MAILMAILER END USER LICENSE AGREEMENT
The terms and conditions set out herein is a legally binding agreement between Circular Solutions Inc (Doing Business As Mailmailer) and the User who has registered account with MailMailer. Terms and conditions stated in this agreement will govern your (the "User") access to MailMailer services. Your use of the Services confers no title or ownership in the Services. All ownership rights remain in Circular Solutions Inc or its third party suppliers, as the case may be. MailMailer provides a collection of tools and resources to create, launch, measure and manage online marketing campaigns. The following are the terms and conditions for use of the Services.
2.
INTRODUCTION TO SERVICES AND SUPPORT
The Services provided by MailMailer are subject to the terms and conditions and all operating policies that MailMailer may establish (the "Agreement") and post on this website. MailMailer may make changes to this Agreement, and continued use of the Service constitutes Customer's acceptance of any such changes. By continuing to use the service, following the initial posting date of modifications made by MailMailer, User agrees to be bound by the Agreement as amended. MailMailer 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.
MailMailer offers its services on an "as is" basis. MailMailer provides a collection of tools and resources to create, launch, measure and manage online marketing campaigns. User can create and send email campaigns using the tools to distribute content supplied by the User to email addresses supplied by the User. MailMailer doesn't guaranty delivery of any email that has sent from MailMailer servers to any email address. MailMailer doesn't create or modify any content that MailMailer is not the author or the publisher of the campaign. MailMailer retains the right to cancel and delete any campaign violating its Usage Rules as defined by MailMailer set forth in Usage Rules.
3.
RESTRICTIONS AND RESPONSIBILITIES
This is an Agreement for Services, and User is not granted a license to any software by this Agreement. User will not, directly or indirectly: reverse engineer, decompile, disassemble, or attempt to discover the source code, object code, ideas, documentation, or data related to the Services ("Software"); modify, translate, or 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.
User represents, and warrants that User will use the Services only in compliance with MailMailer privacy policy published at the www.MailMailer.com website. User may not access or use third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. User agrees to indemnify and hold harmless MailMailer against any damages, losses, liabilities, settlements, and any kind of expenses in connection with any claim or action that arises from an alleged violation of the foregoing. MailMailer has no obligation to monitor the content provided by User or use of the Services, MailMailer 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.
For every e-mail message sent by MailMailer as service usage, Customer acknowledges and agrees that the Services shall automatically add an identifying footer stating "Powered by MailMailer" or a similar message.
4.
ACCOUNT PASSWORD AND SECURITY
User is responsible for maintaining the security of the account, passwords, and data, and for all uses of user's account and of the Services in user's name. MailMailer reserves the right to refuse registration of, or cancel accounts it deems inappropriate. The User is entirely responsible for any and all activities that occur under its user name and password. The User is to immediately notify MailMailer of any unauthorized use of the account or any breach of security.
5.
USAGE RULES
These Usage Rules are designed to ensure that MailMailer services can be delivered and used in an ethical manner. The User represents, warrants, covenants that use of the Services will only be in compliance with this Agreement and all applicable laws. MailMailer and the User agree to be legally bound by and honor these Usage Rules. Regarding email campaigns, the User specifically agrees not to use MailMailer Services:
To send email to any person, organization or entity who has not given their permission to receive email from the User. User also acknowledges that it is unlawful to send emails to addresses that were harvested (e.g. obtained from an automated scan of a web site) knowingly or unknowingly, and agrees to never send emails to such addresses, and accept liabilities for misuse. User agrees to be legally bound by MailMailer's Anti-Spam policy at MailMailer website. MailMailer have the right to update and/or amend this policy from time to time without notice to the User by posting the Anti-Spam policy to its web site.
For any kind of unlawful purposes.
To harass, threaten, embarrass or cause distress, unwanted attention or discomfort to any person, organization or entity.
To send content or links that contain nudity or sex pornography material of any kind to individuals under age 18, or to anyone on lists that are not limited to people age 18 or older.
To send, submit or publish any material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
To send content that contains links to web pages that contain nudity, sex, pornography, tasteless images, foul language, hate propaganda, anything illegal, illegal software, serial numbers for unlocking software, mail fraud, pyramid schemes or is otherwise insulting to another person(s).
To encourage the use of any controlled substance, transmission of material, information or software in violation of any local, state or federal law.
To impersonate any person, including but not limited to, an official of MailMailer or an information provider, or communicate under a false name or a name that the User is not entitled or authorized to use.
To upload, post or reproduce in any manner any material protected by copyright without the permission of the copyright owner.
To send content that promotes or provides instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
The User also understands that in any case if the user violates the usage rules and/or privacy policy may result in suspension or termination of their account, with or without any notice, without refund of any monies paid. MailMailer also reserves the right to modify the Users data with email notice provided to the User within one business day except in the case of Spam complaints by ISPs or email recipients, in which case, the name of the complainant/email recipient will be immediately unsubscribed from the User's List(s) without notice to the User. In addition, if MailMailer gets any complaints from the User's use of the Services, being complaints from email recipients, ISPs, domain name providers, or any other complaints; MailMailer have the right to share the User's name and the fact that there have been complaints, with any third party, including other providers of email marketing services.
6.
USE AND STORAGE
MailMailer may store User information, content, email lists, emails, campaign statistics and other information in its databases for the User. MailMailer reserves the right to establish general practices and limits concerning the use of the Services, including without limitation the maximum number of days that information is stored, the maximum amount of disk space that will be allotted to each User, the maximum size of campaigns sent through MailMailer's Services, the scheduled time of a campaign and the maximum number of occasions that the User may access the Services in a given period of time. MailMailer has no responsibility or liability for the deletion or failure to store any messages, content or other information maintained or transmitted through the Services. At any time MailMailer may determine that User information can no longer be stored by MailMailer or deem User information to be inappropriate and remove it from its databases with or without notice to the User.
If the User does not log into its account for more than 90 days, if the User does not pay for the services, if a User account is terminated for breach of this terms of use, or if the User fails to remedy any breach as notified by MailMailer, the account will become inactive. When an account is inactive, at MailMailer's sole discretion, MailMailer may notify the User by email. Inactive accounts have 30 days to become active after notification or the account and its data may be permanently removed from the MailMailer databases.
The User is responsible for ensuring good data management practices within their MailMailer account and to delete old Campaigns and/or Email Lists (older than 2 months) that are no longer required. If requested by MailMailer to delete Campaigns and/or Lists, the user will take this action within five (5) business days of such request or MailMailer may take the requested action in that User's account itself.
Any information stored on the MailMailer servers may be deleted at any time by MailMailer.
7.
WARRANTY DESCLAIMER AND LIMITATION OF LIABILITY
CUSTOMER USES THE SERVICES AT ITS OWN RISK. THE SERVICES AND THE INFORMATION ARE PROVIDED BY MAILMAILER ON AN "AS IS" BASIS, AND MAILMAILER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, OMISSIONS, COMPLETENESS, TIMELINESS OR DELAYS WITH RESPECT TO THE SERVICE, INFORMATION OR PRODUCTS.
IN NO EVENT WILL MAILMAILER BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICES, INFORMATION OR PRODUCTS PROVIDED ON THE WEBSITE. MAILMAILER WILL NOT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE USE OF MAILMAILER SERVICES.
8.
CHARGES FOR SERVICES
The Services will be charged according to the pricing plan selected and agreed upon by the User. All prices are in US dollars.In the event that the User fails to pay for Services, in accordance with the User plan, MailMailer have the right to suspend or terminate accout, with or without a notice, access to the User's account and all related data and remove all the user data permanently from MailMailer servers.
9.
TERMINATION
MailMailer may terminate this Agreement and services at any time by notifying the User by email with or without cause. The User may terminate this Agreement,by sending an email message to support@mailmailer.com or by written notice. If, as a result of the User violating the Usage Rules or any other case (i.e. false information supplied by user), MailMailer terminates the User's account then no refund of any monies pre-paid for the current month or Initial Period will be given.
The termination of the Agreement by either party will not affect the User's obligation to pay the charges incurred for services consumed and any fees due and payable, under the termination clause of this contract. All terms of this Agreement which by their nature survive termination, will survive termination, including without limitation, ownership, warranty disclaimers, indemnification and limitations of liability.
10.
MISCELLANEOUS
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.
MailMailer and the User agree that this Agreement is the complete and exclusive statement of the mutual understanding and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement. MailMailer reserve the right to update or modify our Privacy Policy Statement or Terms Of Use with or without a notice.
No agency, partnership, joint venture, or employment is created as a result of this Agreement, and Customer does not have any authority of any kind to bind MailMaailer in any respect whatsoever.
In any action or proceeding to enforce rights under this Agreement, the prevailing user will be entitled to recover its costs and attorneys fees.
The law of the State of Texas USA without regard to its conflict of law provisions shall govern this Agreement.
We reserve the right to update or modify our pricing and we will notify you by email when this occurs.
The CAN-SPAM Law of 2003 is in effect from January 1, 2004 in USA.
