Quick email marketing® is a product of Salony Creations
 

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.

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.
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.

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.

5. Restrictions and Responsibilities
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.

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.

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.

8. Limitation of Liability
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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