Email
Marketing Services Terms and Conditions
This Agreement ("Agreement") contains
the complete terms and conditions that apply to
your use of the SpinnerMail® Email Marketing
Services (the "Services"). As used in
this Agreement, "SpinnerMail®",
"we", "us", or "our"
refers to SpinnerMail®. and "you"
or "your" refers to the person who sends
one or more emails using the Services, and performs
the administrative functions of the Service. The
Services are offered to you conditioned on your
acceptance without modification of this Agreement.
Your use of the Services constitutes your acceptance
to this Agreement.
Modifications of Terms and Conditions
We may modify any of the terms and conditions
contained in this Agreement, at any time and in
our sole discretion, by posting a change notice
or a new agreement on our Website located at www.spinnermail.com
. You are responsible for regularly reviewing
these terms and conditions. Continued use of the
Services after any modification shall constitute
your consent to such modification.
Limitations On Use
You agree that you have the full authority and
right to enter into this Agreement and that you
are at least 18 years of age. You also agree that
you will not use the Services to transmit, disseminate
or upload:
- Unlawful, harassing, libelous, tortuous, abusive,
threatening, or obscene communications of any
kind.
- Materials that infringe or violate any third
party's copyright, trademark, trade secret,
privacy or other proprietary or property right,
or that could constitute a criminal offense,
give rise to civil liability or otherwise violate
any applicable law or regulation.
- Objectionable materials, including without
limitation, content that contains blatant bigotry,
racism, or hatred, or that promotes illegal
activities or physical harm against anyone.
- Spam, chain letters, junk mail or any other
type of unsolicited mass e-mail to people or
entities who have not agreed to be part of such
mailings.
- Viruses or other harmful, disruptive or destructive
files.
- Content containing nudity or pornographic
material of any kind to people under age 18,
or to anyone on lists that are not limited to
people age 18 or older.
Term of the Agreement
The term of this Agreement will begin upon your
first use of the Services and will end when terminated
by either you or us as described herein. We may
terminate this Agreement at any time, with or
without cause, and with or without notice. In
the event that you would like to terminate this
Agreement, you will need to send such notice of
termination via email to SpinnerMail®. Your
termination of the Agreement will be effective
upon the last day of the month in which we received
such notification.
SpinnerMail® Email Marketing
Communication
We shall have the right to communicate with you
via email, receipt of which by you is considered
by SpinnerMail® essential to our provision
of service. You may unsubscribe from such communication
at any time.
Disclosure of Information
We will not disclose personally identifiable
information about you or your private communications
(i.e., content transmitted on private, non-public
lists) to third parties, without your permission,
unless we believe such disclosure is reasonably
necessary to: (1) comply with the law or legal
process; (2) protect or defend our rights or property
or that of others; (3) enforce this Agreement;
(4) respond to claims that the contents of any
communications violate the rights of others; or
(5) as otherwise provided in the Agreement. From
time to time, we will disclose aggregate user
demographic data to third parties. We may access
your Lists and related communications for technical
processing and to address technical problems or
service complaints.
Proprietary Rights
We will not sell, trade, rent, lend or give email
addresses that you supply us to anyone else for
any purpose, nor will we use the addresses you
supply us for any purpose other than supplying
the Services to you. It is understood that it
is possible that some of the addresses you supply
us may already be on lists that we own and that
we have the right to mail to such addresses.
We do not claim ownership of the materials you
provide to us for purposes of using the Services
and which were created by you or on your behalf.
By transmitting such materials for distribution
to your Lists, you grant us a worldwide, royalty-free,
and non-exclusive license to reproduce, modify,
adapt and publish such materials solely for the
purposes of providing the Services to you.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. YOU EXPRESSLY
AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, WE DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WE DO NOT MAKE ANY WARRANTY THAT THE SERVICES
WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED;
NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES
OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH USE OF THE SERVICES. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE
ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU.
Limitations of Liability
Without limiting any of the foregoing, we are
not responsible for any of your materials and
data residing on our network hardware. You are
responsible for backing-up your materials and
data that may reside on our network hardware,
whether or not such materials and data are produced
through the use of the Services. It is your responsibility
to take the necessary steps to ensure your primary
means of business is maintained. In no event will
we be liable to you for more than the actual dollar
amount that you paid for the use of the Services
during the term of this Agreement.
Indemnification
You agree to indemnify, defend and hold harmless
SpinnerMail®, its parents, subsidiaries, affiliates,
officers, directors, employees, agents, and suppliers,
and their respective affiliates, officers, directors,
employees, and agents, from any claim, action,
demand, or damage, including reasonable attorney's
fees, made by any third party arising out of or
related to your use of the Services or your violation
of this Agreement, including without limitation
the infringement by you or any other user of your
account, of any intellectual property or other
right of any person or entity. We may, at our
sole discretion, assume the exclusive defence
and control of any matter subject to indemnification
by you. The assumption of such defence or control
by us, however, shall not excuse any of your indemnity
obligations. |
