EMAIL NEWSLETTER AGREEMENT
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The STN email newsletter program includes online forms for customers to opt-in and opt-out of mailing lists. When using the STN email newsletter program, the Client agrees to honor all customer requests to opt-out from the Client’s newsletter within a period of 10 business days. This pertains to any opt-out request made by a customer, regardless of the manner of the request. The client also agrees to follow the Can-Spam Act requirements for commercial emails:
It bans false or misleading header information. Your e-mail’s “From,” “To,” and routing information – including the originating domain name and email address – must be accurate and identify the person who initiated the email.
It prohibits deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the message.
It requires that your email give recipients an opt-out method. You must provide a return email address or another Internet-based response mechanism that allows a recipient to ask you not to send future email messages to that email address, and you must honor the requests. You may create a “menu” of choices to allow a recipient to opt out of certain types of messages, but you must include the option to end any commercial messages from the sender. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your commercial email. When you receive an opt-out request, the law gives you 10 business days to stop sending email to the requestor’s email address. You cannot help another entity send email to that address, or have another entity send email on your behalf to that address. Finally, it’s illegal for you to sell or transfer the email addresses of people who choose not to receive your email, even in the form of a mailing list, unless you transfer the addresses so another entity can comply with the law.
It requires that commercial email be identified as an advertisement and include the sender’s valid physical postal address. Your message must contain clear and conspicuous notice that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial email from you. It also must include your valid physical postal address.
Any work that the Client wishes Specialty Toys Network to create that is not specified in the DESCRIPTION Section of this agreement will be considered an additional service. Such Work shall require a separate Agreement and payment separate from and above that specified in this Agreement.
Specialty Toys Network will make every effort to meet agreed upon due dates. The Client should be aware that failure to submit required information or materials may cause subsequent delays in the production. Client delays could result in delays in delivery of finished work.
Excessive changes in client input or direction after production approval will be charged at $75/hour. The Client should be aware that failure to submit required information or materials may cause production rush fees to go into effect. Specialty Toys Network rush fees will be charged at $150/hour.
In the event that the Client is 15 days late in paying an installment of their startup fee, or 15 days late in making a monthly membership payment, a 5% finance charge may be assessed on all outstanding charges. In the event that the Client is 45 days late in paying billed fees, the Client’s production services, monthly membership & site hosting services may be suspended. A $45 fee will be charged to reactivate a suspended account.
Pricing and fees subject to change without notice.
ASSIGNMENT OF WORK
Specialty Toys Network reserves the right to assign other designers or subcontractors to the Work to ensure quality and on-time completion.
Authorship credit in the name of Specialty Toys Network shall accompany the Work.
This agreement is good and binding for a period of 12 months. After 12 months the Client will operate on a month-by-month membership, and may discontinue subscription at any time with a required 30-day written notice.
Specialty Toys Network may terminate the Client’s membership and/or disable any and/or all Client Program components for cause. Cause may include Client posting of any inappropriate content such as profanity, pornographic images, misleading or false statements, or other inappropriate content. Specialty Toys Network shall define such content at its discretion, and in no event shall Specialty Toys Network be held liable for any loss claimed by termination of membership or removal of Program components.
Specialty Toys Network reserves the right to refuse/cancel any membership or hosting account offered by Specialty Toys Network. If Specialty Toys Network refuses a new or renewing membership, registrants will be offered a refund for unused services. These policies apply to all Specialty Toys Network projects, hosted services, or memberships unless otherwise noted in the corresponding production materials. Please read all individual production information thoroughly.
PROJECT CANCELLATION BY CLIENT
A Client who cancels a project within 7 (seven) days of signup may be eligible to receive a full refund, minus a $100 (one hundred dollar) service fee, and minus the billable value of all work completed through the date of the request. Specialty Toys Network reserves the right to determine at its sole discretion if any service charge or billable time will be subtracted from any refund request. Any project cancellation received within 30 (thirty) days of signup may be eligible to receive a partial refund of 50% of paid charges, minus the billable value of any used studio time. Specialty Toys Network reserves the right to determine at its sole discretion if any service charge or billable time will be subtracted from the refund request. Any project cancellation received more than 30 (thirty) days after the signup date will not be eligible for a refund. Cancellations will be accepted via fax, letter or e-mail, and must be received by the stated cancellation deadline. Client is responsible for confirming that Specialty Toys Network comes into receipt of the request. All benefits and incentives received by Client must be cancelled and returned to Specialty Toys Network. All refund requests must be made by the account owner or credit card holder. In any event where Work is postponed or cancelled at the request of the Client, Specialty Toys Network shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within thirty days of the Client’s notification to stop work. In the event of cancellation, the Client shall also pay any expenses incurred by Specialty Toys Network and Specialty Toys Network shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
For payments charged to a credit card, refunds will be credited back to the original credit card used for payment. If said credit card is no longer valid, or if payment was made by check (or other means) Specialty Toys Network will issue a check for the refund amount within 21 business days. Any refund check will be mailed to the account holder’s address on record.
PROJECT ON HOLD POLICY
A Client may request to put a project “on hold.” Specialty Toys Network reserves the right to determine at its sole discretion if such a request is feasible for said project. If feasible, any fees paid by Client, minus the billable value of any used studio time will be held as a reserve by Specialty Toys Network. A $100 annual on-hold service fee is required in order to place and keep an account on hold. When the Client wishes to resume project services, Specialty Toys Network will apply any reserved amount to the new services requested. Any On Hold project with annual fees overdue by 30 days or more will be considered a closed account, and will be cancelled by Specialty Toys Network, and any reserves held for the project will be forfeit by the Client. Said reserves will not be eligible for a refund. On Hold requests will be accepted via fax, letter or e-mail, and must be received by the stated cancellation deadline. Client is responsible for confirming that Specialty Toys Network comes into receipt of the request. All On Hold requests must be made by the account owner or credit card holder.
PERMISSIONS AND RELEASES
The Client agrees to indemnify and hold harmless Specialty Toys Network against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was acquired.
Specialty Toys Network shall be given the first opportunity to make revisions requested by the Client. If the revisions are not due to any fault on the part of Specialty Toys Network, such work shall be billed at the hourly rate listed above.
The Client agrees that the Client owns rights to a finished copy of the website design, and all Client-created content within their site, but the Client has no rights to transfer the components of the Specialty Toys Network Program to other web servers. The Client also cannot transfer to other web servers any content created by Specialty Toys Network for use by all Specialty Toys Network members.