Terms of Use

By using our system, you are agreeing to abide by the terms set forth in this Agreement. You are also covenanting (big word, yes) that (a) you are at least eighteen (18) years of age, (b) you or your company or organisation is able to sign legally binding contracts, and (c) you are representing yourself and your company honestly to your email recipients and to us, the Company. You also agree to maintain current information about yourself and your company, and to update that information as it changes.

You, Us and Ownership

Your use of your account confers no title or ownership or a license to any software. We are granting you temporary, non-exclusive access to our services – along with certain entitlements and privileges – that will endure as long as you (a) continue to provide payment for our services in a timely manner, and (b) continue to observe the terms and conditions of this Agreement.

We own the system and its logos, graphics, software, algorithms, functionality, content (other than content owned by the User or any third party), pages, features and processes that comprise the service. You agree not to copy, modify, re-package, reverse-engineer, disassemble, modify or otherwise use the system or its components in ways not explicitly allowed by this Agreement, without prior written consent.

Responsibility for Content

We are not responsible for any content you or someone using your account chooses to publish, distribute or link to. We are not the authors of outbound emails, only the creator and provider of the application that enables such outbound emails to be sent and delivered. Should we find reason to believe you have violated any laws in the course of your use of your account, or plan to violate any law using your account, we may suspend or terminate your account immediately and without notice.

On Sending Emails to People Who Didn't Ask for Them

We operate an opt-in system, designed to facilitate email communication and interaction between businesses (and organisations), and people who are interested in learning more about them. Do not email people who have not indicated their desire to be emailed by you, either by (a) directly joining your email list through your website or your store/office, or (b) opting in to a larger list devoted to a product or service you offer, a group to which your or your business belongs, or a topic of interest related to your business, your products or services. If at any time, we suspect that you or someone using your account is sending emails to people who did not choose to receive them or have indicated their desire to stop receiving them, we reserve the right to suspend or terminate your account.

Keeping Things Confidential

In creating your user account, you will provide a username (likely your email address) and a password (a string of between 6 and 15 characters known only to you) that controls access to your account and all related data. Remember that you are ultimately responsible for any and all activity carried out under your username and password. Thus, it is important that you maintain the confidentiality of your password. We do not have access to your password and will, if asked to do so, make a blind switch to a temporary password which you will then change to some new password that we still won't have access to.

We agree to hold your personal and account information in strict confidence. We do not share your information with outside companies or other Users. We do not rent or sell email lists to Users, and we do not rent or sell User email lists to anyone else. The only time we will ever share your information with an outside organisation is if (a) the outside organisation is processing your credit card to cover your use of your account (more on our secure transactions in our Privacy Policy), (b) the outside organisation is the government or other agency empowered to require us to divulge your personal or account information, or (c) we are sharing information about our user base, in which case we will only divulge general, aggregate (non-personally identifiable) information.

A List of Things Not To Do

The following list outlines many things, in addition to those already mentioned in this Agreement, that you are not to do while using your account and its related services. Doing any of these things may result in the suspension or termination of your account, without notice. It may also result in a rather harshly worded letter or email from us, the Company, stating in words tinged with disappointment and disbelief how we thought you were better than that. Do not make us write that letter.

It follows that, although we will not actively monitor the content you provide or distribute, we reserve the right to make sure you are complying with this list – and all of the terms set forth in this agreement – by inspecting your emails (both current and archived), your lists and your account information at any time, without notice. In turn, we agree to hold your personal and account information in strict confidence. (More on that in the 'Keeping Things Confidential' section.)

Things you agree not to do:

• Use your account to break any local, or international laws or regulations, including but not limited to those related to spamming, E-Commerce, obscenity, defamation or privacy.
• Use your account to encourage or facilitate any illegal activities.
• Use your account to spam or otherwise harass, threaten or embarrass the good people of the world.
• Remove or otherwise obscure any unsubscribe tools or information designed to allow those good people to stop receiving emails from you.
• Ignore the request of any email recipient who asks to be removed from your email list.
• Use your account to promote MLM (multi-level marketing) or Ponzi schemes.
• Use your account to unnecessarily promote the word Ponzi.
• Use your account to distribute illegal, pornographic or potentially harmful or offensive information, photos, software or materials, or include links to Web pages containing any such items. (We reserve the right to use our own judgment in determining what is offensive.)

Your Data, and Our Storage Thereof

Use of your account comes with a certain amount of data storage – typically unlimited storage for audience lists and either limited or unlimited storage of past mailing results, based on your subscription plan. We may set limits on how much information may be stored, and we may change those limits at any time. We will do our best to inform you ahead of time if new limits are about to be implemented, and when possible we will offer you the option to pay to maintain your current storage levels rather than lose any data. We are not responsible for the loss of any data in the event that you fail to request either more storage space or a transfer of existing data to another location and data is lost due to a change in limits or your exceeding the existing limits.

Payment for Services

Like most commercial services, your account is not free. Your use of your account will carry charges – typically a one-time setup fee and a recurring monthly rate based on a monthly subscription plan (we offer several), per-email volume or a combination of the two.

Like most commercial services, we ask that you, the User, pay us for your use of this service in a timely manner. Monthly fees are due at the time your account is first activated and on the monthly anniversary of that date going forward. If you're on a monthly subscription plan, on your monthly anniversary you will be billed for the following month's service, plus a fee for any emails sent in excess of the monthly maximum, for the previous month as stated in your subscription plan.

Payment for services shall be made by credit card. We accept several brands of credit card. Visa, MasterCard, American Express and Discover. Maybe a couple of others. You, the User, authorize us to charge your credit card for services on a monthly basis or on a per-event basis, whichever applies. All credit card transactions are handled through a secure HTTPS connection with a trusted third-party credit card processor. Lastly, like most commercial services, we reserve the right to suspend or terminate your account and all related data should you fail to pay for our services on time.

Termination

You, the User, may discontinue use of your account by indicating your desire to do so by letter, email or phone call. Your service will be terminated on the next monthly anniversary following notice of your intent to terminate. For instance, if your monthly anniversary is the 22nd, and you inform us on the 14th of your intention to terminate, your service will continue through the 21st and officially terminate on the 22nd. Use of your account requires no long-term contracts and therefore may be terminated at the end of any monthly billing cycle. However, keep in mind that by terminating your account you are also terminating any data currently stored for your account, including audience lists, email drafts, mailing response statistics and other general account information. Requests for termination may be emailed via our contact form.

Modifications to This Agreement.

We may, from time to time, edit, append or otherwise modify the terms of this Agreement. If we make changes, they will take effect as soon as we post them on the Internet. Your continued use of your account after such changes have been posted indicates your acceptance of those changes and agreement to abide by them. If you disagree with any changes made to this Agreement, you may terminate your use of your account following any of the instructions set forth in the aptly titled 'Termination' section above.

Warranties and Disclaimers

Your account and its related services are provided "as is," and we expressly disclaim all warranties or conditions of any kind (express, implied or statutory), including without limitation the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose. We will not be liable for any lost profits or special, incidental or consequential damages arising out of or in connection with the service or this Agreement.

In short, we can not and do not guarantee that the systemwill work in any particular way, nor can we guarantee that it will provide you with any particular result, like making you more money, increasing your customer base, improving your tennis skills, etc. You agree not to hold us liable, financially or otherwise, should we fail to perform these things that we cannot guarantee in the first place. In no event shall we be liable to you for any amount greater than the fees you have paid to us for the service over the previous two years.

To reiterate: You, the User, agree to indemnify and hold harmless our company, its officers, employees and business partners, from any claims arising from your use of the system.

MISCELLANEOUS

This Agreement says everything there is to be said about our relationship and your use of the site and, therefore, it supersedes any other agreement about those topics. You can't transfer any of your rights or responsibilities under this Agreement. We can transfer any of our rights and responsibilities under this Agreement.

We may send you any notice that is required by this Agreement or otherwise via email or regular mail or by posting the notice on this website. Any notice you send to us should be sent via our contact form.