Acceptable Use Policy

QuantumDigital, Inc. (QDI) is a provider of web-based email marketing software, direct mail services, custom printing, and other services. This document describes the agreement between QuantumDigital, Inc. (QDI) and its users, customers, clients, or their assigns, customers, or clients that may happen to use the QDI systems, services, or websites.

In this document, a “user” and/or “sender” is defined as any person or entity that uses the QDI email application or other services. Using the QDI system or services explicitly defines any user as a party to this agreement and subjects them to these restrictions and policies, plus any other restrictions, policies, prescriptions, or agreements posted on QDI websites or applications.

In consideration for using the QDI systems, users agree to pay any and all fees associated with the system/services that they utilize. Users also agree to be bound by the policies, terms, and conditions defined by QDI, in this document and other documents posted on QDI websites. In consideration for the user's subscription fees, other charges, and the user's promise to abide by said policies and terms, QDI agrees to provide the user with access to QDI's email marketing system, access to place direct mail orders, and access to place orders for custom printing services, as requested by the user. Violation of any of these terms by either party may result in immediate termination of this agreement.

As a user of QDI's email marketing application or other services, you agree to comply with this Acceptable Use Policy defined herein, our terms and conditions, and our Anti-spam Policy. By placing orders with QDI and continuing to use QDI service(s), systems, applications, and/or websites, you are acknowledging and affirming that you have read all applicable policies, terms and conditions, and that you understand such policies, terms and conditions and agree to be bound by them. This Acceptable Use Policy (AUP) outlines activities and procedures that QDI prohibits users from performing or attempting to perform. QDI reserves the right to modify this policy at any time, effective upon posting all changes to this policy at this URL: http://emarketing.quantumdigital.com/pages/asp. The QDI terms and conditions may be changed at any time, and are posted here: http://emarketing.quantumdigital.com/homepage_redirect/page:terms. The QDI privacy Policy may change at any time and is located here: http://emarketing.quantumdigital.com/homepage_redirect/page:privacy. And the QDI Anti-spam policy may be changed at any time and is posted here: http://emarketing.quantumdigital.com/pages/asp.

1. Acceptable Use

QDI services may only be used for lawful purposes and may not violate any local, state, federal or international laws that may apply to you or QDI, in your local jurisdiction, or any jurisdiction under which you or your company may be subject.

The QDI email marketing application is intended to be a permission-based email marketing application only. Users may NOT send emails to recipients who have not agreed to receive them from the sender or their assigns. Users agree, when asked by QDI or others (such as, but not limited to: law enforcement officials, regulators, government agencies, recipients or their attorneys, and/or others), to provide evidence of a recipient's agreement. Your inability to provide such evidence is grounds for termination of your access to the QDI systems, applications, or websites.

While using QDI service, you may not:

1. Restrict or inhibit any other(s) user from using and/or benefiting from our services, applications, websites, or the Internet in general;
2. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws;
3. Post, publish, transmit, reproduce or distribute any information or software, which contains a virus, virus source code, harmful or malicious software or source code, spyware, malware, or any other harmful component, or any information or code that is intended to cause harm or mischief;
4. Post, publish, transmit, reproduce, distribute or in any way exploit or obtain any information, software, or other material obtained through the Internet that you are not authorized to use. (other than as expressly permitted by the provider of such information, software, or other material);
5. Post, publish, transmit, reproduce or distribute any information using a technique commonly known as “Spam.” “Spam” is defined as any unwanted email message.
6. Use the QDI systems, resources, applications, or websites to distribute unwanted emails.
7. “Harvest” email addresses from the Internet, buy lists of email addresses, or rent lists of email addresses.

You agree not to maliciously or intentionally interfere with the proper and/or efficient operation of QDI systems, applications, and websites, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized, and/or impairing the availability, reliability, or quality of service for other customers or users. You further agree not to interfere with the proper operation of any other systems reachable through the Internet, including any attempt at unauthorized access or use. You agree to follow the Acceptable Use Policy of any network or service that you may connect to, regardless of its affiliation or relationship to QDI, even if no relationship or affiliation exists. You agree to abide by any and all future QDI policy decisions and terms for as long as you continue to use QDI's services, applications, or websites.

Note: Indirect or attempted violations of the policy, and actual or attempted violations by a third party on behalf of a QDI user or their end user or assigns, shall be considered violations of the policy by such user or end user and services will be terminated immediately without notice.

2. Transmittal of Materials

You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of QDI's services, applications, or websites, or any other service with reference to services obtained through QDI, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as “spamming” is strictly prohibited and may cause your services to be terminated immediately without notice and you will be held fully responsible for any damages to you, QDI, or any other party or parties resulting from any such conduct. You agree to fully compensate QDI and its partners and/or customers who suffer damage as a result of your activities, including compensation for any and all legal fees or other consulting fees incurred as a result of your activities.

3. Security

You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify QDI immediately both by telephone at 512-837-2300 and in writing by registered mail, return receipted, to QuantumDigital, Inc., 8702 Cross Park Dr. Ste 200, Austin, TX, 78754. You shall be held fully responsible for any misuse or compromise to your account for which QDI is not properly notified. You further agree to indemnify and hold harmless QDI for any damages or loss caused by a compromise of your account with QDI. You agree that if any security violations are suspected to have occurred in association with your account, QDI has the right, to immediately suspend access to the suspected account pending an investigation and potential resolution. You also agree that QDI has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you, provided that QDI shall only disclose any confidential information if legally required to do so and shall not make any such disclosure without first providing reasonable notice to you and cooperating with your efforts to obtain a protective order. QDI reserves the right to suspend service for any reason without notice.

4. ECPA Notice

QDI reserves the right to monitor any and all of your communications through or with our facilities, applications, or services. You agree that QDI is not considered a "secure communications medium" for the purposes of the Electronic Communications Privacy Act (ECPA), and that no expectation of privacy is afforded to you, your surrogates, your customers, or to any QDI users.

5. Identification Information

You agree that you as the person legally responsible for use of this account are at least 18 years of age. You agree to supply QDI with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use. QDI reserves the right to terminate or suspend your account should it be revealed that you are using falsified or inappropriate information to identify yourself in the QDI systems, applications, or websites. You also agree to abide by the federal CAN-SPAM Act, which explicitly prohibits using deceptive information or tactics in email communications.

6. Confidentiality

QDI will not use, rent, sell, transfer, or otherwise purposely expose any information associated with your account, including without limitation the contents of your email messages, email addresses uploaded to our system, and the extended database attributes that are associated with those addresses, except as necessary to perform the services contemplated under this agreement and where required to reveal such information under force of law. QDI provides a password-protected mechanism for viewing and extracting customer data. QDI maintains all customer data on our internal network. QDI will take reasonable measures to safeguard your data.

7. Warranties

Email providers are constantly improving their ability to detect and filter unwanted email messages. QDI will make a good faith effort to deliver your email messages to the intended recipients, but QDI does not warrant that the services provided hereunder will result in the successful transmission of e-mails to the e-mail addresses provided by you. Furthermore, QDI will make a good faith effort to encode and display HTML emails so that a broad degree of compatibility among email clients will be achieved, but QDI does not warrant that the HTML in emails that it sends will render consistently for all email recipients or email clients.

Note: Except as otherwise expressly stated in this agreement, QDI makes no warranties or representations of any kind for the services being offered, and the service is provided on an ”as is” and “as available” basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose.

No advice or information given by QDI or its agents or employees shall create a warranty of any kind, express or implied. Except as otherwise expressly stated in this agreement, QDI provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components.

Notwithstanding anything in this agreement to the contrary, except for claims or actions covered by indemnification under Section 9 below, and except for breaches of confidentiality obligations set forth in this agreement, under no circumstances shall QDI be held liable for any indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use QDI's services, or for third parties' use of the services to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through QDI or on the Internet generally.

QDI does routinely back up your data stored on our servers, but you should not rely on QDI as a data storage service. You should maintain your own back up copies of all lists, email addresses, messages, content, or other files. You agree to indemnify and hold harmless QDI in the event that any back up procedure fail to maintain a viable copy of your data.

You agree to properly review and test every email message before sending to actual indented recipients. By sending messages to your list of recipients, you are stating that you are satisfied with the email message, its design, content, marketing messages, and every other feature of the message.

8. Refusal or Discontinuance of Service

QDI reserves the right to refuse or discontinue service to any user or potential user at QDI's sole discretion. QDI may deny you access to all or part of the service without notice if you engage in any conduct or activities that materially violate any of the terms and conditions in this agreement or other policies posted on our website(s). You agree that QDI has the right to monitor your use of the service by various means from time to time. QDI reserves the right to refuse to post or to remove any information or materials, in whole or in part, that are in violation of this agreement, without notice.

9. Indemnification

You agree to indemnify, defend, and hold harmless QDI from any and all liability, penalties, losses, damages, costs, expenses, reasonable attorneys' fees or other consulting fees, causes of action or claims caused by or resulting from the lists, email addresses, content, or files which you provided to QDI in connection with your use of the services hereunder. QDI agrees to indemnify, defend and hold you harmless from any and all liability, penalties, losses, damages, costs, expenses, reasonable attorneys' fees, causes of action or claims caused by or resulting from any breach by QDI of its warranty under Section 7 of this agreement, any breach of the confidentiality obligations in Section 6, or any claims that the services or software provided by QDI infringe a patent, copyright or other intellectual property or proprietary right of a third party.

10. Term of Agreement

This agreement is for as long as you or your surrogates continue to use QDI's services, applications, or websites. Because ramifications from your use of said products and services may not be immediately apparent, termination of use does not eliminate any liability you may incur as the result of use. You may incur liabilities that extend beyond the time frame in which you use QDI's services, applications, or websites.

Subscriptions for QDI's email marketing services are billable in advance. QDI will not pro-rate your charges should you cancel or downgrade your account, but you will still have access to all of the services and subscription levels that you purchased. Should your account be terminated for violation of this agreement, you agree that QDI has a right to withhold all or a portion of your current subscription fee as payment for “termination fees”, which will pay for the processing effort required to terminate your account.

11. Prior Agreements

This agreement supersedes any written, electronic, or oral communication you may have had with QDI its assigns or any agent or representative thereof, and constitutes the complete and total agreement between the parties.

12. Severability

If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.