Dog Yard Fine Print
This Agreement sets forth the legal relationship between YOU (“YOU”) and MAIL DOG. Please read this Agreement carefully as it creates the rights and obligations of each of us should YOU elect to use and access MAIL DOG’s services. In the event YOU utilize the services, YOU are indicating your agreement and acknowledgment to be bound by the following terms and conditions set forth in this Agreement.
TERMS AND CONDITIONS
1. ENGAGEMENT. By clicking on the “I AGREE” box, YOU indicate that YOU hereby agree and consent to be bound by all of the terms and conditions of this Agreement with MAIL DOG. The term of this Agreement will begin upon your acknowledgment of this Agreement and will terminate as provided herein.
2. SERVICES. MAIL DOG will provide YOU with an online suite of production, management and transmission tools for Email communications. YOU will use these tools exclusively for permission-based email marketing and/or email communications with the customers, members, employees, agents or representatives of the single company entity associated with your MAIL DOG account.
3. ANTI-SPAM & PRIVACY POLICY. Use of MAIL DOG’s services to send unsolicited email (SPAM) is strictly forbidden and will give rise to immediate suspension of all MAIL DOG Services. YOU agree to send email only to those recipients who have directly given you their permission to receive mail from YOU and to abide by all of the covenants in MAIL DOG’s Anti-Spam Policy, which is prominently posted on the MAIL DOG site. MAIL DOG will not transmit email to third-party, rented, purchased or “harvested” email lists. YOU agree to either provide a link to your own Privacy Policy in all emails sent using MAIL DOG, or agree to adopt MAIL DOG’s Privacy Policy.
NOTE: Mail Dog charges a fee of $100 per incident for managing SPAM reports from ISPs and/or SPAM reporting agencies resulting from email campaigns that YOU send. The handling fee is charged regardless of whether or not the recipient was justified in reporting the email as SPAM. This fee covers Mail Dog’s administrative costs for handling SPAM reports.
4. CONTENT POLICY. YOU agree that the content of your email communications will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights. YOU agree that the content of your email communications will not violate any law, statute, ordinance or regulation and will not be defamatory, trade libelous, pornographic or obscene. MAIL DOG will immediately terminate, without any advance notice to YOU, any email campaign that it believes is in violation of the foregoing.
5. OWNERSHIP OF CONTENT. YOU retain ownership of all content, images, messaging, copyrights, reports and email address lists that YOU produce, upload or manage on MAIL DOG. MAIL DOG will not use your content or email address lists for any purpose other than the execution of your email communication campaigns.
6. UNSUBSCRIBE & REMOVALS. YOU acknowledge and agree that all email messages sent using Mail Dog will provide all recipients with instructions and links to effect their removal (unsubscribe) from your lists. MAIL DOG will process all remove/unsubscribe requests immediately and will not allow any future email campaigns from YOU to be sent to any email address on the master removal list that is associated with your account. Additionally, YOU may receive verbal or written communications from recipients requesting to be removed from your lists. YOU agree to be responsible for removing all of these email addresses from your lists using MAIL DOG’s manual Unsubscribe tool.
7. MAIL DOG FOOTER. In addition to the removal/unsubscribe instructions and links, YOU also agree that all email messages will include, in the footer section; copy that reminds the recipient that they have given YOU permission to send them email; a link to either your own Privacy Policy or Mail Dog’s Privacy Policy; and the words “Instantly created and delivered by”, followed by the MAIL DOG logo which is linked to MAIL DOG.
8. CHANGES TO AGREEMENT. MAIL DOG may revise or modify the terms and conditions of this agreement at any time and without notice. A link to the most current version of this agreement will be prominently displayed in the Admin section associated with your account. YOU agree to periodically review the most current version of the agreement. The amended terms and conditions shall automatically be effective thirty (30) days after they are initially posted and shall be binding upon YOU unless YOU terminate this Agreement.
9. FEES & PAYMENT TERMS: YOU agree to pay MAIL DOG a Monthly Service Fee, which includes all online MAIL DOG utilities along with a specified volume threshold of email transmissions. YOU agree to the terms and conditions of the PRICING PLAN associated with your account which can be viewed online, at any time, in your Account section, as well as any late fees incurred. See your PRICING PLAN for your schedule of Monthly Service Fees, transmission thresholds and additional transmission rates. MAIL DOG will provide an online statement with a counter of monthly email transmissions. The counter will be reset to zero on the first day of the month regardless of the actual number of transmissions recorded in the previous month. YOU agree to pay MAIL DOG a transmission fee for all transmissions exceeding the specified volume threshold.
10. CUSTOM SERVICES & SERVICE CREDITS: MAIL DOG also provides various custom services including, but not limited to: formatting, graphics, list management, reporting and technical development. These services are billed at the hourly rate specified in the MAIL DOG Pricing Schedule and are subject to change without prior notice. YOU agree to pay MAIL DOG for any and all custom services provided at your request.
11. INDEMNIFICATION. Each party agrees to indemnify, defend and hold harmless the other from and against any and all liabilities, losses, claims, demands and actions arising out of any claim or suit brought against the indemnified party by a third party for personal injury, or tangible personal property loss, to the extent caused by the negligence or willful misconduct of the indemnifying party under this Agreement. Mail Dog shall promptly notify Advertiser in writing of all such claims and shall accommodate all reasonable requests for cooperation and information.
12. CONFIDENTIALITY. Unless expressly authorized by the other party, neither party shall disclose to any third party any information nor materials provided by the other party under this Agreement or use such information in any manner other than to perform its obligations under this Agreement. The foregoing restrictions do not apply to any information that is in the public domain or previously in the receiving party’s possession, in each case other than as a result of a breach of confidentiality obligations of the receiving party or of a third party.
13. WARRANTIES & DISCLAIMER. MAIL DOG IS PROVIDING ITS SERVICES, “AS IS” WITHOUT WARRANTY OF ANY KIND. MAIL DOG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. MAIL DOG DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. IN NO EVENT WILL MAIL DOG BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU, OR FOR ANY CLAIM BY ANY OTHER PARTY. MAIL DOG SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, UNDER ANY LEGAL OR EQUITABLE THEORY, TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE.
14. LIMITATION OF LIABILITY. EXCEPT FOR EACH PARTIES INDEMNIFICATION OBLIGATIONS SET FORTH HEREIN; IN NO EVENT SHALL EITHER PARTY HERETO BE LIABLE TO THE OTHER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT, THE PERFORMANCE OR NONPERFORMANCE BY EITHER PARTY OF ITS OBLIGATIONS HEREUNDER, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMIT OF MAIL DOG’S LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE OR OTHERWISE) FOR ANY AND ALL CLAIMS RELATED TO AGREEMENT SHALL NOT IN THE AGGREGATE EXCEED THE MONTHLY SERVICE FEES PAID TO MAIL DOG FOR SERVICES RENDERED UNDER THIS AGREEMENT.
15. RELATIONSHIP OF PARTIES. Nothing in this Agreement will create any partnership, joint venture, agency, franchise, or employment relationship between YOU and MAIL DOG. YOU shall have no authority under this Agreement to make or accept any offers on behalf of MAIL DOG or to make any representations binding upon MAIL DOG.
16. TERMINATION. For email clients, either party may terminate this Agreement at any time with or without cause upon 30-days notice except in the case where MAIL DOG terminates the agreement for violations of its Ant-Spam Policy, Privacy Policy or Content Policy in which case termination of this agreement and all MAIL DOG services will be immediate and YOU agree that any and all deposits on account will be forfeited. Online video account holders are subject to a 12-month contract service term. Early termination will result in an early-termination fee equal to 50% of the remaining months in the contract service fee. Notice of termination may be sent to MAIL DOG’s email address or to the email address, which YOU supply to MAIL DOG in the Account section of MAIL DOG. Upon termination, all rights granted to either party as set forth in this Agreement shall cease and terminate.
17. MISCELLANEOUS. This Agreement shall be governed and construed by the laws of the State of Florida, excluding conflict of law principles. Any action or proceeding arising out of or pertaining to this Agreement must be brought in state or federal court located in Pinellas County or Hillsborough County, Florida, and both parties irrevocably submit to the exclusive jurisdiction of such courts. YOU may not assign this Agreement without MAIL DOG’s prior written consent, which consent shall not be unreasonably withheld. This Agreement may not otherwise be amended except in a writing signed by both parties. YOU shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of MAIL DOG’s services. This Agreement sets forth the entire understanding of the parties and supersedes all prior proposals or agreements with respect to the subject matter hereof.
18. ACCEPTANCE. By completing the MAIL DOG Account Set-up process, YOU acknowledge and agree to all the terms and conditions set forth above and your use of any portion of the MAIL DOG services shall be in accordance with said terms and conditions and that YOU shall be bound by the same.
