Make the most of eNewsletterPLUS

Terms of Use

Please read these guidelines. They will help you to get the maximum marketing value from this cost effective and attractive form of client communication.

The eNewsletterPLUS Service is part of a range of tools developed by Ariadne Designs (together known as The ‘Service Provider) to facilitate online marketing campaigns. This Service may not be used for the sending of unsolicited email (‘spam’).

The following are the Terms and Conditions for use of the Service. By logging in to eNewsletterPLUS you accept these Terms and Conditions.

1. Acknowledgements

You acknowledge and agree that:

eNewsletterPLUS may not be used to send unsolicited email (‘spam’) (See Appendix 1: eNewsletterPLUS Anti-Spam Policy).
eNewsletterPLUS may only be used for lawful purposes.
Your use of the service is subject to the Prohibited Content and Business Statement (see Appendix 2).
The Service will be subject to subscription fees.
The Service Provider will not use your customer information for any other purposes than those intended with the Service.
You will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email (‘spam’).
You will use only permission-based mailing lists in connection with your use of the Service.

2. Service and Support

2.1 The Service is provided subject to this Agreement, as it may be amended by the Service Provider, and any guidelines, rules or operating policies that The Service Provider may establish and communicate from time to time (the ‘Agreement’).

2.2 The Service is available only to persons who can form legally binding contracts under English law.

2.3 You must complete the registration form on the Subscribe page and make your payment in accordance with the instructions in order to use the service.

2.4 You are responsible for maintaining the security of your account, passwords, and files.

2.5 To keep the price of the eNewsletterPLUS system as low as possible we have made it straightforward to use. As such, no telephone help desk facility is offered although you we do offer basic support via email.

3. Fees and Payment

3.1 You are required to pay for the Service in advance.

3.2 The schedule of subscriber charges is subject to change at any time. Services already paid for will be subject to the charge schedule in force at the time of subscription.

3.3 Payment for the Service will be in UK Pounds Sterling by one the following means:

A valid debit or credit card accepted by the Royal Bank of Scotland WorldPay secure online payments system.
By completing and returning the Standing Order Payment Form downloaded from the Subscribe section of eNewsletterPLUS site.
By mailing, phoning or faxing us your debit or credit card details.
By sending a cheque.

If the standing order option is selected you hereby authorise The Service Provider to charge your account for such amounts on an annual basis beginning at the start of your subscription and until such a time as you cancel your standing order. Should The Service Provider for any reason be unable to effect automatic payment via your debit or credit card, The Service Provider will attempt to notify you via email and your account will be disabled until payment is received. Amounts paid for the Service are not refundable.

3.4 You are responsible for paying subscription charges regardless of whether delivery of email messages to their intended recipients is prevented or blocked by any third party, or achieves your intended marketing objective.

4. Responsibilities

4.1 Emails that you send through the Service may generate complaints from recipients. The Service Provider, at its sole discretion, shall determine whether your level of complaints is within industry norms. Its determination shall be final, binding and conclusive for all purposes under this Agreement.

4.2 The Service Provider, at its sole discretion, may immediately disable your access to the Service without refund if it believes you have violated any of the email and permission practices detailed above, or have failed to abide by the Prohibited Content and Business Statement (see Appendix 2).

5. Restrictions

5.1 The Service Provider will not use subscriber information for any other purposes than those intended with the Service. Your customer information will not be shared with any other parties unless required by law.

5.2 You are not granted a license to any software by this Agreement.

5.3 The Service shall be used for your internal business purposes only.

5.4 You acknowledge and agree that the Service and The Service Provider company names and logos and all related product and Service names, design marks and slogans, are the property of The Service Provider.

5.5 You agree that you will use the Service only in compliance with the Agreement and all applicable laws.

5.6 You agree you will not access or otherwise use third-party mailing lists in connection with preparing or distributing unsolicited email to any third party.

5.7 The Service Provider may use information provided by you and any technical information about your use of the service to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. The Service Provider undertakes not to provide such information to third parties unless required by law or if your use of eNewsletterPLUS is terminated due to unsolicited commercial email being sent from your eNewsletterPLUS account.

6. Termination

6.1 You may terminate this Agreement at any time but there will be no refund of fees paid.

6.2 The Service Provider may terminate your account without refund if you are in breach of this Agreement.

6.3 The Service Provider will delete any of your archived data within 30 days after the date of termination. After termination, you are required to process all unsubscribe requests within 30 days of your last email campaign.

7. Warranty Disclaimer

7.1 Use of the services and any reliance by you upon the services is at your sole risk. The Service Provider does not warrant that the services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Service.

7.2 Your sole and exclusive remedy for any failure or nonperformance of the service shall be for The Service Provider to use commercially reasonable efforts to adjust or repair the Service.

8. Limitation of Liability

To the maximum extent permitted by law, under no circumstances shall The Service Provider or its business partners be liable to you or any other person for any money damages or for any claim by any other party. In the event that notwithstanding the foregoing, The Service Provider is found liable to you for damages from any cause whatsoever the liability of The Service Provider to you will be limited to the amount you paid for the Service.

10. Miscellaneous

10.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

10.2 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and legal fees.

10.3 The Agreement is made in accordance with English Law.

10.4 eNewsletterPLUS is a trade name of Media Generation Group plc and Ariadne Designs Ltd, both i ncorporated in England.

Appendix 1: The eNewsletterPLUS Anti-Spam Policy

Summary

The Service Provider has a no tolerance spam policy.
The Service Provider reserves the right to monitor large import lists and emails going to a large number of subscribers.
Subscribers found to be using eNewsletterPLUS for spam will be immediately terminated from use of the Service without refund.

What is Spam?

Spam is unsolicited email. By sending email only to those people with whom you have a pre-existing business relationship, or have requested to receive it, you are following accepted permission-based email guidelines.

What constitutes a pre-existing business relationship?

The recipient of your email has made a purchase, requested information, responded to a questionnaire or a survey, or had offline contact with you.

What constitutes consent?

The recipient of your email has been clearly and fully notified of the collection and use of his email address and has consented prior to such collection and use.

Is there a law against sending spam?

UK regulations allow online marketers to send email pitches and SMS messages only to consumers who have agreed beforehand to receive them, except where users are existing customers of a particular company. So, for consumers, the UK Government is applying the 'opt-in' approach to regulating spam.

Companies can be approached 'cold' with email pitches, but in these instances emails must have an opt-out clause.

The Office of the Information Commissioner is responsible for enforcing the regulations. Any breaches of enforcement orders issued by the Information Commissioner will be an offence liable to a fine of up to £5,000 in a magistrate's court, or an unlimited fine if the trial is before a jury.

How The Service Provider protects you from sending spam

eNewsletterPLUS is a permission-based email-marketing tool that follows the strictest permission-based philosophies:

Unsubscribe - Every email generated from eNewsletterPLUS contains an unsubscribe link which allows recipients to opt-out of future email campaigns and automatically updates your subscriber lists.
Identification - Each email you send out will contain your contact email address in the 'From' field.
Contact Information - Each email you send out will contain your contact details including your postal address.

Appendix 2: The eNewsletterPLUS Prohibited Content and Business Statement

The Service Provider prohibits the use of the eNewsletterPLUS Service by any company or individual that engages in any of the following:

Provides, sells or offers 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; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
Displays material that exploits children, or otherwise exploits children under 18 years of age.
Provides, sells or offers products, services or content frequently associated with unsolicited commercial email (‘spam’).
Provides material that is grossly offensive or comprises any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
Posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in case of a minor).
Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
Introduces viruses, worms, harmful code and/or Trojan Horses on the Internet.
Promotes, solicits or participates in pyramid schemes or multi-level marketing businesses.
Engages in any libellous, defamatory, scandalous, threatening, or harassing activity.
Posts 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.
Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.
In addition, The Service Provider reserves the right to prohibit the use of eNewsletterPLUS by any company or individual in its sole discretion.

This may change from time to time.