The following encompasses our agreement with you and governs under what terms and conditions you may use the Z-Blaster service. These terms supersede any prior version and any verbal or other agreements. Any changes to this policy will be posted on the Z-Blaster website in advance. Each time you use the Z-Blaster service, you reaffirm your agreement to these terms in their most current form.
You agree to abide by the CAN-SPAM Act of 2003[hotlink] and the Z-Blaster Anti-Spam Policy [hotlink]. We have a very strict policy against using Z-Blaster for spamming purposes, and we proactively monitor all Z-Blaster usage to detect spam or other misuse. We have a ZERO TOLERANCE policy, and will terminate your account immediately without refund if you spam or break any law or Z-Blaster policy. As well, we will pursue legal action against flagrant violations. If you believe someone is using Z-Blaster for spamming or illegal purposes, please notify us immediately at Spam-Police@Z-Blaster.com [hotlink to popup email compose].
By using Z-Blaster, you confirm that you are the owner of your list and have clear title to it. You also confirm that you have intellectual property usage rights for all content contained in e-mails you send through Z-Blaster, and you agree to indemnify Z-Blaster and its members, owners, and partners for any liability that arises from your use or misuse of intellectual property or a list. You agree to pay our legal and other reasonable costs incurred if we become involved in any dispute arising from your use of intellectual property or a list. Z-Blaster is a fee-for-service provider; by using Z-Blaster you do not gain any rights to the software code or website content of Z-Blaster. You agree not to directly or indirectly attempt to copy, re-create or reverse-engineer the Z-Blaster code, and you agree to not create a competing, derivative, or related product without our consent.
You agree that our agreements are governed by the laws of the state of Nevada; any legal disputes will be resolved in that jurisdiction; and we reserve the right to choose to resolve any disputes via mandatory binding arbitration, at our discretion.
Z-Blaster makes no implicit or explicit guarantees regarding the performance of the Z-Blaster service; we will make all reasonable efforts to deliver results you desire. If, however, you are unhappy or dis-serviced by Z-Blaster, our maximum liability to compensate you will be the amount of usage fees you have paid us for the service in question.
Z-Blaster may choose to use 3rd party affiliates to perform some business functions and services. You agree that they will receive the same legal terms and protections as Z-Blaster, for example indemnification. If Z-Blaster refers you to a 3rd party to provide a service to you, for example a web designer, your business dealings with that 3rd party are independent of your obligations to and contract with Z-Blaster.
You agree to acquire, use and maintain your list in accordance with all legal and governmental guidelines, and agree to indemnify Z-Blaster and its members, owners and partners for any liability that arises from your failure to do so and pay our legal and other reasonable costs incurred if we become involved in any related dispute. You agree to remove anyone from your distribution list that requests to be removed, in a timely fashion. You agree that Z-Blaster may also process opt-outs on your behalf, and/or remove addresses from your list at our discretion if we believe there is legal or ethical cause to do so.
By using the Z-Blaster service, you agree to our billing policy.
Z-Blaster will distribute the content you upload as nearly as possible to its original form. We apologize in advance for any minor modifications that may occur in the blasting process, but do not guarantee exact replication nor accept any liability arising from variations. Please use the testing function prior to blasting to your list, to ensure you are comfortable with how your content will be displayed when distributed. Z-Blaster also reserves the right to add headers and/or footers to your distributed content at our discretion. For example, we may add a footer that enables recipients to opt-out of future e-mails. You also agree that your content and its distribution will conform to all legal guidelines and restrictions (for example, age verification when marketing products that require age verification), and if it does not, you indemnify Z-Blaster and its members, owners and partners for any liability that may arise, and agree to pay our legal and other reasonable costs.
For ordinary matters, our liability to you will be the amount paid for the services in question. In all instances, the total maximum limit of our liability to you for all matters will be the cumulative total of your fees paid to Z-Blaster.
You may terminate your service at any time without refund. Z-Blaster reserves the right to refuse or terminate service to any party at its discretion for any reason, without advance notice and without incurring any liabilities . If you violate any of the terms of use we may terminate your service, and we will not make any refunds for unused points or credits or pre-paid services.