SmartMailer (“Service”) is a service that provides people with a means to collect email addresses and to create, send and track email promotions. This service may not be used for the sending of unsolicited email ("spam"). By signing up or by using the site, you accept these terms and conditions.
You acknowledge and agree that SmartMailer may occasionally send you communications regarding your account or the Service via email.
One company or organization can have only one account for using the Service.
You must be a registered user to access the Service. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name.
All email lists contained and sent to using Service must be permission-based subscriptions. It is absolutely never acceptable or allowable to use a list that has been purchased, rented or from a third-party.
We allow sending only relevant content, which is requested by subscribers and corresponds to CAN-SPAM Act. You can’t send pornography, affiliate materials, pyramid schemes, forex, gambling, weight loss material or offer illegal goods and services. You can send newsletters using SmartMailer only if content is created by you (or you have the right to use it).
Creating multiple accounts with overlapping uses (similar email content, same links or same FROM email) or in order to evade the permanent suspension of a separate account is strictly forbidden.
In no event shall SmartMailer be liable for any indirect, special, incidental or consequential damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or the materials therein or resulting from unauthorized access to or alteration of data.
We reserve the right to terminate your account at any time. You also have the option of canceling your account at any time without penalty. In the event of account cancellation you will lose all data related to Your account.
We are required to provide a refund only if we terminate our Services to you without cause before the end of a year for which you have paid. There is no other circumstance in which you will be entitled to a refund from us. We do not provide refunds if your account is suspended because of violation of our Anti – Spam Policy or Terms of Service. We do not refund if it turns out that you’re sending (or going to send) newsletters without having permission from your subscribers.
We may, at our sole discretion, offer refunds in other situations subject to any member seeking such refund applying for the refund in accordance with the requirements we post on the website, which may be changed from time to time.
You may not cheat by deleting subscribers and uploading new ones in order to send newsletters to more unique users than your plan allows. Emails are unlimited in all plans but the number of subscribers is limited. You must upgrade your plan if you want to add new subscribers to your account.
We may modify or terminate our services at anytime, for any reason, and without notice. We reserve the right to modify these Terms of Service at any time without notice. Please review these Terms of Service on occasion as they may change in the future. We may, but have no obligation to, remove accounts and content containing what we determine as unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. We will remove content that violates any party’s intellectual property or these Terms of Service.
SmartMailer claims no intellectual property rights over the material you provide to the Service. You acknowledge that SmartMailer owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.
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