Terms of Use

This Terms of Use (the "Agreement", as modified from time to time in accordance with the terms of this Agreement) is a legal agreement between You and ManageMeasure and defines the terms and conditions under which You are allowed to use the Services (as defined below).

This Agreement takes effect on the earliest of You signing up an account at the Site or after logging into the Services for the first time. If You enter into this Agreement or acquire the Services on behalf of an entity, You represent and warrant that You have the authority to accept this Agreement on the entity's behalf.

ManageMeasure may refuse to provide You with the Services, suspend or close Your account, and change eligibility requirements at any time in accordance with the terms of this Agreement. If You have any questions regarding this Agreement, You can go to the support page at the Site.

1. Services and Support

1.1 The Services are provided subject to this Agreement. ManageMeasure may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement at the Site.

1.2 The Services are available to individual such as insurance agent, property agent, freelance web designer, etc. However, only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If You do not qualify, please do not use the Services.

1.3 The Services enable Customer to sign up website visitors, collect and retrieve visitor sign up data, and develop and execute email communications with Your subscribers and targeted prospects.

1.4 Both the number of email messages sent and the number of KiloBytes (KB) of data transferred are being metered. Your account may allows You to send an unlimited number of email messages however the total KB of data transfer for each message can be no more than 100KB.

1.5 All fees are subject to change at any time. All fees paid for the Services are non-refundable, unless an account is terminated by ManageMeasure for a reason other than violation of the Anti-Spam Policy. Payment for the Services will be made by a valid and accepted credit card, unless other mode of payment has been approved and arranged for. Customer hereby authorize Us to charge Your credit card for such amounts whenever You send a campaign to more than the free tier allowed. Payment made using credit card is payable only in US dollars. If for any reason, We are unable to effect automatic payment via Your credit card, You will be notified via email. An earliest payment needs to be arranged to prevent de-activation of Your account.

1.6 In the case of account de-activation, ManageMeasure may charge Customer an account re-activation fee should Your account need to be re-activated after Your account has become de-activated due to non-payment or an untimely authorization for payment.

1.7 For account registration, Customer must complete the sign up page at the Site. You will provide true, accurate, current, and complete information about You or Your entity as requested. As part of the registration process, You will be notified of Your account username and password via email upon successful account activation. You are responsible for maintaining the security of Your account, password, and files, and for all uses of Your account and of the Services in Your name. ManageMeasure reserves the right to refuse registration of, or cancel, Your accounts it deems inappropriate.

1.8 It is understood that ManageMeasure makes no guarantee that HTML messages will be rendered properly on all recipients’ email programs, due to the wide variety of HTML generation tools available. We make every attempt to make sure that all email messages sent through the Services follow email standards, but We cannot guarantee that messages will look consistent across all email platforms due to the number of different HTML composition tools available. For best results We recommend, but does not guarantee, the use of HTML editors that generate HTML that adheres to W3C standards.

2. Restrictions and Responsibilities

2.1 This is an Agreement for the Services, and Customer is not granted a license to the Services by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services, documentation, or data related to the Services; remove any proprietary notices or labels from the Services, modify, translate, or create derivative works based on the Services; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services. The Services shall be used for Your internal business (which includes civic or charitable) purposes only and You shall not use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third party. If You are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services does not affect Your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.

2.2 Customer acknowledges and agrees that the Services and all the company names and logos and all related product and service names, design marks and slogans, are the property of ManageMeasure or its affiliates or suppliers (collectively, the “Marks”). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent from ManageMeasure. Your use of the Services confers no title or ownership in the Services or the Marks and is not a sale of any rights in the Services or the Marks. All ownership rights remain with ManageMeasure or its third party suppliers, as the case may be.

2.3 Customer represents, covenants, and warrants that You will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). 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. You hereby agree to indemnify and hold ManageMeasure harmless against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to Your use of the Services. Although, We have no obligation to monitor the content provided by You or Your use of the Services, We may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.

2.4 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates any federal, state or other laws that may apply in Your local area is prohibited. This may include but not limited to spreading of fake news and falsehoods that incite discrimination, hate speech or religious violence, and material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party’s intellectual property rights.

2.5 In using the varied features of the Services, Customer may provide information (such as name, contact information, or other registration information) to ManageMeasure. We may use this information and any technical information about Your use of the Services to tailor its presentations to You, facilitate Your movement through the Services, or communicate separately with You.

2.6 ManageMeasure will not use any of Your subscriber lists or any of Your customer information for any other purposes than those intended with the Services. Your customer information will not be shared with any other parties. In addition, We will not use Your customer information for the purpose of sending unsolicited commercial email.

2.7 Customer will adopt and maintain the Privacy Policy, which may be modified by ManageMeasure from time to time.

2.8 In addtion to Clause 2.4, Customer may not use the Services to distribute illegal contests, promoting online sports betting and gambling, pyramid schemes, chain letters, or multi-level marketing campaigns as such activities may be considered illegal in some countries.

2.9 In addition to Clause 2.4, Customer may not use the Services to send email campaigns that containing link(s) to or display nudity, pronography, sex enhancement pills or related content, illegal software, viruses, or to distribute any other content that ManageMeasure deem inappropriate.

3. Termination

3.1 At any time, Customer may terminate this Agreement by any form of written notice. Correspondence must include Your name, company (if any), and the Services username. No refunds will be issued if You terminate this agreement.

3.2 Similarly, ManageMeasure may terminate this Agreement or the Services at any time with or without cause, and with or without notice. We shall have no liability to You or any third party because of such termination. If We terminate this Agreement because You violated the Anti-Spam Policy, no refund will be issued.

3.3 ManageMeasure may delete any of Your archived data within thirty (30) days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

3.4 If You do not log into Your account for more than 120 days, Your account will become inactive. When Your account is classified as inactive, ManageMeasure will flag that account as inactive. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER SIGNUPS, MAY BE PERMANENTLY REMOVED FROM OUR DATABASE.

4. Warranty Disclaimer; Remedies

4.1 USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. MANAGEMEASURE 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 SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

4.2 Your sole and exclusive remedy for any failure or non-performance of the Services shall be for us to use commercially reasonable efforts to adjust or repair the Services.

5. Limitation of Liability

5.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MANAGEMEASURE OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “PROVIDER“) BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF THE PROVIDER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, THE PROVIDER IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF THE PROVIDER TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

6. Export of the Services or Technical Data

6.1 You may not remove or export or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations in any applicable country.

7. Miscellaneous

7.1 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.

7.2 ManageMeasure and You agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

7.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and You do not have any authority of any kind to bind ManageMeasure in any respect whatsoever.

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

7.5 The Agreement shall be governed by laws without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts.

8. System Requirements

8.1 It is understood that in order to use the Services, a Windows PC with Internet Explorer 4.0 or higher must be used. Additionally, a stable connection to the Internet is required. The Services may work in a limited manner on Macintosh, Unix, and other platforms, but there is no guarantee of functionality on non-Windows platforms. Additionally, the Services may work in a limited manner on a non-Internet Explorer web browser (such as Netscape Navigator), but there is no guarantee of full functionality on web browsers other than Microsoft’s Internet Explorer.

9. Compliance rules for sending email

9.1 All Customer must follow the rules of the federal CAN-SPAM act and Our Anti-Spam Policy when sending email through the Services. Accordingly, ManageMeasure requires the following for email campaigns sent through the Services:

1. All email campaigns must contain a one-click unsubscribe link as provided by the Services. The Services scan every campaign for the existence of an unsubscribe link. If an unsubscribe link is not detected, the user is informed and is required to include an unsubscribe link before continuing.
2. All email campaigns must contain non-Internet contact information of the sender, such as Your company’s address, or Your company’s phone number.
3. All email campaigns must state the reason Your recipient is receiving the message. For example, “You are receiving this message from ABC Company because you signed up for our e-mail list at www.abc.com.”

9.2 The Services maintains its reputation and white-listing status with a number of major ISPs and white-listing programs. If at any time Your campaign is flagged as SPAM by any recipient, ManageMeasure reserves the right to cancel Your account without notice.

10. Email and Permission Practices

10.1 Every email message sent in connection with the Services must contain an unsubscribe link or other mechanism that allows subscribers to remove themselves from Your mailing list. Each such link must remain operational for a period of thirty (30) days after the date on which You send the message, and must be in form and substance satisfactory to the Services. You acknowledge and agree that You will not remove, disable or attempt to remove or disable either link.

10.2 Customer agrees to import, access or otherwise use only permission-based lists. Purchased email lists are strictly not allowed.

10.3 Similarly, Customer cannot email to distribution lists, newsgroups, or spam email addresses.

10.4 Customer is responsible for monitoring, correcting, processing unsubscribe requests within ten (10) days, and updating the email addresses to which messages are sent through Your account.

10.5 Emails that You send through the Services may generate abuse complaints from recipients. You are responsible for ensuring that Your email campaigns do not generate a number of abuse complaints in excess of industry norms. ManageMeasure, in its sole discretion, shall determine whether Your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.

10.6 ManageMeasure, at its own discretion, may immediately disable Your access without refund to the Services if We believe in its sole discretion that You have violated any of the email and permission practices listed above, or the Anti-Spam Policy.

Last updated on April, 2019

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Anti-Spam Policy

At ManageMeasure, We take spam and permission very seriously. By creating an account, You are agreeing to the Terms of Use, Privacy Policy and to this Anti-Spam Policy.

The LAW isn’t enough, it’s PERMISSION that counts.

While the CAN-SPAM laws are a step in the right direction for reducing the spam problem, We don’t feel they go far enough. Our definition of spam goes beyond the laws in most countries and encompasses what We believe to be true permission emailing.

Spam is any email You send to someone who hasn’t given You their direct permission to contact them on the topic of the email.

But that’s not enough. Permission is a fuzzy word open to interpretation. Let’s get into some specific scenarios so it’s clear what does and doesn’t constitute permission.

What kind of email addresses are OK to send?

To send email to anyone using ManageMeasure, You must have clearly obtained their permission. This could be done through:

• A personal relationship.
• An email newsletter subscribe form on Your blog or Your web site.
• An opt-in checkbox on an online or paper form. This checkbox must not be checked by default, the person completing the form must willingly select the checkbox to indicate they want to hear from You.
• If someone completes an offline form like a survey or enters a competition, You can only contact them if it was explained to them that they would be contacted by email AND they ticked a box indicating they would like to be contacted.
• People who have purchased from You within the last 2 years.
• If someone gives You their business card and You have explicitly asked for permission to add them to Your mailing list, then You can contact them.

Basically, You can only ever email anyone who has clearly given You permission to email them specifically about the subject You are contacting them about.

What kind of email addresses ARE NOT OK to send?

Anything outside the examples above doesn’t equal permission, but here are some examples to make sure You are crystal clear. By using the Services, You agree not to import or send to any email address which:

• You do not have explicit, provable permission to contact in relation to the topic of the email You are sending.
• You bought, loaned, rented or in any way acquired from a third party, no matter what they claim about quality or permission. You need to obtain permission Your own.
• You haven’t contacted via email in the last two (2) years. Permission doesn’t age well and these people have either changed email address or won’t remember giving their permission in the first place. If You had sent a paper newsletter in the past, make it very clear that You will be sending emails as well.
• You scraped or copy and pasted from the web. Just because people publish their email address doesn’t mean they want to hear from You.

Sure, some of these people might have given You their email address, but what’s missing is Your permission to email them. Sending emails to any of these people won’t be effective and will more than likely see Your email marked as spam by many of Your recipients.

What content MUST You include in Your email?

Every email You send using the Services must include the following:

1. A single-click unsubscribe link that instantly removes the subscriber from Your list. Once they unsubscribe, You can never email them again.
2. The name and physical address of You, the sender.

How ManageMeasure know if You don’t have permission?

ManageMeasure has numerous layers of approval and monitoring to ensure You comply with the Anti-Spam Policy. Here’s a few of them:

1. ManageMeasure is directly integrated into the spam reporting systems for some of the biggest ISP’s like Hotmail and AOL. If You don’t have permission and someone marks Your campaign as spam, We will know about it. If You receive a complaint rate greater than 0.25% of all recipients (that’s 3 complaints for every 1,000 recipients), Your account will be terminated. This is a generous figure that takes into account false spam reports.
2. All large lists imported into the Services have to be verified. Until We have given it the all clear, You can’t send it.

If We discover that You are blatantly emailing people without their permission, We will terminate Your account immediately.

In the end, it’s really common sense. Think about it from the recipient’s point of view. If they don’t recognize who You are or aren’t interested in Your emails, they’ll think You are a spammer. It’s that simple.

If You have any questions about the Anti-spam Policy, please go to the support page at the Site.

Last updated on March, 2019

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Privacy Policy

At ManageMeasure, We respect the privacy needs of our valued customers and members. This Privacy Policy outlines what specific information is gathered and how that information is used.

Maintaining the privacy of Your information is of paramount importance to Us as it helps foster confidence, goodwill and stronger relationships with You, our customers.

Information Collection and Use

ManageMeasure explicitly asks when We need information that personally identifies You (“Personal Information”). Your Personal Information is used to create Your personal access to the Services, and to contact You in the course of using the Services. Financial information that is collected is used to verify, identity and to bill You for the Services, as applicable. Demographic and profile data collected may be used to tailor the Site or any requested email communications, and to display information that is more relevant to You.

Your email address is used to only send You information that You have requested. As part of Your use of the Services, ManageMeasure allows You to elect to receive, or not receive, certain information from Us. We adheres strictly to permission-based email policy. Except as mentioned above, We will not send You unsolicited email information, commercial offers or advertisements. We will not sell, rent, or loan Our contact lists or Your contact lists to any outside firms nor will We use Your contact lists for Our own marketing purposes. All emails that You have requested will have an option to unsubscribe. Unsubscribe requests are fulfilled within minutes and no further communications will be sent to users who have stated that they do not wish to receive the specified information.

Subscriber Lists, Campaign Content and Campaign Reports

ManageMeasure ensures that all subscriber lists, email content and reports remain private and confidential. We may scan the content of Your campaigns to ensure it complies with the Terms of Use — to protect against defamatory, inaccurate, abusive, obscene, profane, or threatening material that is racially or ethnically offensive. We will not sell, rent, loan or invite external access to a Your contact lists. Nor will We use Your contact lists for any purpose.

Communications from the Site

1. Special Offers and Updates

ManageMeasure send all new users a welcoming email to verify their new account and confirm their password and username. Established users will occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of Our users We present the option to not receive these types of communications. You can unsubscribe via the unsubscribe mechanism at the bottom of each email.

2. Newsletter

If You wish to subscribe to Our newsletter, We ask for contact information such as Your name and email address. Out of respect for Our users privacy We provide a way to opt-out of these communications via the unsubscribe mechanism at the bottom of each email.

3. Service Announcements

On rare occasions it is necessary to send out a strictly service related announcement. For instance, if the Services are temporarily suspended for maintenance We might send You a notification email. Generally, You may not opt-out of these communications, though You can deactivate Your account. However, these communications are not promotional in nature.

4. Customer Service

ManageMeasure communicate with You on a regular basis to provide requested services and in regards to issues relating to Your account. For other support matter, You can go to the support page at the Site.

Website Usage Information

ManageMeasure use Your IP address to help diagnose problems with Our server, and to administer the Site. We do not link Your IP address to any personally identifiable information. We use tracking information to determine which areas the Site users visit based on traffic to those areas. We do not track what individual users read, but rather how often each page is visited. This helps Us maintain a superior and informative website for You.

Security Technology

The Services are using the latest server, database, backup and firewall technologies to protect Our information assets. These technologies are deployed as part of sophisticated security architecture. All data resides in a tightly controlled, secure data center. These investments mean that information about the identity and preferences of individual members is never accessible to anyone outside. We will maintain safeguards to protect the security of these servers and Your personally identifiable information.

Policy Modifications

ManageMeasure may change this Privacy Policy from time to time. If/when We make changes to this privacy statement, we will publish the changes at the Site. We will post any changes here, so be sure to check back periodically. However, please be assured that if the Privacy Policy changes in the future, We will not use the personal information You have submitted to Us under this Privacy Policy in a manner that is materially inconsistent with this Privacy Policy, without Your prior consent.

If You have any questions about our privacy statement, the information we have collected from You with the Services, the practices of the Site, or Your dealings with the Site, please go to the support page at the Site.

Last updated on December, 2018

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