The Newsletter Place provides its services to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time. You can review the most current version of the TOS at any time at: http://www.thenewsletterplace.com/tos.htm.
1. DESCRIPTION OF SERVICE
The Newsletter Place currently provides users with newsletter design, production, delivery and website development services. All such services are outlined on our website, http://www.thenewsletterplace.com. You understand and agree that the service may include certain communications from The Newsletter Place, such as service announcements, administrative messages and the Newsletter Mechanic newsletter. Unless explicitly stated otherwise, any new features that augment or enhance the current services, including the release of new Leadkeeper, Inc. properties, shall be subject to the TOS.
2. YOUR OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by our registration form and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete.
The Newsletter Place is concerned about the safety and privacy of all its customers, clients and end-use readers of our newsletters. Our privacy policy is clearly posted on our website. We will not sell, rent, or offer under any circumstances any email addresses or customer data to any third party.
As a customer of The Newsletter Place, you agree to refrain from sending unsolicited commercial email “SPAM” to any third party. As a service provider, we must rely upon our customers to provide us with accurate email addresses and do not take responsibility for the credibility of your lists. You are responsible for any spam complaints relating to your newsletter mailings.
Under recent “Can Spam” legislation, The Newsletter Place will ensure that all applicable conditions for correct use of email are met. These include the ability for any subscriber of our newsletters to unsubscribe easily, a physical address on all commercial email, and correct delivery methods including a working email address for replies.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. impersonate any person or entity;
c. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service;
d. upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
f. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
g. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
h. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; or
The Newsletter Place and its designees shall have the right to remove any content that violates the TOS or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

You acknowledge, consent and agree that The Newsletter Place may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of The Newsletter Place, its users and the public.

You understand that the technical processing and transmission of the service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the service and software embodied within the service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by The Newsletter Place and/or content providers who provide content to the service. You may not attempt to override or circumvent any of the usage rules embedded into the service.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

3. MEMBER ACCOUNT, PASSWORD AND SECURITY
Website customers will receive a password and account designation upon completing the service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify The Newsletter Place of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Newsletter Place cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.
4. INDEMNITY
You agree to indemnify and hold The Newsletter Place, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the service, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights of another.

5. MODIFICATIONS TO SERVICE
The Newsletter Place reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with 30 days’ notice. You agree that The Newsletter Place shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

6. TERMINATION
You agree that The Newsletter Place may, under certain circumstances and without prior notice, immediately terminate your The Newsletter Place account, any associated email address, and access to the service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the service (or any part thereof), and (e) unexpected technical or security issues or problems. Termination of your The Newsletter Place account includes (a) removal of access to all offerings within the service, including but not limited to The Newsletter Place newsletters and web hosting, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the service. Further, you agree that all terminations for cause shall be made in The Newsletter Place's sole discretion and that The Newsletter Place shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the service. Should services be terminated without cause, all files and property belonging to you shall be delivered to you upon termination. In particular, any termination of a website account without cause will result in the entire website file including design, images, text and related pages to be returned to you for use with another host or server.

8. THE NEWSLETTER PLACE'S PROPRIETARY RIGHTS
You acknowledge and agree that the service and any necessary software used in connection with the service ("software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in the services we provide is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by The Newsletter Place, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the software, in whole or in part.

The Newsletter Place logos and product and service names are trademarks of Leadkeeper, Inc. (the "The Newsletter Place Marks"). Without The Newsletter Place's prior permission, you agree not to display or use in any manner The Newsletter Place Marks.

Entire Agreement. The TOS constitute the entire agreement between you and The Newsletter Place and govern your use of the service, superceding any prior agreements between you and The Newsletter Place. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Leadkeeper, Inc. services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The TOS and the relationship between you and The Newsletter Place shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and The Newsletter Place agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Riverside, California.

9. VIOLATIONS
Please report any violations of the TOS to our Customer Care group.