ESP Terms of Use

ESP is a tool that helps small-business do-it-yourselfers send email marketing (newsletters, promotions, etc) to their customer lists. ESP may not be used for sending unsolicited email.

The following are the terms and conditions for using ESP. By registering to use ESP, or by logging into the ESP system, you accept these terms and conditions.

Rules of Use

1. All email campaigns you send through our system comply with all elements of the federal CAN-SPAM Act of 2003 (http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm).
2. You may not use third party mailing lists with ESP.
3. You will not use ESP to send email to recipients that you "scraped" or "aggregated" from websites or membership lists, publications, etc. You can only send to people that specifically requested to receive emails from you.
4. You may not use ESP to send emails to lists that use(d) the "opt-out" method.
5. Every email campaign you send through ESP must contain your physical mailing address
6. You will not falsify your contact information in your email campaigns
7. You will not enter false or misleading information in your subject line
8. Every email message you send through our system will contain a link or instructions that allow recipients to remove themselves from your list.
9. You agree to process any unsubscribe or opt-out request from recipients within 10 business days
10. You may only use ESP to send emails to recipients that have voluntarily registered to receive emails from you
11. You will not use misleading or false contact information in your email campaigns
12. You will not use ESP to harass, threaten, embarrass, cause distress, unwanted attention, or discomfort to any person or entity
13. You will not use ESP to violate any applicable government laws or regulations
14. You will not use ESP for anything unlawful, or prohibited by our Terms of Use
15. This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not reverse engineer, decompile, disassemble, or attempt to discover the source code, object code, or underlying structure, ideas, or algorithms within our system.
16. You own the rights to use all content that you distribute via ESP
17. The User accepts full and sole liability for conforming to the law, and will in no way hold ESP or Tiger Interests, Inc. liable in whole or in part if the user fails to conform to the law.
18. You may not use ESP to distribute illegal contests, pyramid schemes, chain letters, or multi-level marketing campaigns
19. You may not use ESP to send email campaigns that link to or display nudity, obscene content, illegal software, viruses, or to distribute any other content that we deem inappropriate.
20. You grant ESP the right to publish your name in connection with your use of our service
21. If we receive complaints about your emails, we reserve the right to review your campaigns and cancel your account
22. If you host your own list and use ESP solely for delivery, you agree to make a reasonable effort to keep it maintained, such as by regularly removing undeliverable email addresses and honoring unsubscribe requests
23. If we host your email list, and a recipient requests to be removed from your list, you agree to remove that person from your list within 10 business days
24. We reserve the right to review all customer content and accounts for violation of terms
25. You may not use ESP to send unsolicited bulk email, whether for commercial or non-commercial use
26. You may not use ESP to send email marketing unless you have completed the account registration form, and have agreed to our terms of use.

Prohibited Content

1. Provide, sell or offer to sell the following products or content (or services related to the same): pornography or illicitly pornographic sexual products; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make weapons of any kind.
2. Display material that exploits children, or otherwise exploit children under 18 years of age
3. Post or disclose any personally identifying information or private information about children without their consent (or their parents consent in case of a minor)
4. Provide 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
5. Sell or promote any products or services that are unlawful in the location at which the content is posted or received
6. Introduce viruses, worms, harmful code and/or Trojan horses on the Internet
7. Promote, solicit or participate in multi level marketing
8. Engage in any libelous, defamatory, scandalous, threatening, harassing activity
9. Post 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

Eligibility

1. You must be at least 18 years of age to use ESP, and can form legally binding contracts under applicable law.
2. If you do not meet these eligibility requirements, you may not use the ESP service.
3. You must complete the registration process and agree to our terms of use in order to use ESP. All contact information you submit must be true, complete, and up to date.
4. ESP reserves the right to refuse service or to terminate accounts for any user, and to change eligibility requirements at any time, in its sole discretion

Your Privacy & Security

1. We will not contact your customer list or use it for any other reason than the normal ESP services. Your customer information will not be sold, rented, or shared in any way with any other parties unless required by law.
2. ESP performs regular backups of our system and of customer data, but ESP is not responsible for any of your data residing on our system. You are responsible for backing up your data and lists regularly.
3. You are responsible for maintaining the confidentiality of your username and password. You will immediately notify ESP of any unauthorized use of your account or any breach of security.
4. If ESP hosts your email list, we reserve the right to remove recipients from your list without your consent if we receive Spam complaints from a recipient, an ISP, or anti-spam service. We will notify you of such removals.
5. We reserve the right to share your name with anti-spam organizations, other email service providers, recipients of your list, or ISPs if there are Spam complaints in connection with your use of our system

Fees and Refunds

1. ESP reserves the right to change our fees at any time. We will attempt to send email notifications to users if and when we do, but you are responsible for checking the price list from time to time.
2. We do not provide refunds for unused email credits in user accounts.
3. We reserve the right to cancel accounts, or bar access to accounts, without refund, if users are found in violation of our terms.
4. If, for some reason, we are unable to process your credit card order, we will attempt to contact you by email and we will suspend usage of your account until your payment can be processed.
5. You agree to pay for all emails you send from your account, even if messages are blocked by any third party

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD THE Tiger Interests, INC., ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICE, USE OF YOUR ACCOUNT BY ANY THIRD PARTY, THE VIOLATION OF THE TERMS OF USE BY YOU, OR THE INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.

Disclaimer

THE ESP SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. Tiger Interests, INC. IS A DISTRIBUTOR AND NOT A PUBLISHER OF THE CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SITE; AS SUCH, Tiger Interests, INC. EXERCISES NO EDITORIAL CONTROL OVER SUCH CONTENT AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH OR ACCESSIBLE VIA THE SITE. WITHOUT LIMITING THE FOREGOING, Tiger Interests, INC. SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS AS THE PUBLISHER OF ANY CONTENT TRANSMITTED ON OR IN CONNECTION WITH THE SITE OR ON SITES THAT MAY APPEAR AS LINKS ON THE SITE, OR AS THE MANUFACTURER OF THE PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Tiger Interests, INC. NOR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THE LIKE SHALL CREATE A WARRANTY. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.