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| Our Terms and Conditions
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Terms and Conditions. |
ItsInTheMail - SITE OWNER AGREEMENT AND SOFTWARE LICENSE TERMS Before using ItsInTheMail website it is your responsibility to read our Privacy Policy and to notify us in the a manner set out in the Privacy Policy if you do not want us to collect information about you, and reject any cookies in the manner set out therein. Remember you always have the freedom to turn off the cookies or close the browser window.
Use of ItsInTheMail Website and Services.
Through ItsInTheMail (the "Services") we provide web site operators a variety of tools and resources to collect visitor email addresses and to create, launch, and manage online marketing campaigns. The Service may not be used for the sending of unsolicited emails or sms messages (sometimes called "spam"). See our Anti-Spam Policy.
By clicking the 'I accept these terms and conditions' button and purchasing a subscription to GraphicMail, you accept these terms and conditions.
1. Services, support and discretion. All such changes shall become effective upon posting of the revised Agreement on the Services
1. 2 Its ItsInTheMail services are available only to persons who can form legally binding contracts under applicable law. If you do not qualify, please do not use the Services.
1. 3 ItsInTheMail services enable corporate web sites, small business web sites, and community sites to execute email marketing communications with visitors and to sign up web site visitors and collect and retrieve visitor sign-up data.
1. 4 ItsInTheMail services will be subject to monthly subscription fees ("Paid Services") once you have completed your free trial period or have exceeded the free subscriber limit. The subscriber limits of the free trial are subject to change at any time. You will be notified via email of the completion or termination of your free trial period and may purchase, in advance, a monthly subscription for Paid Services. Access to the Services will be disabled until payment is received. Paid Services are billed monthly, in advance, according to the Fee Schedule provided to you by eMail Logics Inc. The Fee Schedule, including subscriber levels and prices, are subject to change at any time.
1. 5 You must complete the registration form on the Sign Up page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. As part of the registration process, you will identify an email address and password for your ItsInTheMail account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name. ItsInTheMail reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
1. 6 You will be billed monthly for Services. Payment for Services will be made by a valid credit card accepted by ItsInTheMail . You hereby authorize ItsInTheMail to charge your credit card for such amounts on a regular basis, but generally on the first day of each month. Fees are payable in AU dollars. If ItsInTheMail is for any reason unable to effect automatic payment via your credit card, you will be notified via email and your ItsInTheMail account will be disabled until payment is received. Monthly pricing may vary based upon subscriber count or emails sent, you are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by ItsInTheMail.
2. Restrictions and Responsibilities
2. 1 This is an Agreement for ItsInTheMail Services. You are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
2. 2 You acknowledge and agree that the Services and the ItsInTheMail company names and logos and all related product and service names, design marks and slogans, are the property of ItsInTheMail or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of ItsInTheMail . Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in ItsInTheMail or its third party suppliers, as the case may be.
2. 3 You acknowledge and agree that ItsInTheMail company names and logos and all related product and service names, design marks and slogans, are the property of ItsInTheMail or its affiliates or suppliers. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of ItsInTheMail . Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks.
2. 4 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement, the Australian Spam Act, the US CAN-SPAM Act the European Privacy Directive, taking into account the Global Spam Acts and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless ItsInTheMail services against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of ItsInTheMail . Although ItsInTheMail has no obligation to monitor the content provided by you or your use of the Services, ItsInTheMail may do so and may remove any such content or prohibit any use of ItsInTheMail it believes may be (or is alleged to be) in violation of the foregoing.
2. 5 Every email message sent via ItsInTheMail must contain an "unsubscribe" link that allows visitors to remove themselves from your mailing list. You agree that you will not remove, disable or attempt to remove or disable either link. ItsInTheMail may immediately disable your access to GraphicMail if you violate this restriction.
2. 6 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates Australian Federal Law, European Community or United States federal, state or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libellous, or in any way a violation of intellectual property laws or a third party's intellectual property rights.
2. 7 For every email message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating "SORTED and POWERED by ItsInTheMail or a similar message. You agree to cooperate with and provide reasonable assistance to ItsInTheMail in promoting and advertising ItsInTheMail unless previous arrangements have been agreed.
2. 8 ItsInTheMail Services will not share information you may upload (such as email addresses, name, contact information, or other registration information) to ItsInTheMail . We may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. If you licensed the Services as a result of solicitation by a Reseller of ItsInTheMail , ItsInTheMail may share your information with the Reseller.
2. 9 ItsInTheMail will not use your customer list or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties. ItsInTheMail will not use your customer information for the purpose of sending unsolicited commercial e-mail what so ever.
2. 10 You will adopt and maintain the Email Privacy Policy and the Anti-Spam Policy, which may be modified by ItsInTheMail from time to time.
3 Termination
3. 1 You may terminate this Agreement at any time by sending an email message to support@itsinthemail.com.au or by sending written notice to 'ItsInTheMail, PO BOX, 543, Alexandria, NSW Australia 2015.
3. 2 ItsInTheMail may immediately terminate this Agreement and suspend access to our Services without refund if you are in violation of any of terms outlined in Section 2. Restrictions and Responsibilities.
3. 3 ItsInTheMail will delete any of your archived data within 30 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
3. 4 If you do not log into your account for more than 90 days, the account will become inactive. When an account is classified as inactive, ItsInTheMail will notify you by email.
3. 5 ItsInTheMail refund policy is as a 60 day free trial is extended to all who sign up for our services to fully trial and utilise the application service, and as cancellation immediately negates our "Future Pay" contract no refund will be forthcoming. For customers who have signed up on one of our 6 month or yearly options, refunds will depend on volumes of emails sent and contract time fulfilled.
4. Warranty Disclaimer Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. ItsInTheMail DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND ItsInTheMail DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for ItsInTheMail to use commercially reasonable efforts to adjust or repair the Services.
5. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ItsInTheMail OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "ItsInTheMail ") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF QUATTRO WEB SOLUTIONS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, ItsInTheMail IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF QUATTRO WEB SOLUTIONS TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
6. Miscellaneous
6. 1 If any provision of the Agreement is found to be unenforceable or invalid, that will not prejudice or effect all other terms of this Agreement from remainiung in full force and effect.
6. 2 This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement. Any waivers and modifications must be in a writing an signed by both parties. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
6. 3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind ItsInTheMail in any respect whatsoever.
6. 4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
6. 5 The Agreement shall be governed by the Federal Laws of Australia without regard to its choice or law or conflict of laws provisions.
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