HostingDude.com currently provides the Express Email Marketing Services to its customers on a monthly subscription model based on email volume. HostingDude.com shall provide You with the ability to create, manage and maintain a permission-based subscriber list (with optional confirmed opt-in functionality), design and send targeted email campaigns (messages) to subscribers, and access valuable data used to generate reports on campaign and subscriber activity; provided, however, You abide by the terms and conditions set forth herein and in each of HostingDude.com `s policies and procedures, as may be amended by HostingDude.com from time to time.

1. add, access, manage and maintain a collection of subscribers based on email addresses though manual inclusion and group importing of customer database files;
2. create email messages (campaigns) and distribute each campaign on a scheduled basis to recipients based on subscriber list members;
3. access campaign, subscriber, and interest group data for reporting purposes, including; response rate reports, membership reports and demographic reports; and
4. build and implement mailing list subscription functionality to a Web site designed to attract subscribers and collect customer demographic data.

Availability of Services

Subject to the terms and conditions of this Agreement, HostingDude.com shall use commercially reasonable efforts to provide Express Email Marketing Services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time the Express Email Marketing Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that HostingDude.com may undertake from time to time; or (iii) causes beyond the control of HostingDude.com or that are not reasonably foreseeable by HostingDude.com, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. YOU ACKNOWLEDGE AND AGREE THAT HostingDude.com HAS NO CONTROL OVER AND HAS MADE NO REPRESENTATION OR WARRANTY ABOUT THE AVAILABILITY OF THE EXPRESS EMAIL MARKETING SERVICES ON A CONTINUOUS OR UNINTERRUPTED BASIS.

By using the Express Email Marketing Services, You acknowledge and agree that You are age eighteen (18) years old or older. The Express Email Marketing Services are available only to persons who can enter into legally binding contracts under applicable law.

You also acknowledge and agree that You shall not use the Express Email Marketing Services to send or upload the following types of information:

1. personal information about minors without their parent´s consent,
2. pornography or nude pictures,
3. tasteless images,
4. excessively violent material,
5. links to web sites containing the serial numbers for unlocking software illegally,
6. pyramid schemes,
7. chain letters,
8. impersonations of another person,
9. encouraging the use of a controlled substance,
10. selling or promoting products that are unlawful in the location where the email is received,
11. advocating, promoting, or encouraging violence against any person, organization, or the government, or
12. links to web pages containing any of the aforementioned content.

You acknowledge and agree that You have provided accurate, current and complete information in the application process and that You shall notify HostingDude.com within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by HostingDude.com to determine the validity of information provided by You, shall constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if HostingDude.com has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, HostingDude.com has the absolute right, in its sole discretion, to terminate this Agreement and/or the Express Email Marketing Services and close Your account.

By using the Express Email Marketing Services, You represent and warrant that the information You use in any email campaigns is true, and that the email addresses You include are of subscribers who have granted You direct consent to receive email messages from You. You acknowledge and agree to comply with our Anti-Spam Policy, as well as the provisions of the Can-Spam Act of 2003. You agree that You shall include a valid and correct physical address on every email message, as well as a valid and correct "From" and "Reply-To" address in every email message. Any and all email campaigns shall require You to provide "Opt-In" verification for each subscriber. You acknowledge and agree that HostingDude.com has the right but not the obligation to copy and/or store Your subscriber content, contact lists, and other information. HostingDude.com shall not use this information in any way that violates its Privacy Policy, except as permitted or required by law.

Spam

HostingDude.com recommends that You carefully consider whether the email You are sending out may be considered spam. Generally, if You are not sure that You have received someone´s permission to send them email, then it is probably spam.

Intellectual Property

Except as expressly stated elsewhere in this Agreement, this Agreement does not grant You any rights in the Express Email Marketing Services and all rights are reserved by HostingDude.com. You acknowledge and agree that the Express Email Marketing Services, the names and logos of HostingDude.com and all related product and service names, design marks and slogans, are the sole and exclusive property of HostingDude.com and its affiliates, and that You are not authorized to use any of them in any advertising, publicity, or other commercial venture without the prior written consent of HostingDude.com, which may be withheld, conditioned or delayed in the sole and absolute discretion of HostingDude.com.

Storage and Security

At all times, You shall bear full risk of loss and damage to Your Express Email Marketing Services. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with Your use of the Express Email Marketing Services. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your email lists; (ii) maintain independent archival and backup copies of Your email lists; and (iii) ensure the confidentiality of Your password. HostingDude.com ´s Express Email Marketing Services are not an archive and HostingDude.com shall have no liability to You or any other person for loss, damage or destruction of any of Your content. If Your password is lost, stolen or otherwise compromised, You shall promptly notify HostingDude.com, whereupon HostingDude.com shall suspend access to Your Express Email Marketing Services by use of such password and issue a replacement password to You or Your authorized representative. HostingDude.com shall not be liable for any loss that You may incur as a result of someone else using Your password or the Express Email Marketing Services, either with or without Your knowledge and/or consent. However, You could be held liable for losses incurred by HostingDude.com or another party due to someone else using Your Express Email Marketing Services or password.

HostingDude.com shall not disclose the information you place in the Express Email Marketing Services without your express permission, in accordance with our Privacy Policy, except and permitted or required by law. HostingDude.com does not sell personal information. HostingDude.com shall not disclose or sell the information of Your customers that You store in the Express Email Marketing Services, except as permitted or required by law.

HostingDude.com explicitly reserves the right in its sole discretion to: (i) modify its pricing through email notification; (ii) review Your use of the Express Email Marketing Services for excessive space and bandwidth utilization and to terminate this Agreement and Your use of the Express Email Marketing Services or apply additional fees if Your use exceeds allowed levels; (iii) establish limits and guidelines concerning the use of the Express Email Marketing Services, including but not limited to the maximum size of campaigns sent through our servers and the maximum number of occasions that You may access our servers using the Express Email Marketing Services in any given period of time; (iv) terminate this Agreement and/or Your use of the Express Email Marketing Services for unsolicited, commercial e-mailing (e.g., spam, sending email to subscribers who have not "opted-in"); illegal access to other computers or networks (e.g., hacking); distribution of Internet viruses or similar destructive activities; non-payment of Express Email Marketing Services fees; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, or racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way, and other activities whether lawful or unlawful that HostingDude.com determines in its sole discretion may be harmful to its other customers, operations, or reputation; (v) terminate this Agreement and/or Your use of the Express Email Marketing Services if Your use of the Express Email Marketing Services results in, or is the subject of, legal action or threatened legal action against HostingDude.com or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, and (vi) terminate this Agreement and/or Your use of the Express Email Marketing Services if You have not accessed or logged into it for ninety (90) days or more. If HostingDude.com terminates this Agreement or Your use of the Express Email Marketing Services, HostingDude.com may, at its own option, remove and destroy data and files stored by You on HostingDude.com 's servers. HostingDude.com has no obligation to monitor Your Express Email Marketing Services, but reserves the right in its sole discretion to do so.

For every email You send out using the Express Email Marketing Services, You agree that HostingDude.com may automatically attach a notice to it stating that the email was powered by the Express Email Marketing Services or a similar message.