End User Agreement for BonusMail MailshotPro
NB: By agreeing to our End User Agreement you are agreeing to the following:
- You agree that all mailing lists uploaded into BonusMail will be permission-based and you will never use purchased or rented list(s) within BonusMail.
- You can cancel your account at anytime and for any reason and billing for your account will immediately cease, however you will not be entitled to a refund for billing periods already invoiced.
- BonusMail provides the end user with tools to collect visitor email addresses and to create, launch, track and manage email marketing campaigns. This service may not be used for the sending of unsolicited email or "spam". See our Anti-Spam Policy.
The following are the terms and conditions for use of BonusMail Services.
By clicking the 'I accept these terms and conditions' button on the sign-up page, you are indicating your acceptance of the terms and conditions set out below.
1. BonusMail Services and Support
1.1 The Services BonusMail provides are subject to this Agreement. By posting updated versions
of this Agreement on the BonusMail website, BonusMail may modify the terms of this Agreement and may discontinue or revise any aspects of their Services. All such changes will become
effective from the date of posting of the revised Agreement on the website.
1.2 You must be 18 years of age or over to sign up for a BonusMail account.
1.3 The BonusMail Email Newsletter system is subject to subscription fees. At the end of your free trial period, you will be notified via email of the completion of your trial period and invited to
purchase an annual subscription for BonusMail services. Access to the Bonusmail Services will be disabled until payment is received. The Fees for BonusMail membership, are subject to change at any time. Amounts paid for the services are not refundable.
1.4 In order to use the Bonusmail Services, you must complete the registration form on the
sign-up page. You are obliged to provide accurate information on the registration form, and supply an email address for your BonusMail account. It is your responsibity to keep your account, passwords, and files secure, and to use your BonusMail account and services in accordance with all our terms and conditions.
1.5 You must restrict the number of subscribers on your mailing lists to the level agreed for the Bonusmail Package you purchase. If you exceed the agreed subscribers limit, sending will be disabled until you reduce the number of subscribers or upgrade to a higher plan. You will not be entitled to a refund for the period that the account is inactive.
1.6 BonusMail cannot be held liable for the non-delivery of any emails you send. By signing up to our end-user agreement, you acknowledge that, from time to time, delivery of email messages may be blocked or fail to reach their destination. By agreeing to these terms and conditions, you agree that you are responsible for paying fees for all email messages sent through BonusMail, regardless of whether delivery of such messages is prevented or blocked by any third party. You are responsible for monitoring, correcting and updating the email addresses to which messages are sent through your BonusMail account.
2. Restrictions and Responsibilities
2.1 This is an Agreement for Services, and this Agreement does not grant you a license to any software used by BonusMail . You are not entitled, either directly or indirectly to decompile, or otherwise attempt to discover the source code, object code or underlying structure of the Services or software, or data related to the Services; nor are you entitled to remove any proprietary notices
or labels from the Services or Software, or to modify the Services or Software;
You are prohibited from copying, distributing, or otherwise transfering rights to the Services or Software. The Services shall be used for your own business purposes only and you shall not use the Services or any Software for bureau purposes or otherwise for the benefit of a third party.
2.2 You agree that the Services and BonusMail logos and all related service names and design trademarks, are the property of BonusMail. Your use of the BonusMail Services does not confer
title or ownership in the Service, the Software or the logos and is not a sale of any rights in the Service, the Software or the trademarks. All ownership rights remain in BonusMail.
2.3 You agree that you will use the Services only in compliance with this Agreement. You agree you will not access or otherwise make use of third party or purchased mailing lists when using the BonusMail Services. You hereby agree to indemnify and hold harmless BonusMail against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable solicitors' 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.
BonusMail has no obligation to monitor the content provided by you in your emails or your use of the Services, but may choose to do so and BonusMail has the right to remove any content or deny use of the Services if it believes the user to be in violation of the foregoing.
2.4 Every email message sent in using the BonusMail Services must contain an "unsubscribe" link that permits visitors to remove themselves from your mailing list. You agree that you will not remove, disable or attempt to remove or disable unsubscribe link.
You agree to only make use of permission-based lists and not to use purchased lists. You agree not to mail to distribution lists, newsgroups, or spam email addresses.
You are prohibited from copying a BonusMail template and using the design for purposes other
than sending emails from BonusMail.
2.5 The Services may only be used for lawful purposes. See Bonusmail's Prohibited Content Statement for details.
2.6 You agree that every email message sent in connection with the Services,will automatically
add an identifying footer stating "Powered by BonusMail" or a similar message. This link may not be removed.
2.7 In using the BonusMail Services, you may provide information (such as name, contact information, or other registration information) to BonusMail. You agree that BonusMail may use this information to contact you.
2.8 BonusMail will not make use of 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 third parties or sending unsolicited commercial e-mail.
2.9 We have a zero-tolerance spam policy. Your account will be immediately terminated if you
send Spam. Please see the Anti-spam Policy for a definition of spam and for further details. By ticking the "I agree to the Anti-spam Policy" you are agreeing to abide by the terms therein.
3.1 Term of Agreement. This Agreement commences on the date your services initially began and continues until you terminate as defined in section 3.2.
3.2 Termination. You may terminate this Agreement at any time by contacting BonusMail. Termination of this agreement will result in termination of BonusMail Services to you, the end user.
BonusMail may terminate this Agreement or the Services at any time with or without cause, and with or without notice. BonusMail shall have no liability to you, the end user or to any third party because of such termination.
3.3 Outstanding Fees. Termination shall not relieve Customer of the obligation to pay any fees due to BonusMail prior to the effective date of termination.
3.4 Customer Data. After termination, BonusMail shall have no obligation to maintain or provide any Customer Data and may, at its sole discretion, thereafter delete all such data from its systems
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 solely at your own risk.
BonusMail does not guarantee that the services will be uninterrupted or free from error; nor does it make any guarantee as to the results that may be obtained from use of the Services. Your sole and exclusive remedy for any failure or non-performance of the Services shall be for BonusMail 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 contract, or otherwise, shall BonusMail be liable to you, the end user or any other person for any money damages, whether direct, indirect, special, incidental, cover, reliance or consequential damages, even if BonusMail 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, BonusMail is found liable to you for damages from any cause whatsoever, and regardless of the form of the action, the liability of BonusMail to you will be limited to the amount you paid for the service.
6. . Miscellaneous
6.1 BonusMail and you, the end user, agree that 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, 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.
6.2 No agency, partnership, joint venture, or employment is created as a result of this Agreement.