Terms of Use (Back to Login)

The Honeycomb e-Marketing Program may not be used for the sending unsolicited e-mail or SPAM. See our Anti-Spam Policy. The following terms and conditions surround the Honeycomb e-Marketing Program. With use of the Visions Design Studio e-Marketing Program, you automatically agree to these terms and conditions.

1. Honeycomb e-Marketing Program Services and Support

1.1 Honeycomb holds the explicit rights to modify, amend, or delete any portion of the services held in this agreement with proper notice to you, the client. All amendments, modifications, or deletions shall become effective upon posting of the revised agreement.
1.2 The Honeycomb e-Marketing Program is only available to those 18 years and older and who can form a legally binding contract under applicable law. If you do not qualify, refrain from using the program.
1.3 The Honeycomb e-Marketing Program allows users to collect and retrieve visitor sign-up data, develop and execute e-mail publications, and view publications reports.
1.4 The number of e-mail messages sent and the bandwidth engaged by each client is metered by Honeycomb.
1.5 All prices associated with the Honeycomb e-Marketing Program are subject to change at any time. Any and all fees paid to Honeycomb are non-refundable. All payments for services are subject to the agreed upon estimate produced by Honeycomb.
1.6 Honeycomb reserves the right to re-estimate the reactivation costs of any service that becomes deactivated due to non-payment or an untimely authorization for payment.
1.7 Individuals who use the Honeycomb e-Marketing Program are responsible for maintaining the security of passwords, files, and all other information related to their account.
1.8 Honeycomb will make every attempt to ensure that email messages are delivered as per their pre-send proof. Given the vast variety of browsers, and the number of different email clients, Honeycomb cannot be responsible for any messages that do not appear correctly as a result of user error, browser compatibility, or email client issues.

2. Restrictions and Responsibilities

2.1 This is an Agreement for Services, and you are not granted a license to any software by this agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business (which includes civic or charitable) purposes only and you shall not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
2.2 Honeycomb holds all rights to any and all company names, logos, insignias and or service, design, or trademarks associated with the e-Marketing Program. Users are not authorized to use, replicate, distribute for use, or use for any commercial or advertising purpose, any and all of the above mentioned marks, without prior consent of Honeycomb.
2.3 Users of the Honeycomb e-Marketing Program agree to follow all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). Users agree not to use purchased email lists with any portion of the Visions Design Studio e-Marketing Program. You hereby agree to indemnify and hold harmless Honeycomb against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Visions Design Studio e-Marketing Program. Although Honeycomb has no obligation to monitor the content provided by you or your use of the program, Honeycomb may do so and may remove any such content or prohibit any use of the program if Honeycomb believes it may be in violation of any applicable laws or agreed upon policies.
2.4 Honeycomb upholds the United States CAN-SPAM ACT and any other United States laws applicable to the sending, receiving and use of email marketing. The Honeycomb e-Marketing Program may only be used for lawful purposes. Transmission or solicitation of any material that violates US federal, state or other laws that may apply in your local area is prohibited.
2.5 During use of the Honeycomb e-Marketing Program, you may be prompted to provide personal information. In doing so, you agree to allow Honeycomb to use this information and any other technical information to facilitate your use of the program, as well as to communicate with you specifically about the program.
2.6 Honeycomb will not use any of your subscriber lists or any other customer information for any other purposes than those intended with the program.
2.7 You will adopt and maintain the Privacy Policy , which may be modified by Honeycomb from time to time.
2.8 You may not use Honeycomb to distribute illegal contests, pyramid schemes, chain letters, or multi-level marketing campaigns.
2.9 You may not use Honeycomb to send email campaigns that link to or display nudity, obscene content, gambling related content, pharmaceutical related content, illegal software, viruses, or to distribute any other content that we deem inappropriate.

3. Termination

3.1 You may terminate this agreement with Honeycomb at any time by sending an e-mail message to jon@visionsweb.com or by sending written notice to Honeycomb, 475 Cleveland Ave N, Suite 310, Saint Paul, MN 55104. Correspondence must include your first name, last name, and your program username. No refunds will be issued if you terminate your agreement.
3.2 Honeycomb may terminate your agreement or your use of the Honeycomb e-Marketing Program at any time with or without cause, and with or without notice. Honeycomb shall have no liability to you or any third party because of such termination. If Honeycomb terminates this agreement because you violated the Anti-Spam Policy, no refund will be issued.
3.3 Honeycomb may delete any of your archived data within 30 days after the date of termination. All sections of this agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
3.4 If you do not log into your account for more than 120 days, the account will become inactive. When an account is classified (at Honeycomb's sole discretion) as inactive, Honeycomb will flag that account as inactive. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER SIGNUPS, MAY BE PERMANENTLY REMOVED FROM THE VISIONS DESIGN STUDIO DATABASE.

4. Warranty Disclaimer; Remedies

USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. Honeycomb DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND Honeycomb DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for Honeycomb to use commercially reasonable efforts to adjust or repair the Services.


5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Visions Design Studio OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "Honeycomb ") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF Visions Design Studio 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, Honeycomb 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 LIABILITY OF Honeycomb TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.


6. Export of Program or Technical Data

You may not remove or export from the United States, or allow the export or re-export of the Honeycomb e-Marketing Program, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.


7. Miscellaneous

7.1 If any provision of this agreement with Honeycomb is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this agreement will otherwise remain in full force and effect and enforceable.
7.2 Each client of the Honeycomb e-Marketing Program, along with Honeycomb, agree to the completeness and understanding within this agreement and understand that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under the contract or existing at law or equity shall be considered a waiver of such right or remedy.
7.3 No agency, partnership, joint venture, or employment is created as a result of the contract, and you do not have any authority of any kind to bind Honeycomb in any respect whatsoever.
7.4 In any action or proceeding to enforce rights under the contract, the prevailing party will be entitled to recover its costs and attorneys' fees.
7.5 This agreement shall be governed by the laws of the United States without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the client contract shall be brought in the state or federal courts.

8. System Requirements

It is understood that in order to use the Honeycomb e-Marketing Program, users must utilize a Windows PC with Internet Explorer 6.0 or higher. Additionally, a stable connection to the Internet is required. Honeycomb may work in a limited manner on Macintosh, Unix, and other platforms, but there is no guarantee of functionality on non-Windows platforms. Additionally, Honeycomb may work in a limited manner on a non-Internet Explorer web browser (such as Netscape Navigator), but there is no guarantee of full functionality on web browsers other than Microsoft's Internet Explorer.


9. Compliance rules for sending e-mail

All Honeycomb customers must follow the rules of the federal CAN-SPAM act and Honeycomb's Anti-Spam policy when sending e-mail through the program. Accordingly, we require the following of e-mail messages sent through the Honeycomb system:

  • A prominent, single-click unsubscribe link at both the top and bottom of each email that will remain active for at least 30 days after the message is sent (automatic with the program)
  • A clear subject line that is not misleading, misrepresentative or false in any way
  • Clear information about the sender
  • Contact information for recipients with questions
  • Messages shall not transmit any viruses or programs that may destroy or damage the functionality of a recipients computer
  • Messages shall not contain any unlawful or harassing content (for further definition, see our Terms of Use)

These guidelines will help ensure that Honeycomb maintains its reputation and white-listing status with a number of major ISPs and whitelisting programs.


10. Email and Permission Practices

10.1 Every email message sent in connection with the Honeycomb e-Marketing Program must contain an "unsubscribe" link at both the top and bottom of the email that allows subscribers to remove themselves from your mailing list. This link is provided automatically with the correct and proper usage of the program. You agree that you will not remove, disable or attempt to remove or disable either link.
10.2 You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used; please contact Visions Design Studio if you have questions).
10.3 You cannot mail to distribution lists, newsgroups, or spam email addresses.
10.4 Honeycomb will discontinue future sends to any user(s) who unsubscribe from your lists and no further publications will be sent to them. You are responsible for maintaining the addresses to which messages are sent through your Honeycomb e-Marketing Program account.
10.5 Emails that you send through the Service may generate abuse complaints from recipients. As a matter of privacy, Honeycomb cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. Honeycomb, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this agreement.
10.6 Honeycomb, at its own discretion, may immediately disable your access without refund to the Services if Visions Design Studio believes in its sole discretion that you have violated any of the email and permission practices listed above, or the Visions Design Studio Anti-Spam Policy.

Contacting Honeycomb

If you should have any questions regarding this agreement or any part of the program, please contact us at:

Honeycomb Internet Services, LLC - Honeycomb
77 13th AV NE.
Suite 210
Minneapolis, MN 55413

 
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