PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE AND TO THE PRODUCTS. YOU AGREE TO CHECK FOR UPDATES TO THESE TERMS AND CONDITIONS OF USE. BY USING THIS WEBSITE OR THE PRODUCTS, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN YOU MAY NOT USE THIS WEBSITE OR THE PRODUCTS.
This agreement (the “Agreement”) by and between Shahwan Tech. Ent., LLC (STEdb), with its principal place of business located at P.O. Box 21355, Royal Palm Beach, FL 33421 and user of the products and services (“Customer”). Customer and STEdb may be referred to individually as a “Party” or collectively as the “Parties” through this Agreement.
WHEREAS, STEdb provides services to assist customers in the transmission of commercial email over the Internet (the “DBM”) and is referred to the term “Services”. A Customer shall request Services under this Agreement (i) by submitting a work request associated for certain STEdb services via the online portal maintained at the Website located at www.stedb.com or any other Websites or Web pages owned or controlled by STEdb that are linked to that Website (collectively the “STEdb WebSite”), or (ii) by submitting a written / email work request.
WHEREAS, Customer desires to transmit commercial email over the Internet through DBM.
1. Service Agreement:
(a) STEdb agrees to provide Customer with announcement and/or discussion email list services (the “Service”) subject to the terms of this Agreement, the Prices stated at our Pricing Page, and the Operating Rules stated in Exhibit B (the “Rules”). This Agreement, the Prices and the Rules state the full agreement between STEdb and Customer with respect to the Service to be provided to Customer by STEdb. Any other or prior agreements between STEdb and Customer with respect to the subject matter of this Agreement are hereby superseded. This Agreement will become effective only after STEdb accepts this Agreement by activating Customer’s access to the STEdb outsourcing service network (sometimes referred to in this Agreement as the “STEdb Outsourcing System”).
(b) Right to Rely on Instructions. STEdb may act in reliance upon any instruction, instrument, or signature reasonably believed by STEdb to be genuine. STEdb will not be required to inquire into the truth or evaluate the merit of any statement or representation contained in any notice or document. STEdb shall not be responsible for failure to act as a result of causes beyond the reasonable control of STEdb.
2. Right to Modify:
This Agreement and the Rules may be supplemented, modified or amended (each a “Revision”) by STEdb at any time at its sole discretion, and each such Revision will be effective 7 business days after it has been posted on STEDB, provided, however, that prices may be modified only in accordance with the provisions of Paragraph 4 (b) (“Charges”) of this Agreement. If any Revision is not acceptable to Customer, Customer may terminate this Agreement in the manner provided in Paragraph 10 (“Termination”) below. Customer’s continued use of STEdb’s Service under this Agreement after the effective date of such Revision shall be deemed to constitute acceptance of the Agreement as so supplemented, modified or amended. Except as otherwise stated in this Paragraph 2 and Paragraph 4, this Agreement may not be amended, except by a written agreement signed by both parties.
3. Activation and Use of STEdb Outsourcing System:
(a) Following execution of this Agreement, STEdb shall provide Customer with an account name and a password that will allow access to the STEdb Outsourcing System. Customer will use STEdb as an Independent Content Provider (“ICP”). As an ICP, Customer shall be liable and responsible for any and all activities conducted through its account by Customer or, if applicable, by Customer’s users, whether or not such activities have been authorized by Customer.
(b) Upon STEdb’s request, Customer shall provide STEdb with accurate and complete registration information with respect to Customer’s use of the STEdb Outsourcing System (Including the identity, email addresses, and passwords of Customer’s authorized list administrators) and to promptly update such information as changes occur. Customer’s failure to provide or update such information shall constitute a breach of this Agreement and this shall be grounds for STEdb to terminate this Agreement or the right of any person associated with Customer to use the STEdb Outsourcing System (Including any person using the STEdb Outsourcing System through Customer’s account with or without Customer’s authority). In such case, Customer shall also be liable to STEdb for any and all additional remedies that may be available under law.
(a) Customer will be charged for the use of the STEdb Outsourcing System in accordance with the Prices at, STEDB Pricing. The Prices may be modified by STEdb at any time pursuant to section (b) of this Paragraph 4. Prepayment shall be due before each months usage. Fees are not refundable.
(b) The present rates for the Service are stated in the Prices set forth at STEDB Pricing. The Prices are subject to change by STEdb at any time and such change shall become effective in 24 hours. If any change in the Prices is not acceptable, Customer may terminate service under this Agreement as provided in Paragraph 10 (“Termination”). However, Customer’s continued use of the STEdb Outsourcing System following the effective date of any change in the Prices shall be considered acceptance of such change.
(c) Customer is responsible for all charges arising out of its use of the STEdb Outsourcing System whether or not such use is authorized by Customer.
5. Use of STEdb Outsourcing System Content:
(a) Customer may charge its users under separate agreements for use of the STEdb Outsourcing System and any information, communications, software, photos, video, graphics, music, sounds and other material and services provided by Customer or other users of Customer’s account (collectively referred to as “Content”).
(b) Customer acknowledges, and shall also notify its authorized users, that STEdb is not responsible for and does not give any assurance to any person with respect to the validity, value, usefulness or accuracy of Content. Customer and any person using Customer’s account shall bear any risk associated with the Content. STEdb has the right to monitor the use of the STEdb Outsourcing System, Including the Content that may be transmitted across it from time to time. However, STEdb does not prescreen or attempt to censor or review any Content prior to its appearance on the STEdb Outsourcing System. STEdb has the right (but not the obligation) to require Customer to remove, prohibit or discontinue any Content on the STEdb Outsourcing System which STEdb, in its sole discretion, determines to be harmful, offensive or otherwise in violation of the Rules or this Agreement.
6. Intellectual Property Rights:
(a) Content Subject to Rights – Customer acknowledges that Content on the STEdb Outsourcing System, whether provided by Customer or others may Include material which is the subject of and protected by copyrights, trademarks, service marks and other proprietary rights (“Rights”). Customer acknowledges that such Rights are valid and valuable and are protected and apply to all media, which now exists or may in the future exist. Unless specifically provided elsewhere in this Agreement, Customer’s ability to use any Content which is protected by such Rights shall be governed by applicable law Including relevant patent and trademark law.
(b) Customer Warranty – Customer agrees, and will require each and every one of its users to agree, (i) that it will transmit on the STEdb Outsourcing System only Content that is not subject to any Rights in favor of any other party or Content in which the holder of any Rights has given express consent to such transmission and (ii) that by transmitting or allowing the transmission of any Content on the STEdb Outsourcing System, Customer or Customer’s users automatically warrant that STEdb has the royalty-free, irrevocable, nonexclusive worldwide right to transmit and display such Content in whole or in part on the STEdb Outsourcing System for the duration of the performance of the Service. Customer may obtain the consent of its users to the covenants provided in this Paragraph by requiring such persons to perform sign-on procedures, which will confirm their agreement to, and acceptance of these conditions.
(c) Lawful Use – Customer agrees to use the STEdb Outsourcing System only for lawful purposes. Customer recognizes and agrees that STEdb at its sole discretion may monitor any and all areas of the STEdb Outsourcing System to oversee compliance with this Agreement and the Rules and Customer will so inform its users that their use of the STEdb Outsourcing System will constitute consent to such monitoring. If Customer or any of its users restricts or inhibits any other customer or user of the STEdb Outsourcing System, STEdb may, at its discretion, terminate or limit the right of Customer or Customer’s user to use the STEdb Outsourcing System.
7. International Usage:
Customer acknowledges that its use of the STEdb Outsourcing System allows access to Content originating from other customers, ICPs and third parties located in countries other than the United States. Customer agrees that its access to and use of such Content may be governed (in addition to this Agreement and the Rules) by separate terms and operating policies which conform to appropriate and applicable national laws and customs.
8. No Warranty:
CUSTOMER EXPRESSLY AGREES THAT USE OF THE STEDB OUTSOURCING SYSTEM, SERVICES AND SOFTWARE ARE AT THE CUSTOMER’S SOLE RISK. STEDB’S SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. STEDB’S LIABILITY TO CUSTOMER FOR BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE AMOUNT PAID BY CUSTOMER TO ACCESS AND USE THE STEDB OUTSOURCING SYSTEM AND STEDB’S SOFTWARE AND SERVICES FOR THE PERIOD OF TIME DURING WHICH THE STEDB OUTSOURCING SYSTEM FAILED TO OPERATE AS A RESULT OF STEDB’S ACT OR OMISSION. THE REFUND OF FEES PAID TO STEDB FOR THE PERIOD DURING WHICH THE STEDB OUTSOURCING SYSTEM MAY HAVE FAILED TO OPERATE AS A RESULT OF STEDB’S ACT OR OMISSION SHALL BE CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE STEDB OUTSOURCING SYSTEM AND STEDB’S SOFTWARE AND SERVICES. IN NO EVENT SHALL STEDB BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THIS AGREEMENT, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN THE EVENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF ANY WARRANTY OR LIABILITY UNDER THIS AGREEMENT, STEDB’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Customer will defend and indemnify STEdb and hold STEdb
harmless from all liabilities, claims and expenses, Including attorneys’ fees, arising from (a) a breach of this Agreement or the Rules by Customer or any of Customer’s users or (b) the transmission by Customer or its users of any Content on the STEdb Outsourcing System, whether or not such use was authorized by Customer. STEdb, at Customer’s expense, will cooperate with Customer in the defense of any matters which are subject to this indemnification, however, STEdb reserves the right to approve any settlement agreement in connection with any such matter that is not fully covered by applicable insurance. STEdb also reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer under this Paragraph 9, but in that event, Customer shall have no further obligation to indemnify STEdb with respect to that matter. The obligation to indemnify, defend and hold STEdb harmless in accordance with this Paragraph 9 shall not apply to the extent that any losses or costs suffered by STEdb are due to gross negligence or willful misconduct on the part of STEdb. (i) Customer hereby acknowledges, do(es) hereby waive claim of, or right to, lien, under the statutes of Florida relating to services and service preformed to clients, and the officers, directors, employees and agents of each, (collectively referred to as “STEdb”). (ii) Customer does hereby waive the right to trial by jury and consents to arbitration. (iii) Customer defend, indemnify and hold harmless the others, their corporate affiliates and their respective officers, directors, employees, and agents and their respective successors and assigns from and against any and all claims, losses, liabilities, damages, and expenses (including, without limitation, reasonable attorneys? fees), arising under this Agreement from the negligent or international acts or omissions of the indemnifying Party or its subcontractors, or the officers, directors, employees, agents, successors and assigns of any of them.
Either Customer or STEdb may terminate this Agreement at any time and for any reason, with or without cause. Subject to the provisions of Paragraph 8, if Customer is dissatisfied with any term of this Agreement or any Rule, policy or practice of STEdb in operating the STEdb Outsourcing System, or in the Content appearing on the STEdb Outsourcing System or the amount or type of fees or billing methods, or any change therein, Customer may terminate this agreement 30 days prior to any work done by delivering an email to firstname.lastname@example.org and in such instance this will be Customer’s sole remedy. Customer’s notice of termination will be effective upon receipt by STEdb. In the event that a Customer’s Agreement is so terminated or canceled by Customer or STEdb no refunds will be given on any funds received.
11. Delays / Data Loss:
STEdb shall not be liable for failure to perform or data loss; hereunder due to the inability of Customer, STEdb or any other person to connect to the Internet, or any other failure or unavailability of the Internet for any cause whatsoever, acts of God, or of the public enemy, or of any government or agency thereof, fires, floods, epidemics, quarantine restrictions, strikes, work stoppages, freight embargoes, severe weather, differences with workmen, restrictions imposed by governmental agencies, war, hostilities, riot, rebellion, delay in or lack of transportation facilities, inability to secure materials, power failure or fluctuation or any other cause beyond the control of STEdb, or STEdb’s exercise of its rights under this Agreement. In the event of delay by STEdb due to any such cause, the date of performance of any act by STEdb will be postponed by such length of time as may be reasonably necessary to compensate for such delay.
Any types of benchmarking or testing for publications are prohibited without written authorization by STEdb.
13. SIN Scrub:
The Shared Information Network (SIN) scrub will be enabled on your install by default allowing STEdb to securely compare your data against other users data in help grow a master black lists, unsubscribes and hard bounces. In no way would the actual emails be used or disclosed to any user. Data will be used for the sole purpose of SECURELY exchanging and sharing email information to increase overall deliverability.
(a) STEdb shall exercise reasonable commercial efforts to make the STEdb Outsourcing System secure. STEdb shall not make Customer’s passwords available to anyone who is not (i) an authorized agent or employee of STEdb or (ii) a list administrator who has been so designated to STEdb by Customer in writing.
(b) STEdb acknowledges that membership lists provided to STEdb by Customer in connection with this Agreement are the property of Customer. Unless STEdb receives specific instructions from Customer to the contrary, STEdb will not sell except as otherwise stated in Paragraph 14 (c), license, share, transfer or otherwise disclose Customer’s membership lists or Customer’s list administrator’s login information to any third party except as otherwise specifically provided in this Agreement or the Rules or as required by law or a court order.
(c) STEdb may access Customer’s membership lists in order to unsubscribe a member who has sent to STEdb or STEdb’s ISP a request to do so or a complaint to the effect that such member is unable or unwilling to unsubscribe themselves, or if such member violates the Rules or the terms of this Agreement. STEdb may also reserve the right to deactivate users from the same domain and other domains hosted on the same IP where complaints came from in order to help isolate and eliminate continued complaints. Also note that if funds are not paid and a late balance is carried over STEdb has the right to use client’s data as collateral and or not allowing client access to their data.
(d) Customer understands and agrees to that the contact information located in the online account as well as contact information listed on the corporate site, some or part may be used for registration of Feed Back Loops and White List with various ISPs. In addition Customer agrees and authorizes STEdb to communicate and write emails on the Customer’s behalf using the name and contact information in the signature of communication with ISPs to resolve IP blocks, questions, concerns and/or registration.
15. Applicable Law:
To the extent of any conflict between this Agreement and the Rules, this Agreement shall take precedence. If any portion of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. This Agreement shall be governed by the laws of the State of Florida in Palm Beach County, excluding its conflicts of law rules, of the State of Florida in Palm Beach County for the enforcement of this Agreement or any action arising out of or relating to this Agreement. Customer agrees to bare their own legal costs. If legal action is taken, Customer shall bear complete costs regardless of the outcome of any litigation. (i) Customer hereby acknowledges, do(es) hereby waive claim of, or right to, lien, under the statutes of Florida relating to services and service preformed to clients, and the officers, directors, employees and agents of each, (collectively referred to as “STEdb”). (ii) Customer does hereby waive the right to trial by jury and consents to a bench trial without a jury. This Agreement shall bind and be for the benefit of the parties hereto and their respective successors and assigns.
16. Indemnification Agreement for the Can Spam Act of 2003:
Customer hereby covenants that it will conduct its activities in accordance with and will comply fully with the Can Spam Act of 2003 in relation to the services that it provides to STEdb In connection therewith, Customer agrees to defend, indemnify and hold harmless STEdb, and its clients, and the officers, directors, employees and agents of each, (collectively referred to as “STEdb”) against and from any and all losses, claims, suits, proceedings, expenses of any kind (including reasonable attorneys? fees), damages (including punitive or penal damages) and costs arising from any claims made by or on behalf of any third party that STEdb has in any way failed to comply with or violated the Can Spam Act of 2003 as a result of actions taken or that should have been but were not taken by Customer in the fulfillment of its obligations and duties to STEdb. STEdb shall notify Customer immediately upon learning of any such loss, claim, suit or proceeding. Customer shall have the right, at its own expense, to control the defense of any such claim, suit, or proceeding, and if it elects to control the defense, Customer shall provide a vigorous defense. Further, (i) STEdb shall have the right to cooperate in such defense with its own counsel at its own expense; and (ii) if Customer shall not exercise its right to control the defense, and vigorously defend the matter, then STEdb shall, in addition to any other indemnity hereunder, be reimbursed for its expenses (including reasonable attorneys? fees), if any, incurred in the defense. Except as set forth below, Customer shall have complete authority to prosecute or settle any claim, action or proceeding as it sees fit. Customer shall have control over decisions relating to settlement if such settlement relates solely to a payment of money. If the proposed settlement imposes any other requirements or acts, or prohibits any acts, by STEdb, or otherwise affects STEdb’s operations or business, then such settlement shall not be entered into without STEdb’s prior written approval, which may be withheld in its sole discretion. Customer shall be obligated to reimburse STEdb for any expenses incurred by STEdb in enforcing its rights under this indemnification agreement.
17. Confidential Information:
Except as provided in this Agreement STEdb shall not disclose, transfer, make available or use of information used in DBM. STEdb has the right to disclose the terms of this Agreement to any third Party. If STEdb receives a subpoena or any other order from a court or other judicial tribunal pertaining to the disclosure or release of any account information, STEdb may not notify the Parties to this Agreement especially if prohibited by law. It shall be the responsibility of Customer to challenge any such order; provided, however, that STEdb does not waive its rights to present its position with respect to any such order. STEdb will not be required to disobey any order from a court or other judicial tribunal, including, but not limited to, notices.
Any dispute, controversy or claim arising out of, relating to or in connection with this contract including, but not limited to all questions regarding issues of jurisdiction, the existence, scope, validity, performance, interpretation, termination, entitlement to and apportionment of all reasonable cost, expenses and attorneys fees, amendment thereto, or the breach thereof, shall be determined by arbitration heard by determined by STEdb to be either single arbitrator (or by a tribunal of three neutral arbitrators) as the exclusive remedy as to the matters in dispute as governed and interpreted under the laws of Florida, the situs of which shall be in the location choosing of STEdb in West Palm Beach, Florida administered and chosen strictly by the American Arbitration Association in accordance with it’s Commercial Arbitration Rules in software, marketing or online sector, which rules are deemed to be incorporated by reference into this clause to include the application as necessary of the Optional Rules for Emergency Measures of Protection and or Optional Procedures for Large, Complex Commercial Disputes. If any portion, section or provision of this agreement to arbitrate or the application thereof to any person or circumstance is held invalid, unconstitutional or unenforceable, that provision may be waived and shall not affect other provisions or applications of this agreement or of the award. In executing their office, the arbitrator shall carefully weigh the facts presented, follow the terms of the agreement of the parties? and rule in accordance with applicable law in arriving at their award, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Assessment of Attorney’s Fees as well as arbitration association fees will bare the cost of the Customer regardless of the outcome of any litigation.
19. Limitation Of Liability:
In no event will STEdb’s liability for any damages ever exceed ($1.00).
Sections 8 (No Warranty), 9 (Indemnification), 10 (Termination), 15 (Privacy), 17 (Indemnification Agreement for the Can Spam Act of 2003), 18 (Confidential Information), and 20 (Limitation Of Liability) of this Agreement shall survive termination of this Agreement or any Exhibit attached hereto.
The Parties agree that this Agreement is the complete agreement between the Parties hereto concerning the subject matter of this Agreement and replaces any prior or contemporaneous oral or written communications between the Parties. There are no conditions, understandings, agreements, representations, or warranties, expressed or implied, which are not specified herein. Each of the Parties herein represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized and signed by a person who meets statutory or other binding approval to sign on behalf of its business organization as named in this Agreement. This Agreement may only be modified by mutual written agreement of the Parties.
Note: If contracting electronically via the online portal, clicking the “I Accept” button displayed as part of the ordering process, evidences agreement to the preceding terms and conditions (the “Agreement”). If you are entering into this Agreement via the online portal on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not proceed forward.
THE PRICES: See, Our Pricing Page
VERY IMPORTANT NOTE:
You are responsible for your minimum monthly fees each month. By means of this contract, you agree to pay the minimum fee even you have no mailing activity during a particular month. Should the payment be late a 15% monthly late fee or highest State allowed interest will be charged on any past due payment.
(a) All email management packages must be prepaid and are non-refundable. This agreement is a month to month membership that is automatically renewed at the beginning of the anniversary date of this agreement. Customer can cancel renewal within thirty (30) days of the anniversary date of this agreement. Prepayment to the prior usage is required. Remember: minimum monthly fees always apply, even if there is no mailing activity during the month. Please also note that any funds paid are non-refundable.
(b) In the event of the nonpayment of Service Fees owed to STEdb, STEdb shall provide all Parties to this Agreement with notice by electronic mail and/or regular mail. Any member of the Customer’s organization and/or investors shall have the right to make the payment to STEdb to cure the default. If the past due payment is not received in full by STEdb within fifteen (15) days of the date of such notice, then STEdb shall have the right to terminate this Agreement at any time thereafter by sending notice by electronic mail and/or regular mail of termination to all Parties. STEdb shall have no obligation to take any action under this Agreement so long as any STEdb invoices issued for Services rendered under this Agreement remains uncollected.
(c) In the event STEdb notices Customer has internal organizational conflicts such as Customer organizational power struggles, partnership disputes or investor disputes STEdb reserves the right to suspend services for an undetermined period of time and/or terminate services.
Changing or Modifying Packages
If your messaging requirements change over time, you may switch to a higher or lower package. Please note that such changes will take effect once your prorated payment is received.
Note: Compliance with the Rules is a condition for use of the STEdb Outsourcing System.
You (i.e., the Customer) may not use the STEdb Outsourcing System (also known as STEdb.com) to send unsolicited email (“spam”), whether it be commercial or non-commercial. If your email addresses came from harvesting, a purchased email list, another mailing list (even with the approval of the other list owner), or were compiled by any method other than by direct subscription from your members, for the purposes of this Agreement and these Rules they will be considered unsolicited email (that is, “spam”). Unsolicited commercial email advertising the sale of real property, goods or services may be in violation of state and federal law and may subject advertisers to civil penalties.
If STEdb receives complaints that you are sending unsolicited commercial or non-commercial e-mail (“spamming”), in addition to any other rights that STEdb may have under this Agreement or under applicable law, STEdb may at its sole option suspend your service pending a reconfirmation of your entire membership list. This reconfirmation may be required by STEdb in any reasonable manner it determines in its sole judgment Including, without limit, sending a single e-mail to all of your list members requesting confirmation of their wish to maintain their subscription to such list. Members who do not reconfirm within a reasonable time established by STEdb may be deleted from the list in question. STEdb agrees to use reasonable commercial efforts to contact your designated list administrator by e-mail or phone before suspending service. Your consent will be requested before STEdb contacts your list members for the purposes of reconfirmation, however, if you do not consent to STEdb contacting your list members for the purposes of reconfirmation, STEdb may terminate this Agreement.
If STEdb determines in good faith that you have been spamming, in addition to any other rights under this Agreement and applicable state or federal law, (i) STEdb may bring an action in any court of competent jurisdiction to enjoin such activity, it being understood that such activity may cause irreparable harm to STEdb which may not be fully compensable by monetary damages and (ii) STEdb may recover from Customer monetary losses caused to STEdb by such activity in an amount equal to (a) $500 for each such item of unsolicited e-mail which Customer has sent to each separate and identifiable e-mail address in violation of this Rule, which amount the parties agree is a fair and reasonable estimate of STEdb’s losses which would be occasioned by such violation; or (b) if STEdb can establish a greater amount of monetary loss, the amount of such actual monetary loss suffered by STEdb as a result of such violation Including, but not limited to, any damage or loss (Including attorney’s fees) resulting from any claim made against STEdb as a result of Customer’s conduct in violation of this Rule. In addition to the foregoing, Customer shall be responsible for reasonable costs incurred by STEdb in bringing such actions, Including reasonable attorney’s fees.
Other Unacceptable Uses:
Additionally, you may not use the STEdb Outsourcing System to:
1. Send email with an invalid “From:” or “Reply-to:” address. All messages posted to your list must contain valid email addresses and you must be responsive to all replies from members of your list, Including unsubscribe requests. You may not refuse or ignore unsubscribe requests from members of your list.
2. Impersonate any person, Including but not limited to, an official of STEdb or an information provider, or communicate under a false name or a name that you are not entitled or authorized to use.
3. Intentionally or unintentionally violate any applicable local, state, national or international law, Including but not limited to any regulations having the force of law.
All list messages must Include the STEdb unsubscribe instructions in the body or footer of the message, so that members can unsubscribe themselves from the list.
List owners should respond to member requests for manual removal from the list with courtesy and timeliness. Please do not discard personal email messages you receive asking to be removed from your list. Even if the user request for removal is aggressive, unfriendly or otherwise rude, you should nonetheless make every attempt to help the user get off your list and to resolve the situation.
In the event you violate these Rules, STEdb may, in its sole discretion, remove your list from its server and terminate your right to use the STEdb Outsourcing System. List owners should be aware that they are responsible for the behavior of their list members.