> Enewsletter Policy

Total Website Enewsletter Policy


Welcome to Total Website NZ Ltd’s eNewsletter services. This eNewsletter policy, as part of Total Website NZ Ltd’s Legal Agreement, governs your purchase and use, in any manner, of the eNewsletter services as described on totalwebsite.co.nz, ordered by you and accepted by Total Website NZ Ltd, and describes the terms and conditions that apply to such purchase and use of the Services. You must register and accept the terms of this Agreement in order to use the Services.

Use of Services

  1. Term

This Agreement shall be for an “Initial Term” of six (6) months. This Agreement will be automatically renewed (the “Renewal Term”) at the end of the Initial Term for the same period as the Initial Term unless you provide Total Website NZ Ltd with notice of termination at least thirty (30) days prior to the end of the Initial Term or Renewal Term, whichever is then applicable. You must provide Total Website NZ Ltd with your notice of termination according to the “Cancellation/ Termination” section of the Billing policy. Upon canceling your service, you may be asked to provide Total Website NZ Ltd with additional customer identification information so that Total Website NZ Ltd may properly identify you and your account. Any notice of termination will be effective on the date specified in the notice.

  1. Termination Policy

If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) Total Website NZ Ltd shall not refund to you any fees paid in advance of such termination and (b) you shall be required to pay the lesser of three (3) times the standard monthly charge or 100% of Total Website NZ Ltd’s standard monthly charge for each month remaining in the term, unless otherwise expressly provided herein. Your termination request must be submitted to Total Website NZ Ltd according to the Cancellation Section of the Billing Policy.

General eNewsletter Rules and Guidelines

Our eNewsletter system has been developed to enable you to communicate with email subscribers that have opted-in (i.e. expressly given their permission) to receive information from your Company. You may not use the eNewsletter service for the purpose of sending unsolicited email, or “Spam”. Total Website NZ Ltd respects anti-Spam laws and asks you to act accordingly. You may not use the eNewsletter service for purposes of breaking the law. You must follow any posted guidelines regarding content and commercial activity limitations. All email addresses that you use must be solely derived from permission based lists. The eNewsletter service may not be used to send eNewsletters to individuals that have not opted-in to receive information via email from your company.

All eNewsletters sent out must comply with all relevant federal and state laws and all content must not violate any federal, state law, code, or regulation, whether criminal or civil in nature.

All eNewsletter must comply with the following:

  • Message must originate from a valid address.
  • Your company name, address, city, state, zip code and phone number must be clearly included.
  • Unsubscribe must be clearly visible.
  • Customer must comply with unsubscribe requests within 7 business days. An unsubscribed email address should not receive any further emails. You must maintain a record of all unsubscribe requests, including the day you removed the address from the subscription list. You must provide us with a copy of such records upon our request.

Total Website NZ Ltd’s eNewsletter service gives its users all the tools necessary to build and maintain an opt-in email list. Our system allows you to import existing lists of email addresses. The email addresses that are imported must have opted in to receive messages from your company. These features make it easy for users to build and use lists of opt-in subscribers and eliminate the need to send unsolicited emails. Therefore, in the event that a complaint is received or an instance reported of an unsolicited email message sent by your company using our Service, Total Website NZ Ltd will investigate claims of unsolicited email messages sent using the Service. If Total Website NZ Ltd determines that a user is employing the service to send emails to recipients who have not opted in or recipients that have unsubscribed on a prior occasion, the account will be immediately terminated.

Special Email Provisions

Adding New Members: You will use a “single opt-in” or “double opt-in” (signup plus confirmation) subscription method for all new list members. For the purpose of this Agreement, a “double opt-in” method shall mean that when you add a new member’s email address to the list, that email address shall not be activated unless and until the new member receives a single confirmation email from you requesting the member’s consent to be added to the list, and Total Website NZ Ltd receives from the new member a confirmation action (such as a confirming email from the new member’s email address) approving such action. The confirmation email sent by the Customer to new members may not include advertising or calls-to-action other than an appeal to confirm the member’s subscription.

Importing Members: You may only import members previously obtained by you who were confirmed using the “single opt-in” or “double opt-in” (recommended) procedures described above. You may not import opt-out members directly into your list under any circumstances. You MAY NOT import members from co-registered or purchased sources, regardless of the confirmation status of said members.

One-Time Mailings: You may not use the Service for one-time mailing to a list of members after which you substantially delete the membership and create a new list. Your membership must be a static, permanent list to which you add or delete new members and/or members subscribe or unsubscribe themselves in the ordinary course. Failure to comply with any provisions of this or any other Policy will result in an immediate termination of service, and no monies paid to Total Website NZ Ltd will be returned. You agree to hold Total Website NZ Ltd, any assigns or partners, officers and staff, harmless and defend from any and all civil actions relating to your use or abuse of any Total Website NZ Ltd product or service.

Content: Some content (both subject and body content) cannot by sent through the eNewsletter service under any circumstances. This includes but is not limited to the following:

  • Gamblings
  • Betting
  • Lead sales
  • Pornography/adult content
  • Pharmaceutical
  • Promotion or sale of products or services that are deemed unlawful within the United States
  • Work-at-home offers promoting “get rich quick”, “build you wealth” and “financial independence” offerings
  • Grossly offensive content such as promoting hatred, bigotry, intolerance of religious beliefs, racism or any other content that Total Website NZ Ltd, at its sole discretion, may deem to be offensive
  • Introduces any computer viruses, worm or software that is detrimental the recipients
  • Any content that is in any way prohibited by applicable law, would constitute a violation of applicable law or be inconsistent with community standards in any jurisdiction in which the recipient resides.

If you are unsure about how this applies to your eNewsletter, please contact us before using the service.

Anti SPAM policy

Total Website NZ Ltd expressly forbids SPAM (the term SPAM meaning the sending of unsolicited email to parties unknown to the sender). Total Website NZ Ltd has a zero tolerance SPAM policy. Any customer found to be using our eNewsletter service for SPAM will have their account subject to immediate termination.

Our eNewsletter service may only be used in connection with email lists for which recipients have voluntarily registered. Using our eNewsletter service to send email to an address you obtain without the consent of such addressee is a violation of this Policy and Total Website NZ Ltd’s Legal Agreement. You may not import any email addresses to your list that have not chosen to receive your mailings. You may only send email to customers that have willingly signed up to receive your mailings. If Total Website NZ Ltd receives complaints about your list, your account is subject to immediate termination. You may not send email under any company or organization name other than your own and/or with fraudulent header or source information.

You are responsible for the contents of your eNewsletters and the consequences of any such messages. We do not assume any responsibility or liability for content created by you. You may not send, post, distribute or disseminate any defamatory, obscene, or otherwise unlawful messages, material or information, including another person’s proprietary information (including trademarks, trade secrets or copyrighted information) without express authorization from the rights holder.

We will cooperate with legal authorities in releasing names and IP addresses of users who are involved in SPAM or other illegal activities.

Indications you might be sending SPAM:

  • You purchased or rented a list.
  • You are sending to general addresses such as: sales@domain.com, business@domain.com, webmaster@domain.com, info@domain.com or other general addresses.
  • You are mailing to anyone who has not agreed to receive email from you.
  • You have falsified your originating address or transmission path information.
  • You have used a third party email address or domain name without their permission.
  • Your subject line contains false or misleading information.

User Guide Elements

The eNewsletter service is an opt-in marketing system. When using the eNewsletter service you must ensure that the following criteria are met for outgoing eNewsletters:

You must also agree to follow standard Internet etiquette for email and state/federal laws which offer the following usage provisions:

  • You must not harvest email addresses.
  • You may only send out to those individuals that have given you explicit permission to email them.
  • You must fully comply with unsubscribe requests. Full compliance means that you do not ever email this address unless the email address owner provides permission and rescinds the unsubscribe request.

Disclaimed Warranties

You acknowledge and agree that Total Website NZ Ltd exercises no control over, and accepts no responsibility for, the content of the information passing through Total Website NZ Ltd’s eNewsletter service. ALL SERVICES PERFORMED HEREUNDER ARE PERFORMED “AS IS” AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, Total Website NZ Ltd DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.