Terms & Conditions

MARKETMAILER - SITE OWNER AGREEMENT AND SOFTWARE LICENSE TERMS

Marketmailer (the "Services"), a product of SCL Internet ("SCL"), provides businesses and web site operators a software application to create, launch, and manage online email campaigns and newsletters. The Service may not be used for the sending of unsolicited email (sometimes called "spam").

By clicking the 'I accept these terms and conditions' button and purchasing a subscription to MarketMailer, you accept these terms and conditions.

  1. Services and Support
    1. All Services provided by Marketmailer are subject without limitation to this Agreement. The services are also subject to MarketMailer’s Privacy Policy and MarketMailer’s Anti-Spam Policy. SCL Internet may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. Updated versions of this Agreement on the Services will be posted on the Terms & Conditions page on MarketMailer.co.uk. All changes become effective upon the posting of the revised Agreement on the Services.
    2. The Services are available only to persons who can form legally binding contracts.
    3. You must complete the registration form on the Sign Up page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. You are responsible for maintaining the security of your account, passwords, and files and for all uses of your account and of the Services in your name. SCL Internet reserves the right to refuse registration of, or cancel, accounts it deems inappropriate. MarketMailer may contact it's clients at any time to discuss products and services.
  2. Fees
    1. The Services will be subject to monthly subscription fees. Once a subscription has been purchased, you will be charged on the day of purchase, and the same day of each month after, until such time as the contract is ended.
    2. Monthly subscriptions are billed monthly, in advance, according to the Fee Schedule selected by you at sign up. The Fee Schedule, including subscriber levels and prices, are subject to change at any time.
    3. Payment of your MarketMailer Subscription will be made by a valid credit card accepted by Quattro Web Solutions on behalf of SCL Internet using the PayPoint transaction system. You hereby authorize Quattro Web Solutions, acting as Agent for SCL Internet, to charge your credit card for such amounts on a regular basis, generally on the renewal date of your Subscription to MarketMailer. Fees are payable in GB Pounds. If Quattro Web Solutions is for any reason unable to effect automatic payment via your credit card, you will be notified via email and your MarketMailer account will be disabled until payment is received.
    4. Given at least 5 working days notice in writing SCL may offer at their discretion to make a full or partial refund of unused Credits for the remaining period to the MarketMailer Subscriber.
  3. Restrictions and Responsibilities
    1. This is an Agreement for Services. You are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
    2. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programmes.
    3. You acknowledge and agree that MarketMailer and the SCL Internet company names and logos and all related product and service names, design marks and slogans, are the property of SCL Internet or its affiliates or suppliers. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of SCL Internet. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks.
    4. You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement, the US CAN-SPAM Act and the European Privacy Directive and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless SCL Internet against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable legal fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of MarketMailer. Although SCL Internet has no obligation to monitor the content provided by you or your use of the Services, SCL Internet may do so and may remove any such content or prohibit any use of MarketMailer it believes may be (or is alleged to be) in violation of the foregoing.
    5. Every email message sent via MarketMailer must contain an "unsubscribe" link that allows visitors to remove themselves from your mailing list. You agree that you will not remove, disable or attempt to remove or disable either link. SCL Internet may immediately disable your access to MarketMailer if you violate this restriction.
    6. The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates European Community or United Kingdom legislation or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libellous, or in any way a violation of intellectual property laws or a third party's intellectual property rights.
    7. For every email message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating "Powered by MarketMailer" or a similar message. You agree to cooperate with and provide reasonable assistance to SCL Internet in promoting and advertising MarketMailer.
    8. Marketmailer and SCL Internet will not share information you may upload (such as email addresses, name, contact information, or other registration information) to MarketMailer. SCL 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 Service, or communicate separately with you. If you licensed the Services as a result of solicitation by a Reseller or Franchisee of MarketMailer, MarketMailer may share your information with the Reseller or Franchisee.
    9. SCL Internet will not use your customer list or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties. MarketMailer will not use your customer information for the purpose of sending unsolicited commercial e-mail.
    10. You will adopt and maintain the Email Privacy Policy and the Anti-Spam Policy, which may be modified by SCL from time to time.
  4. Termination
    1. You may terminate this Agreement at any time by sending an email message to support@Marketmailer.co.uk or by sending written notice to SCL Internet at PO Box 8, Cardigan, SA41 3YA, UK.
    2. SCL Internet may immediately terminate this Agreement and suspend access to MarketMailer without refund if you are in violation of any of terms outlined in Section 3. Restrictions and Responsibilities.
    3. SCL Internet will delete any of your archived data within 30 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
    4. If you do not log into your account for more than 90 days, the account will become inactive. When an account is classified as inactive, SCL Internet will notify you by email.
    5. If your account remains inactive for more than 1 year, the account may expire and be deleted from our servers. The contents of deleted accounts are also removed and cannot be retrieved.
  5. Warranty Disclaimer Remedies
    1. 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. SCL 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 SCL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
  6. Limitation of Liability
    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SCL OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "SCL") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF SCL 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, SCL 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 LIABILITY OF SCL TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
  7. Miscellaneous
    1. If any provision of the Agreement is found to be un-enforceable or invalid, that will not prejudice or effect all other terms of this Agreement from remaining in full force and effect.
    2. 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 the Agreement. Any waivers and modifications must be in a writing an signed by both parties. 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.
    3. By registering your details with MarketMailer you agree that we may contact you with important information relating to the software.
    4. No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind SCL Internet in any respect whatsoever.
    5. In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and legal fees.
    6. The Agreement shall be governed by the laws of the Channel Islands and the United Kingdom without regard to its choice or law or conflict of laws provisions.