KendallTodd ANTI-SPAM Policy

KendallTodd has a no tolerance spam policy. KendallTodd's customer support actively monitors large import lists and emails going to a large number of subscribers. Any customer found to be using KendallTodd for spam will be immediately cut-off from use of the product. If you know of or suspect any violators, please notify us immediately at support@kendalltodd.com. Every email contains a mandatory unsubscribe link - those individuals who try to remove this link will be warned that they are doing so. If the link is removed or de-activated in any way, KendallTodd will terminate the customer's account.

What is Spam?

Spam is unsolicited email also known as junk mail or UCE (Unsolicited Commercial Email.) By sending email to only to those who have requested to receive it, you are following accepted permission-based email guidelines. How KendallTodd protects you from sending spam KendallTodd provides subscribers a permission-based email-marketing tool that follows the strictest permission-based philosophies:

Communication - Your KendallTodd registration page already states why you are collecting the site visitor's email address, how you plan to use their address, and that you are following the embedded privacy policy. Additionally, by accepting our license agreement you have agreed to not sell or rent your lists.

Verification - KendallTodd automatically sends all of your new subscribers an email confirming their interest in receiving emails from you. Additionally, if your subscriber changes his or her interests or unsubscribes, KendallTodd automatically sends an email confirmation.

Unsubscription - Every email generated from KendallTodd contains an unsubscribe link which automatically updates your subscriber lists to avoid the chance of sending unwanted emails to visitors who have unsubscribed.

Contact Information - all of your emails are pre-filled with your contact information

Isn't there a law restricting Spam?

Yes, but state spam statutes vary so it is important to conform to the strictest standards. Many states have spam statutes, and they all differ; each state has its own definition of unsolicited commercial email. Additionally, there are various federal agencies keeping track of spam including the Federal Trade Commission.

How to protect yourself from Spam: Take the Spam Test

Are you importing a purchased list of ANY kind? Are you sending to non-specific addresses such as: sales@domain.com, business@domain.com, webmaster@domain.com, info@domain.com, or other general addresses. Are you sending to distribution lists or mailing lists which send indirectly to a variety of email addresses? Are you mailing to anyone who has not explicitly agreed to join your mailing list? Have you falsified your originating address or transmission path information? Have you used a third party email address or domain name without their permission? Does your email's subject line contain false or misleading information? Does your email fail to provide a working link to unsubscribe? If you have answered YES to ANY of the above questions you will likely be labeled a SPAMMER. For more information visit The Coalition Against Unsolicited Email (www.cauce.org) or contact KendallTodd Customer Support (support@kendalltodd.com)

KendallTodd Software and Systems License Agreement

PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. YOUR USE OF THIS SOFTWARE and SYSTEMS AND CONTENT GENERATED THROUGH THIS SOFTWARE MEANS THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS HEREIN.

This software is owned by KendallTodd, Inc., ("KendallTodd") which owns, controls or has legal permission to license the software, its code and all of the output generated by the software and used in conjunction with presentation of such output (“Software”). If you do not agree with the terms and conditions herein you should not continue to download this.

TERMS AND CONDITIONS

User may use the Software based on the EMAIL ADDRESS used during the User sign-up process. Software downloaded by you from the KendallTodd web site is licensed for your individual usage only. User may not sublicense or otherwise make the Software available to others for their use. The Software downloaded by you may not be utilized on more than one computer owned by User at the same time, by any non-user, or on any network server unless a network version has been purchased from KendallTodd. User may not use the KendallTodd trademark, or KendallTodd copyrighted materials except as may be set forth in this license.  You will be charged a monthly subscription fee determined by KendallTodd, Inc. or its affiliates.  This charge could begin immediately, or if on a Trial, the monthly subscription fee will begin at the end of your free trial period (usually 21-days).  Per your original Registration for the trial, you may cancel at any time prior to the 21-Day period and you will incur no charges.  After the 21-Day Trial expires you begin a month-to-month subscription that you may cancel at any time.  Emails or calls do not constitute a cancellation.  Cancellation is available at any time by clicking the Billing tab at the top right of your software, and choosing the Cancellation option.  You will receive no further charges, and you will not be entitled to any prorata refund of any partially used month.

RESTRICTIONS

User hereby acknowledges that the Software is and shall remain the property of KendallTodd and that, except as expressly provided for in this Agreement, no right is granted to User to (i) copy the Software, (ii) modify the Software or merge or utilize all or any part of the Software with or into any other computer program, or (iii) redistribute, sell, compile, reverse compile, disassemble or reverse engineer the Software for any reason whatsoever.

COPYRIGHT AND NOTICE

THE SOFTWARE AND CONTENT ARE COPYRIGHTED BY AND BELONG TO KENDALLTODD AND EXCEPT AS PERMITTED BY THIS AGREEMENT, USER SHALL NOT ALTER OR REMOVE, OR PERMIT ANY PERSON TO ALTER OR REMOVE ANY OF THE COPYRIGHT OR OTHER NOTICES OF KENDALLTODD ON, STATED IN OR AFFIXED TO THE CONTENT.

TERMS

This Agreement and the rights granted in this Agreement are effective until terminated. User may terminate this Agreement voluntarily at any time or by not renewing this annual agreement. If User transfers possession of any Software without the express written consent of KendallTodd or otherwise fails to abide by the terms hereof, this Agreement shall be automatically terminated and User shall immediately forfeit any right to the continued utilization of the Software. User does hereby agree to indemnify and hold harmless KendallTodd from any and all costs, expenses, claims, losses, causes of action, judgments, and/or awards arising from and/or in connection with User's breach of this Agreement, including all reasonable attorney's fees, interest, court costs and consequential and incidental damages. The revocation of this Agreement pursuant to these terms shall not result in the refund of any monies paid by User.

DISCLAIMER OF OTHER WARRANTIES

KENDALLTODD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH KENDALLTODD HEREBY EXPRESSLY DISCLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATIONS ON KENDALLTODD’S LIABILITY

IN NO EVENT SHALL KENDALLTODD BE LIABLE, WHETHER IN CONTRACT OR IN TORT, OR ANY OTHER LEGAL THEORY, FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE CONTENT, INCLUDING, WITHOUT LIMITS, LOST PROFITS OR REVENUES, EVEN IF KENDALLTODD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU.

COMPLETE AGREEMENT

This Agreement supersedes all prior written or oral agreements between the parties hereto, if any, and is not assignable. It may be amended only in a written document that is signed by an authorized officer of KendallTodd, or such as may be published on this software by KendallTodd.

MISCELLANEOUS

No failure or delay to exercise any right or remedy under this Agreement shall operate as a waiver by KendallTodd, and a single or partial exercise of any right or remedy will not preclude the further exercise of such right or remedy or any other right or remedy. This Agreement shall be construed and enforced in accordance with the laws of the United States and the State of North Carolina. User does hereby consent to the exclusive jurisdiction and venue of the federal and state courts in Raleigh, North Carolina for resolution of any dispute arising from and/or in connection with this Agreement.