EMAIL MARKETING T&Cs
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE AND TO THE PRODUCTS. BY USING THIS WEB SITE 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 DO NOT USE THIS WEB SITE OR THE PRODUCTS.
Three Steps Business Pty Ltd, (“Three Steps Business Pty Ltd”) provides businesses and organizations with (i) to create, launch, and manage online email campaigns (the “eMail Marketing Product”). The eMail Marketing Product, and any related offerings are referred to in these Terms and Conditions of Use as the “Products”). Three Steps Business Pty Ltd’s Products may not be used for the sending of unsolicited email (sometimes called “spam”). See our Anti-Spam Policy, which is incorporated into these Terms and Conditions of Use by reference.
The following are the terms and conditions of Use for access to this web site and use of the Products. By clicking the ‘I accept’ button on the sign-up page, by logging in to your Three Steps Business Pty Ltd account or by accessing the Three Steps Business Pty Ltd services via any API interface, you accept these terms and conditions of Use.
- Representations and Acknowledgements
You hereby REPRESENT, ACKNOWLEDGE and AGREE that:
- The Products may not be used for the sending of UNSOLICITED EMAIL (sometimes called “spam”).
- The Products may only be used for lawful purposes.
- The eMail Marketing Product will be subject to monthly subscription fees
- You agree to import, access or otherwise use only lists for which all listed parties have consented to receive correspondence from you (“PERMISSION BASED LISTS”) in connection with your use of the Products. Mere agreement of a person or entity to participate in a survey is not consent to receive correspondence from you. For respondents to your surveys, consent to receive other correspondence is evidenced by the respondent opting into the “Join My Mailing List” link in the course of responding to your survey. You hereby covenant that you shall not use any other lists in connection with your use of the Products.
- You acknowledge and agree that not all email messages sent through use of the Products will be received by their intended recipients.
- Every email message sent by you in connection with the Products must contain the Three Steps Business Pty Ltd “UNSUBSCRIBE LINK” that allows the recipient to remove themselves from your mailing list.
- You will comply with the RESTRICTIONS ON CONTENT OF EMAIL MESSAGES and activities using the Products as set forth or referenced in this Agreement.
- You acknowledge and agree that you are the sole or designated “sender” (as such term is defined in the CAN-SPAM Act of 2003 and any rules adopted under such act) of any email message sent by you using the Products.
- You agree that the “FROM” line of any email message sent by you using the Products will accurately and in a non-deceptive manner identify your organization, your product or your service.
- You agree that the “SUBJECT” line of any email message sent by you using the Products will not contain any deceptive or misleading content regarding the overall subject matter of the email message.
- You agree to include in any email message sent by you using the Products your valid “PHYSICAL ADDRESS”, which may be a “VALID POST OFFICE BOX” meeting the registration requirements established by the Postal Service of that country.
- You agree that in any email message sent by you using the Products you will not include any INCENTIVES (e.g., COUPONS, DISCOUNTS, AWARDS) that encourage a recipient to forward the email message to another recipient.
- If you are accessing or using the Products through a third party service or web site (“Third Party Service”), you will abide by these Terms and Conditions of Use regardless of anything to the contrary in your agreement with such third party. You shall not use such Third Party Service to avoid the restrictions set forth in these Terms and Conditions of Use.
- Products and Support
The Products are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Products are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Products. If you are using the Products in your capacity as an employee, you must have the ability to bind your employer by your use of the Product. You shall provide true, accurate, current, and complete information about yourself as requested in the registration form. You may from time to time provide Three Steps Business Pty Ltd’s service personnel with remote access to your computers and other systems for the purpose of troubleshooting issues that arise in your use of the Products. You hereby waive any claim for damages from any problems that may arise from such access, including without limitation any disruption or damage caused by Three Steps Business Pty Ltd or its personnel.
If you are accessing or using the Products through a THIRD PARTY SERVICE, you agree and acknowledge that Three Steps Business Pty Ltd is not responsible or liable for any actions of such third party or for any aspect or result of such Third Party Service. You use such Third Party Service at your own risk. You further agree and acknowledge that Three Steps Business Pty Ltd may terminate such Third Party Service’s ability to interact with the Products at any time, with or without notice, and in Three Steps Business Pty Ltd’s sole discretion, with no liability to you or the third party.
- Email, Permission Practices, Image Hosting & Prohibited Content
3.2 Permission Practices. You agree to import access or otherwise use only Permission Based Lists in connection with your use of the Products. You hereby covenant that you shall not use any other lists in connection with your use of the Products. If you have used the Three Steps Business Pty Ltd feature that allows you to request a recipient to confirm that you have his or her permission to send emails to him or her, and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send emails to that recipient. Without limiting the foregoing, you agree that you shall not utilize the Product to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has OPTED-OUT or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting. You cannot mail to distribution lists, newsgroups, or spam or unsolicited email addresses. You cannot copy an Three Steps Business Pty Ltd template or any other features or functionality from the Products and use them for any purpose other than sending email messages from the Products. Emails that you send through the Product may generate spam complaints from recipients. As a matter of privacy, Three Steps Business Pty Ltd cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of spam complaints in excess of industry norms. Three Steps Business Pty Ltd, in its sole discretion, shall determine whether your level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. Three Steps Business Pty Ltd will terminate your use of its Products if Three Steps Business Pty Ltd determines that your level of spam complaints is higher than industry norms.
3.3 Footers. For every email message sent in connection with the Products, you acknowledge and agree that Three Steps Business Pty Ltd may add an identifying footer stating “Email Marketing by Three Steps Business Pty Ltd,” “Powered by Three Steps Business Pty Ltd” or a similar message unless otherwise agreed.
3.4 Images. Images hosted by Three Steps Business Pty Ltd on Three Steps Business Pty Ltd controlled servers may only be used in connection with the Products and for no other purpose whatsoever. To the extent you use images provided by Three Steps Business Pty Ltd, Three Steps Business Pty Ltd hereby grants to you a limited, non-exclusive, non-transferable sublicense to use the images in an unaltered state solely in connection with your use of the Products.
3.5 Prohibited Content. Three Steps Business Pty Ltd prohibits the use of the Products or web site by any person or entity that:
- 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.
- Displays or markets material that exploits children, or otherwise exploits children less than 18 years of age.
- 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, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers, DJ/nightclub, event/club promotions/party lists, 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.
- 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.
- 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).
- Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
- Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
- Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting “get rich quick”, “build your wealth” and “financial independence” offerings.
- Engages in any libelous, defamatory, scandalous, threatening, harassing activity.
- 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.
- Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.
3.6 Right to Disable Access. Three Steps Business Pty Ltd, at its own discretion, may immediately disable your access to the Products without refund if Three Steps Business Pty Ltd believes in its sole discretion that you have violated any of the policies listed above or elsewhere in this Agreement.
- Restrictions and Responsibilities
4.1 No Rights in Software. This is an Agreement for services and access to this web site, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Products or any software, documentation, or data related to the Products (“Software”); remove any proprietary notices or labels from the Products or any Software, modify, translate, or create derivative works based on the Products or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Products or any Software.
Unless you are an authorized reseller of the Products, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Products or the Software, or any content, including but not limited to newsletters, distributed to you by Three Steps Business Pty Ltd in connection with the Products.
Violation of these restrictions may result in the termination of this Agreement.
4.2 Permitted Use of the Products. The Products shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Products or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Products in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software or Products, then you hereby covenant that, prior to engaging in such activities, you will first request that Three Steps Business Pty Ltd perform such work at its standard professional services rates.
Three Steps Business Pty Ltd can then decide either: (i) to perform the work in order to achieve such interoperability and charge its then standard rates for such work to you; or (ii) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability or (iii) provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities despite a contractual prohibition on such activities.
4.3 Compliance with Laws; Monitoring. You shall use the Products only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and regulations there under and all other applicable State, Local, National and international laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation, copyright and trademark infringement and child protective email address registry laws). Although Three Steps Business Pty Ltd has no obligation to monitor the content provided by you or your use of the Products, Three Steps Business Pty Ltd may do so and may block any email messages, remove any such content or prohibit any use of the Products that Three Steps Business Pty Ltd believes may be (or is alleged to be) in violation of the foregoing.
4.4 Indemnification. You hereby agree to defend, indemnify and hold harmless Three Steps Business Pty Ltd 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 you distribute using the Products or (iii) arises from your activities or postings on the Three Steps Business Pty Ltd Community, (iv)otherwise arises from or relates to your use of the Products. In addition, you acknowledge and agree that Three Steps Business Pty Ltd has the right to seek damages when you use 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.
4.5 Your Information. In using the varied features of the Products, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to Three Steps Business Pty Ltd. Three Steps Business Pty Ltd may use this information and any technical information about your use of the Products to tailor its presentations to you, facilitate your movement through the Product, or communicate separately with you. If you accessed the Products as a result of solicitation by a marketing partner of Three Steps Business Pty Ltd, Three Steps Business Pty Ltd may share your information with the marketing partner and the marketing partner may share related information with Three Steps Business Pty Ltd. Except as described above, Three Steps Business Pty Ltd will not provide your information, including your contact and account information, to third parties who you have not authorized to receive such information, except(i) as required by law or court order, including without limitation judicial process and law enforcement, or in the good-faith belief that such action is necessary to comply with law or a court order or (ii) if your Three Steps Business Pty Ltd account was terminated from due to unsolicited commercial email being sent from your Three Steps Business Pty Ltd account. Three Steps Business Pty Ltd will never sell or rent your contact lists to anyone without your permission and acknowledges your ownership right in your contact lists. In the event Three Steps Business Pty Ltd amends or revises the policy described in the immediately preceding sentence, it will provide advance notice of such amendment or revision.
4.6 Intellectual Property Rights in Your Content. You agree that you will not upload or transmit any contact lists, communications or content of any type to this web site or in connection with the Products that infringe, misappropriate or violate any rights of any party. By submitting ideas, concepts, inventions, or content to this web site or using them in connection with the Products, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to Three Steps Business Pty Ltd or to any third party using the Products, any communication or content that infringes or violates any rights of any party. If you submit any business information, ideas, concepts or inventions or content to Three Steps Business Pty Ltd by email, you agree such submission is non-confidential for all purposes. If you make any submission to this web site or if you submit any business information, idea, concept or invention to Three Steps Business Pty Ltd by email, you automatically grant—or warrant that the owner of such content or intellectual property has expressly granted—Three Steps Business Pty Ltd a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any manner.
You may terminate this Agreement at any time by calling Three Steps Business Pty Ltd Customer Support. There are no refunds for any fees paid. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND Three Steps Business Pty Ltd 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.
- Three Steps Business Pty Ltd 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.
- Three Steps Business Pty Ltd shall have no liability to you or any third party because of such termination or action.
- Three Steps Business Pty Ltd may delete any of your archived data within 30 days after the date of termination. After termination, you shall process all unsubscribe requests within 30 days of your last email campaign.
- Three Steps Business Pty Ltd will provide upon request the list of unsubscribe requests from your account. Under the CAN-SPAM Act of 2003, you acknowledge that you are responsible for maintaining and honoring the list of unsubscribes requests following termination of your account and this Agreement. 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.
- If your account is classified (at Three Steps Business Pty Ltd’s sole discretion) as inactive for over 120 days, Three Steps Business Pty Ltd has the right to permanently delete your subscriber data. Three Steps Business Pty Ltd will use good faith efforts to contact you via email prior to taking any permanent removal actions.
- Username and Password
You are responsible for maintaining the security of your account, passwords, and files. Three Steps Business Pty Ltd will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password on-line, by email or by phone, or through a Third Party Service, if any, through which you access the Products. Three Steps Business Pty Ltd has no knowledge of your organizational structure, if you are registering for the Products as an entity, or your personal relationships, if you are a person. Three Steps Business Pty Ltd shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password.
- Forward-Looking Statements
You acknowledge that this web site contains “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995 regarding Three Steps Business Pty Ltd. These forward-looking statements regarding Three Steps Business Pty Ltd are made as of the date they were first issued and were based on current expectations, estimates, forecasts and projections as well as the beliefs and assumptions of Three Steps Business Pty Ltd management. Words such as “expect,” “anticipate,” “should,” “believe,” “hope,” “target,” “project,” “goals,” “estimate,” “potential,” “predict,” “may,” “will,” “might,” “could,” “intend,” variations of these terms or the negative of these terms and similar expressions are intended to identify these forward-looking statements. Forward-looking statements are subject to a number of risks and uncertainties, many of which involve factors or circumstances that are beyond Three Steps Business Pty Ltd’s control. Three Steps Business Pty Ltd’s actual results could differ materially from those stated or implied in forward-looking statements due to a number of factors, including those risk factors contained in documents that may be filed by Three Steps Business Pty Ltd from time to time with the Securities and Exchange Commission, including but not limited to Three Steps Business Pty Ltd’s Annual Report
8.1 Three Steps Business Pty Ltd and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
8.2 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Three Steps Business Pty Ltd in any respect whatsoever.
8.3 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.
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