DataTender Terms of Service

* We simply DO NOT condone, utilize, or offer spamming services.
As a Subscriber, you warrant to us that all the data records you input into your data table are collected from your Web site, customer accounts, walk-in retail clients, members, or other parties that have agreed to receive email from you. Such email lists are called "opt-in lists" and DataTender only permits the use of such opt-in lists. You are NOT allowed to upload "cold" lists from bulk email programs for the purpose of sending unsoliticed messages. Doing so shall IMMEDIATELY TERMINATE your account and all monies shall be forfeited with no claims for partial credits for unused time.

* All complaints about spamming will be recorded. If we receive multiple complaints, your account will be terminated.
Having been in the business for over 10 years, we know that users forget they filled out forms, signed up for lists, requested information that also put them on a newsletter distribution, etc, etc. So we know from time to time we will get complaints of this nature. That is why we constructed the REMOVE screen to contain your company name and a link to your Web site. In many cases, this alone will remind the user. However, if we get a dozen complaints in one week, we will know that you are emailing blindly and your account will be closed. We have one of the most professional, full featured opt-in Web based systems and we want the users to respect our clients for using it.

* We are not responsible for the response you receive from your emailings.
You can't expect anyone to take the responsibility for how you word your messages or what you present. PLEASE PLEASE PLEASE, we plead with you to use the TEST functions we provided you and to have every single TEST message proofed and re-submtted to you with corrections before you do the large emailing. We see so many poorly worded messages with such bad spelling and grammar. TEST & PROOF, TEST & PROOF, then TEST & PROOF again.

* We will charge your credit card at the end of each calendar month for the NEXT MONTH'S service.
All accounts are paid in advance monthly. We will debit your credit card at the end of the month for the next full month of service. There are no partial months.

* If you are billed with paper invoice, your invoice will be sent out at the end of each calendar QUARTER for the NEXT QUARTER'S service.
All paper invoiced accounts are paid in advance quarterly. There are no partial periods..

* Your data is your data.
You warrant that the data you are using is yours, collected as noted above, and that you did not obtain the names illegally or unprofessionally. We warrant that no one else but you and your authorized users will have access to the data you upload and add to your table.

* Your account will not be used for illegal purposes.
You will not use your account to send illegal, pornographic, dangerously inciting, rude, obnoxious, or hate messages. Your account will be terminated immediately with no refunds if you do.

* Your may email every day up to your subscription limit each day.
Our servers can safely handle about 6 million messages per day and will roll over the que to the next day.

* Past due accounts will be locked.
Accounts not paid up-to-date will be locked and you will not have access to the system or your data until we receive payment in full. You agree to pay for all fees associated with collecting any balance due from you.

* Terms are passed to authorized users and assigns
If you give someone else your login and password and permission to use the system in your name, the terms of this services must be followed by the persons or entities you assign. Ultimately you are responsible as the main account holder. For example, someone you grant user permission to may cause your account to be suspended or canceled if they spam or upload a NON opt-in purchased list. You may also be suspended if you decide to share expenses with someone and they do not pay in full. All users of an account share the responsbility of adhering to these terms, but the original subscriber is ultimately responsible.

When you sign up for service, you must agree to having read and to abide by these Terms of Service. You also agree and understand that we here at DataTender have final say in all matters relating to who uses this service and that such is not open to discussion or interpretation.

Copyright 2000 BySky Inc. No portions may be copied, reproduced or distributed without the explicit written permission of BySky Inc. or its affiliates. Software application Copyright 2000 Retail BySky Inc.