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New Client Information Username Password Your First Name Your Last Name Your email address Company Name Your Phone Number The Title of your Newsletter Default Email Return Name What's this? Default Email Return Address What's this? Promotional Code Product Quantity Price NewsletterPro Service Includes 1,500 Published Emails per Month All Features Included Automatic Free Feature Upgrades First Month of Service is Free! Select a payment option: Monthly Payment of $49.95 Annual Payment of $499 (save over $100!) 1 Publication Usage Upgrade Pack Each pack includes 2,500 additional emails per month for only $9.95 per month. upgrade packs For a total of emails per month Total Recurring Cost: Payment Frequency: Due right now: Licensing Agreement please read the following: LICENSE AGREEMENT This License Agreement (the "Agreement") is between you (the user) and NewsletterPro ("NewsletterPro"). Access to the Application described in Section 1 is offered to you conditioned on your acceptance of the terms and conditions contained in this Agreement. You will be requested at the end of this Agreement to indicate your acceptance of these terms and conditions. By clicking on the "ACCEPTED and AGREED" button, you will have accepted and agreed to be bound by these terms and conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THE APPLICATION OR, IF YOU HAVE USED THE APPLICATION, YOU MUST IMMEDIATELY CEASE USING THE APPLICATION AND NOTIFY NEWSLETTERPRO OF YOUR SUBSCRIBER PASSWORD. 1. Grant of License. 1.1 NewsletterPro hereby grants to you a nonexclusive, right to use the [NewsletterPro Newsletter Application] (the "Application") solely by accessing the Application via the Internet through a password provided by NewsletterPro. Your license is subject to the terms and conditions of this Agreement and subject to timely payment of the license fees for the Application by the NewsletterPro reseller from which you purchased a license to use the Application. 1.2 The Application will reside at all times on NewsletterPro servers and you expressly agree that you are not permitted to download or otherwise acquire, modify, or reproduce the source code, object code or data list of emails from the Application. 2. Restrictions. 2.1 Except as specifically permitted herein, you will not: network, rent, loan, sub-license or lease the Application to others; or reverse engineer, reverse translate, decompile, disassemble or in any manner decode the Application, except as otherwise permitted by law. You may not assign your rights under this Agreement without the written approval of Newsletter Pro. 2.2 You will not insert into Application fields or databases or use in connection with the Application any data, text, images, email addresses, hyperlinks, or other contact information or content of any kind ("Content") that: (a) is obscene, defamatory, libelous, slanderous, offensive, profane, indecent or unlawful; (b) is used without necessary authorization or infringes or misappropriates third party intellectual property rights (including but not limited to copyrights, trademarks, patents, trade secrets or any other proprietary, publicity, or privacy right); (c) constitutes "hate speech," whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group; (d) promotes or contains viruses, worms, corrupted files, cracks, circumvention devices, or other materials that are intended to or may damage, render inoperable, or illegally circumvent software, hardware, or security measures of NewsletterPro or any third party; (e) facilitates or promotes gambling or illicit drugs; (f) facilitates, promotes or forwards illegal contests or pyramid schemes (collectively, "Prohibited Content"). NewsletterPro may, but is not required to, review any Content. NewsletterPro may immediately remove any Content that it reasonably deems Prohibited Content. Such removal of Prohibited Content by NewsletterPro will not constitute breach of this Agreement or otherwise entitle you to any legal remedy. 2.3 You will not use the Application to harass or violate the rights of publicity or privacy of any third party. 2.4 You represent that you have obtained the permission of the owner of each email address used in connection with the Application to disclose that email address to NewsletterPro. NewsletterPro permanently retains rights to contact each address entered into the system for reasonable marketing purposes within the content guidelines defined in sections 2.2 and 2.3 above. There is no support for an export of addresses from the NewsletterPro system. 3. Term. The term of this Agreement is effective until terminated, as provided herein. 4. Termination. NewsletterPro may immediately terminate this Agreement, delete all Content and data in your Application file and prohibit your access to the Application if you breach any representation, warranty, agreement or obligation contained or referred to in this Agreement. NewsletterPro may also terminate this Agreement upon thirty (30) days notice without cause, during which time you will be permitted to store data stored in the Application that is owned by you. The provisions of Sections 2, 5, 6, -10, 12 and 13 of this Agreement shall survive termination of this Agreement. 5. Proprietary Rights and Confidentiality. The Application is solely owned by NewsletterPro and is protected by copyright, trade secret, and other intellectual property laws. You will take all steps necessary to protect NewsletterPro's proprietary rights in the Application, including, but not limited to, the proper display of copyright, trademark, and other proprietary notices on any versions or end products of the Application displayed, generated or used by or for you. You will, at your own cost and expense, protect and defend NewsletterPro's ownership of the Application against all claims, liens and legal processes of your creditors and will keep the Application free and clear of all such claims, liens and processes. You will keep the Application confidential and will not disclose or publish it, or any part of it, except as specifically provided herein. 6. Accessibility Of The Application. 6.1 NewsletterPro will exercise commercially reasonable efforts to ensure that the Application is reasonably accessible and operational for authorized users. Due to the complex nature of the Application and the Application's necessary reliance on the Internet and other telecommunications networks that NewsletterPro does not control, the application will be unavailable from time to time and will be unavailable for limited periods for repair, regular maintenance, and upgrades. Such periods of down time may occur at NewsletterPro's sole discretion and without notice. NewsletterPro will exercise commercially reasonable efforts to correct any replicable deficiencies in the Application of which it becomes aware. 6.2 You are responsible for all telecommunications, hardware, software, and any other equipment necessary to access the Application on the Internet. 7. Warranties. 7.1 THE APPLICATION IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT. NewsletterPro FURTHER DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NewsletterPro MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OR THE ACCURACY OF THE INFORMATION CONTAINED IN THE APPLICATION AND OTHER INFORMATION PROVIDED TO YOU BY NewsletterPro. THE INFORMATION PROVIDED BY NewsletterPro COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. 7.2 You warrant that all individuals having access to the Application will observe and perform all the terms and conditions of this Agreement. You shall, at your own expense, promptly enforce the restrictions in this Agreement against any person who gains access to the Application in violation of the terms of the Agreement. You shall immediately notify NewsletterPro in writing of any misuse, misappropriation or unauthorized disclosure, display or copying of the Application that may come to your attention. 8. Limitation of Liability. IN NO EVENT SHALL NewsletterPro BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITING THE FOREGOING, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT OR FOR ANY CAUSE OF ACTION, INCLUDING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF NewsletterPro HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY DAMAGES THAT NewsletterPro IS REQUIRED TO PAY FOR ANY PURPOSE WHATSOEVER SHALL BE LIMITED TO THE LICENSE FEES PAID FOR USE OF THE APPLICATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU UNDER THE LAWS OF THOSE STATES. No action, regardless of form, arising out of any transaction under this Agreement, may be brought by you more than one year after you have knowledge of the occurrence which gives rise to the cause of such action. 9. Indemnity. You agree to indemnify, defend, and hold NewsletterPro and its successors, officers, directors, and employees harmless from any and all actions, causes of action, claims, demands, costs, liabilities, expenses (including reasonable attorney's fees) and damages arising out of or in connection with any claim made by a third party which, if true, directly relates to (a) Content provided by you to NewsletterPro or inserted by you into Application fields or databases, or (b) a breach by you of any warranty or obligation set forth in this Agreement. 10. Injunctive Relief. Because of the unique nature of the Application, you understand and agree that NewsletterPro will suffer irreparable injury in the event you fail to comply with any of the terms of this Agreement and that monetary damages may be inadequate to compensate NewsletterPro for such breach. Accordingly, you agree that NewsletterPro will, in addition to any other remedies available to it at law or in equity, be entitled to injunctive relief, without posting a bond, to enforce the terms of this Agreement. 11. Miscellaneous. You shall also pay all access, telecommunications, insurance, media-related costs and taxes and other governmental charges, however characterized (except based on NewsletterPro's income), in connection with your licensing of the Application. NewsletterPro shall be neither in default nor liable for any failure in performance or loss or damage under this Agreement due to any cause beyond its control including without limitation telecommunications outages and Internet backbone failures. If requested by NewsletterPro at any time, you will certify under oath that you have fully and faithfully observed all of the terms and conditions of this Agreement. At reasonable times, NewsletterPro may inspect your premises and equipment to verify that all of the terms and conditions of this Agreement are being observed. This Agreement shall inure to the benefit of NewsletterPro and its successors, administrators, heirs and assigns. If any litigation is brought to enforce, or arises out of, the Agreement or any term, clause, or provision hereof, the prevailing party shall be awarded its reasonable attorney's fees together with expenses and costs incurred with such litigation, including without limitation necessary fees, costs, and expenses for services rendered, as well as subsequent to judgment in obtaining execution thereof. 12. Acknowledgment of Understanding - Entire Agreement. You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. You also agree that this Agreement is the complete and exclusive statement of the agreement between NewsletterPro and you and supersedes all proposals, representations or prior agreements, oral or written, and any other communications between NewsletterPro and you relating to the subject matter of this Agreement. This Agreement may not be amended, except by an agreement in writing which is signed by authorized representatives of NewsletterPro and you. 13. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Washington, but not including the 1980 United Nations Convention on Contracts for International Sale of Goods. Venue for any action under this Agreement shall be in Seattle, Washington. You consent to the personal jurisdiction of the courts of such venue. Check this box to indicate you have read, and agree to this licensing agreement

Licensing Agreement |