Fat Atom Internet Marketing^® (Fat Atom) provides a collection of tools and resources to create, launch and manage online email marketing campaigns (the "Services"). The following are the terms and conditions for use of the Services we provide, along with any amendments thereto and any rules or policies that may be published from time to time by Fat Atom.

1. Services and Support
1.1 The Services are provided subject to the following terms and conditions and any operating policies that Fat Atom may establish (the "Agreement"). Fat Atom may make changes to this Agreement, and continued use of our Service constitutes Client's acceptance of any such changes. In addition, when using particular Fat Atom services, Client and Fat Atom shall be subject to any posted guidelines or rules applicable to such Services.
1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
1.3 The Services provide corporate websites, small business websites and community sites the tools to sign up web site visitors, collect and retrieve visitor sign-up data and develop and execute simple interactive marketing communications with visitors.
1.4 Fat Atom reserves the right to refuse registration of or cancel accounts it deems inappropriate at any time, with or without notice to the Client.

2. Restrictions and Responsibilities
2.1 This is an Agreement for Services and Client is not granted a license to any software by this Agreement. Client 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 the Services or any software, documentation or data related to the Services ("Software"); modify, translate, or create derivative works based on the Services or any Software; copy (except for archival purposes), distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
2.2 Client represents, covenants and warrants that Client will use the Services only in compliance with Fat Atom's privacy policies as published at the fatatominternetmarketing.com website or otherwise furnished to Client (the "Policy") and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity or defamation). Client may not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. Client hereby agrees to indemnify and hold harmless Fat Atom 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. Although Fat Atom has no obligation to monitor the content provided by Client or Client's use of the Services, Fat Atom may do so and may remove any such content or prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
2.3 For every email message sent in connection with the Services, Client acknowledges and agrees that the Services shall automatically add an identifying footer stating "Powered by Fat Atom Internet Marketing^®" or a similar message.
2.4 In using the varied features of the Services, Client may provide information (such as name, contact information, or other registration information) to Fat Atom. Fat Atom may use this information and any technical information about Client's use of this website to tailor its presentations to Client, facilitate Client's movement through this web site or communicate separately with Client. Fat Atom will not provide information to companies Client has not authorized, and Fat Atom will not permit the companies that get such information to sell and redistribute it without Client's prior consent.

3. Termination
3.1 Client may terminate this Agreement at any time by sending an email message to This e-mail address is being protected from spambots. You need JavaScript enabled to view it or by sending written notice to: Fat Atom Internet Marketing, 12 West Main Street Carmel, IN 46032 USA.
3.2 Fat Atom may terminate this Agreement or the Services at any time with or without cause and with or without notice. Fat Atom shall have no liability to Client or any third party because of such termination.
3.3 Upon termination for any reason, Fat Atom may delete any Client 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, warranty disclaimers and limitations of liability.
3.4 If Client does respond to Fat Atom's attempts to contact them for more than 90 days, the account may become inactive. When an account is classified (at Fat Atom's sole discretion) as inactive, Fat Atom will notify Client by email. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SIGNUP CAMPAIGN RESULTS, MAY BE PERMANENTLY REMOVED FROM THE Fat Atom DATABASE.

4. Warranty Disclaimer
CLIENT USES THE SERVICES AT ITS OWN RISK. Fat Atom 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 Fat Atom DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

5. Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR PERSONAL INJURY OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY Fat Atom, Fat Atom AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND PROPERTY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ACTION IN CONTRACT, TORT OR OTHERWISE, EVEN IF Fat Atom HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Export of Services or Technical Data
Client may not remove or export from the United States or allow the export or re-export of the Services 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 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 Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.
7.3 No agency, partnership, joint venture or employment is created as a result of this Agreement, and Client does not have any authority of any kind to bind Fat Atom in any respect whatsoever.
7.4 In any action or proceeding to enforce rights under this Agreement, 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 State of Indiana and more specifically Hamilton County, USA without regard to its conflict of laws provisions.
7.6 We reserve the right to modify our pricing at any time and will notify you by email when this occurs.