Our terms are designed to encourage better service and compliance with anti-spam regulations. By using CivilDispatch.com, you are agreeing to the following documents, and, as such, we recommend familiarizing yourself with the following documents.
CivilDispatch.com has a no tolerance spam policy that we take very seriously. User accounts will be terminated if they send unsolicited email or SMS messages.
For Email or SMS Recipients, ISPs, and Blacklist Admins
CivilDispatch.com has a no tolerance spam policy. User accounts will be terminated if they send unsolicited email or SMS messages. Please report any suspected abuse to abuse@CivilDispatch.com. ISPs and Blacklists administrators may contact us at relations@CivilDispatch.com. Please forward the complete email or SMS in question, including headers. If applicable, please also unsubscribe from the newsletter using the link at the bottom of the email or SMS if you no longer wish to receive emails or SMS messages from the sender. We will take the appropriate action against the sender of the email or SMS in question.
ISP and Blacklist Admin Relations
CivilDispatch.com has built relationships with many of the leading ISPs and blacklist administrators. These relationships usually involve the sharing of information regarding policies, practices and issues. If you are an ISP, mail administrator or blacklist owner and would like to get in touch with us, please email relations@CivilDispatch.com.
For CivilDispatch.com Users
All users of our CivilDispatch.com software must agree to only sending permission-based email or SMS messages as part of agreeing to the End User License Agreement (EULA) upon signup. This means that all recipients sent to must have opted-in to receive communications from the sending organization.
An opt-in can occur either via a sign-up form on a web site, at a point-of-sale sign-up form, or on a physical sign-up sheet. Any opt-in form should include a clear description of what will be sent and how often it will be sent. Purchased lists may not be used within the CivilDispatch.com system, regardless of the source or permission status.
As a user of CivilDispatch.com, you may not:
- harvest emails from web sites that you do not own
- purchase lists (whether they are opt-in or not)
- have a pre-checked field on your subscription form
- have a subscription form that subscribes users to an unrelated list
- send out unrelated offers or unrelated content to your alert list
- add an email address into a list without the subscriber's permission
- email someone who has requested to be removed from your list
- utilize a list older than 6 months without reconfirming the recipients' subscriptions
- send out a regular newsletter to a recipient who has opted-in to receive it
- send out information and content to recipients who have requested to receive content on that topic from your organization
CivilDispatch.com has a no tolerance spam policy. The strict measures we take to enforce our policy include, but are not limited to:
- We review and monitor large list imports. This includes a review of the list source, list age, collection methods, and confirmation practices.
- We utilize an MD5 hash record to screen for characteristics of commonly harvested lists
- A member of our staff reviews each message sent to more than 5000 recipients and either will approve or reject it. This threshold is 500 recipients for clients that have been with us less than two months.
- We utilize a content-checking utility to screen and flag any message that contains words common to unsolicited emails.
- We require a user to initial the following statement prior to each send: "I certify with my initials that all recipients granted their permission to be sent this message."
- A record is saved of every email that is sent through the system.
- Any customer found to be using CivilDispatch.com for spam will be immediately cut-off from use of the product.
- We maintain the IP address and date subscribed for every new subscriber.
- Every email, whether text or HTML, contains a mandatory unsubscribe/opt-out link at the bottom of the message. This unsubscribe link cannot be removed.
Procedure for Handling Complaints
We have a no tolerance spam policy. Your account will be immediately terminated if you send spam. Spam is defined as unsolicited mass email to persons with whom you do not have a business relationship or have not requested (opted-in to) your mailing. CivilDispatch.com is intended for businesses and organizations who have an established list of permission-based opt-in email addresses. We provide our product only to those who follow our strict anti-spam policy. Using the system to send out emails to addresses obtained in any way other than a subscriber opting-in to your list may incur a $100 (US) charge per substantiated incident (i.e. per email) in accordance with state and federal regulations.
To determine whether you have sent spam we will:
- review the content of the message in question
- review your subscriber list for patterns common to harvested lists
- review the spam complaint
- view the records to see when the subscriber was subscribed and their IP address
Procedure for Handling False Positive Complaints
We realize that it is possible for those who have subscribed to your mailings to have forgotten that they have subscribed. For this reason, we keep the IP address and date of subscription for all new subscribers. If we receive a complaint from a subscriber for which we have a record of their subscription, and the email sent to them contained the content they subscribed to, then we will notify the subscriber of the date and from which computer they subscribed from and provide a link for that subscriber to unsubscribe from your list.
Upon this type of complaint, we will notify you of the complaint, explain the action taken, and review your web site and may suggest changes to the notifications or descriptions you provide when subscribers sign up for your lists.
In the case that a subscriber who makes a complaint did not sign up through your site (i.e. was imported into the system) no IP record or date of subscription will be available. In this case, we will investigate the situation, look at the email in questions, and if it is determined that you may be sending UCE we will immediately disable the sending function on your account and we will immediately contact you by email and/or phone. As soon as we hear from you and are able to verify that the subscriber was indeed an opt-in subscriber, we will remove the sending-block.
Transfer of Subscribers
Please note that a subscriber subscribing to one of your lists does NOT give you permission to transfer them to other lists or send them content, even if it is through the same list, that differs from the content subscribed to.
For more information visit The Coalition Against Unsolicited Email or our CivilDispatch.com.
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Why did you receive an email from us?
If you received a mailing from us, (a) your email address is listed as being an account holder or (b) you have an existing business relationship with our account holder and have expressly shared this address for the purpose of receiving information in the future ("opt-in").
How can you stop receiving email?
Each email sent contains an easy, automated way for you to cease receiving email from the lists your are subscribed to, or to change your expressed interests. If you wish to do this, simply follow the instructions at the end of any email.
How we protect your privacy
We use security measures such as encryption to protect against the loss, misuse and alteration of data used by our system.
We hold two types of data. These are a) your personal account information and b) the data of subscribers who are on your lists ('subscriber data').
Sharing and Usage of Account Information
We will never share, sell, or rent your personal account information or subscriber data with anyone without your advance permission or unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information and to contracted service providers for purposes of providing services relating to our communications with you.
Upon termination of your account, both your account data and subscriber data will be deleted.
If, for any reason, this policy is violated, you may obtain a legal injunction to prevent the exposure of your data.
In no case whatsoever will liability of the Company exceed the amount of monies paid for services nor with the Company be liable for indirect, special, or consequential damages of any kind to any party.
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End User License Agreement (EULA)
An EULA is a legal contract between the manufacturer and the end user of an application. The EULA details how the software can and cannot be used and any restrictions that the manufacturer imposes. Please note that by agreeing to our End User License Agreement (EULA), you are agreeing to the following:
- If you choose to pay monthly, your credit card on file will be billed automatically on the first day of each month.
- You agree that any and all lists uploaded into CivilDispatch.com will be permission-based and you will never use purchased or rented list(s) within CivilDispatch.com.
- There is a monthly sending limit of 6 times your subscriber level. If this is exceeded you will be asked to purchase additional sending capacity.
- You can cancel your account at anytime and billing for your account will immediately cease, however you will not be refunded for billing periods preceding your cancellation, including the month in which you cancelled.
- Although we work hard to keep our IPs off of blacklists, at times we may be on one or more, negatively affecting our deliverability.
- Through its CivilDispatch.com (the "Services") CivilDispatch.com.com ("Company") provides web site operators a variety of tools and resources to collect visitor email addresses and to create, launch, and manage online marketing campaigns. This service may not be used for the sending of unsolicited email (sometimes called "spam"). See our Anti-Spam Policy. The following are the terms and conditions for use of the Services. By clicking the 'I accept these terms and conditions' button on the sign-up page, you accept these terms and conditions.
1. Services and Support
1.2 The Services are available 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, you are not permitted to use the Services.
1.3 The Services enable corporate web sites, small business web sites, organizational web sites, and community sites to sign up web site visitors, collect and retrieve visitor sign-up data, and develop and execute email marketing communications with visitors.
1.4 The Services will be subject to monthly subscription fees ("Paid Services") once you have completed your free trial period or have exceeded the free subscriber limit, even if you manually remove names from your subscriber list. The subscriber limits of the free trial are subject to change at any time. You will be notified via email of the completion or termination of your free trial period and may purchase, in advance, a monthly or annual subscription for Paid Services. Access to the Services will be disabled until payment is received. Paid Services are billed monthly or pre-paid, in advance, according to the Fee Schedule provided to you by CivilDispatch.com.com on its web site. The Fee Schedule, including subscriber levels and prices, are subject to change at any time. Amounts paid for the services are not refundable.
1.5 You must complete the registration form on the Sign Up page in order to use the Services. You will provide accurate information about yourself as requested in the registration form. As part of the registration process, you will identify an email address for your CivilDispatch.com account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name. CivilDispatch.com.com reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
1.6 If CivilDispatch.com.com is for any reason unable to effect payment via your credit card or by check for invoiced accounts, you will be notified via email and sending on your CivilDispatch.com account will be disabled until payment is received. Please note that allowing a credit card to expire or not submitting payment by check regardless of invoice receipt status will not automatically cancel your account. We continue to incur cost due to the maintenance of all account data, allowing subscriptions to occur, and providing access to your account. You will remain responsible for paying the monthly charge until we receive a cancellation notice as defined in Section Three (3) of this Agreement. We will send notice to the email address on record if a card is declined. We may also follow-up by phone or mail. If you are past due on payment of your invoice, we reserve the right to delete your data from our systems and discontinue Services in their entirety without any direct or third party liability whatsoever. We reserve the right to send delinquent accounts to a collection agency if they are not paid within three (3) months of invoice date. Any payment not received from Customer by the due date may accrue, at CivilDispatch.com.com’s discretion, late charges at the rate of one and a half percent (1.5%) of the outstanding balance per month, or at the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid.
1.7 You acknowledge that you will purchase a certain number of subscribers. If you have more subscribers stored in your account than the level purchased sending will be disabled until you reduce the number of subscribers or upgrade to a higher plan. One may send up to six (6) times the account subscriber limit per month. As an example if a subscriber limit is 100,000 that account may send up to 600,000 emails per month. All sends beyond six times may cause sending to be paused and additional charges to be incurred to allow for this overage. If you need a sending limit higher than 6 times monthly, contact support for a custom quote. Downgrading: a.) You many not downgrade your account to a subscriber level below your current number of subscribers as specified on the Home tab.
b.) Any downgrade request in excess of two may not be honored. In lieu of the downgrade CivilDispatch.com staff will provide a custom rate based on your fluctuating subscriber level.
c.) Any downgrade request will be made effective on the final day of your current prepaid term (month, quarter, or year, depending on your payment options).
1.8 You acknowledge that from time to time that email delivery of email messages may be blocked or prevented at the destination mail servers sent through CivilDispatch.com. You acknowledge and agree that you are responsible for paying Fees for all email messages sent through CivilDispatch.com, regardless of whether delivery of such messages to their intended recipients is prevented or blocked by any third party. You are responsible for monitoring, correcting and updating the email addresses to which messages are sent through your CivilDispatch.com account.
2. Restrictions and Responsibilities
2.1 This is an Agreement for Services, and you are not granted a license to any software 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 or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business (which includes civic or charitable) purposes only and you shall not use the Services or any Software 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 or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
2.2 You acknowledge and agree that the Services and the CivilDispatch.com.com company names and logos and all related product and service names, design marks and slogans, are the property of CivilDispatch.com.com 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 of CivilDispatch.com.com. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in CivilDispatch.com.com or its third party suppliers, as the case may be.
2.3 You represent, covenant, and warrant 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 harmless CivilDispatch.com.com 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 CivilDispatch.com.com has no obligation to monitor the content provided by you or your use of the Services, CivilDispatch.com.com 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.
2.5 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited. This may include 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. See CivilDispatch.com.com's Prohibited Content and Commerce Statement for details.
2.6 For every email message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating "Powered by CivilDispatch.com" or a similar message. You agree to cooperate with and provide reasonable assistance to CivilDispatch.com.com in promoting and advertising the Services.
2.7 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to CivilDispatch.com.com. CivilDispatch.com.com 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 Service, or communicate separately with you. If you licensed the Services as a result of solicitation by a Marketing Partner of CivilDispatch.com.com, CivilDispatch.com.com may share your information with the Marketing Partner. CivilDispatch.com.com will not provide information to companies you have not authorized, and CivilDispatch.com.com will not permit the companies that get such information to sell and redistribute it without your prior consent.
2.8 CivilDispatch.com.com will not use your customer list or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties. In addition, CivilDispatch.com.com will not use your customer information for the purpose of sending unsolicited commercial e-mail.
2.10 How we handle Spam complaints. We have a no tolerance spam policy. Your account will be immediately terminated if you send Spam. Spam is defined as unsolicited mass email to persons with whom you do not have a business relationship or have not requested (opted-in to) your mailing. CivilDispatch.com is intended for marketers who have an established list of permission-based opt-in email addresses. We provide our product only to those who follow our strict anti-spam policy. Using the system to send out emails to addresses obtained in any way other than a subscriber opting-in to your list will incur a $100.00 (US) charge per substantiated incident (i.e. per email). If you cannot provide proof that these addresses were subscribed to the list, that is also considered a 'substantiated incident' and will incur a $100.00 (US) charge.
3.1 Term of Agreement. This Agreement commences on the date your services initially began - the Effective Date - and continues until you terminate as defined in section 3.2. Services shall automatically renew for additional periods at the same contractual term as the previous Agreement at the list price in effect at the time of renewal unless Customer terminates as defined herein.
3.2 Termination. You may terminate this Agreement at any time by logging into your account and going to Cancel My Account within the Settings or by sending written notice to the attention of Accounting at CivilDispatch.com.com at P.O. Box 831 Boys Town, NE 68154. CivilDispatch.com.com may terminate this Agreement or the Services at any time with or without cause, and with or without notice. CivilDispatch.com.com shall have no liability to you or any third party because of such termination. All sections of this Agreement which by their nature will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
3.3 Outstanding Fees. Termination shall not relieve Customer of the obligation to pay any fees accrued or payable to CivilDispatch.com.com prior to the effective date of termination.
3.4 Customer Data. After cancellation, CivilDispatch.com.com shall have no obligation to maintain or provide any Customer Data and may, at its sole discretion, thereafter delete all such data from its systems or any other forms otherwise in its possession or under its control. If you are past due on payment of your invoice, we reserve the right to delete your data and discontinue Services in their entirety without notice to the Customer and such discontinuance would not result in any direct or third party liability whatsoever for CivilDispatch.com.com.
4. Warranty Disclaimer; Remedies
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. CIVILDISPATCH.COM 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 CivilDispatch.com.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for CivilDispatch.com.com to use commercially reasonable efforts to adjust or repair the Services.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL CIVILDISPATCH.COM 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 "CIVILDISPATCH.COM") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF CIVILDISPATCH.COM 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, CivilDispatch.com.COM 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 CIVILDISPATCH.COM TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. 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 Services or Technical Data
You may not remove or export from the United States 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 of the United States or any other applicable country.
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 CivilDispatch.com.com 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 CivilDispatch.com.com 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 the laws of the State of Nebraska, USA 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 located in Omaha, Nebraska.
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Prohibited Content and Commerce
CivilDispatch.com prohibits the use of emailContactor for many types of commercial activities including pornography, hate-speech, and illegal products or services.
CivilDispatch.com prohibits the use of emailContactor by any company or site that engages in any of the following:
- Provides, sells or offers to sell the following products or content (or services related to the same): pornography; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons
- Provides, sells, or offers to sell or rent any mailing list
- Displays material that exploits children, or otherwise exploits children under 18 years of age
- Posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in case of a minor)
- Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content
- Sells or promotes any products or services that are unlawful in the location at which the content is posted or received
- Introduces viruses, worms, harmful code and/or Trojan horses on the Internet
- Promotes, solicits or participates in pyramid schemes
- Engages in any libelous, defamatory, scandalous, threatening, harassing activity
- Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence. In addition, We reserve the right to prohibit the use of CivilDispatch.com by any company or site at its sole discretion.
As always, sending unsolicited commercial email is FORBIDDEN. See our Site Owner Agreement and Software License Terms and our Anti-Spam Policy for details.
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At any time, either party may cancel a user's CivilDispatch.com account for any reason. Please read the cancellation procedure to cancel your account or learn more about our cancellation policies.
The user must request cancellation by logging into their account and going to Cancel My Account within the Settings or by sending written notice to:
P.O. Box 390640
Omaha, NE 68139
Amounts paid are not refundable. Subscriptions to our service are pre-paid. As such, any cancellations that occur in the middle of a payment term (month, quarter, or year depending on payment schedule) will be made effective on the final day of the prepaid term. A confirmation email from the email address on record is required to complete the cancellation.
Credit Card Expirations or Declines
Please note that allowing a credit card to expire or not submitting payment by check regardless of invoice receipt status will not automatically cancel your account as we maintain all account data, allow subscriptions to occur, and allow you access to your account. You will remain responsible for paying the monthly charge, which will accrue to your account, until we receive a cancellation notice.
We will send notice to the email on record if a card is declined. We may also follow-up by phone or mail. We reserve the right to send delinquent accounts to a collection agency if they are not paid within 3 months.
Retrieving your Data After your Account has been Cancelled
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