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Other than as expressly provided in the clause above, you cannot copy, display or distribute any contents obtained from magicwebserives.com. You cannot under any circumstances modify, perform, reproduce, publish, license, create, transfer or sell any contents or services obtained from magicwebserives.com. In addition, you may not “frame” or otherwise use the pages or other contents or services found on magicwebserives.com on any other website. This means permission to use magicwebserives.com or contents will be narrowly construed by the Court in favour of magicwebserives.com. If you infringe our intellectual property rights or exceed the scope of permitted use of this license, you agree that magicwebserives.com would be irreparably injured and may obtain a Court order to enjoin you from further mischief. Protection offered to magicwebserives.com by this agreement will survive termination of any license.

As a condition of your license to use magicwebserives.com, you warrant to us that you will not use magicwebserives.com in any way that is unlawful or prohibited by this agreement. If you violate this or any other term of this agreement, your license to use magicwebserives.com shall terminate immediately.

magicwebserives.com assume no responsibility for any consequence relating directly or indirectly to your use of magicwebserives.com or for any action or inaction that you take based on the services or other material provided by magicwebserives.com. You understand this and agree that you use magicwebserives.com at your own risk.

You understand and agree that while magicwebserives.com appreciates your comments and suggestions concerning the services we provide, but magicwebserives.com cannot acknowledge or return any submitted or suggested drawings, notes, text or other ideas that you send to magicwebserives.com. If you send magicwebserives.com any such material or suggestions they shall be deemed the property of magicwebserives.com and magicwebserives.com shall not owe you any compensation or otherwise be liable for any use that we make of the drawings, notes, text or other ideas.

magicwebserives.com being engaged in the business related to email marketing would not be responsible for any kind of consequences /losses/damages/claims whatsoever being sonsequential/incidental/ancilliary to the intended use of email marketing software products or services. Under the scheme of email marketing the role of magicwebserives.com is limited to providing software and services in relation to email marketing. Any information database etc. shall not be provided by magicwebserives.com. Further magicwebserives.com shall also not be responsible for any kind of incorrection inaccuracy errors omissions etc. in the database or information being transmitted by using the email marketing .Any information in relation to product or services being exchanged transmitted through the use of the products of magicwebserives.com shall be the sole responsibility of the party transitting such information and magicwebserives.com shall be kept indemnified by such buyer/party.

magicwebserives.com is also working under the reseller module under which we are appointing resellers for promoting marketing and selling the product. Under the reseller module the relation is that of principal to principal basis and magicwebserives.com, shall bear no responsibility whatsoever for any commitments/ terms and conditions etc. being delivered over and above the terms and conditions of magicwebserives.com.

a. Definition of SPAM: We have adopted the definition of Spam set forth on the Spamhaus website at http://www.spamhaus.org/definition.html The first line of the Spamhaus definition reads:

The word "Spam" as applied to Email means Unsolicited Bulk Email ("UBE").

It is a concern to us if you use MWS to send any unsolicited email to anyone with whom you have no relationship. It is much more of a concern, and more likely to cause our system to be blocked by various ISP's, for you to send an unsolicited email to an entire list of people you don't know.

b. Permission Lists Only: You may use MWS only to send Emails to individuals and entities that either:

o Possibility 1 - Consent Obtained

A. gave or give you written (including electronic) permission to send Emails to them, without subsequently withdrawing such permission and either:

i. Consent Given Recently gave you the permission within the prior 12 months; or

ii. Consent Given More Than One Year Earlier you sent them a promotional email, which was not objected to, within the prior 12 months; or

o Possibility 2 - Sold or Negotiated to Sell Product or Service

§ B. gave or give you their name and email address in connection with their purchase, or negotiations to purchase, a product or service from you, have not opted out from receiving your emails and either:

i. Recent Sale or Negotiation such sale or negotiations occurred within the previous 12 months; or

ii. Sale or Negotiation Occurred More than One Year Earlier you sent them a promotional email, which was not objected to, within the prior 12 months.

If you send Emails to a list, and you get an unusual amount of SPAM complaints (more than 1 out of 1,000), ISPs will begin blocking future emails from your company. They will also request (that's putting it mildly) that MWS shut down your account. So if you don't have proof that each recipient on your list has opted-in to receive your emails, or otherwise meets the above requirements, don't import them into MWS.

c. Requirements: You agree that you will use:

· No purchased lists (no matter how expensive).

· No rented lists (even if they "opted in").

· No 3rd party lists whatsoever.

· No outside unsubscribe processes.

You should only use MWS to send newsletters, updates, and promotions to people who specifically requested email from you, or otherwise meet the requirements of 11(b) above. Don't have a permission list yet? Maybe your company's too new and you have no customers. Feel free to set up a MWS account, run through the List Setup Wizard, and add a signup form to your website so that you can grow your list.

d. We're In This Thing Together: We do what we can to keep our system clean, but you agree to pitch in too. Here's how:

· Sending your first campaign to an old list? Many recipients won't remember you, and will report you for spamming. Do everything in your power to remind them of who you are, and how they got on your list.

· Clean your customer list before you import. Take out any addresses older than 6 months. Bad addresses lead to bouncebacks. Too many bouncebacks, and ISPs block MWS (and you). We'll shut your account down if you import an old list that gets too many bounces(More then 5%).

· Don't just import your entire Outlook Address Book. Export them into a spreadsheet, then take some time to clean out bad addresses (like Sales@Amazon, or Support@Comcast). If you import even one address by mistake, that person can get you blacklisted and shut down .

· Importing from a CRM? Break it into separate segments or interest groups so you can send relevant content to your customers ("We met at a tradeshow, You bought xyz from us in the past, You are a client of..." etc). Don't just mix a bunch of different lists together and send one "blast" to all of them.

· Sending on behalf of a client? Educate your client about responsible email marketing. They're depending on you to be the expert. Here are some email marketing resources for you.

CRM, Salesforce, and API Imported Lists

CRM tools are great for maintaining relationships with prospects and leads, then converting them into paying customers. Or just nurturing your customer relationships. But CRM tools are built for one-to-one communication. Email marketing tools like MWS are built for one-to-many communication. They are not the same. Spam laws apply when you do one-to-many email marketing.

Before importing any list into MWS from your CRM or any other database you maintain, understand our permission-lists-only rules. Remove any prospects or leads who did not explicitly request email marketing from you or otherwise meet the requirements of 11(b) above. Even if you're sending email marketing to customers who have consented to receive your Email, you are still required, under applicable law, to allow them to opt-out of your email marketing list (you may need to turn that feature ON in your CRM tool). The simple fact that a recipient is "in my CRM" is not the same as "they gave us permission to send them email marketing."

f. Prohibited Content and Industries

Don't use MWS to send anything offensive, to promote anything illegal, or to harass anyone. You may not send:

· Pornography or other sexually explicit Emails

· Emails offering to sell illegal substances

· Emails that violate the CAN-SPAM Law

Also, there are some industries that send certain types of content that result in higher than normal bounce rates and abuse complaints, which in turn jeopardize the deliverability of our entire system. No offense intended, but because we must ensure the highest delivery rates possible for all our customers, we do not allow businesses that offer these types of services, products, or content:

Illegal goods or services

· Escort and dating services

· Pharmaceutical products

· Work from home, Internet Lead-gen, Make money on online opportunities, etc.

· Online trading, day trading tips, or stock market related content

· Gambling services, products or gambling education

· Multi-level marketing

· Affiliate marketers

· Credit repair, get-out-of-debt content

· Mortgages and/or Loans

· Nutritional Supplements, Herbal Supplements or Vitamin Supplements

· Pornography or nudity in content

· Adult novelty items or references in content

· List brokers or List rental services

· Marketing or sending commercial email without proper permission

Generally speaking, if you're in an industry that is frequently associated with spam, you know who you are (it's probably why you're reading this far, right?). We make no judgments about your line of business, but we cannot afford to risk our deliverability. In fact, most ESPs like MWS will not be able to help you. You will most likely need to look into setting up your own mail servers. The term to search on is "email delivery server." There are many industrial strength MTAs to choose from with built-in delivery and reporting tools for high-volume senders.