Acceptable Use

CLIENT AGREEMENT AND SYSTEM LICENSE TERMS

eNox Marketing provides small-medium sized businesses and organizations with a variety of tools and resources to collect visitor e-mail addresses and to create, launch, and manage online e-mail campaigns.

The following are the terms and conditions for use of the Services. By clicking the 'I accept these terms and conditions' button on the sign-up page or by logging in to eNox Marketing, you accept these terms and conditions.

1. Acknowledgements. Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:

2. Services and Support

• The Services are provided subject to this Agreement, as it may be amended by eNox Marketing, as deemed necessary. eNox Marketing may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service or at eNox Marketing's website.
• The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18.
• You must complete the registration form on the Sign Up page in order to use the Services. You will provide true, accurate, current, and complete information as requested in the registration form. You are responsible for maintaining the security of your account, passwords, and files.

3. Fees and Payment

• Fees will be billed monthly or your pre-paid account will be debited monthly for the Services will be billed monthly at a rate subject to your specific package. The Fees are based on the highest number of subscribers in your account at any time during the previous month. You will also be billed for premium image hosting services if you have selected this option. The Fee Schedule is subject to change at eNox Marketing's discretion. eNox Marketing will attempt to notify you via e-mail prior to the effectiveness of any change to the Fee Schedule.
• Payment for the Services will be made by a valid credit card accepted by eNox Marketing. Fees are payable in US dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize eNox Marketing to charge your credit card for such amounts on a regular monthly basis beginning at the end of your free trial period. If eNox Marketing is, for any reason, unable to effect automatic payment via your credit card, eNox Marketing will attempt to notify you via e-mail and your eNox Marketing account will be disabled until payment is received. Amounts paid for the Services are not refundable.
• You acknowledge and agree that you are responsible for paying Fees for all e-mail messages sent through eNox Marketing, regardless of whether delivery of such messages to their intended recipients is prevented or blocked by a third party.

4. E-mail, Image Hosting & Permission Practices

• Every e-mail message sent in connection with the Services must contain an "unsubscribe" link that allows subscribers to remove themselves from your mailing list and a link to the then current E-mail Privacy Policy. Each such link must remain operational for a period of thirty (30) days after the date on which you send the message, and must be satisfactory to eNox Marketing in form and substance. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link.
• You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used).
• If you have used the eNox Marketing feature that allows you to request a recipient to confirm that you have his or her permission to send e-mails 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 e-mails to that recipient.
• You cannot mail to distribution lists, newsgroups, or spam e-mail addresses. You cannot copy an eNox Marketing template or any other features or functionality from the Service and use them for any purpose other than sending e-mails from the Service.
• You are responsible for monitoring, correcting, processing unsubscribe requests within 10 days, and updating the e-mail addresses to which messages are sent through your eNox Marketing account.
• E-mails that you send through the Service may generate abuse complaints from recipients. As a matter of privacy, eNox Marketing cannot share with you the e-mail addresses of those who complain about your e-mail campaign. You are responsible for ensuring that your e-mail campaigns do not generate a number of abuse complaints in excess of industry norms.
• Images hosted by eNox Marketing may only be used in connection with the Service and for no other purpose whatsoever.
• You are responsible for complying at all times with the eNox Marketing Prohibited Content and Commerce Policy.
• eNox Marketing, at its own discretion, may immediately disable your access without refund to the Services if eNox Marketing believes in its sole discretion that you have violated any of the e-mail and permission practices listed above, or the ENox Marketing Prohibited Content and Commerce Policy.

5. Restrictions and Responsibilities

• eNox Marketing will not use your customer list or any other customer information for any purposes other than those intended by the service. Your customer information will not be shared with any other parties unless required by law.
• This is an Agreement for Services, 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 Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
• You may not display, copy, reproduce, or distribute the Software, any component thereof, or any documentation provided in connection with the Services or the Software. Violation of these restrictions may result in the termination of this Agreement.
• The Services shall be used for your internal business purposes only, and you shall not use the Services or any Software for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
• You acknowledge and agree that the Services and the eNox Marketing company names and logos and all related product and service names, design marks and slogans (collectively, the "Marks"), are the property of eNox Marketing. You are not authorized to use any of the Marks in any commercial manner without the prior written consent of eNox Marketing.
• You represent that you will use the Service only in compliance with the Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws. You agree you will not access or otherwise use third-party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. You hereby agree to indemnify and hold harmless eNox Marketing against any damages, losses, liabilities, settlements, and expenses in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. In addition, you acknowledge and agree that eNox Marketing has the right to seek damages when you use the Services in a manner inconsistent with the terms of this Agreement. Although eNox Marketing has no obligation to monitor the content provided by you or your use of the Services, eNox Marketing may do so and may remove any such content or prohibit any use of the Services it believes may be or is alleged to be in violation of the foregoing.
• For every e-mail message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating "Powered by eNox Marketing" or a similar message. You agree to cooperate with and provide reasonable assistance to eNox Marketing in promoting and advertising the Services.
• In using the varied features of the Services, you may provide information to eNox Marketing. eNox Marketing may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you.

6. Termination

• You may terminate this Agreement at any time by calling eNox Marketing Customer Support. There are no refunds for any fees paid.
• eNox Marketing may terminate this Agreement or the Services, 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. eNox Marketing shall have no liability to you or any third party because of such termination or action.
• eNox Marketing will delete any of your archived data within 30 days after the date of termination. After termination, you are required to process all unsubscribe requests within 30 days of your last e-mail campaign. eNox Marketing will provide upon request the list of unsubscribe requests from your last campaign. 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 as inactive for over 120 days, eNox Marketing has the right to permanently remove your subscriber data. eNox Marketing will attempt to contact you via e-mail prior to taking any permanent removal actions.

7. Warranty Disclaimer; Remedies

• USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, IS AT YOUR SOLE RISK. ENOX MARKETING 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. THE SERVICES ARE PROVIDED "AS IS" AND ENOX MARKETING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.
  
  Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for eNox Marketing to use commercially reasonable efforts to adjust or repair the Services.

8. Limitation of Liability

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL ENOX MARKETING BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, EVEN IF ENOX MARKETING SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, ENOX MARKETING IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE, THE LIABILITY OF ENOX MARKETING TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

9. Export of Services or Technical Data

• You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.

10. Miscellaneous

• If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited to the maximum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
• 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 the Agreement.
• No agency, partnership, joint venture, or employment is created by this Agreement, and you do not have any authority to bind eNox Marketing in any respect whatsoever.
• In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
• The Agreement shall be governed by the laws of the State of Florida, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Florida.
• eNox Marketing is a trade name of Professional Equipment Incorporated.