Terms of Use

The Short Version

The short version of the Terms of Service is this: 

Elastic Email is for communication with your clients or subscribers for transactional based email (account signups, order confirmations etc.) or for specifically requested mail such as a corporate newsletter. Do not import or send to purchased email lists, or lists obtained from sources where the user did not explicitly request to receive email from your company. All mail that is sent from Elastic Email must be CAN-SPAM compliant. There are several types of mail we do not send at all, please see Section 7 below.

Elastic Email is not for the delivery of Unsolicited Bulk Email, or Unsolicited Commercial Email (otherwise known as spam). Elastic Email monitors all email on our network. If it appears a campaign may damage our network reputation your email will be throttled, and in some cases may be stopped completely. We do this to protect your reputation, and ours. If this happens, there will not be a refund on the email credits. If you are importing or sending to a questionable list or sending questionable content be aware that you are doing so at your own risk. 

If you are sending a marketing campaign ensure you follow the following rules:

1. Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.
   
   
2. Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.
   
   
3. Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.
   
   
4. Tell recipients where you are located. Your message must include your valid physical postal address. This can be your current street address, a post office box you have registered with the your Postal Service, or a private mailbox you have registered with a commercial mail receiving agency established under Postal Service regulations.
   
   
5. Include an easy to use, easy to see, one-click unsubscribe link. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future.Your best option is to use the Elastic Email unsubscribe link: http://support.elasticemail.com/kb/general-faq/how-can-i-insert-an-unsubscribe-link-into-my-emails
   
   
6. Honor opt-out requests promptly.

The Legal Version

The following terms and conditions govern all use of the elasticemail.com website and all content, services and products available at or through the website, including, but not limited to, sending email through the Elastic Email API. The Service is owned and operated by Geographical Media Inc., Alberta, Canada.

1) Your Elastic Email account. If you create an online account on elasticemail.com, you are responsible for maintaining the security of your account and the API key assigned to you, and you are fully responsible for all activities that occur under the account and API Key and any other actions taken in connection with your account or the use of the API by that account or API Key.

2) Disclaimer of Warranties. The Service is provided “as is”. Neither Geographical Media Inc. nor its suppliers and licensors, make any warranty that this Service or the email delivery API will be error free or that access thereto will be continuous or uninterrupted. You understand that you utilize the API, or otherwise obtain content or services through, this website and API at your own discretion and risk.

3) Limitation of Liability. In no event will Geographical Media Inc. or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interuption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Geographical Media Inc. under this agreement during the twelve (12) month period prior to the cause of action.

4) Fees and Payment. Buying Elastic Email credit for your account is possible through the Service.  All credit payments will immediately be added to your API credit balance.  All Elastic Email credit is non refundable. 

5) Termination. Geographical Media Inc. has the right to, at Geographical Media's sole discretion (i) refuse or send any emails that, in Geographical Media's opinion, violates any Geographical Media policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service and API to any individual or entity for any reason, in Geographical Media's sole discretion. Any account which is inactive for more than one (1) year will be automatically terminated. Geographical Media will have no obligation to provide a refund of any amounts previously paid.

7) Email Policy. You will ensure that all email and other communications generated or sent by you do not include or display any information or content that contains, promotes, references, or links to:

• defamatory or libelous information or content
• pornographic, sexually explicit or otherwise adult-oriented information or content
• vulgar, obscene, profane, offensive, abusive, or threatening information or content
• weaponry, firearms, ammunition, fireworks, or explosives
• false, misleading, inaccurate or deceptive information or content
• unlawful or illegal information or content
• information or content that is discriminatory, racist, or promotes violence against any individual or group;
• infringements or misappropriations of the intellectual property rights of any third party
• viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data or information
• hacking, software piracy, spyware, surveillance, interception or descrambling equipment, phreaking, emulators, or illegal file sharing activity
• alcoholic beverages, pharmaceuticals, tobacco and tobacco-related products, illegal drugs, or drug paraphernalia
• hazardous materials or hazardous substances
• or information or content otherwise deemed unsuitable to Elastic Email or harmful to the reputation of Elastic Email or its affiliates, partners, customers and users.

• multi-level marketing
• affiliate marketing
• work from home, make money on online opportunities, internet lead generation etc.

8) Email List Policy. You will ensure that all email addresses which you relay email to through Elastic Email are “Double Opt-In” email addresses. Other terms for “Double Opt-In” are: “Confirmed Opt-In” or “COI” and “Double Opt-In Confirmed Opt-In”.
“Double Opt-In or “Confirmed Opt-In” Defined: 

• receiving the email address to be added to the list
• quarantining the email address (not adding it to the mailing list)
• sending a single email to the quarantined email address, which email requires that the owner of the quarantined email address take some affirmative step (such as clicking on a link, replying to the email, or submitting a payment) to confirm that they want their email address added to the list
• if, and only if, the owner of the email address affirmatively confirms that they want their email address added to the mailing list, then the email address is taken out of quarantine and added to the mailing list

Note: “Double Opt-In” or “Confirmed Opt-In” is considered the best practice, or “gold standard”, if you will, and is the one that we most strongly recommend you use.  You must be able to provide confirmation of using "Double Opt-In" email addresses upon request.

9) Changes. Geographial Media reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service and API following the posting of any changes to this Agreement constitutes acceptance of those changes.

10) Jurisdiction. The laws of Alberta, Canada, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Edmonton, Alberta, Canada and you and Geographical Media consent to personal jurisdiction in those courts.

11) Extent. This Agreement constitutes the entire agreement between Geographical Media and you concerning the subject matter herein and pertaining to services as outlined on the website elasticemail.com.