email / postal mail marketing
Telephone 888.675.4515
   by Vito & Associates, Inc. Home of the Herds Login
MailHerd Rules of Service

Our responsibilities:
1. Provide you with email marketing services through the use MailHerd
2. Securely back-up of your data daily to an off-site location
3. Provide 95% up time of our servers
4. Provide email and telephone support for MailHerd to our clients or trial-basis clients in good standing
5. Keep your data distinct and never shared with anyone
6. Attempt to deliver every email to the best of our abilities
Your responsibilities:
1. Send only permission-based, solicited email, i.e. no "spam"
2. Upload only permission-based email addresses, i.e. those from whom you have received the consent of the addressees to receive email correspondence from you, your company or organization
3. Ensure that your email does not contain any malware (viruses, phishing, etc.) programs
4. Send email which do not promote any of the following: hate, pornography, illegal activities (financial or otherwise), or have inappropriate content based upon our review
5. Keep your account current by ensuring that your payment for MailHerd service is received prior to the start of the month of service invoiced or by your sign-up anniverary date to prevent interruption of your MailHerd service
6. Ensure your payment for additional services provided to you by Home of the Herds by Vito & Associates, Inc. is received in accordance with the stated terms on the invoice to prevent interruption of your MailHerd service
Our rights:
1. Review any or all email sent via MailHerd
2. Opt out email profiles who report your email transmitted via MailHerd as spam
3. Opt out email profiles with excessive (6+ in 6 months) soft bounces, e.g. "mail box full"
4. Restrict the use of MailHerd in the event of late payment, non-payment or non-compliance to these Rules of Service
5. Delete client data 60 days after an account becomes non-compliant with the Rules of Service or due to non-payment
6. Include your mailing address and fixed links (opt-out, update profile, etc.) at the bottom of every email sent via MailHerd in compliance with the CAN-SPAM Act.
7. Be the sole judge on the permitted content of email transmitted via MailHerd
Your rights:
1. Receive answers to your email or telephone inquiries within one business day
2. Enjoy the use of the latest version of the MailHerd application software
3. You may terminate this agreement and your use of MailHerd prior to the start of the next billing period by email or written notice to Vito & Associates, Inc.
4. Data export on your behalf is not included in your monthly service fee and will be billed on an hourly basis. We will make every effort to accommodate your requested file specification. Data exports will only be provided to clients in good standing.
By entering into agreement for the use of MailHerd, you agree that Vito & Associates, Inc., as providers of MailHerd, will not be held responsible for, nor bear any liability for, any interruption of service which may result from:
- ISP error or service outage caused by third-party agencies
- DNS attack or any other malware programs and their agents
- natural disaster or man-made emergency
If at any point in time you have questions, please call us at 888.675.4515, Monday - Friday, 9:00 am - 6:00 pm Pacific Time
Vito & Associates, Inc. Home of the Herds   2292 East Belding Drive, Palm Springs, CA 92262-0322
Telephone 888.675.4515   Contact  
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