If you have a Contact list with more than 100,000 contacts, or you need to send massive amounts of emails very often, please contact us for a quote.
CONSTANT EMAILS INC. TERMS AND CONDITIONS OF USE
By registering for the service provided by Constant Emails, you agree that you have read and accepted all the Terms and Conditions of Use Agreement, and intend this Agreement to be the legal equivalent of a signed, written, equally binding contract, and that you are subject to all the terms and conditions included.
If you are accessing or using the Products through a Third Party Service or web site, you agree and acknowledge that Constant Emails is not responsible or liable for any actions of a third party or for any aspect or result of such Third Party Service. You use such Third Party Service at your own risk. You further agree that Constant Emails may terminate such Third Party Service's ability to interact with the Products at any time, with or without notice, and in Constant Emails sole discretion, with no liability to you or to the third party.
1. Once your free trial period is completed or you have surpassed your free contact limit, the Product will be subject to monthly subscription fees.
2. Representations and Acknowledgements subject in each case to the terms listed in the remainder of this Agreement, you represent, acknowledge, and agree that:
3. Fees and Payment: Once you have completed your free trial period, or have exceeded the free contact limit, you will be subject to monthly subscription fees in accordance with the Fee Schedule. The fees are based on the highest number of subscribers in your account at any time during the previous month. Each unique email address counts as one subscriber or contact. You will be required to submit payment monthly in advance for the Product (unless you have already provided payment or means of payment, such as credit card information) and may purchase, in advance, a monthly subscription for the Product. Access to the Product will be disabled until payment is received. Fees will be billed monthly or your pre-paid account will be debited monthly for the Product, even if you are not actively using the Product. The Product may also be subject to per message and certain overage charges.
Payment for Products will be made by a valid credit card accepted by Constant Emails. E-checks or bank account drafts will be accepted for prepayments of at least six (6) months. Fees are payable in U.S. dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize Constant Emails to charge your credit card on a monthly basis beginning at the end of your free trial period and continuing until such time as your account is terminated. If Constant Emails is for any reason unable to effect automatic payment via your credit card, Constant Emails will attempt to notify you via email and your Constant Emails account will be disabled until payment is received. Amounts paid for the Products, including prepayments, are non-refundable.
4. License: Constant Emails grants you a limited and revocable license to access and use the Service and to send, compose, read, print, save, and forward messages containing the Content as described and limited in this Agreement. You hereby agree to access and use the Service for its intended purposes, subject to your compliance with this Agreement, and are hereby prohibited from utilizing the Service for any other purpose or to alter the Content and/or Service in any way, including, but not limited to, removing or deleting any proprietary rights notices. This license does not include the right to collect or use information contained on the Site or through the Service for purposes prohibited by Constant Emails, to compete with Constant Emails, create derivative works based on any and all Content obtained through the Service, or download or copy any Content obtained through the Service (other than page caching). In addition, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer any content, information, documents, graphics or other materials or Content obtained through your use of the Service for commercial or non-commercial purposes. License to use the Service is limited to personal use by the End User. Resale or commercial use of the Service or any other means to seek financial gain from providing the Service to any third party, without the express prior written consent of Constant Emails, is strictly prohibited. By using the Service, you acknowledge and agree that portions of the Content is provided to you by third-party licensors, and you hereby agree to adhere to and comply with any such third-party’s license(s) and to refrain from violating any such licensor’s intellectual property rights. If you use the service in a manner that exceeds the scope of this license or breaches this Agreement, Constant Emails may revoke the license granted to you.
5. End User Obligations: You agree to:
a) Provide true, accurate, complete and current user information as requested by Constant Emails
b) Regularly update your user information to maintain its accuracy and completeness.
c) Provide for your own access to the Internet and pay any fees or costs relative to such access that is required to access the Service.
d) Provide all necessary equipment and/or materials necessary for you to make such connection to the Internet in order to access, use and/or register for the Service. By providing any user information that is untrue, inaccurate, incomplete and/or not current, Constant Emails reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service, in whole or in part, by you. On occasion, we may ask you to sign an affidavit verifying the fact that your list is truly permission based.
6. Email, Permission Practices, Image Hosting and Prohibited Content.
7. End User Accounts and Security: As an End User of the Service, you will receive an end user account and password to access your account. You are responsible for maintaining the confidentiality and security of your account and password. You are responsible for any and all activity that occurs within your end user account while using the Service, including, but not limited to, the content located in all electronic mail messages sent through the Service from your account. You may modify or change your password at your discretion by following the instructions located on the Constant Emails web site. You agree to promptly notify Constant Emails of any unauthorized use of your account or any other breach of security.
8. Termination: As End User of the Service, if you disagree and/or are dissatisfied with the Service, in whole or in part, or with any provision of this Agreement, in whole or in part, it is your sole and exclusive obligation to terminate your End User account, for any reason and at any time. To terminate your account, you must immediately discontinue your use of the Service, notify Constant Emails of your intention to terminate your End User account, and destroy all content and materials obtained through your use of the Service. Upon execution of the termination process, you must cease all use of the Service immediately; any license given to you for use of the Service will be revoked. Termination of this Agreement and your End User account to use the Service shall not have any effect on your obligations to Constant Emails under any other agreement or policy relating to the Constant Emails Service. Upon termination of your End User account, Constant Emails shall not be liable, in any way, to you or any third party for termination of your use of the Service, and Constant Emails shall not be obligated to forward any unread, unsent or unprocessed electronic mail messages to you or any third party. Constant Emails reserves the right to immediately terminate your End User account and your access to the Service for any violation of the terms and conditions set forth in this Agreement, with or without prior notice to you, for any reason in Constant Emails’ sole and exclusive discretion. Upon termination of your End User account and access to the Service, you must destroy all content and materials obtained through your use of the Service, all related documentation, and any originals or copies of same. We reserve the right to immediately delete all electronic mail messages in your End User account and prohibit any and all further access to those electronic mail messages and/or your use of the Service upon termination of your End User account.
Cancellation Policy: We are a month-to-month service, so you may cancel your account at any time. Subscription fees are prepaid, so we recommend that you cancel prior to your monthly renewal date or you will be charged your next month’s subscription fee. We do not prorate or refund our service.
To cancel your account, login to your Constant Emails account. Go to the My Account tab and click on “Cancel My Account” to complete the process. You will receive a cancellation confirmation message on screen and by email which includes your Cancellation confirmation number. Your account will remain accessible and active up until the day before your renewal date. After that date, you will have access to your account for a few months; you will just not be able to send emails.
PLEASE NOTE THAT UNTIL YOU PROVIDE US WITH A COMPLETED CANCELLATION REQUEST, YOUR ACCOUNT WILL BE CHARGED MONTHLY FOR YOUR SUBSCRIPTIONS FEE. INACTIVITY IN YOUR ACCOUNT WILL NOT CONSTITUTE A CANCELLATION. YOU WILL BE RESPONSIBLE FOR ANY OUTSTANDING BALANCES AS WELL AS RELATED COLLECTION COSTS.
9. User-Submitted Content: The End User has sole responsibility for any content, data, text, software, music clips, sound, video, photographs, graphics, messages, files or other material that is transmitted, posted or otherwise distributed by you through the Service, including, but not limited to, the contents of your electronic mail communications and photographs posted by you on the Constant Emails Site or through the Service. As such, you assume sole liability for all End User Materials posted by you, whether publicly or privately posted and/or transmitted. Constant Emails is not responsible and holds no liability relative to monitoring the End User Content provided through the Service, and does not warrant, guarantee or represent, in any way, the accuracy, quality, or integrity of the End User Materials. By utilizing the Service, you acknowledge that you may be exposed to content or other materials submitted by third parties or other users that may be offensive, indecent or otherwise objectionable, and that Constant Emails is held unaccountable for any liability resulting or arising out of same. Likewise, Constant Emails shall not be held liable for any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content transmitted through the Service.
10. Modifications: Constant Emails reserves the right to modify and/or discontinue the Service, whether temporarily or permanently, with or without notice to the users, and Constant Emails shall not be liable to you or any third party for any such modification and/or discontinuance of the Service.
11. Disclaimer of Warranties: You expressly agree that use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. Constant Emails expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Constant Emails makes no warranties that the Service will meet your requirements and/or be uninterrupted, timely, secure or error-free, nor does Constant Emails make any warranty as to the accuracy or reliability of any information obtained or downloaded through the use of the Service, or that defects in the system and software will be corrected. Constant Emails makes no warranty regarding any goods or services purchased or downloaded through the use of the Service or any third-party links or any information obtained or transactions entered into through the use of the Service. No advice or information, whether oral or written, obtained by you from Constant Emails shall create a warranty not expressly stated herein. Furthermore, Constant Emails makes no warranties concerning the suitability of the content provided through the Service for any purpose.
12. Disclaimer of Liability: Constant Emails shall not be liable for any damages whatsoever, whether direct, indirect, incidental, special, or consequential, arising out of or connected to the use of the Service or with the delay or inability to use the Service, or for any information, products and services obtained through use of the Service, or otherwise arising out of the utilization of the Service, whether based in contract, tort, strict liability or otherwise, even if Constant Emails has been advised of the possibility of said damages. Furthermore, Constant Emails shall not be liable for any damages arising from the interruption, suspension, or termination of the Service, including, but not limited to, direct, indirect, incidental, special, consequential, or exemplary damages, whether or not such interruption, suspension, or termination was justified, negligent, or intentional.
13. Indemnification: You agree to hold Constant Emails, subsidiaries, affiliates, officers, agents, representatives, successors, members, principals, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site or services set forth in this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations, obligations, and warranties set forth above. Constant Emails reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of Constant Emails.