: We reserve the right to throttle API requests; Abuse or excessively frequent requests to the API may result in the temporary or permanent suspension of your account's access to the API. We, at our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt via email to warn the account owner prior to suspension; and We reserve the right to modify or discontinue, temporarily or permanently, the API (or any part thereof) at any time with or without notice. Content; Intellectual Property Your Content. All of your Content must comply with Canadian, U.S. and your local copyright and other intellectual property or other laws. You must only use images and text you are entitled to use. We claim no intellectual property rights over the material you provide through the Services. Your Content materials remain yours. Sanctions. We may remove any Content or prohibit any use of the Services we believe may be (or is alleged to be) in violation of the Terms of Use. Our Content and Software. All content displayed by us as well as all the software (including any source code) used in connection with the Services are our exclusive property or the property of third parties and is protected by copyright laws. Trademarks. Our company or other third party names and logos and all related product and service names, design marks, trademarks and slogans that our displayed on or through the Services or used in connection with the Services, are our sole property or the property of our affiliates or licensors (collectively, ÒarksÓ. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without our prior written consent. No License. Nothing appearing on or through the Services will be construed as granting you any license, right, title or interest relating to the Marks or other intellectual property used in connection with the Services (collectively, Òntellectual PropertyÓ and the Intellectual Property remains our exclusive property or the property of its owners. Except as stated herein, you agree not to display, copy, reproduce, use or distribute any Intellectual Property without our prior written consent. Also, you cannot mirror any material contained on the Services or made available through the Services. Reservation of Rights. Subject to the limited rights expressly granted hereunder, we reserve all right, title and interest in and to the Services, including all related intellectual property rights, to the fullest extent possible under applicable laws. You may not assign, transfer or otherwise affect any rights granted to you under the Terms of Use, and any attempt to assign, transfer or otherwise affect any part of your rights under the Terms of Use is void. Restrictions. You shall not (i) permit any third party to access the Services except as permitted herein, (ii) create derivate works based on the Services, (iii) copy, frame or mirror any part or content of the Services, other than copying or framing on your own intranets or otherwise for your own internal business purposes, (iv) reverse engineer the Services, or (v) access the Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services. Feedback. We shall own all right, title and interest in and to any suggestions, requests or recommendations for improvements or enhancement to the Services or other feedback provided by you relating to the operation of the Services (collectively, ÒeedbackÓ. You hereby irrevocably assign all right, title and interest in and to the Feedback to us and waive all your moral rights in the Feedback. Service Interruptions Interruptions. You acknowledge that: (i) the provision of Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we are entitled, without any liability to you, to suspend access to any portion or all of the Services at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to the Services; (b) in the event of a denial of service attack or other attack on the Services or other event that we determine, in our sole discretion, that a risk to the Services, to you or to any of our other users may be created if the Services were not suspended; or (c) in the event that we determine that any Service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, Òervice InterruptionsÓ. No Liability. We shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Interruption. Notice of Interruption. To the extent we are able, we will endeavor to post updates on our website on this page, regarding any Service Interruption and resumption of service following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so. Prohibited Acts; Prohibited Services Prohibited Acts. So that the Services are available for all users to enjoy, you represent, warrant and covenant that you (including, if you are an Organization, somebody acting on your behalf such as an employee or consultant) (i) will use the Services only in compliance with the Terms of Use and all applicable laws, including without limitation all privacy laws and (ii) will not, and will not or permit or enable third party to: Use automated tools to operate the Services (scripts, etc.); Use the Services to store Social Security Numbers, passwords, security credentials or sensitive personal information; Host images and files on our servers other than those intended for use in your email campaigns; Use the Service to design an email campaign and send it through another means; or Use the Services in a way (including without limitation displaying, posting, transmitting or otherwise making available any Content that (i) violates the Terms of Use (including, without limitation, through the posting of any Content that violates third party rights or applicable laws); (ii) you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (iii) is unlawful, infringing, harmful, threatening, tortious, defamatory, libelous, abusive, obscene, invasive of anotherÕ privacy, hateful, fraudulent or malicious; (iv) harasses or advocates harassment of another person; (v) involves the transmission of Òunk mail,ÓÒhain letters,Óor unsolicited mass mailing or ÒpammingÓ (vi) involves the sending of any virus, Trojan horse, worm, harmful code, shutdown mechanism or similar mechanism; (vii) promotes information that you know is false, misleading, defamatory or promotes illegal activities or conduct; (viii) solicits passwords, or personal identifying information for commercial or unlawful purposes from other users; (ix) interferes with or disrupts the Services ; (x) collect or ÒarvestÓfrom or through the Services the names and/or other information of other users for the purpose of transmitting to third parties (including other users of the Services) unsolicited commercial messages; or (xi) otherwise violates any local, national or other applicable laws or regulations including applicable privacy laws and regulations. Prohibited Services. We do not allow Organizations that offer the following types of services, products, or content, to use our Services: Pornography, nudity, escorts or anything sexually explicit Illegal goods or services Pharmaceutical products Work from home opportunities Online trading Gambling Multi-level marketing Affiliate marketing Credit repair, Mortgages and/or Loans List brokers or List rental services Any other Content that we deem inappropriate Sanctions. ANY USE OF THE SERVICES (i) IN BREACH OF THE TERMS OF USE (INCLUDING BUT NOT LIMITED TO THE ABOVE SUBSECTIONS ENTITLED ÒROHBITED ACTSÓAND ÒROHIBITED SERVICESÓ THE PRIVACY POLICY OR THE ANTI-SPAM POLICY) OR (II) THAT IS NOT SPECIFICALLY PERMITTED UNDER THE TERMS OF USE, IS STRICTLY PROHIBITED AND MAY RESULT, AT OUR DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT. Contact. Any misuse of the Services may be reported to Disclaimer Security. We endeavor to use reasonable security measures to protect against unauthorized access to your account and Account Information, and to any data which may be stored by us. We cannot, however, guarantee absolute security of your account or the personal information we collect, and we cannot promise that our security measures will prevent third-party ÒttackersÓfrom illegally accessing the Services or their content. YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION ON OR THROUGH THE SERVICES IS AT YOUR OWN RISK AND you accept all risks of unauthorized access to the Services, your Account Information and any other information you provide to us or through the Services. We will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold us harmless, our officers, directors, shareholders, employees, distributors, agents, partners, licensors, information providers and account providers (COLLECTIVETLY, ÒEPRESENTATIVESÓ, as applicable, for any improper, unauthorized or illegal uses of your account. You agree to immediately notify us of any unauthorized use or your account, or any other breach of security at For the purposes of this Section ÒisclaimerÓand Section Òimitation of Liability; IndemnityÓ ÒeÓor ÒsÓmeans SendUser and our Representatives. Òs isÓBasis. THE SERVICES ARE PROVIDED ÒS ISÓ THE 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. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERETO. Warranty Disclaimer. WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES (I) THAT THE SERVICES ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR ERROR FREE OR (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. IN PARTICULAR, EMAIL DELIVERY TO THE RECIPIENT INBOX IS NOT GUARANTEED. WITHOUT PRIOR NOTICE, WE MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SERVICES OR YOUR USE OF THE SERVICES. IF WE ELECT TO MODIFY, SUSPEND, OR DISCONTINUE ANY PART OF OR ALL OF THE SERVICES, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY. Exclusive Remedy. The sole and exclusive remedy for any failure or NONPERFORMANCE of the Services shall be for US to use commercially reasonable efforts to adjust or repair ANY PORTION OF THE Services THAT CAUSED ANY SUCH FAILURE OR NONPERFORMANCE. Limitation of Liability; Indemnity Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, DELICT, QUASI-DELICT, NEGLIGENCE, CONTRACT, WARRANTY, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, SHALL WE OR ANY OF OUR REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE DAMAGES OR OTHER DAMAGES ARISING OUT OF OR RELATING TO (I) YOUR USE, MISUSE OR INABILITY TO USE THE SERVICES (II) THE INTERRUPTION, SUSPENSION OR TERMINATION OF ANY PART OF OR ALL THE SERVICES, AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, WE ARE FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, OUR LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT PAID FOR THE LAST 3 MONTHS OF SERVICE PRECEEDING THE EVENT GIVING RISE TO THE LIABILITY. Indemnity. YOU WILL INDEMNIFY AND HOLD US AND OR OUR REPRESENTATIVES HARMLESS WITH RESPECT TO ANY SUITS, CLAIMS OR DEMANDS (INCLUDING REASONABLE LAWYERSÕFEES) ARISING OUT OF (I) YOUR BREACH OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY OR THE ANTI-SPAM POLICY; (II) ANY DAMAGES MADE BY YOU OR THROUGH YOUR USE OF THE SERVICES, INCLUDING THIRD PARTY DAMAGES; AND (III) YOUR USE OR MISUSE OF THE SERVICES. Termination of Your Account Account. For the purposes of this Section Òermination of Your AccountÓ ÒccountÓincludes, for an Organization, the account of that Organization and all of the accounts of the users of the Services which act on behalf of such Organization, such as employees and consultants. Termination by You or by Us. Your account will be automatically terminated at the end of your pre-paid period if you ask us to stop providing the Services to you (you must send us a notice at least 7 days in advance). We reserve the right to modify or discontinue, temporarily or permanently, all or part of the Services, at any time with or without notice, without any liability whatsoever. Termination for Breach. We may suspend your account immediately in the event of any breach by you (including, if you are an Organization, somebody acting on your behalf such as an employee or consultant) of the Terms of Use, including the Privacy Policy and the Anti-Spam Policy. Specifically, an account will be suspended for malicious use or malicious intention, or any use of the software in a manner for which it is not designed or intended to be used. We will notify you by email of your account suspension. If the breach is not cured within 72 hours of the notice of suspension, we may, at our sole discretion, terminate immediately your account without incurring any liability whatsoever. If we terminate your account(s) for breach, no refund will be issued. No Liability. We shall have no liability to you or any third party because of any termination of your account. Consequences of Termination. All of your content and data used in connection with the Services (collectively, ÒontentÓ will be immediately deleted from our servers upon termination of your account. This information cannot be recovered once your account is terminated. Account Inactive. If you do not log into a free account for more than 6 months, we reserve the right, at our sole discretion, to classify the account as inactive and terminate it. Survival. All provisions of the Terms of Use which by their nature should survive expiration or termination shall survive the expiration or termination of your account, including, without limitation, all ownership provisions, warranty disclaimers, limitations of liability and indemnification obligations contained in the Terms of Use. Miscellaneous Severability. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. Entire Agreement. You agree (i) that the Terms of Use are the complete and exclusive statement of the mutual understanding between you and us and supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter hereof and (ii) that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under the Terms of Use or existing at law or equity shall be considered a waiver of such right or remedy. No Agency. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use, and you do not have any authority of any kind to bind us in any respect whatsoever. Subcontract. We may subcontract, without having to obtain your consent, any or all part of the provision of the Services and our obligations under the Terms of Use. Governing Law; Jurisdiction. The Terms of Use shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada applicable to agreements made and entirely to be performed within the Province of QuŽbec, Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Regardless of where you access or use the Services, you agree that any action at law or in equity arising out of or relating to the Terms of Use or your use of the Services shall be filed and adjudicated only in the federal or provincial courts located in the Province of QuŽbec, Canada (district of Montreal), and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of the Terms of Use or your access or use of the Services. Language. The parties hereto acknowledge having expressly required that these Terms of Use, the Privacy Policy and the Anti-Spam Policy are to be drawn up in the English language. Les parties aux prŽsentes reconnaissent avoir expressŽment exigŽ que les prŽsentes Conditions dÕtilisation, la Politique relative ˆ la protection des renseignements personnels et la Politique antipourriel (spam) soient rŽdigŽes en anglais. Prevailing Version. In case there are several versions of the Terms of Use in different language, you agree that the English language version of the Terms of Use shall be the controlling version. Questions If you have any questions regarding the Services, the Terms of Use, the Privacy Policy, the Anti-Spam Policy, or wish to report any issue relating to the Services you were provided, please contact us by email at Privacy Policy This privacy policy declaration applies to the following parties: SendUser Inc., proprietor and administrator of the service SendUser as defined on the web site The company SendUser Inc., operating under the web address is referred to as SendUser in this declaration; Registered users of the service SendUser possessing a member list. These SendUser users are referred to as CLIENTS in this declaration; Members of the mailing list, recipients of the permission-based marketing e-mails by an intermediary of the SendUser service. These mailing lists are generated by the clients of SendUser and administered by SendUser. The members of these mailing lists are referred to as SUBSCRIBERS. Internet users seeking information from web sites administered by SendUser. The users of these sites are referred to as USERS. Personal information SendUser will not divulge any user's personal information. The user can, without obligation, gather essential information regarding the SendUser service on the web site provided that the user or the client does not reproduce the content for personal or commercial purposes. If the user wishes to download electronic documents from the site, contact customer service, subscribe to a mailing list or become a client of the SendUser service, SendUser reserves the right to gather personal information about the user with the objective of verifying, where applicable, the identity or registration, including last and first name, physical address, phone number, e-mail address and payment details for the purpose of opening a SendUser account. All personal data will be used exclusively for administrative purposes so as to offer clients and users the required and requested service in good faith. Data protection SendUser conforms to the rules governing the Personal Information Protection and Electronic Documents Act and Quebec's Personal Information Protection Act. All personal data provided during registration of the SendUser service will be stored in a secure database and protected with SSL (Secure Socket Layers). This data, including member lists belonging to the clients of SendUser, will be exclusively accessible by workstation intermediaries and protected by authentication. Access to this data is only accessible to SendUser authorized personnel for maintenance and analysis purposes. SendUser will not divulge any personal information allowing a client or member to be publicly identified without their prior written consent so as to avoid any damage to their personal reputation or their companies or to the intermediaries that represent them. SendUser and its clients promise to never rent, sell or disclose their member lists with third parties without the prior consent of members except in the rare circumstance where Canadian or American law requires it in accordance with a court order. Secured payment SendUser is permitted to use a third party in the purchasing process of the SendUser service. This intermediary has the exclusive permission to store, on behalf of SendUser, the data pertaining to the executed transactions by clients of the site with the goal of ensuring a secure method of payment and proof of purchase archive, allowing for the protection of Cake's clients and swift follow-up. This transactional data may be used for validation and registration purposes of clients of the SendUser service. Consent and identity Members, clients and users may decline at any time to make personal information available on the web sites However, SendUser reserves the right to accept or decline the registration of a client to the SendUser service if the personal data is found to be incomplete, fraudulent or furnished by a user who has not attained the age of majority (18 years for a resident of a Canadian province or 21 years for a resident of a state in the U.S.). Any data not conforming to the rules detailed above will be removed from the client database by SendUser within 72 hours. Similarly, permission-based marketing emails shall not be sent to users who are minors without the prior written consent of their parents or legal guardians. In the case of any doubt regarding the registration information provided by a prospective client, SendUser reserves the right to require additional proof of identity and age. SendUser reserves the right to cancel a SendUser client's membership without warning when regulations governing the usage policy described above are not met. Corrections and unsubscribing A client of the SendUser service may communicate, through the contact section of the web site, with our customer service in regards to correcting or validating information submitted during registration. Members of the client mailing lists of the SendUser service are asked to communicate directly with the client in order to correct or validate any personal information regarding their registration to all permission-based marketing emails. If a member's modification requests are not respected by a client of the SendUser service, SendUser reserves the right to impose sanctions on the client's usage. SendUser requires all clients of the SendUser service to include a clearly articulated option to unsubscribe from the mailing list in all permission-based marketing e-mails. A subscriber may be able to unsubscribe at any time from a member list generated by a client of the SendUser service. The subscriber may also unsubscribe at the same time from the member lists of any satellite subscriptions of a client of the SendUser service by submitting a verbal or written request to the client. Should an unsubscribe request made by a member not be met by a client of the SendUser service within a period of 72 hours, the subscriber may lodge a complaint directly with SendUser through the contact section of the site SendUser reserves the right to impose sanctions or to suspend service to any and all SendUser clients who do not conform to these requirements. A client may, at any time, cancel use of the SendUser service following, where applicable, the payment of fees set out in the preauthorized agreement accepted by the client when registering for the service. Any user invited to participate in a promotional activity organized by a SendUser client (viral marketing of the "invite your friend to participate" type) retains the right to refuse the proposed promotional activity. All clients of SendUser are held responsible by SendUser for the proper functioning of all viral marketing tools thereby avoiding an interruption of service. Authorized content SendUser cannot be used for fraudulent purposes, those of an explicit nature or any activity not respecting Canadian and American law. Clients may not use SendUser for the following: promotion of a pornographic nature, the sale of pirated products or those that do not conform to Canadian and American law, the commercial, promotional or pornographic exploitation of minors, false advertising involving the extortion of a user, non-authorized publicity of an individual or business without official consent, or promotion of web sites involving pirating, terrorism or the posting of information considered illegal in Canada and the U.S. Any clients of the SendUser service not conforming to the aforementioned content rules will have their service blocked without warning. SendUser reserves the right to pursue any SendUser client not conforming to these rules so as to protect the integrity of the services offered to its subscribers, clients and users. Hyperlinks The web site, as well as all electronic communications emitted by the clients of SendUser are permitted to contain hyperlinks to other sites either belonging to partners of SendUser or not. These web sites, independent of SendUser, do not automatically conform to all the points of the present privacy policy declaration. SendUser is not responsible for the specific practices executed on these web sites and shall only be held responsible for the usage of the SendUser service. Usage of secondary information Invisible GIFs and pixel tags are utilized in the permission-based marketing e-mails sent by the clients of SendUser so as to permit SendUser to assemble general information regarding the success of transmission. Once a recipient opens an HTML e-mail sent by a client of the intermediary services of SendUser, the computer of the recipient grants access to the SendUser servers to transmit these invisible GIFs. This tool that allows SendUser to assemble the following information: e-mail addresses and the dates and times of the delivery and opening of messages. This data allows SendUser to optimize the e-mail delivery and assure that the transmission rules of all permission-based marketing e-mails are being respected by the clients of the SendUser service. SendUser reserves the right to gather IP addresses in its files for statistical purposes or to test the functionality of Cake's e-mail servers. Cookies are employed in the management execution of interfaces of the site These cookies are used for the sole purpose of offering clients of SendUser access to more personalized information on the products and services of the company. The user visiting the sites will always maintain anonymity. Cookies are also employed as part of online advertising campaigns. Third party vendors, including Google, display SendUser advertisements on sites on the internet. These third party vendors, including Google, use these cookies to serve ads based on a user's prior visits to Users may opt out of Google's use of cookies by visiting the Google advertising opt-out page Notification of changes SendUser's creation of new services on the web site or any other site registered under SendUser, may contain some modifications to the present privacy policy declaration. In such a case, SendUser will post a notice on the homepage of the web sites in question to inform present clients or anyone requesting information. An archive of the previous declaration will be available to users for verification purposes. A similar process is in place regarding any updates of the SendUser service. Any modifications in service taking place throughout the course of a client contract will be documented and explained so as to facilitate the understanding of all executed upgrades. This update notice will be available on the homepage of the web site The following person is responsible for assuring that all parties conform to the present privacy policy declaration whether it be SendUser staff or clients of the SendUser service and their subscribers. Any person wishing to comment or lodge a complaint of non-conformity of the declaration at hand is asked to communicate with: Anti-Spam Policy Guidelines Before adding new recipients to your contact list, you need to ensure that you have the proper permission for each and every recipient on your list. Why? Without proper permission, you run the risk of getting reported for spam, or worse, being sued under anti-spam laws. The basic principle of permission is that you can only email people who have explicitly given you permission to contact them, and only about subjects that they have specifically agreed to. Failure to ensure that all your recipients fall into the "Acceptable Use" category below will result in immediate termination of your account. Acceptable Use Explicitly opted in with you online. Each recipient subscribed to your list online and opted in for one or several types of mailings, for example by clicking one or more subject-related checkboxes that were unselected by default. Co-registration on a partner's site is OK as long as there are separate opt-in options for each list and it is clear to users that they are subscribing to your list. If you haven't sent the recipient email in over 6 months, we recommend a reintroduction message reminding them what they subscribed to, and when. Explicitly opted in with you offline. Recipient completed your offline form, survey or participated in your contest and gave their express permission to be contacted by email about specific subject(s), for example by ticking an empty checkbox. Gave you their business card at an event. If it's absolutely clear that by giving their card the recipient would be added to a list with a particular subject matter, you have permission. We recommend an introductory message reminding them what they subscribed to, and when. Explicitly opted in for the subject you are contacting them about. When opting in, it should be clear to the recipient what the nature of the mailings will be. For example, just because someone opted in for updates about a specific product doesn't mean you can also add them to your general newsletter or promotional mailings for other products. Unacceptable Use Email address copied from the Internet or other source. Just because someone published an email address online, in a directory or on a business card, doesn't mean they've given permission to be added to your mailing list. No email sent to recipient's address in over 2 years. Even when proper permission is granted, it doesn't last forever. When too much time goes by, people forget they opted in and will consider your email to be spam. The industry norm is that permission expires after 2 years of no contact. Email address obtained from a third party. If you purchased, rented, borrowed or otherwise acquired a list from another party, even if it's an opt-in list, the recipients didn't give their permission to hear from you specifically. Recipient is a customer but hasn't opted in. Just because someone is your customer doesn't give you explicit permission to send them email marketing messages. They would first have to opt in for the specific subject about which you are contacting them. Email address is generic and used by several people. You cannot email to generic email addresses like, or because they are often role-based and the users of such addresses change frequently. The only exception to this rule would be if you knew the recipient and were sure that it was their permanent individual email address. Email address is a distribution list or mailing list. You cannot send email to any address that forwards to more than one person because it is impossible to determine whether all recipients have given permission, and there is no way for them to unsubscribe individually. Mandatory content Every email you send using SendUser must include the following: A single-click unsubscribe link that instantly removes the subscriber from your list. The name and physical address of the sender. Reporting Spam If you have received unwanted, unsolicited email sent via SendUser or purported to be sent via SendUser, please forward it to