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Terms and Conditions: |
| SITE OWNER AGREEMENT
AND SOFTWARE LICENSE TERMS |
Quick Email Marketing allows
businesses of all sizes to create and distribute their
own email campaigns. The service is intended for business
marketing purposes and may not be used for sending
unsolicited email, often referred to as “spam”.
Please review our Anti-Spam Policy for further details.
Outlined below are the terms and conditions for use
of all Quick Email Marketing services. You accept
all terms and conditions by clicking the ‘I
accept these terms and conditions’ button, or
by logging into your Quick Email Marketing account.
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| 1. Acknowledgements. Subject in each case to
the terms listed in the remainder of this Agreement, you
hereby acknowledge and agree that: |
- You will not use Quick Email Marketing to send unsolicited
email (spam).
- You will not use Quick Email Marketing for unlawful
purposes.
- Your use of the Service is subject to the Prohibited
Content and Commerce Statement.
- Once the free trial has ended, use of all services
will be subject to a monthly subscription fee.
- Quick Email Marketing will never use your subscriber
list or any relevant customer information for purposes
outside our service.
- You agree not to make use of any third party mailing
lists in preparing or distributing unsolicited email.
- You agree that only permission-based contact lists
will be used. Purchase lists may not be used.
- All email campaigns sent through Quick Email Marketing
must contains the link that allows recipients to remove
themselves from your mailing list.
- All requests to unsubscribe from your mailing lists
must be processed by you within 10 days.
- You will adopt and maintain the Email Privacy Policy,
which may be modified by Quick Email Marketing from
time to time.
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| 2. Services and Support |
| 2.1 The Services
are provided subject to this Agreement, as it may be amended
by Quick Email Marketing, and any guidelines, rules or
operating policies that Quick Email Marketing may establish
and post from time to time (the "Agreement"),
including without limitation Quick Email Marketing's Email
Privacy Policy, as linked from all email generated from
Quick Email Marketing or otherwise furnished to you (the
"Policy") (unless otherwise stated, all references
to the Agreement shall include the Policy). By posting
updated versions of the Agreement on the Quickemailmarketing.com
website, or otherwise providing notice to you, Quick Email
Marketing may modify the terms of the Agreement and may
discontinue or revise any or all other aspects of the
Services in its sole discretion. All such changes shall
become effective upon posting of the revised Agreement
on the Service or at Quick Email Marketing's website.
2.2 All Quick Email Marketing services
are only available to persons who can form legally binding
contracts under applicable law. If you are not legally
qualified, you are not permitted to use our services.
2.3 In order to make use of Quick
Email Marketing services, you must complete the registration
form on our sign up page. All information you provide
must be accurate, current and complete. You are responsible
for maintaining the security of your account, passwords
and any files.
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| 3. Free Trial, Fees and
Payment |
| 3.1 Once your
free trial has ended – or once you have exceeded
the 100 subscriber limit, you will be subject to a monthly
subscription fee. Access to the service will be restricted
until payment by credit has been made. 3.2
All fees will be billed monthly. We base our fees on
the highest number of subscribers in your account at
any time during the previous month. If selected by you,
you will also be billed for premium image hosting services.
It is your sole responsibility to review the Fee schedule
and to make yourself aware of all fees charged to you
by Quick Email Marketing. All fees and fee schedules
are subject to change at Quick Email Marketing’s
discretion. Quick Email Marketing will attempt to notify
your through email or our website prior to any change
to fees and the fee schedule.
3.3 All payments for services must
be made by a valid credit card. All fees are payable
in US dollars. If you have selected the monthly payment
option, of if you have provided your credit card for
payment, you hereby authorize Quick Email Marketing
to charge your credit card for such amounts on a regular
monthly basis beginning at the end of your free trial
period. If Quick Email Marketing is for any reason unable
to effect automatic payment via your credit card, Quick
Email Marketing will attempt to notify you via email
and your Quick Email Marketing account will be disabled
until payment is received. Amounts paid for the Services
are not refundable.
3.4 You agree and acknowledge that
you are responsible for paying all fees for email messages
sent through Quick Email Marketing, regardless of whether
delivery of such messages to their intended recipients
is prevented or blocked by any third party. |
| 4. Email, Image Hosting
& Permission Practices |
| 4.1 All message
sent through Quick Email marketing must feature a link
that allows recipients to remove themselves from your
mailing list, as well as a link to the current Email Privacy
Policy. All links must remain operation for thirty days
after the date in which the message was sent. You agree
that you will not remove or disable the link, or make
an attempt to do so. Doing so will be subject to termination
of your account. 4.2 All contacts,
whether imported or otherwise, must only be from permission-based
lists. You are not permitted to use purchased lists.
4.3 Quick Email Marketing features
a tool that allows you to request a recipient of your
email to confirm that they grant you permission to send
them emails. If you employ that tool, and the recipient
does not respond to your request for confirmation, you
agree that you will not send emails to them.
4.4 You are not permitted to send
mail to distribution lists, newsgroups or spam email
addresses. You may not copy any Quick Email Marketing
template or any other feature for use outside of Quick
Email Marketing.
4.5 All monitoring, correcting, and
processing of requests to unsubscribe must be processed
within 10 days of receiving the request.
4.6 Sometimes, emails sent through
our service may generate complaints from recipients.
We cannot disclose the email addresses of those who
complain about your email campaign. You are solely responsible
for ensuring that your campaigns do not generate a large
number of complaints that might be considered above
and beyond the industry norm. It is up to Quick Email
Marketing to deem whether the number of complaints is
considered excessive. Our decisions are final and binding.
4.7 All images on the Quick Email
Marketing site may only be used in connection with our
service.
4.8 You are responsible for complying
at all times with the Quick Email Marketing Prohibited
Content and Commerce Policy.
4.9 Quick Email Marketing, at any
time, and at its own discretion, may disable access
to our services without refund if Quick Email Marketing
believes in its sole discretion that you have violated
any of the email and permission practices listed above,
or the Quick Email Marketing Prohibited Content and
Commerce Policy.
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| 5. Restrictions and Responsibilities
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| 5.1 Quick Email
Marketing 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 unless required by
law. 5.2 This is an Agreement for
Services, and 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.
Unless you are an authorized Quick Email Marketing
Reseller, you may not display, copy, reproduce, or distribute
the Software, any component thereof, any documentation
provided in connection with the Services or the Software,
or any content, including but not limited to newsletters,
distributed to you by Quick Email Marketing in connection
with the Services. Violation of these restrictions may
result in the termination of this Agreement.
5.3 The Services shall be used for
your internal business (which includes civic or charitable)
purposes only, and you shall not use the Services or
any Software for timesharing or service-bureau purposes
or otherwise for the benefit of a third party. If you
are using the Services in any country in the European
Community, the prohibition against modifying, translating,
reverse engineering, decompiling, disassembling or creating
derivative works based on the Services or the Software
does not affect your rights under any legislation implementing
the E.C. Council Directive on the Legal Protection of
Computer Programs.
5.4 You acknowledge and agree that
the Services and the Quick Email Marketing company names
and logos and all related product and service names,
design marks and slogans, are the property of Quick
Email Marketing 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 Quick Email Marketing. Your use of the Services confers
no title or ownership in the Services, the Software
or the Marks and is not a sale of any rights in the
Services, the Software or the Marks.
5.5 You represent, covenant, and
warrant that you will use the Services only in compliance
with the Agreement, the federal CAN-SPAM Act of 2003
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 Quick
Email Marketing and its business partners, third-party
suppliers and providers, licensors, officers, directors,
employees, distributors and agents 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 the Services. In addition,
you acknowledge and agree that Quick Email Marketing
has the right to seek damages when you use the Services
for unlawful purposes, in an unlawful manner, and/or
in a manner inconsistent with the terms of this Agreement,
and that such damages may include, without limitation,
direct, indirect, special, incidental, cover, reliance
and/or consequential damages. Although Quick Email Marketing
has no obligation to monitor the content provided by
you or your use of the Services, Quick Email Marketing
may do so and may remove any such content or prohibit
any use of the Services it believes may be (or is alleged
to be) in violation of the foregoing.
5.6 The Services may only be used
for lawful purposes. Transmission or solicitation of
any material that violates United States federal, state
or other laws that may apply in this jurisdiction or
your local area is prohibited. For details, see Quick
Email Marketing's Prohibited Content and Commerce Statement,
the terms of which are incorporated into this Agreement
by reference.
5.7 All email message sent through
our services may incorporate a footer stating “"Powered
by Quick Email Marketing" or a similar message.
You agree to cooperate with and provide reasonable assistance
to Quick Email Marketing in promoting and advertising
the Services.
5.8 In using the varied features
of the Services, you may provide information (such as
name, contact information, or other registration information)
to Quick Email Marketing. Quick Email Marketing 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 Marketing
Partner of Quick Email Marketing, Quick Email Marketing
may share your information with the Marketing Partner
and the Marketing Partner may share information with
Quick Email Marketing. Quick Email Marketing will not
provide information to companies you have not authorized
for that purpose unless required by law or if you are
terminated from Quick Email Marketing due to unsolicited
commercial email being sent from your Quick Email Marketing
account.
5.9 Discounts are often available
through our marketing partners. However, they may no
longer be available should you cease to be a customer
of the marketing partner, in which case our standard
rates will apply.
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| 6. Termination |
| 6.1 If you wish
to terminate this agreement, you may do so at any time
by calling our customer support department. No refunds
will be granted for any funds paid. 6.2
Quick Email Marketing reserves the right to terminate
this agreement or any services, disable your account,
or put your account in inactive status at any time without
cause or notice. Quick Email Marketing shall have no
liability to you or any third party because of such
termination or action.
6.3 Quick Email Marketing will delete
any of your archived data within 30 days after the date
of termination. After termination, you are required
to process all unsubscribe requests within 30 days of
your last email campaign. Quick Email Marketing will
provide upon request the list of unsubscribe requests
from your last campaign. All sections of this Agreement
that by their nature should survive termination will
survive termination, including, without limitation,
ownership, warranty disclaimers and limitations of liability.
6.4 If your account is classified
(at Quick Email Marketing's sole discretion) as inactive
for over 120 days, Quick Email Marketing has the right
to permanently remove your subscriber data. Quick Email
Marketing will attempt to contact you via email prior
to taking any permanent removal actions.
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| 7. 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.
QUICK EMAIL MARKETING 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 QUICK EMAIL MARKETING 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 Quick Email Marketing to use commercially
reasonable efforts to adjust or repair the Services.
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| 8. Limitation of Liability
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| TO THE MAXIMUM EXTENT PERMITTED
BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
TORT, CONTRACT, OR OTHERWISE, SHALL QUICK EMAIL MARKETING
OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS,
INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS,
DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY
REFERRED TO FOR PURPOSES OF THIS SECTION AS "QUICK
EMAIL MARKETING") BE LIABLE TO YOU OR ANY OTHER PERSON
FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES,
EVEN IF QUICK EMAIL MARKETING 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, QUICK EMAIL MARKETING 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 QUICK EMAIL MARKETING TO YOU WILL BE LIMITED TO THE
AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION
MAY NOT APPLY TO YOU. |
| 9. Export of Services or
Technical Data |
| You may not remove or export from
the United States or allow the export or re-export of
the Services, or any direct product thereof, including
technical data, in violation of any restrictions, laws,
or regulations of the United States or any other applicable
country. |
| 10. Miscellaneous |
| 10.1 If any provision
of the 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.
10.2 Quick Email Marketing and you
agree that the 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, and
that all waivers and modifications must be in a writing
signed by both parties, except as otherwise provided
herein. 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.
10.3 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 Quick Email Marketing in any respect whatsoever.
10.4 In any action or proceeding
to enforce rights under the Agreement, the prevailing
party will be entitled to recover its costs and attorneys'
fees.
10.5 The Agreement shall be governed
by the laws of the Commonwealth of Massachusetts, USA
without regard to its choice or law or conflict of laws
provisions. All legal actions in connection with the
Agreement shall be brought in the state or federal courts
located in Boston, Massachusetts.
10.6 Quick Email Marketing is a trade
name of (Salony Creations)
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