U-Mail IT! Home > Policies > Terms of Use



U-Pro, Inc. has a strict NO-SPAM policy. Using this tool to send MASS UNSOLICITED MAIL is STRICTLY FORBIDDEN. We retain the right to and actively do monitor your activities, and will terminate any agreement without refund if we determine unacceptable use has occurred.

What is SPAM?

Unsolicited mass email (UCE) is commonly referred to as SPAM. Also known as junk mail or junk email, SPAM is becoming an increasingly hated aspect of email and the Internet. It is also against the law to send SPAM in some states and municipalities.

Why don't I want to send SPAM?

Sending SPAM reflects extremely poorly on your organization. The benefit of sending a mass unsolicited mailing is surely outweighed by the negative impact of your firm being categorized with pyramid schemes, porn sites, get rich quick offers, and other undesirable offers. U-Mail IT! Is a tool for cultivating relationships with existing customers and contacts who are open to receiving messages from you.
Furthermore, recipients of SPAM have been known to wage all out war against SPAM sending organizations by hacking, defacing, and blocking access to company web sites, generating negative PR on the Internet, and worse.
Additionally, there are a number of new legal considerations forbidding SPAM. New legislation is constantly being introduced and spammers may soon face significant legal problems if prosecuted.

What about Targeted Direct email?

Done right, targeted direct email is rarely seen as outright SPAM. Targeted "opt-in" email lists can be purchased from organizations, associations and other sources and then imported into U-Mail IT! Careful use of these lists can bring significant results. However, sending messages to any other list of recipients who have not indicated a willingness to be contacted will be construed as spam.

U-Mail IT! End User Terms and Software License

Through its U-Mail IT! email marketing application (the "Services"), U-Pro 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.

1. Services and Support

1.1 The Services are provided subject to this Agreement, as it may be amended by U-Pro, and any guidelines, rules or operating policies that U-Pro may establish and post from time to time (the "Agreement"), including without limitation U-Pro's privacy policy as published at the U-mailit.com web site at http://www.u-mailit.com/privacy.asp, or otherwise furnished to you (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 U-mailit.com web site, or otherwise providing notice to you, U-Pro 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.

1.3 The Services enable corporate web sites, small business 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.") Paid Services are billed monthly, in advance, according to the Fee Schedule provided to you by U-Pro. Failure to make payments by due date will result in access to the Services being disabled until payment is received. The Fee Schedule, including subscriber levels and prices, are subject to change at any time.

1.5 You will be billed monthly for Services. Payment for Services will be made by company check. Fees are payable in US dollars. If your payment falls more than 30 days past due, you will be notified via email and your U-Mail IT! account will be disabled until payment is received. Monthly pricing may vary based upon subscriber count or emails sent, you are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by U-Pro.

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. This remains the case, whether the core U-Mail IT! software resides on your server, or a server belonging to U-Pro. 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 U-Pro company names and logos and all related product and service names, design marks and slogans, are the property of U-Pro 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 U-Pro. 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 U-Pro 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 U-Pro 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 U-Pro has no obligation to monitor the content provided by you or your use of the Services, U-Pro 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 may 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. U-Pro may immediately disable your access to the Services if you violate this restriction.

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.

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 U-Mail IT!" or a similar message. You agree to cooperate with and provide reasonable assistance to U-Pro 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 U-Pro. U-Pro 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. U-Pro will not provide information to companies you have not authorized, and U-Pro will not permit the companies that get such information to sell and redistribute it without your prior consent.

2.8 U-Pro 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, U-Pro 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 U-Pro from time to time.

3. Termination

3.1 You may terminate this Agreement at any time by sending an email message to support@u-pro.com or by sending written notice to U-Pro at 352 South Denver St. Suite 370, Salt Lake City, UT 84111

3.2 U-Pro may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Upon termination, U-Pro will provide you a proportionate refund of the advance monthly payment which U-Pro has received for the then-current month, based on the number of days remaining in the month following the date of termination. Except for such refund, U-Pro shall have no liability to you or any third party because of such termination.

3.3 U-Pro will delete any of your archived data within 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 90 days, the account will become inactive. When an account is classified (at U-Pro's sole discretion) as inactive, U-Pro will notify you by email. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER SIGNUPS, MAY BE PERMANENTLY REMOVED FROM THE U-PRO DATABASE.

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. U-PRO 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 U-PRO 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 U-Pro 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 U-PRO 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 "U-PRO") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF U-PRO 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, U-PRO 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 U-PRO 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. 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 U-Pro 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 U-Pro 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 Utah, USA without regard to its choice or law or conflict of laws provisions.