SITE OWNER AGREEMENT AND EMAIL MARKETING SOFTWARE LICENSE TERMS

All users shall abide by, follow, and observe the following terms and policies in order to access ClickDotMailer and its service. The following serve as our terms of use that govern our relationship with all ClickDotMailer users. When accessing ClickDotMailer service, you agree to all terms and policies of this service. Your access to, and use of, the service are conditioned on your acceptance of, and compliance with, the following terms and policies. ClickDotMailer is entitled to a form of relief or remedy in the instance that any user breaches these terms and policies. If any user breaches any part of these terms and policies, ClickDotMailer reserves the right to suspend, terminate, and/or warn your account without notice or refund. Upon such suspension, termination and/or warning, ClickDotMailer does not assume any liability or responsibility to you or any third-party.

ClickDotMailer reserves the right to add, change, discontinue, modify, remove, or suspend the service for any reason, with or without notice. The following terms and policies constitute the entire agreement between you and ClickDotMailer and supersede any and all previous terms of use agreements, written or oral, between you and ClickDotMailer.

I. General Terms And Policies

  1. ClickDotMailer offers e-mail marketing for companies.
  2. ClickDotMailer reserves the right to refuse service to any company, at any time, with or without notice.
  3. Your login may only be used by your company.
  4. You are responsible for maintaining the security of your account and password.
  5. All user accounts become property of ClickDotMailer.
  6. Users may request for account cancellation at any time.
  7. You are solely responsible for properly canceling and deleting your account. An email, phone call or a support ticket request is required.
  8. All user content may be immediately deleted from the service upon cancellation. This information may not be recovered once your account is cancelled. ClickDotMailer may choose to not to delete user content and may take your account on hold instead.
  9. You shall not use the service for any illegal or unauthorized purpose.
  10. You shall not violate any laws in your jurisdiction (including but not limited to copyright laws).
  11. All users must obey all laws, regulations, and rules that are applicable in their jurisdictions regarding the access of this site and the service it offers.
  12. ClickDotMailer is not liable for any damage or loss, due to your actions or third party actions.
  13. ClickDotMailer makes no guarantee of the accuracy, correctness, or completeness of any information on these web pages, surveys, databases, or results.
  14. ClickDotMailer is not responsible for any errors or omissions arising from the use of these web pages, surveys, databases, or results; any failures, delays, or interruptions in the delivery of any content or services contained on our servers; or losses or damages arising from the use of the content or services provided by ClickDotMailer.
  15. You agree to indemnify ClickDotMailer against any and all claims and expenses, including attorneys’ fees, arising from the use of this service. This expressly includes your responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and any libelous or unlawful material contained within your survey.
  16. This agreement is subject to the laws of the State of Maharashtra. User agrees to waive questions of jurisdiction and venue and agrees that all disputes brought by User shall be in the courts of Mumbai, Maharashtra.

II. Free Trials, Payments, Refunds, Upgrading, Downgrading

  1. You may have the option of utilizing the Free Trial offer to test the service. Free Trial is valid for a limited duration of time from the date that the account is created. After the Free Trial period expires, you can upgrade to a ClickDotMailer paid plan. You will be billed your first month of service immediately after upgrading your account.
  2. When you create a Free Trial account, ClickDotMailer checks your email content and contact lists with its propriety algorithms and may decide to terminate your Free Trial period early and put your account on hold or cancel or delete it completely.
  3. If you create multiple accounts in order to take advantage of the Free Trial offer, ClickDotMailer reserves the right to terminate and/or assign a penalty of the service level fee that corresponds to the number of unique contacts you emailed within your billing cycle.
  4. After upgrading to a paid plan, you can request a partial refund after 30 days from activating the paid plan. A refund will be calculated by the remaining days in that billing period. If your email campaign receives 0.1% (point one percent) or higher regarding spam complaints, you will not be eligible for any refund.
  5. You may purchase either a paid plan which is billed monthly, or you may purchase a Pay-As-You-Go plan which entails buying sending credits and using those credits for your company purposes. Pay-As-You-Go credits may expire if unused in 1 (one) year.
  6. When you purchase a Pay-As-You-Go plan, the sending credits you have purchased are valid for 1 (one) year after the purchase date. There will be no refund for an account cancelled due to the violation of the terms of use.
  7. The service is billed in advance on a monthly or annual basis, depending upon the plan you purchase and is non-refundable.
  8. Credits are not available for partial months of service. ClickDotMailer will not make exceptions.
  9. Refunds are not available for partial months of service, upgrades/downgrades, or for months unused with an open account. ClickDotMailer will not make exceptions.
  10. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  11. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
  12. ClickDotMailer reserves the right to change its pricing upon 30 days’ notice. Fee change notices may be posted as an email or on the website.
  13. If you cancel the service before the end of your current paid up month, your cancellation will take effect at the end of your billing cycle and you will not be charged again.

ClickDotMailer reserves the right to not offer the Free Trial period in certain countries. ClickDotMailer may provide its service through local dealers in certain countries. Terms and conditions of using this service may vary country to country depending on where the service is accessed, including, but not limited to, pricing, taxes, Free Trials, subscription plans, refunds, methods of payment, credits, upgrades, downgrades, etc.

III. Anti-SPAM Policy

  1. ClickDotMailer expressly forbids SPAM (the sending of unsolicited e-mail to parties unknown to the sender). ClickDotMailer has a zero tolerance SPAM policy. Any user found to be using ClickDotMailer for SPAM will have their account subject to immediate termination.
  2. ClickDotMailer may only be used in connection with e-mail lists for which recipients have voluntarily registered. Using ClickDotMailer to send e-mail to an address you obtain without the consent of such addressee is a violation of the ClickDotMailer Terms of Use.
  3. You may not import any e-mail addresses to your list that have not chosen to receive your mailings. You may only send e-mail to customers that have willingly signed up to receive your mailings. If ClickDotMailer receives complaints about your list, your account is subject to immediate termination.
  4. You may not send e-mails under any company or organization name other than your own and/or with fraudulent header or source information.
  5. ClickDotMailer cannot and does not, monitor, censor or edit the contents of email messages sent using our system.
  6. Users alone are responsible for the contents of their messages and the consequences of any such messages.
  7. ClickDotMailer does not assume any responsibility or liability for messages or other content that is created by users.
  8. You may not send, post, distribute or disseminate any defamatory, obscene, or otherwise unlawful messages, material or information, including another person’s proprietary information (including trademarks, trade secrets, or copyrighted information) without express authorization from the rights holder.
  9. ClickDotMailer will cooperate with legal authorities in releasing names and IP addresses of users who are involved in SPAM or other illegal activities.
  10. If you are found to have sent SPAM, ClickDotMailer has the right to suspend or terminate your account and refuse any and all current or future use of the service, or any other ClickDotMailer service. Such termination of the service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account.

IV. Prohibited Behavior

Service may be refused to any user who participates in, or performs, any of the following actions, which may lead to immediate account termination and/or legal action against the user:

  • Abuse email contacts
  • Abuse ClickDotMailer customers, employees, members or officers physically, verbally, or in writing
  • Attempt to disrupt network services or services of external networks using the service (DoS attacks, computer virus distribution, transmission of software or application containing features harmful to any network, etc.)
  • Attempt to gain unauthorized access to any network
  • Attempt to gather third party personal information without consent
  • Behave in any inappropriate or illegal activities that violate local, state, federal, or international law
  • Create more than one Free Trial account in order to exploit the system
  • Disclose login details of another user
  • Encourage or facilitate violations of these terms and policies
  • Exploit alleged loopholes in the service to gain unfair advantage over users
  • Exploit ClickDotMailer’s service agreement by systematically uploading and deleting contacts in order to send to more unique email addresses than you’re permitted for your service level
  • Hack user accounts
  • Impersonate other users
  • Infringe upon or violate rights of users
  • Post malicious content (alcohol-related, a virus, porn, violence, etc.)
  • Post or disseminate illegal material (child pornography, obscene material, etc.)
  • Provide false information
  • Publicize private information of users
  • Send copyright violated content
  • Share login information with other businesses in order to use one account for multiple companies
  • SPAM (automated, third party, or other programs that intercept the service, etc.)
  • Transmit nudity
  • Use offensive, racial, or sexual language
  • Use network infrastructure and service in a manner that puts an excessive burden on the limitations of the network
  • Violate intellectual property rights of the site, its users, or any other entity, company, business, group, organization, or individual that is mentioned, represented, referred to, discussed, or otherwise alluded to

V. Title and Intellectual Rights

  1. So long as user is in compliance with these terms and policies, including, but not limited to, payment for the service, all rights, title, and interest to any and all work produced and created by user pursuant to or in connection with the use of the service shall vest in the user.
  2. If user is in breach of these terms and policies, the user is not, and will not be, entitled to any intellectual property rights until such breach is remedied.