Happy Customers :: Anti Spam

Happy Customers Terms of Use and Anti Spam Policy

1. Your list of recipients must have specifically requested to receive emails from you or your client
2. You agree to follow all guidelines
3. YOU MAY NOT use Happy Customers to send email campaigns to "3rd party opt-in lists", "Rented lists", "Purchased lists","lists that you compiled yourself, by hand", or any other list that did not specifically request to receive emails from your (or your clients') website. If we suspect that you are not using an opt-in list, we can remove you from this service.
4. You must provide an unsubscribe option for all recipients and this is automatically applied to all your marketing materials when sent through the Happy Customers web based service tools
5. You will comply with all federal, state, or other anti-spam laws and statutes applicable in your jurisdication
6. You will comply with the US CAN-SPAM Law
7. You will not falsify the "from:" address in your email. All replies to your email must go to your or your client's valid email address. Using anonymous or free email addresses (like Yahoo, Excite, Hotmail, etc) is considered "suspicious"---it's a good way to get banned from our system.
8. You will not impersonate anyone, send anything gross or offensive, and you have all copyrights to send the material you're sending
9. You will not abuse our system, our servers, or try to defeat our billing system in any way
10. No pornographic material from any website, company or other may use these services. All violations will be subject to being removed immediately and no refund will be applicable.

We can remove you from our services if:
1. Your signup information looks suspicious, looks false, or is too vague
2. We catch you breaking any rules
3. You don't follow our terms of use
4. You attempt to hack our system in any way
5. You look like you're a spammer
6. Your content looks too "spammy" (yes, even if you're a legitimate user, if your content is too "spammy", we will expell you to keep our IP address from being blacklisted)
7. Your emails are in a language we can't understand, but it pretty much looks like spam to us
8. You are the competition, and you're trying to steal our ideas
9. You abuse our system, server, staff in any way
10. You use opt-out, instead of opt-in.
11. Your email content is intended to mislead or scam recipients in any way
If you break the rules we outline on this page, you agree to the following:
1. Happy Customers has the right to shut down your account without refund, mercy, warning, or explanation
2. If we receive legitimate complaints from recipients regarding your account, you allow us to send your contact information to the complaining parties

Refunds
* If we expell you from the system for spamming, or for any kind of abuse, we will not provide a refund. Your payment will serve as a "cleanup fee" to make up for the cost of time spent explaining things to the blacklists, anti-spammers, and ISPs.
* If we need to end your account for other reasons, we provide refunds for any unused portion of your account, on a case-by-case basis.

1. ACCEPTANCE OF TERMS
This Happy Customers website ("Site") is a service of the Happy Customers organisation. Happy Customers provides its service to you subject to the following Terms and Conditions of Use ("Terms"). By accessing this Site on the Internet or World Wide Web and/or using the Happy Customers service, you are agreeing to comply with and be bound by the Terms. In addition, when using particular Happy Customers services, you are subject to any posted guidelines or rules applicable to such services. All such guidelines and rules applicable to such services are hereby incorporated by reference in the Terms.
Use of Site
Your use of the Site is subject to applicable local, state, federal and International law. You agree not to use the Site or any of the Content for any illegal purpose, or to transmit to or through the Site any illegal, harmful, threatening, defamatory, obscene, hateful or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Site (including by using any merchandise or the Services offered on or in connection with the Site). By way of example only, and not as a limitation, you specifically agree not to:
(a) upload, post, e-mail, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(i) intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law, including, but not limited to, regulations promulgated by the AUSTRALIAN SECURITIES AND INVESTMENT COMMISSION, any rules of any national or other securities exchange, including, without limitation, the AUSTRALIAN Stock Exchange.

Disclaimer
THE SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. THE HAPPY CUSTOMERS WEBSITE IS A DISTRIBUTOR AND NOT A PUBLISHER OF THE CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SITE; AS SUCH, HAPPY CUSTOMERS EXERCISES NO EDITORIAL CONTROL OVER SUCH CONTENT AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH OR ACCESSIBLE VIA THE SITE. WITHOUT LIMITING THE FOREGOING, HAPPY CUSTOMERS SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS AS THE PUBLISHER OF ANY CONTENT TRANSMITTED ON OR IN CONNECTION WITH THE SITE OR ON SITES THAT MAY APPEAR AS LINKS ON THE SITE, OR AS THE MANUFACTURER OF THE PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY HAPPY CUSTOMERS NOR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THE LIKE SHALL CREATE A WARRANTY. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
Limitation Of Liability
YOUR USE OF THE SITE AND ITS CONTENTS IS AT YOUR OWN RISK. NEITHER HAPPY CUSTOMERS NOR ANY OF ITS AFFILIATES OR OTHER PARTIES INVOLVED IN CREATING AND DELIVERING THE SITE, OR THE SERVICE OR ANY PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE SITE, WILL BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF THIRD PARTIES ARISING FROM USE OF THE SITE, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF RELIANCE BY THE USER ON INFORMATION OBTAINED FROM HAPPY CUSTOMERS OR THE SITE, OR FOR DAMAGES WHICH RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY IN OPERATION, INTERRUPTION OF SERVICE, OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT, OR UNAUTHORIZED ACCESS TO THE HAPPY CUSTOMERS RECORDS OR THE SITE. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to you; in such states, liability is limited to the fullest extent permitted by law.
Indemnification
YOU AGREE TO INDEMNIFY AND HOLD HAPPY CUSTOMERS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICE, USE OF YOUR ACCOUNT BY ANY THIRD PARTY, THE VIOLATION OF THE TERMS OF USE BY YOU, OR THE INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
Security Rules
You agree not to violate or attempt to violate the security of the Site, including without limitation, (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to the Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited e-mail, flooding, spamming, mailbombing, or crashing; (f) attempting to do any of the preceding.
Special Legal Considerations
You must possess the legal right and ability to use the Site. Without limiting the foregoing, you agree to be financially responsible for any order(s) you place on or in connection with the Site. You also acknowledge that the Content may not be suitable for all visitors and you agree to comply with all applicable laws, rules and regulations concerning your access to and/or use of such portion(s) of the Site and/or the Content, including any internal rules regarding your access to and/or use of the Site (e.g. any applicable rules and or policies of your employer or Internet Service Provider). Not withstanding any other provision of the Terms to the contrary, Happy Customers reserves the right to cooperate with local, state and federal officials in any investigation relating to any purported illegal activity(ies) and, when required by law, regulation, legal process or government requests, to disclose any personal information furnished by you or collected by Happy Customers to law enforcement authorities or other relevant or related third parties. Happy Customers RESERVES THE RIGHT TO CHANGE THE FOREGOING TERMS AT ANY TIME BY POSTING CHANGES ON-LINE. YOU ARE RESPONSIBLE FOR REVIEWING INFORMATION POSTED ON-LINE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR CONTINUED VISITS, USE OF THE SERVICES AND/OR PURCHASE OF MERCHANDISE THROUGH THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS, AS MODIFIED BY ANY POSTED CHANGES.
Violation of Terms
If you are found to be in violation of ANY of the Terms, Happy Customers reserves the right to cancel your account at any time, and without refund, and or/refuse technical support.
Additionally, we reserve the right to refuse technical support and shut down your account if you:
* Use Happy Customers to send unsolicited bulk email
* Falsify return address information
* Falsify subject review information
* Use Happy Customers to distribute illegal content
Happy Customers was designed to help small business owners deliver content to their list of opt-in customers on the basis of a word of mouth incentive program. Our server is capable of alerting us when Happy Customers is potentially being abused by spammers.