Services and Support
- The Services are provided subject to this Agreement, as it may be amended by SendMod, and any guidelines, rules or operating policies that SendMod may establish and post from time to time. By posting updated versions of the Agreement at the SendMod web site, or otherwise providing notice to you, SendMod may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service.
- The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
- The Services enable corporate web sites, small business web sites, and community sites to sign up web site visitors, collect and retrieve visitor sign-up data, and develop and execute e-mail communications with visitors and other targeted prospects.
- Both the number of e-mail messages sent and the number of Kilo Bytes of data transferred are metered by SendMod. Normal SendMod accounts allow you to send an unlimited number of e-mail messages. The total Kilo Byte data transfer of each message can be no more than 100 KB.
- All e-mail delivery prices are subject to change at any time. All fees paid to SendMod for SendMod are non-refundable, unless an account is terminated by SendMod for a reason other than violation of the Anti-SPAM Policy. Payment for Services will be made by a valid credit card accepted by SendMod, unless other payment arrangements have been made between you and an authorized SendMod representative. You hereby authorize SendMod to charge your credit card for such amounts whenever you send a campaign to more than 50 recipients. Fees are payable in US dollars. If SendMod is for any reason unable to effect automatic payment via your credit card, you will be notified via e-mail. All prices are subject to change and you are responsible for reviewing the Pricing Schedule from time to time and remaining aware of the Fees charged by SendMod.
- For all accounts, SendMod may charge an account re-activation fee should an account need to be re-activated by customer after an account has become de-activated due to non-payment or an untimely authorization for payment.
- You must complete the registration form on the Sign-Up page in order to use the Services. You agree to provide true, accurate, current, and complete information about yourself as requested in the registration form. As part of the registration process, you will identify an e-mail address and password for your SendMod account. 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. SendMod reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
- It is understood that SendMod makes no guarantee that HTML messages will be rendered properly on all recipients’ e-mail programs, due to the wide variety of HTML generation tools available. SendMod makes every attempt to make sure that all e-mail messages sent through our servers follow e-mail standards, but we cannot guarantee that messages will look consistent across all e-mail platforms due to the number of different HTML composition tools available. For best results SendMod recommends, but does not guarantee, the use of HTML editors that generate HTML that adheres to W3C standards.
Restrictions and Responsibilities
- This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You agree not to, 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. The Services shall be used for your internal business (which includes civic or charitable) purposes only and you shall not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. 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 Programs.
- You acknowledge and agree that the Services and the SendMod company names and logos and all related product and service names, design marks and slogans, are the property of SendMod or its affiliates or suppliers (collectively, the “Marks”). 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 SendMod. 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. All ownership rights remain in SendMod or its third party suppliers, as the case may be.
- You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all 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 e-mail to any third party. You hereby agree to indemnify and hold harmless SendMod against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ 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 the Services. Although SendMod has no obligation to monitor the content provided by you or your use of the Services, SendMod may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
- The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States, Turkish or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party’s intellectual property rights.
- In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to SendMod. SendMod 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.
- SendMod will not use any of your subscriber lists 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. In addition, SendMod will not use your customer information for the purpose of sending unsolicited commercial e-mail.
- You may not use SendMod to send e-mail campaigns that link to or display sexual abuse in any way, nudity, obscene content, hate, racist or discriminative expressions, alcohol or drug sales or distribution, gambling related content, pharmaceutical related content, illegal software, viruses, or to distribute any other content that we deem inappropriate. In case such content is sent via SendMod, SendMod shall take no responsibility and the user agrees and undertakes to indemnify and keep SendMod harmless against any and all third party claims.
- Maintaining the confidentiality of any account name and password provided to you is your responsibility. You are solely responsible for uses of any account provided to you, whether or not authorized by you. You agree not to share your password with anyone. You also agree and accept to immediately notify us of any unauthorized use of any account of yours and assist us with the actions we may choose to take.
- You acknowledge and accept that SendMod owns all proprietary rights in the website and the Software used to provide the Services, including, but not limited to, any patents, trademarks, service marks and copyrights.
- You agree and accept that SendMod reserves the right to change its fees at any time by posting a new fee structure to the website and/or sending you a notification of the change by e-mail.
- First, you should sign up with PayPal and have a verified PayPal account in good standing. During sign up, you can link your debit card or credit card to your PayPal account. You can also add money to your PayPal account via their “Top Up”. For your protection, your personal financial information is stored securely with PayPal and never shared with the sellers.
- If you choose PayPal when paying for your items, you’ll be asked to log into your PayPal account using your e-mail address and password. Click to confirm your payment and then you’re done.
- When you approve a purchase via PayPal, the purchase amount (including tax and expenses) shall be collected from your PayPal account. When the purchase is finalized, you will receive an approval e-mail including all cancellation/penalty information.
- You may choose to withdraw from the Agreement within 7 days of its execution, however in any case before the utilization of the Services.
- You may terminate this Agreement at any time by sending an e-mail message to firstname.lastname@example.org. Correspondence must include your first name, last name, and SendMod username. No refunds will be issued if you terminate this Agreement.
- SendMod may terminate this Agreement or the Services at any time with or without cause, and with or without notice. SendMod shall have no liability to you or any third party because of such termination. If SendMod terminates this Agreement because you violated the Anti-SPAM Policy, no refund will be issued.
- SendMod may delete any of your archived data within 15 days after the date of termination. All sections of this Agreement which by their nature should survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability, will survive termination.
- If you do not log into your account for more than 120 days, the account will become inactive. When an account is classified (at SendMod’s sole discretion) as inactive, SendMod will flag that account as inactive. FOLLOWING THEIR INACTIVATION DATE, INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER SIGNUPS, MAY BE PERMANENTLY REMOVED FROM THE SendMod DATABASE.
Refunds and chargebacks
As a company policy, we do not provide partial refunds for unused monthly plans or pay as you go credits, unless a system malfunction caused a problem.
Email delivery is a complicated process and the successful email delivery mostly depends on the sender (you) reputation, list hygiene, email content and delivery history of the sender. Therefore, our advanced email delivery systems will do their best to deliver your emails to the recipient mail servers but delivering it into the inbox depends on you. Therefore, full or partial refund due to spam folder delivery is not possible and will not be accepted.
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. SendMod DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS AND PROFITS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND SendMod DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for SendMod to use commercially reasonable efforts to adjust or repair the Services.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SendMod OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, OWNERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “SendMod”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF SendMod SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT SendMod 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 SendMod 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.
- If any provision of the Agreement is found to be unenforceable or invalid, that provision will be construed to be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
- SendMod and you agree that the 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, 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.
- The minimum duration of the Agreement shall depend on the type of service. The Agreement shall remain valid, depending on such type, provided, however, SendMod shall be entitled to cease delivering services, any time at its sole discretion, and upon such, this Agreement shall be deemed to have been terminated, without the need for any additional notification.
- 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 SendMod in any respect whatsoever.
- In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.
- The Agreement shall be governed by the laws of Turkey without regard to its choice or law or conflict of laws provisions. In case your applications regarding complaints or objections are within the monetary limits determined by Ministry of Industry and Trade, which is TL 1,031.87 for 2011, you may apply to the consumer issues arbitration committee, if it is above such limit, you may apply to the consumer court at the place of your purchase or at your residence. If you are not subject to the jurisdiction of Turkey, all legal actions in connection with the Agreement shall be brought in the courts and execution offices located in Istanbul, Turkey.
- All information under this Agreement is provided for commercial purposes.
It is understood that in order to use SendMod, a stable connection to the Internet is required. Other system requirements may change due to technological developments and if you cannot use SendMod due to failure of compliance with system requirements, the subscription price for the failed period will be returned.
Compliance rules for sending e-mail
- All SendMod customers must follow the rules of the USA Federal CAN-SPAM act and SendMod’s Anti-SPAM Policy when sending e-mail through the Service. Accordingly, we require the following of e-mail messages sent through the SendMod system:
- All e-mails must contain a one-click unsubscribe link of SendMod. SendMod scans every campaign for the existance of an unsubscribe link. If an unsubscribe link is not detected, the user is informed and is recommended to include an unsubscribe link before continuing.
- All e-mails must contain non-Internet contact information of the sender, such as your company’s address, or your company’s phone number.
- All e-mails must state the reason the recipient is receiving the message. For example, “You are receiving this message from ABC Company because you signed up for our e-mail list at www.abc.com.”
- These 3 guidelines will help ensure that SendMod maintains its reputation and white-listing status with a number of major ISPs and whitelisting programs. If at any time your campaign is flagged as SPAM by an AOL, Hotmail or other e-mail services, SendMod reserves the right to cancel your account without notice.
E-mail and Permission Practices
- Every e-mail message sent in connection with the Services must contain the “unsubscribe” link of SendMod. Each such link will remain operational for a period of thirty (30) days after the date on which you send the message. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link.
- You agree to import, access or otherwise use only permission-based lists, such permission may have been obtained in written form or by electronic communication devices (note: purchased lists may not be used; please contact SendMod if you have questions). Contents of the e-mails sent to recipients have to be in line with the permission and they should include information sufficient to identify the sender, subject and purpose and also a physical address and e-mail address.
- You cannot mail to distribution lists, newsgroups, or spam e-mail addresses.
- SendMod will monitor, correct and process unsubscribe requests within 3 days. However updating the e-mail addresses to which messages are sent through your SendMod account is your responsibility.
- E-mails that you send through the Service may generate abuse complaints from recipients. As a matter of privacy, SendMod cannot share with you the e-mail addresses of those who complain about your e-mail campaign. You are responsible for ensuring that your e-mail campaigns do not generate a number of abuse complaints in excess of industry norms. SendMod, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.
- SendMod, at its own discretion, may immediately disable your access without refund to the Services if SendMod believes in its sole discretion that you have violated any of the e-mail and permission practices listed above, or the SendMod Anti-Spam Policy.
- If your account is cancelled by SendMod for any reason, you may not access to SendMod Services again under any other name.
- You represent and warrant to us that you will not add or upload any content to the website to create an electronic newsletter, or for any other purpose unless you are the owner of all proprietary rights in that content (or have been given a valid license from the owner of the proprietary rights in such content) and have obtained releases for all related privacy and publicity rights.
For Requests and Complaints