Mailouts

End User Services Agreement

PLEASE REVIEW THIS END USER SERVICES AGREEMENT CAREFULLY, AS IT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU ("YOU" OR "CUSTOMER") AND EASY MAILOUTS ("EASY MAILOUTS" OR "WE").
YOU HAVE INITIATED USE OF EASY MAILOUTS' SERVICES. IN ORDER TO USE THESE SERVICES, YOU MUST FIRST READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS BY REPLYING TO EMAIL SENT WITH YOUR PASSWORD.
 
Services
Easy Mailouts provides on demand software and services ("Services") for the electronic distribution of customer created to customer's list of contacts ("Recipients"). Easy Mailouts assumes that its Services are used by you for business purposes. During the term of this Agreement and subject to the terms and conditions set forth herein and any guidelines, rules or operating policies that Easy Mailouts may establish and post from time to time on www.easymailouts.com (the "Site"), including, without limitation Easy Mailouts' anti-spam policy, Privacy Policy and prohibited content and commerce statement (collectively, the "Policies") (which are incorporated herein by reference), Easy Mailouts agrees to use commercially reasonable efforts to provide Customer with the Services. From time to time, Easy Mailouts may modify the terms and conditions of this Agreement and/or the Policies. All such changes shall become effective upon posting of the revised Agreement and/or Policies, as the case may be, on the Site, and Customer's use of the Services thereafter shall be subject thereto. Customer agrees that its purchase of the Services is neither contingent upon the delivery of any future functionality or features, nor is it dependent upon any oral or written comments made by Easy Mailouts with respect to future functionality or features.
 
Professional Services
In addition to the Services, Customer may purchase certain additional premium services. The premium services are provided by Easy Mailouts separate and distinct from the Service and are not required for Customer's use or enjoyment of the Services. In the event of any conflict between the terms and conditions of this Agreement and a Statement of Work, the terms and conditions of this Agreement shall govern, unless the parties expressly specify otherwise in such Statement of Work. Any Statement of Work may be modified or amended with the written consent of each of Easy Mailouts and Customer.
 
Free Trial Period
During the Trial Period, Customer may use the Services subject to the limit of 20 emails can be sent per log on. Once Customer completes its free trial period, the Trial Period will terminate. Upon such termination, Customer may purchase a six-monthly or annual subscription for the Services.
Customer's access to the Services will be disabled until payment s received.
 
Purchase
Pricing for the Services is based upon package Customer chooses, either Silver, Gold or Platinum package. There is no limit to the number of email lists that Customer can have. The total number of emails per month that may be sent by each Customer is also NOT limited to the subscribers or multiple of this.
 
Fees and Payment
In consideration for the Services to be provided by Easy Mailouts, Customer agrees to pay the six monthly or annual subscription fees set on Costing link Paid subscription fees are non-refundable. Customer acknowledges that from time to time, delivery of email messages sent may be blocked or prevented at destination email servers. Customer's payment obligation set forth herein continues regardless of whether delivery of such email messages is prevented or blocked by a third party. In consideration for the Professional Services to be provided by Easy Mailouts, if any, Customer agrees to pay the fees posted at www.easymailout.com or as otherwise provided to Customer by Easy Mailouts, the "Professional Fees," together with the Subscription Fees, the "Fees." Payments for Fees and reimbursements for expenses, if any, will be billed six monthly or annually in advance. If paid by Reg now you will be sent a notification and payment will be automatically taken unless cancelled. If Customer is not paying by Regnow then payment will be due immediately upon receipt of invoice.
Generally Subscription fees will be paid by using Regnow website, unless agreed otherwise by Easy Mailouts.
 
The Fees shall include all applicable foreign, federal, state and local taxes payable with respect to this Agreement. In the event Customer fails to make timely payments when due, Easy Mailouts may, at its election, discontinue, terminate or suspend the Services and remove Customers' log on details. from its systems, in each case, without incurring any liability to Customer. Despite any such discontinuation or suspension, Customer acknowledges and agrees that it will be required to pay the Subscription Fees for the remainder of the term of this Agreement.
 
Customers' Recipient Data
In offering the Services, we may collect personal information about Recipients. Easy Mailouts will not own any data, information or material that any of its Customers submit to Easy Mailouts in the course of its provision of the Services ("Customers' Recipient Data"). Customers are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customers' Recipient Data, and Customers are responsible for maintaining, securing and storing all Customers' Recipient Data in accordance with applicable law. Easy Mailouts will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customers' Recipient Data. The Customer is responsible for taking regular security of Customer's Recepient Data
 
Customer Information
Easy Mailouts collects certain personal and business-related information about its Customers in order to provide the Services (the "Customer Information"). If you have provided your contact information, Easy Mailouts may contact you for marketing purposes by various means, including but not limited to regular mail, email or telephone. When you activate an Easy Mailouts account, you give your express consent to receive marketing communications via direct mail, email (at the email address you provided when activating your account), telephone (at the number you provided when activating your account), text messages (if you provided a wireless telephone number), instant messages or other communication methods.
 
Disclosures of Customer Information
In addition to the uses of Customer Information set forth above, Customer agrees that Easy Mailouts may use the Customer Information in connection with its provision of the Services. If Customer purchased the Services as a result of the marketing efforts of an Easy Mailouts marketing partner, Customer agrees that Easy Mailouts may disclose the Customer Information to such marketing partner. Notwithstanding the foregoing, Easy Mailouts will not provide any Customer Information to any third party without Customer's authorisation and will use reasonable efforts to prohibit any third party that receives any such Customer Information from selling or redistributing such Customer Information without Customer's authorization.
 
Passwords
In connection with Easy Mailouts' provision of the Services, Easy Mailouts will send to its Customer's designated email address (designated by Customer at the time an account is established), information such as user IDs and/or passwords which will enable Customer to access the Software (the "Passwords"). Customer agrees to maintain the Passwords in strict confidence and not to provide the Passwords to any third party. Customer will notify Easy Mailouts promptly if there is a loss or compromise of any Passwords and Customer will be solely responsible for all actions and fees incurred as a result of such incident resulting from the Customer's negligence or intentional misconduct. Any unauthorized use of user IDs or Passwords by Customer will constitute a material breach of this Agreement. The Password will allow one computer or one laptop only by use of PID to access the system, unless the agreement is for multiple users/computers. See Pricing link.
 
Proprietary Rights
This is an agreement for services and Customer is not granted any license hereunder. All software embedded in the Services (the "Software"), and the Services, are and shall remain the sole and exclusive property of Easy Mailouts. Accordingly, Customer acknowledges that Easy Mailouts owns all rights, title and interest in and to the Software and the Services, including, without limitation, all UK and international patent rights, copyrights, trademark rights, trade secret rights, and all other proprietary rights pertaining thereto. Except as expressly granted in this Agreement, Customer will not have or acquire any rights or interest in or to the Software or the Services. Customer acknowledges that the Software contains proprietary information and trade secrets of Easy Mailouts. Customer will not take any actions inconsistent with Easy Mailouts' ownership of each of Easy Mailouts' rights in and to the Software.
Customer agrees that Customer will not directly or indirectly:
(i) license, sublicense, transfer, sell, rent, lease, time share, grant a security interest in, or otherwise transfer any rights in or to the Software, or make the Software available to third parties except as authorised by this Agreement;
(ii) modify, translate, reverse engineer, decompile or disassemble the Software for any purpose, including without limitation, the creation of derivative works or similar products;
(iv) use or distribute the Software in violation of any applicable laws, regulations or export restrictions;
(v) possess or use the Software in any format other than machine-readable format. All rights in the Software not explicitly granted herein, are reserved by EasyMailouts. If you are using the Services in any country within the European Union, the prohibitions set forth herein will not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
 
The Customer may distribute the software but only on the condition that it is explained that password access to the system can only be obtained from Easy Mailouts.
 
Use of Services
Customer acknowledges and agrees that it will use the Services only to access, employ, utilize, or display the Software solely for Customer's "internal business purposes" by Customer's employees or by independent contractors hired by Customer. For the avoidance of doubt, the term "internal business purposes," as used herein, does not include, among other things, the right to: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
(ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violation of third-party privacy rights;
(iii) send or store material containing malicious code, including, without limitation, software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs. Customer agrees to report immediately to EasyMailouts, and to use best efforts to stop immediately, any violation of the terms and conditions.
 
Any emails sent out by using Easy Mailouts must contain an unsubcribe link or reply link to unsubscibe that is automtically generated by Easy Mailouts.
 
Confidential Information
Each of Easy Mailouts and Customer, as a Receiving Party (as defined below), will hold confidential, not use except as otherwise authorised herein, and protect from disclosure to unauthorised third parties the Confidential Information (as defined below) of the Disclosing Party (as defined below). In the event that the Receiving Party is required by law to disclose Confidential Information of the Disclosing Party, the Receiving Party will provide the Disclosing Party with prompt written notice of such pending disclosure. For purposes hereof, "Confidential Information" means any information disclosed by one party (the "Disclosing Party") to the other party (the "Receiving Party") that relates to such Disclosing Party's business affairs, internal operations, personnel, financial matters, technology, research and development, product plans or offerings, markets, or know-how.
 
Confidential Information will not include information that:
(i) was publicly available, or that subsequently becomes publicly available, except by wrongful disclosure hereunder by the Receiving Party;
(ii) was in the Receiving Party's possession prior to receipt of the same from the Disclosing Party, as evidenced by the Receiving Party's prior written records;
(iii) was received from a third party who was not known by the Receiving Party to be under any obligation of confidentiality with respect to such information;
(iv) can be proven by competent evidence to have been independently developed by the Receiving Party;
(v) is furnished by the Disclosing Party to a third party without restriction on the third party's right of disclosure;
(vi) is approved in writing for release by the Disclosing Party;
(vii) is required to be disclosed by order of court or law.
 
Representations, Warranties and Covenants.
Customer represents, warrants and covenants to Easy Mailouts that:
(i) if an individual, Customer is at least eighteen (18) years old;
(ii) if an entity, it is a company duly organized and validly existing in good standing under the laws of the state or country in which it was organised;
(iii) it has full power and authority to enter into this Agreement, which, upon its execution hereof, will constitute a legal, valid and binding obligation enforceable against it in accordance with the terms hereof;
(iv) all information provided by it in the Service Order and otherwise during the term of this Agreement, is and will be truthful and accurate;
(v) its use of the Services will at all times be in accordance with the terms and conditions of this Agreement, the Policies and all applicable laws, rules and regulations; and
(vi) it is not directly or indirectly (as an owner, strategic partner or otherwise) engaged in any business relationship or activity that competes with the Services.
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Disclaimer of Warranties
THE SERVICES (AND THE PROFESSIONAL SERVICES, AS APPLICABLE) ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EASY MAILOUTS AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, THE "REPRESENTATIVES") DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NON-INFRINGEMENT, WITH RESPECT TO THE SERVICES.
EASY MAILOUTS AND THE REPRESENTATIVES DO NOT WARRANT THAT THE SERVICES WILL MEET CUSTOMER'S REQUIREMENTS NOR DO THEY GIVE ANY WARRANTY ABOUT THE RESULTS THAT MAY BE OBTAINED BY USING THE SERVICES.
 
Limitation of Liability
IN NO EVENT WILL EASY MAILOUTS OR ANY REPRESENTATIVE BE LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, sCONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SERVICES (OR THE PROFESSIONAL SERVICES, IF APPLICABLE), OR TO THE PERFORMANCE OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF USE, OR LOSS OF PROFITS, EVEN IF EasyMailouts OR ITS REPRESENTATIVES HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHER, IN NO EVENT WILL EasyMailouts AND THE REPRESENTATIVES' TOTAL CUMULATIVE LIABILITY TO CUSTOMER OR ANY OTHER PARTY FOR CLAIMS, LOSSES, OR DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, INDEMNITY OR OTHERWISE, ARISING OUT OF OR RELATED IN ANY WAY TO THIS AGREEMENT OR THE SERVICES, EXCEED THE ACTUAL FEES CUSTOMER PAID TO EasyMailouts FOR THE SERVICES AS OF THE DATE OF THE CLAIM, LOSS, OR DAMAGE. In the event of any failure, or EasyMailouts non-provision, of the Services (or the Professional Services), Customer's sole and exclusive remedy shall be for EasyMailouts to use commercially reasonable efforts to repair or provide the Services.
 
Indemnification.
Customer agrees to indemnify, defend and hold harmless Easy Mailouts, the Representatives, and its and their respective affiliates, officers, directors, stockholders, employees, consultants, representatives and agents from any and all claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys' fees) arising from Customer's negligence or intentional misconduct, Customer's violation of any applicable law, including UK and US Anti-Spam Acts, this Agreement or the Policies, Customer's breach of any of its representations, warranties or covenants set forth herein, or Customer's infringement of any intellectual property rights or other rights of any person or entity.
 
Governing Law
This Agreement will be governed by the laws of the UK. The rights and obligations of the parties under this Agreement shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
 
Arbitration. Any dispute or controversy arising under, out of, or in connection with this Agreement shall be resolved by binding arbitration under UK commercial law. This Agreement does not create a partnership, joint venture or agency relationship between Easy Mailouts and Customer.
Customer does not have any right, power, or authority to act as a legal representative of Easy Mailouts.
 
Assignment. Customer may not transfer, assign, sublicense, or delegate any right or duty under this Agreement to another entity or person without the express written consent of EasyMailouts. Any such transfer, assignment, sublicense or delegation without consent will be null and void.  
Severability. In the event that a court of competent jurisdiction determines that any portion of this Agreement is illegal, invalid or unenforceable, such portion will not affect or impair the legality, validity or enforceability of any other provisions of this Agreement.
 
Survival. The provisions of this Agreement that by their nature and context are intended to survive the performance and termination of this Agreement, will survive the completion of performance and termination of this Agreement.
 
Entire Agreement. This Agreement, the Policies and the Statement of Work(s), if any, constitute the entire agreement and understanding between EasyMailouts and Customer and supersede all prior and contemporaneous agreements, documents, and proposals, oral or written, between the EasyMailouts and Customer, except for any prior agreement addressing confidentiality, which will continue in effect according to its terms following the execution, performance and termination of this Agreement.
 
No Waivers. Easy Mailouts' failure to exercise any of its rights under this Agreement will not constitute or be deemed to constitute a waiver or forfeiture of such rights or of any preceding or subsequent breach or default.
 
Notice.
Easy Mailouts may provide Customer with general notice by electronic mail to Customer's email address of record, or by written communication sent by first class mail or pre-paid post to Customer's address of record, or to such other address designated by Customer and communicated to Easy Mailouts.
Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing if sent by first class mail or pre-paid post, or twelve (12) hours after sending if sent by electronic mail. Except as otherwise provided herein,
 
Export Restrictions
Customer acknowledges that the Services may be subject to UK or other countries' export control laws and regulations.
Customer agrees not to export, or transfer for the purpose of re-export, the Services (including technical data) in violation of any UK or other applicable export control laws and regulations.
 
Prohibited Content and Commerce Statement
Easy Mailouts prohibits the use of Easy Mailouts by any company or site that engages in any of the following:
Provides, sells or offers to sell the following products or content (or services related to the same): pornography; nudity; online gambling; 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
Provides, sells, or offers to sell or rent any mailing list
Displays material that exploits children under 18 years of age
Posts or discloses any personally identifying information or private information about children without their consent (or their parent's consent in case of a minor)
Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or posts any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content
Sells or promotes any products or services that are unlawful in the location at which the content is posted or received
Introduces viruses, worms, harmful code and/or Trojan horses on the Internet
Promotes, solicits or participates in pyramid schemes
Engages in any libelous, defamatory, scandalous, threatening, harassing activity
Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence. In addition, EasyMailouts reserves the right to prohibit the use of EasyMailouts by any company or site at its sole discretion.
Email message subject lines must not contain false or misleading information.
Posting the same or similar message to one or more contact lists or individual email addresses (excessive cross-posting or multiple-posting) is explicitly prohibited.
You are not permitted to send emails to recipients where you have harvested their addresses. This includes but is not limited to the use of software or companies to harvest email lists. Sending such emails is spam and is prohibited.
 
As always, sending unsolicited commercial email is FORBIDDEN. See our our (A href="antispampolicy.htm">Anti-Spam Policy for details. This document may change from time to time. Please contact the EasyMailouts Technical Support Team with any questions about whether your site can use EasyMailouts.
 
The Easy Mailouts service and support offering
All Services provided by Easy Mailouts are subject, without limitation, to Easy Mailoutsís Privacy Policy and Easy Mailoutsís Anti-Spam Policy. Easy Mailouts Ltd. may modify the terms of the Agreement and may discontinue or change any aspects of the Services at its sole discretion. Any changes to the application or the terms and conditions become effective upon those changes being made live on the www.easymailouts.com website.
The Services are subject to monthly or annual subscription fees. When the free trial period has been completed Easy Mailouts reserves the right to suspend your account unless you sign-up for a monthly or annual subscription. six monthly subscriptions are billed six monthly, in advance, according to the Fee Schedule selected by you at sign-up. You do NOT need to worry about monthly send credits expiring at the end of each month, as we don't use "send credits".
 
Restrictions and Responsibilities
Easy Mailouts. reserves all rights other than those expressly granted in this Agreement, and no licenses are granted except as expressly set forth herein. You will not contest the validity of Esay Maillouts with regard to trademarks or other brand features or content during the term of this Agreement, or after the expiration of this Agreement.
You acknowledge that Esay Mailouts owns all rights, titles and interests in and to Easy Mailouts including any and all proprietary rights.
Easy Mailouts may only be used in compliance with the UK and US Anti-Spam Acts and the European Privacy Directive and all other applicable laws. You agree to indemnify and hold harmless Easy Mailouts. against any damages, losses, liabilities, settlements, and expenses in connection with any claim or action that arises from an alleged violation of any national or international laws resulting from your illegal use of Easy Mailouts.
Easy Mailouts reserves the right to monitor the newsletters created by you and your use of Easy Mailouts.
Easy Mailouts also reserves the right to remove any content or immediately suspend use of Easy Mailouts, if it believes that use is any of the following:
1) in violation of any national or international laws;
2)constitutes pornography
3) is excessively violent or contains harassing content or hate speech;
4) improperly exposes trade secrets or other confidential information of another person;
5) is otherwise malicious, fraudulent, or may result in retaliation against Easy Mailouts by offended recipients.
 
Easy Mailouts will automatically append an "unsubscribe" link to all outgoing email, which will allow visitors to remove themselves from your mailing list. Esay Mailouts may immediately suspend your Easy Mailouts account if you make any attempt to remove or disable this link.
Unlike some other companies Easy Mailouts does NOT append a "Powered by" company on footer or link to our wesite on your outgoing email.
 
Easy Mailouts will not share information send via Easy Mailouts. Your customer information will not be shared with any other parties, unless required by law.
Easy Mailouts will not use your customer information for the purpose of sending unsolicited commercial email.
Easy Mailouts may use this information and any technical information about your use of the Services to facilitate your use of Easy Mailouts, or in communications with you.
 
You will comply with the Easy Mailouts Privacy Policy and the Anti-Spam Policy, which may be modified by Easy Mailouts from time to time.
 
Term and Termination
The Service Order determines the term of your Agreement. This Agreement will automatically renew and if paying by Regnow sunscription paymentt will automtically be taken when next payment is next due. Easy Mailouts' subscription cycles are on six-montly or annual basis.
If not paying by Regnow can cancel by emailing us giving one months notice see Contact link
Any advance payments will not be reimbursed.
 
Easy Mailouts may terminate this Agreement at any time if Customer does not abide by the terms of this Agreement.
In the event of any suspected violation of the terms, conditions or restrictions set forth in this Agreement, Easy Mailouts may immediately disable Customer's access to the Services and suspend its provision thereof. Any default in the performance of any of Customer's obligations hereunder, shall be considered a material breach of this Agreement and shall entitle EasyM ailouts to terminate immediately this Agreement, to terminate EasyM ailouts' provision of the Services and to pursue all available equitable and legal remedies. Upon such termination of this Agreement the Customer will not be reimbused any advanced payments made,
Easy Mailouts. may immediately terminate this Agreement and suspend access to Easy Mailouts without refund if you are in violation of any of terms outlined in this agreement. Easy Mailouts is not liable for any commercial damage caused as a result of its decision to terminate or suspend your Easy Mailouts account.
Easy Mailouts reserves the right to delete any account data within 14 days after the date of termination.
 
Emailing service
If you choose us to do your emailing as you have a very large number of emails, rather than subscribing to our software, then unless otherwise agreed all payments to Easy Mailouts need to made in advance.
 
Miscellaneous
Except as otherwise expressly set forth herein, this Agreement may be amended or modified only by Easy Mailouts and may not be modified by course of conduct. The section headings used herein are for convenience only and will not be given any legal meaning.
This Agreement is made for the benefit of the parties only and there are no intended third-party beneficiaries.
 
Limitation of Liability
Each Party agrees to indemnify and hold harmless the other party from and against any losses, claims, liabilities, damages or expenses, including reasonable lawyer's fees, directly arising from a material breach of this agreement by the other party.

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