Pop-a-Note is an automated email marketing system offered by RISMedia. Pop-a-Note provides business professionals and companies with a system to automatically keep in touch with their contacts.
In accordance with the CAN-SPAM Act, Pop-a-Note may not be used for the sending of unsolicited email (spam). As a service of RISMedia, Pop-a-Note's Anti-Spam Policy is covered under RISMedia's Anti-Spam Policy, which can be viewed here: http://rismedia.com/rismedias-anti-spam-policy/.
Copyright and Trademark Information
All materials created for Pop-a-Note are Copyright of RISMedia. The Pop-a-Note website and the information which it contains is the property of RISMedia and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws.
Unless you are an authorized reseller of the Product or participating in a revenue-share agreement for the Product with RISMedia , you may not display, copy, reproduce, or distribute the website or its contents, any component thereof, any documentation provided in connection with the Products or the website, or any content, including but not limited to newsletters distributed to you by RISMedia in connection with the Product. Violation of these restrictions may result in the termination of this Agreement.
Representations and Acknowledgements
- Pop-A-Note's email marketing product ("the Product") will be subject to monthly subscription fees with a discounted first month.
- The Product may not be used for the sending of unsolicited email ("spam").
- Members may not access or otherwise use third party mailing lists or prepare or distribute unsolicited email in connection with the Product.
- Members acknowledge and agree that not all email messages sent through use of the Product may be received by their intended recipients.
- Members agree that the "from" line of any email message sent by you using the Product will be the Display Name in Account Settings and will accurately and in a non-deceptive manner identify your organization, your product or your service.
- Members agree to include in any email message sent by the member using the Products the member's valid physical address which may be a valid post office box meeting the registration requirements established by the United States Postal Service.
- In the use of the Product, you agree to represent you or your organization accurately and will not impersonate any other person, whether actual or fictitious.
- The Product may only be used for lawful purposes.
- Those members accessing or using the Product through a Third Party Service, will abide by this Agreement regardless of anything to the contrary in member's agreement with such third party. You shall not use such Third Party Service to avoid the restrictions set forth in this Agreement.
Fee Schedule and Discounts. The Fee Schedule, including subscriber or contact levels, prices, and any discounts is subject to change at any time at RISMedia's sole discretion. If you receive special discounts through a marketing partner, those discounts may not be available if you cease to continue to be a customer of the marketing partner, in which case RISMedia's standard rates will apply.
Complaint Practices. Emails that you send through the Product may generate spam complaints from recipients. If complaints exceed industry norms RISMedia reserves the right to terminate member's use of the Product.
Subscriber Opt Out. Every email message sent in connection with the Product will contain an "unsubscribe" link that allows subscribers to remove themselves from your mailing list. Unsubscribed emails will be listed in member's Reports and may not be uploaded again.
You may terminate this Agreement at any time by calling Pop-a-Note Customer Support. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND RISMEDIA IS NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT AND ANY CREDIT CARD CHARGES AND FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT.
RISMedia may terminate this Agreement or the Product, disable your account, or put your account on inactive status, in each case at any time with or without cause, and with or without notice. RISMedia shall have no liability to you or any third party because of such termination or action.
In accordance with the laws of the State of Connecticut, member hereby agrees to indemnify and hold harmless RISMedia, its business partners, third-party suppliers and providers, licensors, employees, distributors, and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation to costs and reasonable attorneys' fees) in connection with any claim or action that arises from any alleged breach of this Agreement. In addition, you acknowledge and agree that RISMedia has the right to seek damages when you use the Product for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance, and/or consequential damages.
Limitation of Liability
To the maximum extent permitted by applicable law, under no circumstances and under no legal theory, tort, contract, or otherwise shall RISMedia or any of its underlying service providers, business partners, information providers, account providers, licensors, employees, distributors, or agents be liable to you or any other person for any money damages, whether direct, indirect, special, incidental, cover, reliance, or consequential damages, even if RISMedia 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, RISMedia is found liable to you for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort [including negligence], product liability or otherwise), the maximum aggregate liability of RISMedia to you arising in connection with this agreement shall be limited to the amount you paid for the product in the twelve (12) months prior to the accrual of the applicable claim, less any damages previously paid by RISMedia to you in that twelve (12) month period. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
Third-Party Web Sites and Services
This web site may contain links to non-RISMedia websites and access to certain third-party services. These links and services are provided to you as a convenience, and RISMedia is not responsible for the content of any linked website or use of any third-service service.
Notice and Take Down Procedures
If you believe any materials accessible on or from this website or the Product infringe your copyright or other intellectual property, you may request removal of those materials (or access thereto) from this website or the Product by contacting RISMedia Customer Support.
Username and Password
Each Member will be sent a welcome email with a username and password to use the services and to access specific portions of the website. The email entered during the sign-up process will be the address where the welcome email is sent. You may not disclose your password to any other party, or permit any other party to access the website or the services using your password in conjunction with your username.
You are responsible for maintaining the security of your account, passwords, and files. RISMedia will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person provides appropriate account identifying information as determined by RISMedia in its discretion, by email or by phone, or through a Third Party Service, if any, through which you access the Product. RISMedia is not responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password or other appropriate account identifying information.
If you have any questions about the rights and restrictions above, contact support.
Selecting a content package level and clicking submit will result in the respective monthly or annual fee being charged to your credit card. To cancel your subscription contact RISMedia Customer Support.