Terms of Use

Terms of Use

Thanks for using Mail Marketing. Please read these Terms carefully. By using Mail Marketing or signing up for an account, you’re agreeing to these Terms. This is a legal agreement. We’ll start with the basics, including a few definitions that should help you understand this agreement. Mail Marketing (“Mail Marketing” or the “Service”) is an email service offered through the URL www.Mail Marketing.com (we’ll refer to it as the “Website”) that allows you to create, send, and manage email newsletters (each message is called an “Email”) to individual recipients. Mail Marketing is owned and operated by McLoud ltd, Mail Marketing, a UK limited liability corporation (“Mail Marketing,” “we,” or “us”). Mail Marketing has employees, independent contractors, and representatives ("our Team"). As a customer of the Service or a representative of an entity that’s a customer of the Service, you're a “Member” according to this agreement (or “you”). These Terms of Use define the terms and conditions under which you’re allowed to use Mail Marketing and how we’ll treat your account while you’re a Member. If you have any questions about our terms, feel free to contact us.

ACCOUNT

1. Eligibility

In order to use Mail Marketing, you must:

• 1. be at least eighteen (18) years old and able to enter into contracts;
• 2. complete the registration process;
• 3. agree to the Terms; and
• 4. provide true, complete, and up to date contact information.

Represent and Warrant

“Representing and warranting” is like making a legally enforceable promise.

2. Term

The Term begins when you sign up for Mail Marketing and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for Mail Marketing on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

3. Closing Your Account

You or Mail Marketing may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we'll refund a prorated portion of your monthly prepayment or reimburse you for unused Email Credits. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as "inactive" and permanently delete the account and all the data associated with it.

Acceptable Use Policy

Our Acceptable Use Policy sets some rules that you have to follow as a Mail Marketing user. Some are dictated by the law, some are common sense (do unto others), and some are based on our experience in delivering email.

4. Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and they will apply to any continued or new use of Mail Marketing. We may change the Website, the Service, or any features of the Service at any time.

5. Account and Password

You’re responsible for keeping your account name and password confidential. You’re also  responsible for any account that you have access to, whether you authorized its use or not. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password and, for security reasons, we may only reset your password.

6. Account Disputes

We don’t know the inner workings of your organization or the nature of your personal relationships, and we don't arbitrate disputes over who owns an account. You won't request access to or information about an account that's not yours, and you'll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we'll rely on the contact information listed for that account.

PAYMENT

7. Monthly Plans

Our charges for monthly plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same date, or the closest date, in that month, to the day you signed up with us and made your first monthly payment (the "Pay Date"). If you go over your sending limits and reach another pricing level, then you'll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level.

8. Pay as You Go Plans

You may buy Email Credits to use our Services, as we explain on the pricing page of our Website, instead of signing up for a monthly plan. If you choose a Pay as You Go Plan, you’ll still be considered a Member, and other than the monthly payment requirement, all the terms of this Agreement will still apply to you. Email Credits for Pay as You Go (prepaid) accounts roll over and don’t expire, but if you’re inactive for more than 12 months your account may be deleted.

9. Credit Cards

As long as you’re a Member or have an outstanding balance with us, you'll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed. Sorry, we don’t accept T-shirts or other forms of barter at this time.

10. Refunds

We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that's not laid out in these Terms or our Acceptable Use Policy. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.

11. Changes

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

RIGHTS

12. Proprietary Rights Owned by Us

You shall respect our proprietary rights in the Website and the software used to provide Mail Marketing (proprietary rights include patents, trademarks, service marks, and copyrights). In any case please contact us using the mail form on the web site.

13. Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all of the documents in your Emails. You retain ownership of the materials you upload to the Service. We may use or disclose your materials only as we describe in these Terms and our Privacy Policy.

14. Privacy Policy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

15. Right to Review Email Campaigns

RULES AND ABUSE

16. General Rules

You promise to follow these rules:

• 1. You won’t send Spam! By “spam,” we mean the definition on the Spamhaus website.
• 2. You won’t use purchased, rented, or third-party lists of email addresses.
• 3. You won’t violate our Acceptable Use Policy, which is part of this Agreement.
• 4. If you use our API, you'll comply with our API Use Policy.