Background Information
AccessNewsOnline is a tool that helps people send email marketing (newsletters, promotions, etc) to their customers. The following are our terms and conditions for using AccessNewsOnline. By registering to use AccessNewsOnline, or by logging into the AccessNewsOnline system, you wholeheartedly accept these terms and conditions.

A. Permission-Based Lists Only
If you don't have permission to email the people on your list, you may not use AccessNewsOnline. If the first thing that comes to your mind is, "But what if..." then you probably do not have permission to send emails to your list. AccessNewsOnline is specifically built for permission marketing. There are other solutions out there that don't necessarily require permission. They merely require that you follow CAN-SPAM rules and minimal stuff like that. But at AccessNewsOnline, we're a little more strict. You must have permission from your list to send emails from AccessNewsOnline. That means:

    * You may not use AccessNewsOnline to send to lists that you purchased (even if they're "opt-in" and even if the list was "really expensive")

    * You may not use AccessNewsOnline to send to lists that you "scraped" from websites

    * You may not use AccessNewsOnline to send to lists that you merely exported from your address book (unless they gave you permission)

    * You may not use AccessNewsOnline to send to people who dropped their business cards in a fish bowl (unless they were told they were opting-in to your emails)

    * You may not use AccessNewsOnline to send to "lists of all attendees" that you got from a tradeshow host (unless these attendees specifically said they wanted to hear from you)

    * You get the idea. If people didn't specifically request to receive emails from you, it's not a permission-based list. It might be okay to still contact them, but not with AccessNewsOnline.

    * If you really want to use AccessNewsOnline, but you have a list that's not permission-based (a list of customers who haven't heard from you in a while, for instance), just use your own desktop email program to send them a personal invitation to join your list. Point them to your AccessNewsOnline signup form. If they choose to opt-in, you'll have proof of permission, and you'll have a very, very qualified recipient.

B. Miscellaneous Rules

We think the "Permission Only" thing is pretty self-explanatory. But just in case, we'll be more specific below...

   1. You may not use AccessNewsOnline to send spam (duh).

   2. Don't be a jerk.

   3. In addition to our terms of use, all email campaigns you send through our system comply with all elements of the federal CAN-SPAM Act of 2003

   4. You may not use third party mailing lists with AccessNewsOnline.

   5. You may not use any purchased or rented lists with AccessNewsOnline.

   6. You may only import lists of people who have given you permission to email them

   7. You will not use AccessNewsOnline to send email to recipients that you manually or automatically "scraped" or "aggregated" from websites or public membership lists, print publications, etc.

   8. Every email message you send through our system must contain a link that allows recipients to remove themselves from your list.

   9. You will not use AccessNewsOnline to harass, threaten, embarrass, cause distress, unwanted attention, or discomfort to any person or entity

  10. You will not use AccessNewsOnline to violate any applicable government laws or regulations

  11. 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 (See #2 above).

  12. You must own the rights to use all content that you distribute via AccessNewsOnline

  13. You accept full and sole liability for conforming to the law, and will in no way hold AccessNewsOnline or The ATIBA Corporation, LLC liable in whole or in part if you fail to conform to the law.

  14. You may not use AccessNewsOnline to distribute illegal contests, pyramid schemes, chain letters, or multi-level marketing campaigns

  15. You may not use AccessNewsOnline 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.

  16. If we receive more than a reasonable amount of complaints about your email campaigns, we reserve the right to review your campaigns and list collection practices, and to cancel your account in order to protect the deliverability of our servers.

  17. If you host your own list and use AccessNewsOnline solely for delivery, you agree to make a reasonable effort to keep it well-maintained, such as by regularly removing undeliverable email addresses and honoring unsubscribe requests within 10 business days. If we receive spam complaints as a result of your own poor list management skills, we'll be forced to shut down your account.

  18. We reserve the right to review all customer content and accounts for violation of terms

  19. You may not use AccessNewsOnline to send email marketing unless you have completed the account registration form, and have agreed to our terms of use.

  20. If we feel that your account has a high likelihood of generating abuse or spam complaints, we reserve the right to cancel or refuse service.

C. If Your Campaigns Receive Spam/Abuse Complaints

You don't have to be a spammer to be reported for spamming. It doesn't matter if your email list is composed of your customers, or is 100% opt-in and legit. If you send email that looks spammy, your own customers will report you for spamming. So if your campaigns receive an unreasonable amount of spam/abuse complaints, we reserve the right to shut down your account in order to protect the deliverability of our servers. For more information on how legitimate email marketers can prevent spam complaints, visit: http://www.AccessNewsOnline.com/abuse/preventing-spam-complaints.phtml

D. Prohibited Content

You may not use AccessNewsOnline if you engage in any of the following:
 
   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

E. Eligibility:

If you do not meet these eligibility requirements, you may not use the AccessNewsOnline service:

   1. You must be at least 18 years of age to use AccessNewsOnline, and can form legally binding contracts under applicable law.

   2. You must complete the registration process and agree to our terms of use in order to use AccessNewsOnline. All contact information you submit must be true, complete, and up to date.

   3. AccessNewsOnline 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

F. Your Privacy & Security:

   1. Our privacy policy is posted here.

   2. We will not contact your customer list or use it for any reason. Your customer information will not be sold, rented, or shared in any way with any other parties unless required by law.

   3. AccessNewsOnline performs regular backups of our system and of customer data, but AccessNewsOnline is not responsible for any of your data residing on our system. You are responsible for backing up your data and lists regularly.

   4. You are responsible for maintaining the confidentiality of your username and password. You will immediately notify AccessNewsOnline of any unauthorized use of your account or any breach of security.

   5. If AccessNewsOnline 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.

   6. 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

G. Fees and Refunds

   1. AccessNewsOnline reserves the right to (reasonably) change our fees at any time. We will send email notifications to users if and when we do

   2. We do not provide refunds (unless a technical malfunction caused an error in your campaign).

   3. If a user violates any of the terms outlined above, we reserve the right to cancel accounts, or bar access to accounts, without refund

   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 (we have no control over your recipients' email servers, ISP availability, personal spam filter settings, etc)

H. Indemnification

YOU AGREE TO INDEMNIFY AND HOLD THE ATIBA CORPORATION LLC, 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.

I. Disclaimer

THE ACCESSNEWSONLINE SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. THE ATIBA CORPORATION IS A DISTRIBUTOR AND NOT A PUBLISHER OF THE CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SITE; AS SUCH, THE ATIBA CORPORATION 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, THE ATIBA CORPORATION 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 NEITHER THE ATIBA CORPORATION 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.