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EMAIL MARKETING SERVICES AGREEMENT of Zoneit10

EMAIL MARKETING SERVICES AGREEMENT of Zoneit

Last Revised: February 18, 2025

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Email Marketing Service Agreement (this "Agreement") is entered into by and between Zoneit ("Zoneit," "we," "us," or "our") and you ("you," "your," "User," or "customer") and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Email Marketing services (the "Services"), and represents the entire agreement between you and Zoneit concerning the subject matter hereof.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with our Universal Terms of Service Agreement, which is incorporated herein by reference, and any other agreements or policies that are expressly incorporated herein.

2. SERVICES

Email Marketing services enable websites to:

  • Sign up website visitors

  • Collect and store visitor subscription information

  • Build and conduct email communications with contacts

  • Manage subscriber lists and segments

  • Track email campaign performance

  • Create automated email workflows

The number of contacts in your account is metered by Zoneit. All subscription plan prices are subject to change at any time. Monthly fees will be charged even if your account was not used to send emails.

Zoneit makes every attempt to ensure all email messages sent through our servers follow email standards, but we cannot guarantee that messages will look consistent across all email platforms. For best results, we recommend using HTML editors that generate HTML adhering to W3C standards.

3. ANTI-SPAM POLICY

We maintain a zero-tolerance spam policy. You may not utilize the Services for sending unsolicited email messages ("spam"). All messages sent through our Services must comply with:

  • The Australian Spam Act 2003

  • Privacy Act 1988 (Cth)

  • Other applicable state and territory laws

  • International anti-spam regulations where applicable

Messages must only be sent to recipients who have expressly opted in or given lawful permission. You must maintain proof of opt-in consent for each contact and each email marketing campaign.

Prohibited practices include:

  • Use of purchased, rented, or harvested mailing lists

  • Sending to newsgroups, message boards, or distribution lists

  • Emailing recipients who have opted out or unsubscribed

  • Using false, deceptive, or misleading header information

  • Using deceptive subject lines or content

4. PROPER MESSAGING REQUIREMENTS

All email campaigns must include:

  • Valid physical address

  • Clear identification of the sender

  • Accurate "from" and "reply to" addresses

  • Non-deceptive subject lines

  • Visible and functioning unsubscribe mechanism

  • Honor opt-out requests within 5 business days

5. PROHIBITED CONTENT

The Services may not be used to promote or distribute:

  • Illegal goods or services

  • Malicious software

  • Pornographic or explicit content

  • Pyramid schemes or chain letters

  • Get-rich-quick schemes

  • Counterfeit products

  • Unauthorized multi-level marketing

  • Unregistered financial products or services

  • Products making unsubstantiated health claims

6. ACCOUNT INACTIVITY

Accounts inactive for more than 90 days may be flagged as inactive. Inactive accounts have 30 days to resume activity before potential permanent removal of account data, including subscriber information.

7. COMPLIANCE AND MONITORING

Zoneit reserves the right to:

  • Monitor accounts for compliance

  • Suspend or terminate services for violations

  • Remove or disable content that violates this Agreement

  • Report violations to relevant authorities

  • Take any other appropriate action to enforce these terms

8. LIMITATION OF LIABILITY AND INDEMNIFICATION

You agree to indemnify and hold harmless Zoneit from any claims arising from:

  • Violation of this Agreement

  • Violation of anti-spam laws

  • Unauthorized use of contact information

  • Content of email messages

  • Any other aspect of your use of the Services

Zoneit's liability shall be limited as specified in the Universal Terms of Service Agreement.

9. MODIFICATIONS

We reserve the right to modify this Agreement at any time. Changes become effective upon posting to our website. Continued use of Services constitutes acceptance of modifications.

10. GOVERNING LAW

This Agreement is governed by the laws of Victoria, Australia. Any disputes shall be resolved in the courts of Victoria.

For questions about this Agreement contact:

Email: [email protected]