2. General Conduct
You, and not Email-Camp.com, are entirely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, trademarks, logos, images or other materials posted, displayed, transmitted or delivered through your account using the Services or delivered to Email-Camp.com to provide you with the Services (“Your Content”). Email-Camp.com is not responsible for controlling Your Content posted, displayed, transmitted or delivered via the Services. You hereby guarantee the accuracy, integrity and quality of any and all of Your Content posted or delivered via the Services through your account. You represent and warrant that your account will not be used to post, display, upload or otherwise transmit:
a. any content related to inappropriate subject matters or content which is misleading;
b. any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
c. any content that you do not have a right to post and transmit under any law or contractual /fiduciary relationships;
d. any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
e. any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
f. any materials which impose an unreasonably large load on Email-Camp.com’s infrastructure;
g. any content that is harmful to minors;
h. content that is misleading or impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
i. content with manipulated, forged or disguised identifiers;
j. content promoting harm or providing instructional information about illegal activities;
k. content that might be considered "spam";
k. emails in violation of Email-Camp.com’s then-current Anti-Spam Policy and/or these Terms of Service; and
l. emails that contain fraudulent or deceptive subject lines, headers, or return addresses.
m. content that is harmful to the King and Thailand’s royal families.
3. Restrictions and Responsibilities
3.1 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. The Services shall be used for your internal business (which includes civic or charitable) purposes only and you shall not use the Services or any Software for timesharing or service bureau purposes or otherwise 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.
3.2 You acknowledge and agree that the Services and the Email-Camp.com company names and logos and all related product and service names, design marks and slogans, are the property of Email-Camp.com or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Email-Camp.com. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in Email-Camp.com or its third party suppliers, as the case may be.
3.3 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). 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 Email-Camp.com against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) 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. Although Email-Camp.com has no obligation to monitor the content provided by you or your use of the Services, Email-Camp.com 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.
3.4 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates the laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party's intellectual property rights.
3.5 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Email-Camp.com. Email-Camp.com 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.
3.6 Email-Camp.com will not use any of your subscriber lists or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties. In addition, Email-Camp.com will not use your customer information for the purpose of sending unsolicited commercial e-mail.
3.8 You may not use Email-Camp.com to distribute illegal contests, pyramid schemes, chain letters, or multi-level marketing campaigns
3.9 You may not use Email-Camp.com to send email campaigns that link to or display nudity, obscene content, gambling related content, pharmaceutical related content, illegal software, viruses, or to distribute any other content that we deem inappropriate.
4.1 You may terminate this Agreement at any time by sending an e-mail message to email@example.com. Correspondence must include your first name, last name, and Email-Camp.com username. No refunds will be issued if you terminate this agreement. You may also ask for deletion of your data and we will proceed to delete within 7 business day upon notice; otherwise your data may reside in our application until Email-Camp.com deem necessary to remove them.
4.3 Email-Camp.com may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Email-Camp.com shall have no liability to you or any third party because of such termination. If Email-Camp.com terminates this agreement because you violated the Anti-Spam policy, no refund will be issued.
4.3 Email-Camp.com may delete any of your archived data within 30 days after the date of termination or when deem necessary. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
4.4 Your email credits may be expired after 365 days after purchased. When an account is classified (at Email-Camp.com's sole discretion) as expired, Email-Camp.com will flag that account as expired. EXPIRED ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER SIGNUPS, MAY BE PERMANENTLY REMOVED FROM THE EMAIL-CAMP.COM DATABASE.
5. Warranty Disclaimer; Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. Email-Camp.com 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 Email-Camp.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for Email-Camp.com to use commercially reasonable efforts to adjust or repair the Services.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Email-Camp.com OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "Email-Camp.com ") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF Email-Camp.com 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, Email-Camp.com IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF Email-Camp.com TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
7.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
7.2 Email-Camp.com and you agree that the 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, 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.
7.3 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 Email-Camp.com in any respect whatsoever.
7.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
7.5 The Agreement shall be governed by the laws of the Thailand 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 Bangkok, Thailand.
8. Email and Permission Practices
8.1 Every email message sent in connection with the Services must contain an "unsubscribe" link or other mechanism that allows subscribers to remove themselves from your mailing list. 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 in form and substance satisfactory to Email-Camp.com. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link.
8.2 You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used; please contact Email-Camp.com if you have questions).
8.3 You cannot mail to distribution lists, newsgroups, or spam email addresses.
8.4 You are responsible for monitoring, correcting, processing unsubscribe requests within 10 days, and updating the email addresses to which messages are sent through your Email-Camp.com account.
8.5 Emails that you send through the Service may generate abuse complaints from recipients. As a matter of privacy, Email-Camp.com 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 abuse complaints in excess of industry norms. Email-Camp.com, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.
8.6 Email-Camp.com, at its own discretion, may immediately disable your access without refund to the Services if Email-Camp.com believes in its sole discretion that you have violated any of the email and permission practices listed above, or the Email-Camp.com Anti-Spam Policy.
9.1 Confidential Information. “Confidential Information” means the (i) the Software, and (ii) all business and technical information not generally known to the public and labeled as “Confidential” or “Proprietary” by a party hereto. “Confidential Information” does not include information that is or becomes generally known or available to the public through no fault of the receiving party, is demonstrably known to the receiving party at the time of disclosure without violation of any confidentiality restriction and without any restriction on receiving party’s further use or disclosure, or is independently developed by the receiving party.
9.2 Restrictions. Each party will not: (i) use the other’s Confidential Information except as necessary to perform their obligations under these Terms of Service; (ii) disclose the other’s Confidential Information to any third party except to its employees as is reasonably required in connection with the party’s obligations or rights under these Terms of Service or to the extent necessary to comply with an order from a court, administrative agency or governmental body, provided reasonable notice is given to the other so that the other may contest such order or requirement; and (iii) fail to protect the other’s Confidential Information in a manner less protective of than how it protects its own Confidential Information, and no event in a manner that is less than a reasonable amount of care. Upon termination of these Terms of Service, each party will destroy or return to the other party all of the other’s Confidential Information in its possession.
If you have any questions about our Anti-Spam Policy, or if you want to report spamming activity by one of our customers, please contact us at: