BY USING OUR PRODUCT, YOU INDICATE YOUR ACCEPTANCE OF TERMS HEREUNDER AND CONDITIONS OF USE.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN DO NOT USE THIS PRODUCT.
Provider means the provider of the email software (Products), namely Narragansett Technologies, Lonsdale House, National Technology Park, Limerick, Ireland.
Subscriber is a person or business who has explicitly opted-in to receive your communications.
Data protection legislation means the appropriate legislation for your country or the country of your subscriber. EG in the US, CAN-SPAM ACT 2003, Europe EC Directive 2003/58/EC, UK SI3429, Ireland SI526 etc.
The Products may not be used for the sending of unsolicited email.
The Products may only be used for lawful purposes.
You agree you will not access or otherwise use third party mailing lists or otherwise prepare or distribute unsolicited email, in connection with the Products.
You agree to import, access or otherwise use only lists for which all listed parties have consented to receive correspondence from you ("Permission Based Lists") in connection with your use of the Products.
You acknowledge and agree that not all email messages sent through use of the Products will be received by their intended recipients.
Every email message sent by you in connection with the Products must contain the "unsubscribe" link that allows the recipient to remove themselves from your mailing list.
You will comply with the restrictions on content of email messages and activities using the Products as set forth or referenced in this Agreement.
You acknowledge and agree that you are the sole or designated "sender" (as such term is defined in the Data protection legislation and any rules adopted under such act) of any email message sent by you using the Products.
You agree that the "from" line of any email message sent by you using the Products will accurately and in a non-deceptive manner identify your organization, your product or your service.
You agree that the "subject" line of any email message sent by you using the Products will not contain any deceptive or misleading content regarding the overall subject matter of the email message.
You agree to include in any email message sent by you using the Products your valid physical address.
If you are accessing or using the Products through a third party service or web site ("Third Party Service"), you will abide by these Terms and Conditions of Use regardless of anything to the contrary in your agreement with such third party. You shall not use such Third Party Service to avoid the restrictions set forth in these Terms and Conditions of Use.
Subscriber Opt Out. Every email message sent in connection with the Products must contain an "unsubscribe" link that allows subscribers to remove themselves from your mailing list. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link. You shall monitor and process unsubscribe requests received by you directly within 10 days of submission, and update the email addresses to which messages are sent through your Provider account. Under the Data protection legislation, you acknowledge that you are responsible for maintaining and honouring the list of unsubscribe requests following termination of your account and this Agreement.
You agree to import, access or otherwise use only Permission Based Lists in connection with your use of the Products. You hereby covenant that you shall not use any other lists in connection with your use of the Products. If you have used the Provider feature that allows you to request a recipient to confirm that you have his or her permission to send emails to him or her, and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send emails to that recipient. Without limiting the foregoing, you agree that you shall not utilise the Product to send any commercial electronic mail message (as that term is defined in the Data protection legislation) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting. You cannot mail to distribution lists, newsgroups, or spam or unsolicited email addresses. You cannot copy a Provider template or any other features or functionality from the Products and use them for any purpose other than sending email messages from the Products. Emails that you send through the Product may generate spam complaints from recipients. As a matter of privacy, Provider cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of spam complaints in excess of industry norms (0.1% - One per thousand emails sent), and do not generate a number of hard bounces in excess of industry norms (5%), and do not generate a number of opt outs in excess of the industry norms (1%). Provider, in its sole discretion, shall determine whether your level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. Provider will terminate your use of its Products if Provider determines that your level of spam complaints is higher than industry norms.
For every email message sent in connection with the Products, you acknowledge and agree that Provider may add an identifying footer stating "Powered by SpinnakerPro" or similar message.
Images hosted by Provider controlled servers may only be used in connection with the Products and for no other purpose whatsoever. To the extent you use images provided by Provider, Provider hereby grants to you a limited, non-exclusive, non-transferable sublicense to use the images in an unaltered state solely in connection with your use of the Products.
Provider prohibits the use of the Products or web site by any person or entity that:
a) Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video and software; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
b) Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.
c) Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers, DJ/nightclub, event/club promotions/party lists, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing and college and pro sporting events.
d) Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
e) Posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in the case of a minor).
f) Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
g) Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
h) Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting "get rich quick", "build your wealth" and "financial independence"offerings.
i) Engages in any libellous, defamatory, scandalous, threatening, harassing activity.
j) Posts any content that advocates, promotes or otherwise encourages violence against any governments, organisations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
k) Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.
Provider, at its own discretion, may immediately disable your access to the Products without refund if Provider believes in its sole discretion that you have violated any of the policies listed above or elsewhere in this Agreement.
Account Credit status. Your account must be in credit to create a broadcast. Failure to make payment on overdue amounts will result in account termination or restriction.
2. Restrictions and Responsibilities
This is an Agreement for services and access to this web site, 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 Products or any software, documentation, or data related to the Products ("Software"); remove any proprietary notices or labels from the Products or any Software, modify, translate, or create derivative works based on the Products or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Products or any Software.
Unless you are an authorised reseller of the Products, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Products or the Software, or any content, including but not limited to newsletters, distributed to you by Provider in connection with the Products. Violation of these restrictions may result in the termination of this Agreement.
3. Permitted Use: The Products shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Products or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Products in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software or Products, then you hereby covenant that, prior to engaging in such activities, you will first request that Provider perform such work at its standard professional services rates. Provider can then decide either: (i) to perform the work in order to achieve such interoperability and charge its then standard rates for such work to you; or (ii) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability or (iii) provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities despite a contractual prohibition on such activities.
4. Compliance:You shall use the Products only in compliance with this Agreement, the Data protection legislation and regulations thereunder and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation, copyright and trademark infringement and child protective email address registry laws). Although Provider has no obligation to monitor the content provided by you or your use of the Products, Provider may do so and may block any email messages, remove any such content or prohibit any use of the Products that Provider believes may be (or is alleged to be) in violation of the foregoing.
5. Indemnification. You hereby agree to defend, indemnify and hold harmless Provider 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 legal fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages you distribute using the Products or (iii) arises from your activities or postings on the Provider Community, (iv)otherwise arises from or relates to your use of the Products. In addition, you acknowledge and agree that Provider has the right to seek damages when you use the Products 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. For the avoidance of doubt, by using our product you agree to defend, indemnify and hold harmless Provider for any potential databreach as a result of using the product.
6. Your Information. In using the varied features of the Products, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to Provider. Provider may use this information and any technical information about your use of the Products to tailor its presentations to you, facilitate your movement through the Product, or communicate separately with you. If you accessed the Products as a result of solicitation by a marketing partner of Provider, Provider may share your information with the marketing partner and the marketing partner may share related information with Provider. Except as described above. Provider will not provide your information, including your contact and account information, to third parties who you have not authorised to receive such information, except(i) as required by law or court order, including without limitation judicial process and law enforcement, or in the good-faith belief that such action is necessary to comply with law or a court order or (ii) if your Provider account was terminated from due to unsolicited commercial email being sent from your Provider account. Provider will never sell or rent your contact lists to anyone without your permission and acknowledges your ownership right in your contact lists. In the event Provider amends or revises the policy described in the immediately preceding sentence, it will provide advance notice of such amendment or revision.
7. Intellectual Property Rights in Your Content. You agree that you will not upload or transmit any contact lists, communications or content of any type to this web site or in connection with the Products that infringe, misappropriate or violate any rights of any party. By submitting ideas, concepts, inventions, or content to this web site or using them in connection with the Products, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to Provider or to any third party using the Products, any communication or content that infringes or violates any rights of any party. If you submit any business information, ideas, concepts or inventions or content to Provider by email, you agree such submission is non-confidential for all purposes. If you make any submission to this web site or if you submit any business information, idea, concept or invention to Provider by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted Provider a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any manner.
8. Termination and Suspension:
You may terminate this Agreement at any time by calling Provider Customer Support. There are no refunds for any fees paid. You are responsible for terminating your account and this agreement and Provider is not responsible for your failure to properly terminate your account and this agreement and any credit card charges and fees you incur as a result of your failure to properly terminate your account and this agreement. Provider may terminate this Agreement or the Products, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. Provider shall have no liability to you or any third party because of such termination or action.
Provider may delete any of your archived data within 30 days after the date of termination. After termination, you shall process all unsubscribe requests within 30 days of your last email campaign. Provider will provide upon request the list of unsubscribe requests from your account. Under the Data protection legislation, you acknowledge that you are responsible for maintaining and honouring the list of unsubscribe requests following termination of your account and this Agreement. 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. If your account is classified (at Provider's sole discretion) as inactive for over 200 days, Provider has the right to permanently delete your subscriber data. Provider will use good faith efforts to contact you via email prior to taking any permanent removal actions.
8.1 Freemium account suspension:
o sending too frequently.
o if the list is manipulated.
o If you create multiple organisation logins to make it appear you qualify for Freemium.
o if the bounce rate is too high
o if we receive too many complaints.
o if due care is not afforded to content.
o if the terms of this AUP or Data Protection laws are not in compliance.
In some cases we may opt to switch your account to the Pay as you Go payment plan.
The freemium plan is available to Small to Medium-sized business and allows free use for up to 2,500 opted-in subscribers. Sending volume is not generally restricted but must comply with this Acceptable Usage Policy and what we consider to be reasonable. Latest pricing is communicated by email and on the pricing menu of our website. Larger firms and Public sector may use the Freemium service as a trial but we reserve the right to switch your account to a Paid plan at any time. The annual unlimited plan is a fixed annual fee which allows fair usage for up to 5,000,000 (Five Million) emails per year. To continue sending above that that quota, payment for an additional bundle will be required.
Use of the products and any reliance by you upon the products, including any action taken by you because of such use or reliance, is at your sole risk. Provider does not warrant that the products will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the products. The products are provided "as is" and Provider disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Your sole and exclusive remedy for any failure or non-performance of the Products shall be for Provider to use commercially reasonable efforts to adjust or repair the Products.
11. Limitation of liability
To the maximum extent permitted by applicable law, under no circumstances and under no legal theory, tort, contract, or otherwise, shall Provider 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 "Provider") be liable to you or any other person for any money damages, whether direct, indirect, special, incidental, cover, reliance or consequential damages, even if Provider 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, Provider 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 maximum aggregate liability of Provider to you arising in connection with this agreement shall be limited to the amount you paid for the products in the twelve (12) months prior to the accrual of the applicable claim, less any damages previously paid by Provider to you in that twelve (12) month period. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
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. Provider and you 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 this 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.
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 Provider in any respect whatsoever. In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and legal fees. The Agreement shall be governed by the laws of Ireland without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in Ireland or a relevant jurisdiction.
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