Terms of Service
This Agreement ("Agreement") contains the terms and conditions that apply to the use of the YourMailingListProvider service ("Services"). As used in this Agreement, "User" refers to the person who creates one or more accounts using the Services. The Services are offered to the User conditioned on the User's acceptance without modification of this Agreement. The use of the Services constitutes the User's acceptance to this Agreement.
Limitations on use
The User may not use YourMailingListProvider to:
- send unsolicited e-mail messages to anyone without their permission, including but not limited to sending e-mail messages to addresses from any purchased or harvested e-mail list.
- send e-mail messages that may harass, embarrass, defame, abuse, threaten, or otherwise violate the legal rights of any individual, group, or organization;
- send e-mail messages that contain or link to pornographic or sexually explicit content, racially or ethnically objectionable content, content that directly or indirectly promotes the use of any illegal substances, content that violates laws or regulations designed to protect minors, or other content deemed to be offensive or inappropriate by YourMailingListProvider;
- send e-mail that contains copyrighted material, including text, graphics (including trademarked material), software or other material protected by intellectual property law, for which the User does not have authorization to reproduce, publish, or otherwise distribute;
- send e-mail messages that contains a computer virus or other code or files that could damage, harm, or otherwise disrupt the operation of anyone else's computer or storage device, or violate the privacy or security of any individual, group, or organization;
- perform or promote illegal activities such as starting or forwarding chain letters, illegal contests or promotions, or any other activity that is illegal;
- impersonate, use the name of (without expressed permission), or misrepresent any individual, group, or organization;
- violate any applicable governmental laws or regulations or perform any activity that would cause YourMailingListProvider to violate any law, statute or regulation.
YourMailingListProvider shall have the right to include a 1-line attribution message such as "Hosting by YourMailingListProvider" or a substantially similar message, at the bottom of each e-mail delivered by the Services. Such message shall include a link to a page within the website of YourMailingListProvider.
Users of the Premium & Professional versions may request to remove these attribution messages. YourMailingListProvider will honour this request but may charge a fee higher than the regular prices listed on http://www.yourmailinglistprovider.com in return.
Each newsletter sent through the Services must include unsubscribe information. By default, an unsubscribe link is added to the bottom of each newsletter sent through the Services. Users of the premium version may request to include their own unsubscribe link.
The User must honor in a timely manner all unsubscribe requests sent directly to him, regardless of how harsh or unpleasant the unsubscribe request may be.
Abuse by User
YourMailingListProvider, at its own discretion, may immediately disable the User's access if YourMailingListProvider believes in its sole discretion that the User has violated any of the restrictions listed above.
FEES AND PAYMENT TERMS
The Services must be paid upfront at the beginning of each period.
The Services will be renewed automatically until cancellation.
All prices are subject to change without notice.
The fee paid by the User will not change until the succeeding renewal period, if the service is not cancelled.
Payments made to YourMailingListProvider are not refundable.
Either the User or YourMailingListProvider may terminate this Agreement at any time and for any reason, with or without cause.
The User may terminate the Agreement by cancelling their account via the "Cancel Account" function in YourMailingListProvider's web application.
DISCLAIMER OF WARRANTIES
Disclaimer of Warranty
The Services are provided "as is". To the maximum extent permitted by law, YourMailingListProvider disclaims all other warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantibility and fitness for a particular purpose. YourMailingListProvider does not warrant that the functions contained in YourMailingListProvider will meet any requirements or needs the User may have, or that YourMailingListProvider will operate error free, or in an uninterrupted fashion, or that any defects or errors in YourMailingListProvider will be corrected or that YourMailingListProvider is compatible with any particular platform.
Limitations of Liability
In no event will YourMailingListProvider be liable to the User or any third party for any incidental or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages) arising out of or inability to use YourMailingListProvider, or for any claim by any other party, even if YourMailingListProvider has been advised of the possibility of such damages.
The User will indemnify, defend and hold harmless YourMailingListProvider against any claim, suit, action, or other proceeding brought against YourMailingListProvider based on or arising from a claim that any content or material the User distributed using YourMailingListProvider or any use of YourMailingListProvider by the User that violates the Terms of Service.
The User's indemnification obligations shall survive the terminination of this agreement.
YourMailingListProvider will in no event be liable for the unauthorized use or misuse of the User's username or password or for any unauthorized access.
YourMailingListProvider reserves the right to modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new Agreement on its Website located at http://www.yourmailinglistprovider.com. The User is responsible for regularly reviewing these terms and conditions. Continued use of the Services after any modification shall constitute the User's consent to such modification. YourMailingListProvider assumes no obligation to notify the User of any modification to the Agreement.
This Agreement shall be governed by the laws of Belgium. Any dispute under or relating to the subject matter of this Agreement shall be of the exclusive competence of the courts of Ypres, Belgium.