EMAIL MARKETING SERVICES POLICY

Last revised: February 11, 2019

OVERVIEW

This Email Marketing Service Agreement (this “Agreement”) is made by and between Kenotronix and you, and is effective on the date of electronic acceptance. This Agreement sets out the terms and conditions of your use of the Email Marketing Services (the “Services”) and represents the entire agreement between you and Kenotronix regarding the subject matter hereof.

Your electronic acceptance of this agreement signifies that you have read, understood, acknowledged and agreed to be bound by this agreement, as well as by our Universal Terms of Service agreement, which is incorporated herein by this reference, and any other agreements. or policy which is expressly incorporated herein.

The terms “we”, “us” or “our” refer to Kenotronix. The terms “you”, “your”, “user” or “customer” refer to any person or entity who accepts this agreement. Nothing in this Agreement shall be deemed to confer any rights or benefits on third parties.

We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements incorporated therein, as well as any limit or restriction on the Services, at any time, and such changes or modifications shall be effective immediately. after their publication on this site. Your use of the Services after such changes or modifications will constitute your acceptance of this Agreement and any limitation of the Services as last revised. If you do not agree to be bound by this Agreement and the limitations of the Service as last revised, do not continue to use the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your customer account information up to date. We assume no responsibility for your inability to receive email notification if such failure results from an incorrect email address.

SERVICES

Email marketing services allow corporate websites, small business websites, community sites and individual sites to register website visitors, collect and store visitor subscription information, and create and conduct email communications with their contacts.

The number of contacts in your account is measured by Kenotronix.

All subscription plan prices are subject to change at any time.

Monthly fees will be charged even if your account has not been used to send emails.

It is understood that Kenotronix does not guarantee that HTML messages will be rendered correctly on all recipients’ email programs, due to the wide variety of HTML generation tools available. Kenotronix does everything possible to ensure that all email messages sent through our servers meet email standards, but we cannot guarantee that messages will be consistent across all email platforms. For example, if you use Microsoft Word to generate HTML e-mail messages, recipients of your message using a non-Microsoft e-mail application may have difficulty reading your message. For best results, Kenotronix recommends, but does not guarantee, the use of HTML editors that generate HTML that conforms to W3C standards.

ANTI-SPAM POLICY

You may not at any time use the Services to send unsolicited electronic messages (sometimes referred to and hereinafter referred to as “spam” or spam, spam). All messages sent through your use of our Services must comply with the terms of this Agreement and must be used only for lawful purposes in accordance with all other applicable Canadian, provincial, local and international laws governing your business, your operations and activities. , which may include (1) the US CAN-SPAM Act of 2003 (“CAN-SPAM”), (2) Canada’s Anti-Spam Legislation (“CASL”), or (3) the policies and laws of other jurisdictions related to unsolicited email, spam, privacy, obscenity or defamation, copyright and trademark infringement, child protection email registry laws, laws relating to advertising, sales or promotional efforts or practices, redemption, refunds and provision of your products or services and laws which govern false, unfair and deceptive practices, etc. Click on the links provided for more information on compliance with CAN-SPAM or CASL .

We have a zero tolerance anti-spam policy. Notwithstanding anything to the contrary in the Universal Terms of Service Agreement, you acknowledge and agree that we may immediately terminate or cancel any account, product or service, including your use of the Services, which we believe, in our sole and absolute discretion, transmits or is otherwise related to any spam or other unsolicited mass email activity. We reserve the right without notice to take all measures of any kind (whether legal, technical or otherwise) to prevent unsolicited bulk email and / or other unauthorized emails, messages or campaigns. to enter, use or remain in our network. Accounts, products or services terminated or canceled in connection with spam or other unsolicited mass email activity are not eligible for a refund.

The content that you include in any email must be accurate and you may only use the Services to send emails to customers and contacts who have expressly agreed or given you legal permission to send them emails. If you don’t have written proof that each recipient on your contact list has expressly agreed or given you permission to send them emails, they should not be included in any email marketing campaign. You must be able to provide an acceptance check for each contact for each email marketing campaign.

We prohibit the use of third party mailing lists, purchased, rented or harvested. You don’t have to send emails (i) to newsgroups, message boards, mailing lists or unsolicited email addresses, or (ii) to any recipient who has unsubscribed, unsubscribed or objected to the receipt of such emails from you or from another party on whom on behalf of you may be appointed. To the extent that the Services include features that allow you to ask a recipient to confirm that you have the recipient’s permission to send messages to that recipient (assuming that such use is permitted by laws that you are applicable), and this recipient has not responded or does not have an affirmative response to such confirmation request, you agree not to send messages to this recipient.

You acknowledge and agree that we have the right, but not the obligation, to copy and / or store your contact lists, customer and contact information, and other information as necessary. We will not use this information in a way that violates our privacy policy .

USE OF APPROPRIATE MESSAGING CONTENT

You represent and warrant that the information you use in any email marketing campaign, including header, subject line and content, is not false, misleading or misleading. Specifically, you agree (1) to include a valid and correct physical address and other contact information required by applicable law (for example, a secondary contact, such as a telephone number, as required by LCAP), (2) to ensure that you provide a valid, accurate, and non-misleading identification of your organization in the “from” and “reply to” address in each email as the only person sending or causing the email to be sent using our services and (3) to ensure the “subject” line of any message sent is not misleading or misleading with respect to the subject line of the email message itself.

Each commercial electronic message sent using our Services must include an “unsubscribe” link that allows subscribers to opt out of your mailing list. You agree not to remove or disable this link while using our Services. You must comply with and be responsible for honoring all unsubscribe requests within ten (10) business days of receiving them and the unsubscribe method used must be able to process unsubscribe requests for a minimum of sixty (60) days after sending the email. Generally, you cannot charge a fee, require the recipient to give you personally identifying information beyond an email address, or force the recipient to take any action other than sending the email. a reply email or a single page visit to a website as a condition of honoring an unsubscribe request.

PROHIBITED USE

You acknowledge and agree that you must not use the Services to request, collect or send nonpublic or personally identifiable information about another user or any other person without their express prior written consent (or parental consent in the case of a minor), illegal information, or any other information that you do not have the right to request, collect or distribute.

You may not use Kenotronix to send email campaigns that link or display pornography, other sexually explicit content, illegal goods or services, pyramid schemes, chain letters, multi-level marketing campaigns, affiliate and network marketing material, or any other content that we deem inappropriate. You cannot leverage the Kenotronix service agreement by systematically uploading, sending, deleting, then replacing contacts in order to send to more unique email addresses than what you have allowed for your service level.

Unfortunately, some industries generate higher than normal abuse rates, which can negatively impact deliverability for other Kenotronix users. In order to maintain the highest possible delivery rates for all of our users, Kenotronix is unable to ship on behalf of certain industries and shippers. This includes, but is not limited to, the following:

• Pharmaceutical products
• Work from home, earn money online and generate lead generation opportunities
• Online trading, day trading tips, or stock market related content
• Services, products or game tips
• Multi-level marketing (MLM)
• Affiliate Marketing
• Credit repair and getting out of debt opportunities
• Mortgage and loan content
• Nutritional, herbal and vitamin supplements
• List of brokers or list of rental services
• Counterfeit or “imitable” products that appear to be another brand
• Pornography of any kind or links to subscribe to pornographic sites
• Any content intended for children under 13

It is the sender’s responsibility to ensure that their content meets these guidelines. Kenotronix may monitor your account to ensure that these terms are met and that it operates within acceptable standards for the industry and the email providers you send to.

INACTIVITY

If you do not log into your account for more than 120 days, the account will become inactive. When an account is classified (in Kenotronix’s sole discretion) as inactive, Kenotronix will mark that account as inactive.

INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER ENTRIES, MAY BE PERMANENTLY DELETED FROM THE KENOTRONIX DATABASE.

INDEMNIFICATION AND LIMITATION OF LIABILITY

You expressly agree and acknowledge that, except as modified by this Agreement, your use of the Services is subject to all of our Universal Terms of Service, and in particular the sections governing the Kenotronix Limitation of Liability and your obligations. compensation arising out of or related to your use of the Services.