MyLeadDawg Terms and Conditions
Our terms are designed to encourage better service and compliance with anti-spam regulations. By using MyLeadDawg, you are agreeing to the following document, and, as such, we recommend familiarizing yourself with the Anti-Spam Policy as well.
MyLeadDawg End User License Agreement
Please note that by agreeing to our End User License Agreement (EULA), you are agreeing to the following:
Through MyLeadDawg.com (the "Services"), MyLeadDawg Corporation ("MyLeadDawg") provides web site operators a variety of tools and resources 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.
1.1 The Services are provided subject to this Agreement, as it may be amended by MyLeadDawg, and any guidelines, rules or operating policies that MyLeadDawg may establish and post from time to time (the "Agreement"), including without limitation MyLeadDawg's email privacy policy (the "Policy") (unless otherwise stated, all references to the Agreement shall include the Policy). By posting updated versions of the Agreement on the Service or at the MyLeadDawg.com web site, or otherwise providing notice to you, MyLeadDawg may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services in its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service.
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 corporations, small businesses, organizations, and community organizations to develop and execute email marketing communications with prospects, customers, members or organizations, or other interested parties.
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 MyLeadDawg 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 MyLeadDawg 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. MyLeadDawg reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
1.6 If MyLeadDawg 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 MyLeadDawg 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 Broad MyLeadDawg’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. Your maximum number of subscribers in the previous month will be considered the number of subscribers per the Fee Schedule. One may send up to five (5) times the account subscriber limit per month. As an example if a subscriber limit is 100,000 that account may send up to 500,000 emails per month. All sends beyond five 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 5 times monthly, contact support for a custom quote.
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 MyLeadDawg. You acknowledge and agree that you are responsible for paying Fees for all email messages sent through MyLeadDawg, 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 MyLeadDawg account.
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 MyLeadDawg company names and logos and all related product and service names, design marks and slogans, are the property of MyLeadDawg 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 MyLeadDawg. 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 MyLeadDawg 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 MyLeadDawg 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 MyLeadDawg has no obligation to monitor the content provided by you or your use of the Services, MyLeadDawg 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 Every email message sent in connection with the Services must contain an "unsubscribe" link that allows visitors to remove themselves from your mailing list and a link to the then current Email Privacy Policy (see Section 2.9 below). You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link. You agree to only import permission-based lists (note: purchased lists may not be used, please contact MyLeadDawg if you have questions). You cannot mail to distribution lists, newsgroups, or spam email addresses. You cannot copy a MyLeadDawg template and use the design for purposes other than sending emails from MyLeadDawg. MyLeadDawg, at its own discretion, may immediately disable your access without refund to the Services if MyLeadDawg believes in its sole discretion that you have violated any of the restrictions listed above.
2.5 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates
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 MyLeadDawg " or a similar message. You agree to cooperate with and provide reasonable assistance to MyLeadDawg 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 MyLeadDawg. MyLeadDawg 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 MyLeadDawg, MyLeadDawg may share your information with the Marketing Partner. MyLeadDawg will not provide information to companies you have not authorized, and MyLeadDawg will not permit the companies that get such information to sell and redistribute it without your prior consent.
2.8 MyLeadDawg 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, MyLeadDawg will not use your customer information for the purpose of sending unsolicited commercial e-mail.
2.9 You will adopt and maintain the Email Privacy Policy, which may be modified by MyLeadDawg from time to time.
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. MyLeadDawg 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 sending notice to support@myleaddawg.com, or by written notification to MyLeadDawg at
3.3 Outstanding Fees. Termination shall not relieve Customer of the obligation to pay any fees accrued or payable to MyLeadDawg prior to the effective date of termination.
3.4 Customer Data. After cancellation, MyLeadDawg 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 MyLeadDawg.
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. MyLeadDawg 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 MyLeadDawg 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 MyLeadDawg to use commercially reasonable efforts to adjust or repair the Services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MyLeadDawg 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 " MyLeadDawg ") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF MyLeadDawg 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, MyLeadDawg 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 MyLeadDawg 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.
You may not remove or export from the
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 MyLeadDawg 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 MyLeadDawg 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
Prohibited Content and Commerce Statement
MyLeadDawg prohibits the use of MyLeadDawg Services by any company or site that engages in any of the following:
As always, sending unsolicited commercial email is FORBIDDEN. See our Site Owner Agreement and Software License Terms and our Anti-Spam Policy for details.
This document may change from time to time. Any questions about whether your site can use MyLeadDawg can be emailed to support@myleaddawg.com.
MyLeadDawg Cancellation Policy
At any time, either party may cancel a user's MyLeadDawg account for any reason. The user must request cancellation by notifying MyLeadDawg by either sending a request to support@myleaddawg.com or by sending written notice to:
MyLeadDawg Corporation
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.
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 deliquent accounts to a collection agency if they are not paid within 3 months.
Per our privacy policy, data from cancelled accounts will deleted immediately and cannot be retrieved. Please be sure to export all data you wish to save before cancelling your account.
Anti-Spam Policy
MyLeadDawg has 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.
For Email Recipients, ISPs, and Blacklist Admins
MyLeadDawg has a no tolerance spam policy. User accounts will be terminated if they send unsolicited email messages. Please report any suspected abuse to abuse@myleaddawg.com. ISPs and Blacklists administrators may contact us at relations@myleaddawg.com. Please forward the complete email in question, including headers. You may also call (502) 417-9981 to report abuse. If applicable, please also unsubscribe from the newsletter using the link at the bottom of the email if you no longer wish to receive emails from the sender. We will take the appropriate action against the sender of the email in question.
Broadwick 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@myleaddawg.com.
All users of our MyLeadDawg software must agree to only sending permission-based email newsletters 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. Users may also send business communications to persons they have done business with in the past, as long as it has not been longer than twelve months since the last communication and the recipient has not previously requested to unsubscribe. Purchased lists may not be used within the MyLeadDawg system, regardless of the source or permission status.
As a user of MyLeadDawg, you may not:
You may:
MyLeadDawg has a no tolerance spam policy. The strict measures we take to enforce our policy include, but are not limited to:
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. MyLeadDawg 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:
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 emails to a source that has not subscribed 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.
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 contact MyLeadDawg Customer Support (support@myleaddawg.com).
Spam is unsolicited email also known as junk mail or UCE (Unsolicited Commercial Email.) If you send any email in bulk (to more than a handful of recipients) to recipients who have not requested to receive it, it will be considered spam, regardless of the contents of the email. By sending email to only to those who have requested to receive it, you are following accepted permission-based email guidelines.
First, no one likes to receive unsolicited email. It is a burden on mail servers and an annoyance to all who receive it. Further, if we allowed a client to send unsolicited email through our mail servers or did not strictly enforce our Anti-Spam policy, our IP address and domain would be added to blacklists. Many Internet Service Providers (ISPs) and email filter services subscribe to these blacklists. If one of our servers were to be added to a blacklist, all email coming through that server to subscribers whose ISP or mail filer subscribes to that blacklist will not be received. This is for all of our clients, not just the one who sent the original email that was reported. Once on blacklists, it is very difficult and often impossible to get off. As such, we must enforce this policy very strictly.
Yes, there are numerous laws restricting spam, including the
MyLeadDawg is a permission-based email-marketing tool that follows the strictest permission-based philosophies:
If you have answered yes to any of the above questions you may be labeled as a spammer.