ROIEmail

TERMS OF USE

By executing an agreement for services or by logging in to ROIemail, you accept these terms and conditions?

ROI Email will supply Customer and Designated Account Holders (those with password and ID accounts on this system) with its ROI Email integrated marketing site service package ("ROI Email Service Package") upon the following terms and conditions:

PAYMENT. Customers using most ROI Email services are required to pay monthly via credit card or other authorized payment method. If Customer fails to pay any amount when due, Customer will pay a 1.5% surcharge per month on the unpaid balance. Customers using ROI Email for Small Business are required to pay monthly base subscription fees in advance while any additional charges for volume will be paid with the following month’s bill.

PROPRIETARY RIGHTS. The copyright, database rights and any other intellectual property rights in the programs and data which constitute the ROI Email software and process ("Software") and the business process by which ROI Email sites and campaigns are produced are owned by ROIEmail, incorporated. Customer and Designated Account Holders shall not, in whole or part, reproduce, modify, translate, create derivative works based upon, copy, distribute, transfer (by any means), reverse engineer, decompile, disassemble, or merge the Software into another program or process, or remove any proprietary notices, labels or marks used in connection with the ROI Email Service Package ("Unauthorized Acts"), nor cause or permit to be caused Unauthorized Acts. In addition, Customers agree to abide by ROI Email’s Privacy and Anti-Spam policies. ROI Email will own all rights in any copy, translation, modification, adaptation or derivation of the Software that Customer or Designated Account Holders may create or cause to be created, including any improvement or development thereof.

DISCLAIMER OF WARRANTIES. ROI Email, Incorporated EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY. In no event shall ROI Email be liable to Customer or Designated Account Holders for any incidental, consequential, special, or punitive damages of any kind or nature, whether such liability is asserted on the basis of contract, tort (including negligence or strict liability), or otherwise, even if ROI Email has been warned of the possibility of any such loss or damage. ROI Email’s liability to Customer or Designated Account Holders for actual damages for any cause whatsover, regardless of the form of action, shall be strictly limited to a maximum of the paid amount of the most recent quarterly invoice.

TERMINATION. ROI Email may in its sole discretion terminate supply of the ROI Email Service Package to Customer and/or Designated Account Holders and terminate any other agreement between ROIEmail and Customer and/or Designated Account Holders, including but not limited to any Web Site Hosting Agreement, in the event of a breach of these Terms and Conditions upon written notice to Customer and/or Designated Account Holders. Termination will be without prejudice to any rights of ROI Email against Customer and /or Designated Account Holders. Forbearance to exercise any right or remedy, shall not be construed as a waiver by ROI Email of any such right or remedy or preclude any other or further exercise thereof or the exercise of any other right or remedy.

ANTI-SPAM POLICY: All Clients agree to abide by the restrictions and principles outlined our Anti-Spam and Privacy policies. Further, all clients agree to abide by the regulations and guidelines of the CAN-SPAM Act. Failure to abide by these guidelines can result in immediate termination of your account without refund of any pre-paid fees (if applicable). Further, clients hereby agree that ROI Email may take steps to limit the number of complaints by a particular client in the event that participating ISP's identify that client as violating their terms of service or anti-spam guidelines repeatedly.

TAXES. The ROI Email Service Package is supplied exclusive of taxes. Customer shall be responsible for all taxes, levies and assessments except for taxes based on ROI Email's net income and shall promptly pay or, if ROI Email has paid any such amounts, reimburse ROI Email for all such taxes, levies or assessments.

APPLICABLE JURISDICTION, VENUE AND GOVERNING LAW. Customer and/or Designated Account Holders submit to the jurisdiction of the Federal and state courts located in Roanoke, Virginia, in any action or proceeding arising out of, or relating to, these Terms and Conditions and all claims with respect to such action or proceeding may be heard and determined only in such courts; and Customer and/or Designated Account Holders waive all objections based on venue or forum non conveniens with respect to such courts. The validity, construction, and performance of these Terms and Conditions shall be governed by the laws of the State of Virginia (excluding its principles of conflict of laws).

ENTIRE UNDERSTANDING. Acceptance of any part of the ROI Email Service Package by Customer shall constitute Customer's and Designated Account Holders' agreement to comply with these Terms and Conditions. These Terms and Conditions constitute the entire understanding between the parties and there are no terms and conditions that apply except as contained herein. No assignment by Customer or Designated Account Holders is permissible without the prior written consent of ROIEmail