Terms and Condition

Kindly spare some time to read the terms and conditions governing the usage of the site carefully. These terms and conditions of use may have changed since your last visit to this web site . By availing the services of Email-M software, it is implicitly assumed that you have understood these terms and have expressed your willingness to abide by the same.

Refrain from sending of unsolicited email or spam. Have a glance at our Anti-spam policy described below. The following are the terms and conditions of use for accessing the Email-M web site and hiring its services. By checking the checkbox regarding this in the account creation form.

1. Copyright and Trademark Information

Copyright (C) Email-M 2010. All Rights Reserved.

This web site, and the information which it contains, is the property of Email-M and its affiliates and licensor's, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. "Email-M" and the Email-M logo are registered trademarks of Email-M under the applicable laws of the United States and/or other countries.

2. Services - Terms and Conditions

The services are provided subject to these Terms and Conditions of Use, as they may be amended by Email-M, and any guidelines, rules or operating policies that Email-M may establish and post from time to time. Email-M deserves the right to modify the terms of the Agreement and may discontinue or revise any or all aspects of the services in its sole discretion. Except as otherwise provided in the Agreement, all such changes shall become effective upon the posting of the revised Agreement on the usage of service or at Email-M's web site. The services are available only to persons who can form legally binding contracts under applicable law. The services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the services. If you are using the services in your capacity as an employee, you must have the ability to bind your employer by your use of the services. You must complete the registration form on the Email-M sign up web page in order to use the services. You shall provide true, accurate, current, and complete information about yourself as requested in the registration form.

If you are using our services through a third party service or web site, you agree and acknowledge that Email-M is not responsible or liable for any actions of such 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 and acknowledge that Email-M may terminate such Third Party Service's ability to interact with the services at any time, with or without notice, and in Email-M's sole discretion, with no liability to you or to the third party.

3. Representations and Acknowledgements

Subject in each case to the terms listed in the remainder of this Agreement, you hereby represent, acknowledge and agree that:

  • Email-M will be subject to monthly subscription fees once you have completed your free trial period.
  • The services may not be used for the sending of unsolicited email (sometimes called "spam").
  • The services may only be used for lawful purposes.
  • The services may not be used for hosting content that infringes on the intellectual property rights of others, including copyright, trademark and patent infringement, or that includes any obscene or defamatory material or other material that violates any applicable law or regulation.
  • You agree you will not access or otherwise use third party mailing lists or otherwise prepare or distribute unsolicited email, in connection with the services.
  • You agree to import, access or otherwise use only lists for which all listed parties have consented to receive correspondence from you in connection with your use of the services.
  • You acknowledge and agree that not all email messages sent through use of the services will be received by their intended recipients.
  • You acknowledge and agree that you are the sole or designated "sender" of any email message sent by you using the services.
  • You agree that the "from" line of any email message sent by you using the services 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 services will not contain any deceptive or misleading content regarding the overall subject matter of the email message.
  • In your use of the services, you agree to represent you or your organization accurately and will not impersonate any other person, whether actual or fictitious.
  • You agree to not interfere with or disrupt this web site or any related Email-M web sites or servers or networks connected to this web site.
  • If you are accessing or using the services through a Third Party Service, you will abide by this Agreement regardless of anything to the contrary in your agreement with such third party.

4. Fees and Payment; Fee Schedule; Free Trial

4.1. Fees for Email-M.

For Email-M, once you have completed your free trial period or you have exceeded the free subscriber or contact limit, you will be subject to monthly subscription fees. The fees are based on the highest number of subscribers or contacts in your account at any time during the previous month. For purposes of this Agreement, each unique email address will count as one subscriber or contact.

In addition, if you have more than 50,000 subscribers or contacts in your account, per message fees will be incurred when the number of messages you send in a month exceeds four times the maximum number of subscribers or contacts allowed in your current pricing tier. You will be required to submit payment monthly in advance for Email-M(unless you have already provided payment or means of payment, such as credit card information) and may purchase, in advance, a monthly subscription for Email-M. Access to Email-M will be disabled until payment is received. Fees will be billed monthly, even if you are not actively using Email-M.

4.2. Fee Schedule; Discounts.

You are responsible for reviewing the Fee Schedule4 from time to time and remaining aware of the fees charged by Email-M and any applicable discounts. The Fee Schedule, including subscriber or contact levels any discounts, is subject to change at any time in Email-M's sole discretion. Email-M will use good faith efforts to notify you prior to the effectiveness of any significant change to the Fee Schedule. If you receive special discounts through a marketing partner, those discounts may not be available if you cease to continue to be a customer of the marketing partner, in which case Email-M's standard rates will apply. Email-M may rely on information provided by the applicable marketing partner, if any, with respect to the status of your account. Repeated uploading and removing of unique email addresses in an attempt to circumvent Email-M's Fee Schedule and billing procedures is prohibited.

4.3. Payment.

Payment for services will be made by a valid credit card accepted by Email-M. Fees are payable in U.S. dollars as well as Indian Rupee. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize Email-M to charge your credit card for such amounts on a regular monthly basis beginning at the end of your free trial period and continuing until such time as your account is terminated. If Email-M is for any reason unable to effect automatic payment via your credit card, Email-M will attempt to notify you via email and your Email-M account will be disabled until payment is received. Amounts paid for the services, including prepayments, are not refundable.

5. Email, Permission Practices and Prohibited Content

5.1. Subscriber Opt Out.

Every email message sent in connection with the services must contain an "unsubscribe" link that allows subscribers to remove themselves from your mailing list. Each such link must remain operational for a period of thirty (30) days after the date on which you send the message, and must be in form and substance satisfactory to Email-M. 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 ten (10) days of submission, and update the email addresses to which messages are sent through your Email-M account. Under the CAN-SPAM Act of 2003, you acknowledge that you are responsible for maintaining and honoring the list of unsubscribe requests following termination of your account and this Agreement.

5.2. Permission Practices.

You agree to import, access or otherwise use only Permission Based Lists in connection with your use of the services. You hereby covenant that you shall not use any other lists in connection with your use of the services. If you have used the Email-M 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. You cannot copy a Email-M template or any other features or functionality from the services and use them for any purpose other than sending email messages from the services. This restriction also applies to customized templates prepared by Email-M's professional services group. As a matter of privacy, Email-M cannot share with you the email addresses of those who complain about your emails.

You are responsible for ensuring that your emails do not generate a number of spam complaints in excess of industry norms. Email-M, 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. Email-M will terminate your use of its services if Email-M determines that your level of spam complaints is higher than industry norms (as determined by Email-M).

5.3. Prohibited Content.

Email-M prohibits the use of the services or web site by any person or entity that:

  • Provides, sells or offers to sell any of the following services or content (or services related to the same): pornography or illicitly pornographic sexual services, including but not limited to magazines, video and software; escort services; dating services; adult "swinger" promotions; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
  • Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.
  • Provides, sells or offers services, 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 services, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips.
  • 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.
  • 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).
  • Sells or promotes any services 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 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.
  • Engages in any defamatory, scandalous, threatening, or 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.
  • Markets to third party voter registration lists.
  • Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.

5.4. Right to Disable Access or Remove Content.

Email-M, at its own discretion, may immediately disable your access to the services or remove all or a portion of your content, without refund, if Email-M believes in its sole discretion that you have violated any of the policies listed above or this Agreement.

6. Restrictions and Responsibilities

6.1. Permitted Use of the services.

The services shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the software services for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the services in any jurisdiction which restricts the ability of a service 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, then you hereby covenant that, prior to engaging in such activities, you will first request that Email-M perform such work at its standard professional services rates. Email-M 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.

6.2. Compliance with Laws; Monitoring.

You shall use the services only in compliance with this Agreement, the federal CAN-SPAM Act of 200310 and regulations thereunder and all other applicable U.S., state, local and international laws. Although Email-M has no obligation to monitor the content provided by you or your use of the services, Email-M may do so and may block any email messages, remove any such content, or prohibit any use of the services that Email-M believes may be (or is alleged to be) in violation of the foregoing.

6.3. Your Information.

In using the varied features of the services, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to Email-M. Email-M may use this information and any technical information about your use of the services to tailor its presentations to you, facilitate your movement through the Product, or communicate separately with you. If you accessed the services as a result of solicitation by a marketing partner of Email-M, Email-M may share your information with the marketing partner and the marketing partner may share related information with Email-M. Except as described above. Email-M will not provide your information, including your contact and account information, to third parties who you have not authorized 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 Email-M account was terminated due to unsolicited commercial email being sent from your Email-M account. Email-M will never sell or rent your contact lists to anyone without your permission, and will never utilize your subscriber or contact list for internal marketing or promotional purposes or for any purpose other than providing the service. Email-M acknowledges your ownership right in your contact lists. In the event Email-M amends or revises the policy described in the immediately preceding sentence, it will provide advance notice of such amendment or revision.

6.4 Intellectual Property Matters.

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 services 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 services, 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 Email-M or to any third party using the services, any communication or content that infringes or violates any rights of any party.

7. Termination

You may terminate this Agreement at any time by calling Email-M Customer Support. There are no refunds for any fees paid. You are responsible for terminating your account and this agreement and Email-M 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.

Email-M may terminate this Agreement or the services, 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. Email-M shall have no liability to you or any third party because of such termination or action.

Email-M 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. Email-M will provide upon request the list of unsubscribe requests from your account. Under the CAN-SPAM Act of 2003, you acknowledge that you are responsible for maintaining and honoring 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 Email-M's sole discretion) as inactive for over 120 days, Email-M has the right to permanently delete your subscriber data. Email-M will use good faith efforts to contact you via email prior to taking any permanent removal actions.

8. Indemnification

You hereby agree to defend, indemnify and hold harmless Email-M and its business partners, third-party suppliers and providers, licensor's, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses 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 or events you host using the services or (iii) arises from your activities or postings on the Email-M Community, (iv) arises from your activities related to Email-M University, (v) otherwise arises from or relates to your use of the services. In addition, you acknowledge and agree that Email-M has the right to seek damages when you use the services 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.

9. 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 at your sole risk. Email-M does not warrant that the services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the services. the services are provided "as is" and Email-M 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 nonperformance of the services shall be for Email-M to use commercially reasonable efforts to adjust or repair the services.

10. Limitation of Liability

To the maximum extent permitted by applicable law, under no circumstances and under no legal theory, tort, contract, or otherwise, shall Email-M or any of its underlying service providers, business partners, information providers, account providers, licensor's, officers, directors, employees, distributors or agents (collectively referred to for purposes of this section as "Email-M") be liable to you or any other person for any money damages, whether direct, indirect, special, incidental, cover, reliance or consequential damages, even if Email-M 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, Email-M 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 Email-M to you arising in connection with this agreement shall be limited to the amount you paid for the services in the twelve (12) months prior to the accrual of the applicable claim, less any damages previously paid by Email-M 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.

11. Restricted Persons; Export of services or Technical Data

You hereby warrant that you are not a Restricted Person. For purposes of this Agreement, you are a Restricted Person if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using the services is (1) a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (2) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (3) listed on the Denied Persons List or Entity List by the U.S. Commerce Department; (4) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (5) owned, controlled, or acting on behalf of a Restricted Person. If you become a Restricted Person during the term of this Agreement, you shall notify Email-M within twenty-four (24) hours, and Email-M shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you, but without prejudice to your outstanding obligations to Email-M.

12. No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Email-M of that third party or of any product or service provided by a third party.

13. Notice and Take Down Procedures; Copyright Agent

If you believe any materials accessible on or from this web site or the services infringe your copyright or other intellectual property, you may request removal of those materials (or access thereto) from this web site or the services by contacting Email-M's copyright agent.

In an effort to protect the rights of copyright owners, Email-M maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.

14. Username and Password

You are responsible for maintaining the security of your account, passwords, and files. Email-M will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password or provides other appropriate account identifying information as determined by Email-M in its discretion, by email or by phone, or through a Third Party Service, if any, through which you access the services. Email-M has no knowledge of your organizational structure, if you are registering for the services as an entity, or your personal relationships, if you are a person. Email-M shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password or other appropriate account identifying information

15. Miscellaneous

15.1. 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.

15.2. Email-M 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.