In order to use Mail Marketing, you must:
Represent and Warrant
“Representing and warranting” is like making a legally enforceable promise.
The Term begins when you sign up for Mail Marketing and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for Mail Marketing on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Closing Your Account
You or Mail Marketing may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we'll refund a prorated portion of your monthly prepayment or reimburse you for unused Email Credits. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as "inactive" and permanently delete the account and all the data associated with it.
Acceptable Use Policy
Our Acceptable Use Policy sets some rules that you have to follow as a Mail Marketing user. Some are dictated by the law, some are common sense (do unto others), and some are based on our experience in delivering email.
5. Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether you authorized its use or not. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password and, for security reasons, we may only reset your password.
6. Account Disputes
We don’t know the inner workings of your organization or the nature of your personal relationships, and we don't arbitrate disputes over who owns an account. You won't request access to or information about an account that's not yours, and you'll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we'll rely on the contact information listed for that account.
7. Monthly Plans
Our charges for monthly plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same date, or the closest date, in that month, to the day you signed up with us and made your first monthly payment (the "Pay Date"). If you go over your sending limits and reach another pricing level, then you'll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level.
8. Pay as You Go Plans
You may buy Email Credits to use our Services, as we explain on the pricing page of our Website, instead of signing up for a monthly plan. If you choose a Pay as You Go Plan, you’ll still be considered a Member, and other than the monthly payment requirement, all the terms of this Agreement will still apply to you. Email Credits for Pay as You Go (prepaid) accounts roll over and don’t expire, but if you’re inactive for more than 12 months your account may be deleted.
9. Credit Cards
As long as you’re a Member or have an outstanding balance with us, you'll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed. Sorry, we don’t accept T-shirts or other forms of barter at this time.
We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that's not laid out in these Terms or our Acceptable Use Policy. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
12. Proprietary Rights Owned by Us
You shall respect our proprietary rights in the Website and the software used to provide Mail Marketing (proprietary rights include patents, trademarks, service marks, and copyrights). In any case please contact us using the mail form on the web site.
13. Proprietary Rights Owned by You
15. Right to Review Email CampaignsWe may view, copy, and internally distribute content from your Emails and account to create algorithms and programs ("Tools") that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws.
16. General Rules
You promise to follow these rules:
In short, spam means “unsolicited bulk email.” If you send people mass email without their permission, you’re spamming.
17. Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Mail Marketing user, we want to hear about it. Please report it to our abuse team. If you think anyone has posted material that violates any copyrights, then you may notify us according to our Copyright Policy.
Every Mail Marketing campaign has an embedded Campaign Tracking ID (CID) in the header that makes it easy to report suspected spam. If it doesn’t contain a CID, then it didn’t come from Mail Marketing.
18. Bandwidth Abuse/Throttling
You may only use our bandwidth for your Mail Marketing emails. We provide image hosting only for your email campaigns, so you may not host images on our servers for anything other than your email campaigns (like a website). We may throttle your sending or connection through our API at our discretion.
19. Compliance with Laws
You represent and warrant that your use of Mail Marketing will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you're subject to regulations (like HIPAA) and you use our Service, then we won't be liable if our Service doesn't meet those requirements. If you’re located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your Email distribution list, sending Emails via Mail Marketing, and collecting information as a result of sending Emails, you:
European Economic AreaThis applies to people who are sending to or from the European Economic Area. The EEA includes countries that are part of the European Union, plus Iceland, Liechtenstein and Norway.
20. U.S. Export ControlsThe software that supports the Services (the "Software") is subject to United States export controls. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. You’re downloading and using the Software at your own risk.
Export laws are set up by governments to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements.
21. Limitation of LiabilityTo the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
22. No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
Warranties of Merchantability
Since people use Mail Marketing for a variety of reasons, we can’t guarantee that it will meet your specific needs. But we hope it does!
You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
Indemnity is an agreement to compensate someone for a loss.
24. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
25. Liquidated Damages
In some cases, a breach of these Terms could cause damages, but proving the actual damages would be impossible. These cases will result in the corresponding liquidated damages, which are a reasonable pre-estimate of the damages:
For example, if someone were to get our IPs blacklisted or lower our deliverability by breaking spam laws, we may seek liquidated damages since it’s hard to put a number on those losses.
26. Equitable Relief
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
27. Subpoena Fees
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel.
30. Entire Agreement
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