Terms of Use

Rules and Guidelines.

1. General Email Rules and Guidelines

The Splash360° email marketing system has been specifically developed to enable you to communicate with email subscribers that have opted-in (i.e. expressly given their permission) to receive information from your company. The use of the Splash360° product or service for the sending of unsolicited email, or "Spam" is strictly prohibited.

All email addresses that you use must be solely derived from permission based lists. Splash360° may not be used to send emails to individuals that have not opted-in to receive information via email from your company.

All mail messages sent out must comply with all relevant federal and state laws and all content must not violate any federal, state law, code, or regulation, whether criminal or civil in nature.

All mail messages sent via Splash360° will have the following information automatically inserted into the "footer section".
a) Your company name, address, city, state, and zip code
b) An Unsubscribe link
c) A forward to a friend link
d) Customer acknowledges and agrees that the Services shall automatically add an identifying footer stating "Powered by Splash360°" or a similar message.

All emails must originate from a valid from address. When setting up a Marketing Suite account the from address will be verified.

In the event that a complaint is received or an instance reported of an unsolicited email message sent by your company using Splash360°, Splash360° will investigate. If Splash360° determines that a user is employing the service to send emails to recipients who have not opted in or recipients that have unsubscribed on a prior occasion, the account will be immediately terminated.

2. Unacceptable Content

If you are unsure about how this applies to your email content, please contact us using the service.

Splash360° prohibits the use of the Products or web site by any person or entity that:
a) Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video and software; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
b) Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.
c) Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, work at home businesses, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing and college and pro sporting events.
d) Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
e) Posts or discloses any personally identifying information or private information about children without their consent (or their parents' consent in the case of a minor).
f) Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
g) Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
h) Engages in any libelous, defamatory, scandalous, threatening, harassing activity.
i) Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
j) Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.

Splash360°, at its own discretion, may immediately disable your access to the Products without refund if Splash360° believes in its sole discretion that you have violated any of the policies listed above or elsewhere in this Agreement.

3. Functionality

You must be 18 or older and legally able to be bound by a contract as a condition to receiving the ability to use Splash360°.

All content, tools, functions and services provided via Splash360° are provided on an "as is" basis and we disclaim any and all warranties, express or implied, including those warranties of merchantability, fitness for a particular purpose, title and non-infringement. Such disclaimers may be limited by the laws of your state, and if so limited, may not apply to you. No warranties of validity regarding any of the content provided by us are made.

IN NO EVENT SHALL Splash360° OR ITS SUPPLIERS AND CONTRACTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF Splash360° OR ANY OF ITS SUPPLIERS AND CONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ADDITION, Splash360° OR ITS SUPPLIERS AND CONTRACTORS SHALL NOT BE LIABLE FOR: DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF Splash360° SERVICES, OR WITH THE DELAY OR INABILITY TO USE Splash360° SERVICES. IF CLIENTS ARE DISSATISFIED WITH ANY PORTION OF Splash360°, OR WITH ANY OF THESE TERMS OF SERVICE, CLIENT'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING Splash360° SERVICES.

Splash360° does not take responsibility for any of Client's data residing on Splash360°'s hardware or systems, including such hardware or systems provided to Splash360° by third parties. Client is responsible for maintaining and backing-up Client's data and information that may reside on Splash360°'s hardware or systems, including such hardware or systems provided to Splash360° by third parties, whether or not such information is produced through the use of Splash360°, including all Customer Content.

Splash360° is not liable for Client's actions with Client's customers or vendors, or the use of their information, or for any other actions arising from Client's use, or the use of other parties to whom Client has given access to Client's Splash360° information, through the use of Splash360° Services.

Splash360° is not involved in any transaction between Client and Client's buyer or seller or other third parties with whom Client may have transactions through Client's web site or between Client and any user of any products or services offered or provided by Client or by a third party through any Splash360° service. Splash360° is not responsible for screening, censoring or otherwise controlling Client's Customer Content, or any listings or transactions offered or conducted via Client's Customer Content. Client is deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with Client. Splash360° is not acting as Client's or any third party's agent in connection with the operation of Splash360° services. Further, because Splash360° is not involved any orders or other transactions between Client and other users of Splash360° or other marketplace forums, Splash360° cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise.

4. Fees for the Splash360° Marketing Suite product

Once you have completed your free trial period you will be subject to monthly subscription fees in accordance with the Fee Schedule as published on the Splash360° website. The Fees are based on the highest number of contacts in your account at any time during the previous month. You will be required to submit payment monthly by credit card in advance for the Marketing Suite Product . If you have previously provided your credit card for payment, you hereby authorize Splash360° to charge your credit card for such amounts on a regular monthly basis beginning at the end of your free trial period. If Splash360° is for any reason unable to effect automatic payment via your credit card, Splash360° will attempt to notify you via email and your Splash360° account will be disabled until payment is received. Amounts paid for the Products are not refundable. Fees will be billed monthly even if you are not actively using the Marketing Suite Product. If selected by you, you will also be billed for premium support email design services.

5. Indemnity

Client hereby agrees to defend, indemnify and hold harmless Splash360° and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages Client distribute using the Products or (iii) otherwise arises from or relates to Client use of the Products. In addition, Client acknowledges and agrees that Splash360° has the right to seek damages when Client uses the Products for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.

6. Privacy of Client's Customer Data

Splash360° will not use Client's customer data or Client's customer contact list for any purposes other than those intended by the Splash360° Service. Client's customer information will not be shared with any other parties. Splash360° will not use Client's customer information for the purpose of sending unsolicited commercial email to such customers.

7. Trademarks

Splash360° is a registered trademark of Splash360°, Inc. and should not be used without written permission. The names of actual companies and products mentioned herein or on the Splash360° web site may be the trademarks or service marks of their respective owners.

8. Termination of Service

You may terminate this Agreement at any time by using the account cancellation option within the settings of the Splash360° application. There are no refunds for any fees paid. You are responsible for terminating your account and Splash360° is not responsible for your failure to properly terminate your account and this agreement and any credit card charges and fees you incur as a result of your failure to properly terminate your account and this agreement. Splash360° may terminate this Agreement or the Products, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. Splash360° shall have no liability to you or any third party because of such termination or action. Splash360° may delete any of your archived data within 30 days after the date of termination. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

9. General

Client agrees that no joint venture, partnership, employment, or agency relationship exists between Client and Splash360° as a result of these Terms of Service or use of Splash360° services. Splash360°'s performance of this Agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of Splash360°'s right to comply with governmental, court and law enforcement requests or requirements relating to Client's use of Splash360°'s Services or information provided to or gathered by Splash360° with respect to such use. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. Unless otherwise specified herein, these Terms of Service and the Privacy Statement constitute the entire Agreement between the user and Splash360° with respect to Splash360°'s Services and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Splash360° with respect to Splash360° Services. Splash360° reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government request or in accordance with Splash360°'s Privacy Statement. Any rights not expressly granted herein are reserved by Splash360°, including all legal and equitable remedies available to Splash360° upon Client's violation of any of these Terms of Service.