A. Company Information

JackCass Email Design (e-maildesigns.com) is a separate business entity owned by JackCass Productions - a growing graphic design company based in Sydney, Australia serving customers globally.

JackCass Email Design specialises in providing anything to do with email, including but not limited to:- email newsletters, email signatures, email letterhead, email stationery (stationary), email promotions, email branding and email business cards.

B. Terms of Use

We refer to JackCass Email Design, JackCass Productions, E-MailDesigns.com throughout this document. All are owned by JackCass Productions and are protected by copyright and infringement law.

Your use of any of E-MailDesigns.Com product's are governed by the following terms and conditions. In consideration for providing our services to you, you agree to these terms and conditions.

You acknowledge your understanding that messages composed and sent using our email service are not reviewed, screened, approved nor endorsed by us.

You are solely responsible for your content, and we act as a passive conduit for the hosting of the images in your email communications.

You represent and warrant that your emails:

1. does not violate any law, statute, ordinance or regulation, including without limitation the laws and regulations governing export control, pornography and obscenity;
   
2. does not offer to sell any goods or services, or engage in surveys, contests, chain letters, or serve any other commercial purpose;
   
3. does not infringe on any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, and is not defamatory or trade libelous;
   
4. does not contain deleterious programming routines.

C. Your Privacy & Security

1. Please read our privacy policy here.
   
2. We will not contact you or any contacts you use to send email for any reason unless necessary. Your customer information will not be sold, rented, or shared in any way with any other parties unless required by law.
   
3. JackCass Email Design performs regular backups of our system and of customer data, but JackCass Email Design is not responsible for any of your data residing on our system. You are responsible for backing up your data and keeping the files that we sent you when your design was completed.
   
4. You are responsible for maintaining confidentiality. You will immediately notify JackCass Email Design of any unauthorized use of your email account or any breach of security.
   
5. If JackCass Email Design hosts your images used in your email, we reserve the right to remove the images without your consent if we receive Spam complaints from a recipient, an ISP, or anti-spam service. We will notify you of such removals.
   
6. We reserve the right to share your name with anti-spam organizations, other email service providers, recipients of your list, or ISPs if there are Spam complaints in connection with your use of our services.
   

D. Eligibility

If you do not meet these eligibility requirements, you may not use any of JackCass Email Design's services:

1. You must be at least 18 years of age to use JackCass Email Design, and can form legally binding contracts under applicable law.
   
2. You must agree to our terms of service in order to use JackCass Email Design. All contact information you submit must be true, complete, and up to date.
   
3. JackCass Email Design reserves the right to refuse service or to terminate images being hosted for any user, and to change eligibility requirements at any time, in its sole discretion.
   
4. You may not edit, tamper or delete sections of any eLetterhead, eSignature, eBusinessCard, eNewsletter or ePromotion that we have sent to you, inlcuding the link to our website. Our services are copyright and copying or partial copying is illegal.

E. Prohibited Content

You may not use any of our services if you engage in any of the following:

1. Provide, sell or offer to sell the following products or content (or services related to the same): pornography or illicitly pornographic sexual products; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make weapons of any kind.
   
2. Display material that exploits children, or otherwise exploit children under 18 years of age.
   
3. Post or disclose any personally identifying information or private information about children without their consent (or their parents consent in case of a minor).
   
4. Provide material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
   
5. Sell or promote any products or services that are unlawful in the location at which the content is posted or received.
   
6. Introduce viruses, worms, harmful code and/or Trojan horses on the Internet.
   
7. Promote, solicit or participate in multi level marketing.
   
8. Engage in any libelous, defamatory, scandalous, threatening, harassing activity.
   
9. Post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
   

F. Fees and Refunds

1. JackCass Email Design reserves the right to (reasonably) change our prices at any time.
   
2. We do not provide refunds however we will try to overcome any difficulties, problems or disputes that you put forward to us.
   
3. If a user violates any of the terms outlined above, we reserve the right to cancel hosting of your images, or bar access to your images, without refund.
   
4. If, for some reason, we are unable to process your order, we will attempt to contact you by email.
   
5. You agree to that we have no control over your recipients' email servers, ISP availability, personal spam filter settings, etc)
   

G. Indemnification

YOU AGREE TO INDEMNIFY AND HOLD JACKCASS PRODUCTIONS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICE, USE OF YOUR ACCOUNT BY ANY THIRD PARTY, THE VIOLATION OF THE TERMS OF USE BY YOU, OR THE INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.

H. Disclaimer

THE E-MAILDESIGN.COM SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. JACKCASS PRODUCTIONS IS A PROVIDER AND HOST AND IS NOT A PUBLISHER OF THE CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SITE; AS SUCH, JACKCASS PRODUCTIONS EXERCISES NO EDITORIAL CONTROL OVER SUCH CONTENT AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH OR ACCESSIBLE VIA THE SITE. WITHOUT LIMITING THE FOREGOING, JACKCASS PRODUCTIONS SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS AS THE PUBLISHER OF ANY CONTENT TRANSMITTED ON OR IN CONNECTION WITH THE SITE OR ON SITES THAT MAY APPEAR AS LINKS ON THE SITE, OR AS THE MANUFACTURER OF THE PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY JACKCASS PRODUCTIONS (INCLUDING E-MAILDESIGNS.COM) NOR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THE LIKE SHALL CREATE A WARRANTY. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.