Policies and
Terms of Service

Definitions

Where the article "you" is used, it means the customer.

Where the name "WebMonster" is used, it means WebMonster Networks or its parent WebMonster Inc. or any authorized agents thereof.

Spamming Prohibited

You may not use WebMonster's service to send unsolicited email ("spam"), whether it be commercial or non-commercial. Your email will be considered unsolicited if your membership addresses are not 100% opt-in by your email list members. If your email addresses came from harvesting, a purchased email list, another mailing list (even with the approval of the other list owner), or were compiled by any method other than by direct subscription from your email list members, for the purposes of this Agreement and these Rules they will be considered unsolicited (non-opt-in) email (that is, "spam").

If WebMonster receives complaints that you are sending unsolicited commercial or non-commercial email ("spamming"), in addition to any other rights that WebMonster may have under this Agreement or under applicable law, WebMonster may, at its sole option, suspend your service pending a reconfirmation of your entire email list membership. There is no reduction or refund of fees during period of suspension. This reconfirmation may be required by WebMonster in any reasonable manner it determines in its sole judgment including, without limit, sending a single email to all of your list members requesting confirmation of their wish to maintain their subscription to such list. Members who do not reconfirm within a reasonable time established by WebMonster may be deleted from the list in question. Your written consent will be requested before WebMonster contacts your list members for the purposes of reconfirmation, however, if you do not consent to WebMonster contacting your list members for the purposes of reconfirmation, WebMonster may terminate this Agreement.

If WebMonster determines in its sole discretion that you have been spamming, in addition to any other rights under this Agreement and applicable state or federal law, (i) WebMonster may bring an action in any court of competent jurisdiction to enjoin such activity, it being understood that such activity may cause irreparable harm to WebMonster which may not be fully compensable by monetary damages and (ii) WebMonster may recover from Customer monetary losses caused to WebMonster by such activity in an amount equal to (a) $500 for each such item of unsolicited email which Customer has sent to each separate and identifiable email address in violation of this Rule, which amount the parties agree is a fair and reasonable estimate of WebMonster's losses which would be occasioned by such violation; or (b) if WebMonster can establish a greater amount of monetary loss, the amount of such actual monetary loss suffered by WebMonster as a result of such violation including, but not limited to, any damage or loss (including attorney's fees) resulting from any claim made against WebMonster as a result of Customer's conduct in violation of this Rule. In addition to the foregoing, Customer shall be responsible for reasonable costs incurred by WebMonster in bringing such actions, including reasonable attorney's fees.

You may not use WebMonster to:

1. Send unsolicited bulk email, whether it be commercial or non-commercial. Unsolicited bulk email is defined as email sent to individuals without their permission.

2. Send email with an invalid "From:" or "Reply-to:" address. All messages posted to your list must contain valid email addresses and you must be responsive to all replies from members of your list, including unsubscribe requests. You may not refuse or ignore unsubscribe requests from members of your list.

3. Harass, threaten, embarrass or cause distress, unwanted attention or discomfort to a person or entity, as determined by WebMonster.

4. Post or transmit sexually explicit images or other content which is deemed by WebMonster to be offensive.

5. Transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party, as determined by WebMonster.

6. Impersonate any person, including but not limited to, an official of WebMonster or an information provider, or communicate under a false name or a name that you are not entitled or authorized to use.

7. Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law.

Unsubscribing

All list messages must include the WebMonster unsubscribe instructions so members can unsubscribe themselves from the list.

List owners should respond to member requests for manual removal from the list with courtesy and timeliness. Please do not discard personal email messages you receive asking to be removed from your list. Even if the user request for removal is aggressive, unfriendly or otherwise rude, you should nonetheless make every attempt to help the user get off your list and to defuse the situation. WebMonster does receive from time to time requests from your email list members directly to be removed from your list and WebMonster reserves the right to remove any member from your list that requests it.

Membership List

You may not use WebMonster for one-time mailings to a list of members after which you substantially delete the membership and create a new list. Your membership must be a static, permanent list to which you add or delete new members and/or members subscribe or unsubscribe themselves in the ordinary course.

Violation

In the event you violate these rules WebMonster may, in its sole discretion, remove your list from its server and immediately terminate your right to use WebMonster's systems, any provision of Exhibit A, notwithstanding. List owners should be aware that they are responsible for the behavior of their list members.

Collection Policy:

All invoices becoming past due will incur late charges of $25 or 10% of the past due amount, which ever is greater, per month. Upon Clients account becoming past due, WebMonster may provide a seven (7) day disconnect notice demanding payment.

If WebMonster does not receive full payment within the time specified in said notice, service will be disconnected. If service is disconnected, a reconnection charge of $200 plus one month's service must be paid in advance in order to secure clients future obligations.

Cancellation and Refund Policy:

Clients who decide to cancel their service during a normal three-month, six-month or annual billing cycle will be refunded the balance of their payment (less any setup fees) on a prorated monthly basis. For example, if a client signs up for service for January - March and subsequently cancels their service on February 5th, they would receive a refund for the month of March. If that same client were to cancel service on January 29th, they would receive a refund for both the months of February and March.

Please contact your Account Executive if you have further questions regarding our cancellation policy.

Privacy

WebMonster is committed to maintaining your privacy and that of your email list members.

1. WebMonster treats private communications on or through our systems as strictly confidential.

2. For your protection, we strongly recommend you do not give your membership list to anyone, ever.