FitNews.tv, provides businesses and web site operators a software application to create, launch, and manage online email campaigns and newsletters. The Service must not be used for the sending of unsolicited email (sometimes called "spam").
See our Anti-spam Policy below. By clicking the 'I accept these terms and conditions' button and purchasing a subscription to, you accept these Terms and Conditions:
Services and Support:
All Services provided by FitNews.tv are subject without limitation to this Agreement. The services are also subject to FitNews.tv's Privacy Policy and FitNews.tv's Anti-spam Policy. FitNews.tv may modify the terms of the Agreement and may discontinue, or revise any or all other aspects of the Services at its sole discretion. Updated versions of this Agreement on the Services will be posted on the Terms & Conditions page on FitNews.tv.com. All changes become effective upon the posting of the revised Agreement on the Services.
The Services are available only to individuals who can form legally binding contracts.
You must complete the registration form on the Sign Up page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. 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. FitNews.tv reserves the right to refuse registration, or cancel accounts if it deems inappropriate.
Fees:
The Services will be subject to monthly subscription fees. Once you have completed your 30-day trial period, your access will continue if you do not cancel your account by the 28th day of your 30-day trial. If you do not cancel, the next and ongoing monthly billing rate will be the rate indiciated on the home page and registration form. We reserve the right to increase fees or modify services.
Monthly subscriptions are billed monthly in advance according to the Fee Schedule selected by you at sign up. Monthly send credits expire at the end of each period, but extra send credits do not. The Fee Schedule, including subscriber levels and prices, are subject to change at any time.
Payment of your FitNews.tv Subscription will be made by a valid credit card accepted by FitNews.tv using the AUthorize.net transaction system. You hereby authorize FitNews.tv to charge your credit card for such amounts on a regular basis, generally on the renewal date of your Subscription to FitNews.tv. Fees are payable in US dollars. If FitNews.tv, for any reason is unable to effect automatic payment via your credit card, you will be notified via email and your FitNews.tv account will be disabled until payment is received. You can "upgrade" your level of service at any time. You can "downgrade" you level of service after one complete billing cycle (30 days). Upgrades/downgrades and cancelation of service must be done by the account holder on the "settings" page.
Refunds - Given at least 5 working days notice in writing, FitNews.tv may offer a refund, at their discretion.
FitNews.tv staff will charge $25 per every 30 minutes for any walk-through process over the phone or live chat
that is explained in any of our help sections including Manuals, Q.A., Tutorials and others.
Restrictions and Responsibilities:
This is an Agreement for Services. 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.
You (the user) are responsible for maintaining a back-up copy of your lists on your personal computer. All lists can be exported and emailed to user.
If you are using the Services in any country in the US, or 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.
You acknowledge and agree that FitNews.tv and the FitNews.tv company names and logos and all related product and service names, design marks and slogans, are the property of FitNews.tv or its affiliates or suppliers. 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 FitNews.tv 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.
You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement, the US CAN-SPAM Act and the European Privacy Directive and all other 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 here by agree to indemnify and hold harmless FitNews.tv against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim fraction that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of FitNews.tv. Although FitNews.tv has no obligation to monitor the content provided by you or your use of the Services, FitNews.tv , may do so and may remove any such content or prohibit any use of FitNews.tv, if it believes it is(or is alleged to be) in violation of the foregoing.
Every email message sent via FitNews.tv must contain an "unsubscribe" link that allows visitors to remove themselves from your mailing list. You agree that you will not remove, disable or attempt to remove or disable either link. FitNews.tv may immediately disable your access to FitNews.tv if you violate this restriction.
The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates the United States federal or state law, the European Community, or other laws that may apply in 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.
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 FitNews.tv". You agree to cooperate with and provide reasonable assistance to FitNews.tv in promoting and advertising FitNews.tv.
FitNews.tv and FitNews.tv will not share information you may upload (such as email addresses, name, contact information, or other registration information) to FitNews.tv. FitNews.tv, 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 Reseller or Franchise of FitNews.tv, FitNews.tv may share your information with the Reseller or Franchise.
FitNews.tv 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. FitNews.tv will not use your customer information for the purpose of sending unsolicited commercial email.
You will adopt and maintain the Email Privacy Policy and the Anti-Spam Policy, which may be modified by FitNews.tv from time to time.
FitNews.tv requires all new accounts to be reviewed by the FitNews.tv staff in order to verify that no spam and/or illegal contents will be sent through our network. A hold limit for sending may be placed in the account until the reviewing process is completed.
Termination:
If your account is terminated due to Spam Complaints and/or fraud, amounts previously charged will not be refunded under any circumstances.
You may terminate this Agreement and your account at any time. Simply log in to your account (in the articles area) and click "settings." Scroll to the very bottom to click "cancel". Follow instructions. If you send an email message to cs@fitnesnews.tv, these same instructions will be recited.
FitNews.tv may immediately terminate this Agreement, and suspend access to FitNews.tv without refund if you are in violation of any of terms outlined in Section 2.
Restrictions and Responsibilities.
FitNews.tv 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.
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. FitNews.tv 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 FitNews.tv Disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Your sole and exclusive remedy for any failure or non-performance of the Services shall be for FitNews.tv to use commercially reasonable efforts to adjust or repair the Services.
Limitation of Liability:
To the maximum extent permitted by law, under no circumstances and under no legal theory, tort, contract, or otherwise, shall FitNews.tv 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 "FitNews.tv ") be liable to you or any other person for any money damages, whether direct, indirect, special, incidental, cover, reliance or consequential damages, even if FitNews.tv 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, FitNews.tv is found liable to you for damages from any cause, and regardless of the form of the action (whether in contract, tort including negligence), product liability or otherwise, the liability of FitNews.tv 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.
Miscellaneous:
If any provision of the Agreement is found to be unenforceable or invalid, that will not prejudice or effect all other terms of this Agreement from remaining in full force and effect.
This 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. Any waivers and modifications must be in a writing a signed by both parties. 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.
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 FitNews.tv in any respect.
In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
The Agreement shall be governed by the laws of Orange County, CA, USA without regard to its choice or law or conflict of law's provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Orange County, CA.
FitNews.tv is a trade name of John Spencer Ellis Enterprises, Inc., a California Corporation.
You hereby acknowledge and agree that FitNews.tv may identify you as its customer on FitNews.tv's website and in its advertising, marketing, and promotional materials, including using your name, trademark, service mark, or corporate logo. FitNews.tv's use of your trademark, service mark, or corporate logo will be made in compliance with any publicly posted usage guidelines posted by you.
Legitimate use of FitNews.tv includes the sending of newsletters, brochures, promotions, invitations, press releases, product launches and other email campaigns that keep registered customers or members informed.
FitNews.tv does not condone spam which is defined as unsolicited bulk email. In other words, if the recipient has not verifiably granted deliberate permission to receive the email, it can be classified as spam.
Policing Spam:
FitNews.tv monitors all large imported lists and all emails going to large lists. If a client is found to be using FitNews.tv to send spam, we reserve the right to immediately suspend that client's account.
If you are uploading lists to FitNews.tv, you must explicitly certify that your lists consist of 100% certifiable opt-in email addresses. FitNews.tv reserves the right to request such proof, and the client's inability to supply it may result in the suspension of their account.
An unsubscribe link is annexed by FitNews.tv to the footer of every outgoing email. Any efforts to disable, this will result in an immediate suspension of the client's account.
FitNews.tv also monitors the subject matter of large lists. Any large lists found to be using false or misleading subject lines or attempting to distribute illegal information will be immediately suspended. We invite the greater Internet community to provide us with feedback about our client's use of FitNews.tv.
If you believe someone has been sending spam using FitNews.tv, please send full details to cs@fitnews.tv.
How to avoid sending spam:
As a client of FitNews.tv, you have a powerful tool in your hand that will allow you to improve communication with your client audience. Please use it responsibly and don't add to the enormous amount of unsolicited mail already moving around the internet.
Some suggestions on how you can do this:
As a client of FitNews.tv, you have a powerful tool in your hand that will allow you to improve communication with your client audience. Please use it responsibly and don't add to the enormous amount of unsolicited mail already moving around the internet.
Don´t use purchased lists.
Don´t send your emails to discussion groups.
Make sure your subject line and email content doesn't contain false or misleading information.
Make sure that your list is 100% opt in.
Keep records of where you got the email addresses from.
What is Spam?
Spam is unsolicited e-mail, often called junk mail. By sending e-mail to only to those who have requested it, you are following accepted guidelines.
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 that send indirectly to many e-mail 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 e-mail address or domain name without their permission?
Does your e-mail's subject line contain false or misleading information?
If you have answered YES to ANY of the above questions you will likely be labelled a SPAMMER. For more information visit The Coalition Against Unsolicited E-mail and FTC's CAN-SPAM Law.
FitNews.tv, is committed to protect your privacy, and rigorous procedures have been implemented to ensure this. The following Privacy Policy provides information on how your personal information is collected and used.
A. What this site does with the information it gathers/tracks:
John Spencer Ellis Enterprises, Inc. may offer several opportunities for visitors to register for promotional or informational mailings or to receive assistance in evaluating our software and services. Our site's optional information requests forms that require your name, company, e-mail address, as well as information to help us determine your needs relative to our products and services.
Information submitted by you within our website, will be used only by us in order to provide customer support to you, inform you of any new promotion or update of our website, or to help process your order, in case help is needed. John Spencer Ellis Enterprises, Inc. does not share, sell, rent, or trade PII with third parties for their promotional purposes. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Web site.
If you purchase a product or service from us, our credit card processing vendor will request certain personally identifiable information from you on our order form. You must provide contact information (such as name, email, and physical address) and financial information (such as credit card number, expiration date). They utilize SSL encryption to transmit sensitive information. The information provided to them, will be only kept by them. John Spencer Ellis Enterprises, Inc. will not have access to it.
We use this information to send updates about our company and will contact you if requested or necessary. We use your IP address to help diagnose problems with our server and to administer our website. We also track browser types to help us understand our visitors' needs related to our website design. IP addresses are not linked to personally identifiable information. When you enter a contest or other promotional features, such as the <strong>FitNews.tv</strong>'s $1 trial, we ask for information such as your name, mailing address, daytime phone number and email address, so we can administer the contest and contact you to receive feedback regarding our product.
B. Choice/Opt-out
If you sign up as a trial or a paying member, we request certain personally identifiable information from you. You must provide contact information (such as name, email, and physical address). We use this information for promotion, or support purposes. All testimonials had full permission to be posted on www.fitnews.tv. If you no longer wish to receive our newsletter whether it is a promotional, support, or billing related communication, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at cs@fitnews.tv.
We offer an opportunity to opt-out of promotional, support, billing related communication emails, by clicking on the unsubscribe link on the emails. Or, you may also unsubscribe by contacting us at 877-FIT-NOW-2. If you would like to unsubscribe with a written letter, please send us a letter to
FitNews.tv
c/o John Spencer Ellis Enterprises, Inc.
29811 Santa Margarita Pkwy, Suite 500
Rancho Santa Margarita, CA USA
Every email sent through FitNews.tv contains an easy, automated unsubscribe link at the bottom of the email. To unsubscribe, you simply need to click the link at the bottom of the page in the unsubscribe area. You are immediately excluded from all future mailings.
You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.
C. With whom this site shares information it gathers/tracks/shares:
We share aggregate statistics about our customer's traffic patterns and reservations with our suppliers and partners, but these statistics do not include any personally identifying information. Like most Web sites, there is certain information we automatically track, including the URL that you just came from, which URL you go to next, the browser you are using and your IP address.
Information gathered by our credit card processing vendor, as the name of the client, name of the company, phone number, email address, and credit card, is necessary for them to provide that service, and will not be provided to John Spencer Ellis Enterprises, Inc. Our credit card processing vendor is prohibited from using your personally identifiable information for any other purpose.
We use cookies to help users navigate efficiently between secure and non-secure pages of our site. Cookies are pieces of information that a Website transfers to your computer's hard disk for record-keeping purposes. Cookies can make the Web more useful by storing information about your preferences. The use of cookies is an industry standard, and many major web sites use them to provide useful features for their customers. Cookies in and of themselves do not personally identify users, although they identify a user's computer. Most browsers are initially set to accept cookies. If you prefer, you can set yours to refuse cookies. However, you may not be able to take full advantage of a website if you do so. We link the information we store in cookies to any personally identifiable information you submit while on our site.
D. Updating personally identifiable information:
We intend to give you as much control as possible over your personal information. You have the option to register with John Spencer Ellis Enterprises, Inc. for the use of our services. You can update your personal information, subscriptions or service package at any time by signing into your account and making the relevant adjustments.
E. Links to Other Sites:
This Web site contains links to other sites that are not owned or controlled by John Spencer Ellis Enterprises, Inc Inc. Please be aware that John Spencer Ellis Enterprises, Inc. is not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies only to information collected by this Web site.
F. Security:
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once they receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can send us an email us to cs@fitnews.tv.
G. How to Contact Us:
If you have any questions about this privacy statement, or would like more information about our company, please contact us at: cs@fitnews.tv, or at the contact telephone number: 1877-FIT-NOW-2, or send us a letter to:
FitNews.tv
c/o John Spencer Ellis Enterprises, Inc.
29811 Santa Margarita Pkwy, Suite 500
Rancho Santa Margarita, CA USA
H. Changes to our Privacy Policy:
This policy may be revised over time as new features are added to the web site. We will post those changes prominently so that you will always know what information we gather, how we might use that information, and whether we will disclose it to anyone. Please check this site for information about revisions to our privacy policy.
If, however, we are going to use users' personally identifiable information in a manner different from that stated at the time of collection we will notify users via email. Users will have a choice as to whether or not we use their information in this different manner. However, if users have opted out of all communication with the site, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. |
