Mailigen Terms and Conditions
Our terms are intended to define our superior service and compliance with anti-spam regulations. By using Mailigen, you are agreeing to be bound by the policies stated therein. With this in mind, we recommend you take a few moments and have a read through.
Mailigen makes a total commitment to the privacy of the information that you provide us with.
Spammers better look elsewhere !
We really shouldn't have to say this because it's a bit of a no-brainer but here goes:
Spamming is not cool, people!! We do not tolerate spam.
IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL NOT BE ALLOWED TO USE THE SERVICES. THIS IS AN AGREEMENT FOR SERVICES AND YOU ARE NOT BEING GRANTED A LICENSE TO ANY SOFTWARE UNDER THIS AGREEMENT.
You are responsible for assuring that all the terms and conditions of this Agreement are complied with.
Service & Support
1. Mailigen provides on demand software and services ("Services") for the electronic distribution of customer created and/or approved content to customer's list of contacts ("Recipients"). Among other email marketing tools, we provide customer support, email delivery mechanisms, web form builder, online surveys, SMS or text messaging and other advanced automation features. Mailigen assumes that its Services are used by you for business purposes. Our customers retain and authorize Mailigen to transmit messages and provide information to their Recipients on their behalf. In the course of providing those Services, Customers provide us with personal information relating to their Recipients.
2. 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, you are not permitted to use the Services.
4. You must complete the signup form in order to use the Services. You agree that all information provided by you in connection with the registration and sign-up process will be true, accurate, current, and complete. As part of the registration process, you will identify a username and password for your Mailigen 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. Mailigen reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
Customer Restrictions and Responsibilities
1. This is an Agreement for Services, and 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 or the Mailigen software ("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 purposes only (civic or charitable) 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.
2. You acknowledge and agree that the Software and the Mailigen company names and logos and all related product and service names, design marks and slogans, are the property of Mailigen 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 Mailigen. 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, except as explicitly granted herein. All ownership rights remain in Mailigen or its third party suppliers, as the case may be.
3. 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 email to any third party. You hereby agree to indemnify and hold harmless Mailigen 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 Mailigen has no obligation to monitor the content provided by you or your use of the Services, Mailigen 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.
4. Every email message sent in connection with the Services must contain an "unsubscribe" link that allows visitors to remove themselves from your mailing list. You acknowledge and agree that you will not remove, disable or attempt to remove or disable such link. You agree to only import permission-based lists (note: purchased lists may not be used, please contact Mailigen if you have questions). You cannot mail to distribution lists (without permission), newsgroups, or spam email addresses. You cannot copy any Software template and use the design for purposes other than sending emails using the Services. Mailigen, at its own discretion, may immediately disable your access to the Services without refund if Mailigen believes in its sole discretion that you have violated any of the restrictions listed above.
5. Without any limitations, the Customer is particularly obliged not to send unsolicited messages ("spam"). Mailigen may not be used to send emails to individuals that have not opted-in to receive information via email from your company.
6. For every email message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating "Email Marketing by Mailigen" or a similar message unless you have purchased PRO user package and have option to remove footer. You agree to cooperate with and provide reasonable assistance to Mailigen in promoting and advertising the Services.
7. Mailigen will not use your customer list or any other customer information for any purposes other than those intended with the Services. Your customer information will not be shared with any other parties. In addition, Mailigen will not use your customer information for the purpose of sending unsolicited commercial e-mail.
8. Mailigen requires all new accounts to be reviewed by the Mailigen staff in order to verify that no spam and/or illegal contents will be sent through our network. A hold limit for sending may be placed in the account until the reviewing process is completed.
9. As an End User of the Service, you will receive an end user account and password to access said account. You are solely responsible for maintaining the confidentiality and security of your account and password. You are solely responsible for any and all activity that occurs within your end user account while using the Service, including, but not limited to, the content located in all electronic mail messages sent through the Service from your account. You may modify or change your password at your sole discretion, at any time, by following the instructions located on the Mailigen web site. You expressly agree to promptly notify Mailigen of any unauthorized use of your account or any other breach of security.
Special Email Provisions
1. Adding New Members: You will use a "single opt-in" or "double opt-in" (signup plus confirmation) subscription method for all new list members. For the purpose of this Agreement, a "double opt-in" method shall mean that when you add a new member's email address to the list, that email address shall not be activated unless and until the new member receives a single confirmation email from you requesting the member's consent to be added to the list, and Mailigen receives from the new member a confirmation action (such as a confirming email from the new member's email address) approving such action. The confirmation email sent by the Customer to new members may not include advertising or calls-to-action other than an appeal to confirm the member's subscription.
2. Importing Members: You may only import members previously obtained directly by you using the "single opt-in" or "double opt-in" (recommended) procedures described above. You may not import opt-out members directly into your list under any circumstances. You MAY NOT import members from co-registered or purchased sources, regardless of the confirmation status of said members.
Prohibited Content & Industries
Mailigen prohibits the use of the Services by any person or entity that engages in any of the following:
- Provides, sells or offers to sell the following products or content (or services related to the same): pornography or illicitly pornographic sexual products; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons
- Displays material that exploits children, or otherwise exploits children under 18 years of age
- Provides, sells, or offers to sell or rent any mailing list
- Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online pharmacies, pharmaceutical products, nutritional supplements, herbal supplements, vitamin supplements, work at home businesses, credit or finance management, mortgage and debt relief offers.
- Introduces and advertises online trading, day trading tips, penny stock or stock market & business investment related content
- 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 case of a minor)
- Sells or promotes any products 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
- Markets or promotes any form of online or offline gambling
- Promotes, solicits or participates in pyramid schemes or multi-level marketing (MLM) businesses
- Engages in any libelous, defamatory, scandalous, threatening, 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
- Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner
Mailigen reserves the right to prohibit the use of the Services by any person or entity if Mailigen, believes in its sole discretion, that such use may violate any federal, state or local, law, rule or regulation.
Sending unsolicited commercial email is forbidden, see our Anti Spam Policy for more details. If you are unsure about how this applies to your email content, please contact our Technical Support Team before using the service.
Subscription & Payments
1. Free Trial Period
In the event Customer elects to use the Services on a trial basis, Customer will not be billed for such use for a period of thirty (30) days commencing on the date Customer accepts this Agreement (as indicated below) (the "Trial Period"). During the Trial Period, Customer may use the Services subject to the subscriber limits posted on the Site. The subscriber limits for the Trial Period are subject to change at any time. Once Customer completes its free trial period or exceeds the free subscriber limit (even if Customer manually removes names from its subscriber list), whichever occurs first, the Trial Period will terminate. Upon such termination, Customer may purchase a monthly or annual subscription for the Services.
Trial accounts are limited to 20 subscribers and may send up to 100 emails. Every message is subject to manual message review during the trial period. Messages may be delayed as a result. You may upgrade your account at any time. If you have not upgraded your account by the end of the thirty (30) day trial period, you may log in and manage your lists, but you will not be able to send messages. Mailigen has a no tolerance spam policy that we take very seriously. Your account will be terminated if you send unsolicited email messages.
2. Epic Free account
In the case of the Epic Free email marketing account, customer will not be billed for use of the service as long as the customers subscriber list does not exceed 5,000 subscribers. Program terms require customers to use Mailigen signup forms to build their list.
3. Monthly Plans
In the case of the Monthly Plan, you will be billed monthly. If the monthly pre-payment subscription payment option is selected, you hereby authorize Mailigen to charge your credit card for such amounts on a monthly basis; generally on the first day of each month. Fees are payable in US dollars. If you choose to pay fees with a credit card you agree to pay them in the form of a recurring payment, under which the subscription fee is deducted automatically basing on the Account plan you have chosen. The recurring payment is initiated on the first day after the expiration date of the previous subscription (hereinafter referred to as the "recurring payment date"). If Mailigen is for any reason unable to receive an automatic payment via your credit card, you will be notified via email and your Mailigen account may be disabled and/or the your ability to use the Services suspended, until payment is received. Monthly pricing will vary based upon subscriber count; you are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by Mailigen.
Our charges for monthly plans are posted on our Website and may be changed from time-to-time. Payments are due for the full month for which any part of the month is included in the "Term." Payments are due for any month on the same date, or the closest date in that month, to the date of the month you signed up with us and made your first monthly payment (the "Pay Date"). For any month for which you have already paid, for which you increase either your number of email addresses or the number of Emails you send out to an amount that causes you to go to another pricing level, except as otherwise provided in this Agreement, you will be required to pay at the higher level on or before the Pay Date for the following month.
If the number of subscribers stored in Customer's account exceeds the subscriber level purchased, Customer's access to and use of the Services will be disabled until either the number of subscribers stored in its account is reduced or Customer upgrades its subscriber level to at least equal the number of subscribers stored in its account. Customer's subscriber level may be upgraded (but not downgraded) at any time during the term of this Agreement. The total number of emails per month that may be sent by each Customer using the Service cannot exceed six (6) times the subscriber level limit. For example, if a Customer's subscriber level limit is 100,000, Customer can send up to 600,000 emails per month. If Customer requires a sending limit higher than six (6) times Customer's subscriber level limit per month, Customer should contact Mailigen’s sales team at firstname.lastname@example.org
As long as you are a Member or have an outstanding balance with us, you agree to at all times provide us with valid credit card information. Any individual using a credit card represents and warrants that he or she is authorized to use such credit card and that any and all charges may be billed to such credit card and will not be rejected.
Whenever you increase the number of email addresses you are using or the number of Emails that you are going to be sending so that you are at a more expensive level, we may, at our sole discretion, require you to pay the difference in the monthly payment before the next Email is sent out.
Paid Subscription Fees are non-refundable. Customer acknowledges that from time to time, delivery of email messages sent using the Services may be blocked or prevented at destination email servers. Customer's payment obligation set forth herein continues regardless of whether delivery of such email messages is prevented or blocked by a third party.
You may elect to buy "Email Credits" to use our Services, as explained on the "Pricing" page of our website, rather than sign up for a monthly plan. If you elect a "Pay-as-You-Go Plan," you will still be considered a "Member" and all the terms of this Agreement will still apply to you other than the requirement that you pay us monthly.
For pay-as-you-go (prepaid) accounts, your email credits "roll over" and do not expire. However, if you do not log in to your account at least once for 12 months, your account (including all campaigns, lists, and other data) may be deleted permanently from our system.
You agree to pay for all emails you send from your account, even if messages are blocked by any third party (we have no control over your recipients' email servers, ISP availability, personal spam filter settings, etc)
Disclaimer & Warranties
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. All content, tools, functions and services provided by Mailigen on an “as is” and “as available” basis. Mailigen expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Mailigen makes no warranties that the Service will meet your requirements and/or be uninterrupted, timely, secure or error-free. Mailigen makes no warranty regarding any goods or services purchased or downloaded through the use of the Service or any third-party links or any information obtained or transactions entered into through the use of the Service. No advice or information, whether oral or written, obtained by you from Mailigen shall create a warranty not expressly stated herein. Furthermore, Mailigen makes no warranties concerning the suitability of the content provided through the Service for any purpose.
2. Your sole and exclusive remedy for any failure or nonperformance of the services shall be for Mailigen to use commercially reasonable efforts to adjust or repair the services.
3. Mailigen guarantees an average up-time of 99.5% per month of the Service on the condition of full availability of the services of its Internet and Telecom Providers.
4. Mailigen does not guarantee any minimum response times nor deliverability times in connection with performance of the Service.
5. Customer's using SMS or Text Messaging service should be aware that the Sender ID feature only applies to network operators who support this feature. For example, you cannot use custom Sender IDs when delivering messages to the United States of America or Canada due to certain limitations with USA and CAN network operators. The messages might be delivered from randomly assigned number instead.
Termination / Cancellation Policy
1. The Customer may terminate the Service at any time with effect from the day in which the paid subscription has expired. Termination of the Service does not affect the Customer’s obligation to pay any late payments related to the use of the Service.
3. If the Customer wishes to terminate the Service, they are required to send a cancellation request to the Billing Department at: sales (at) mailigen.com and provide at least the account name and the email address, no later than two business days prior to the recurring date.
4. The Customer may also manually terminate the Service by closing the account within Settings section of Mailigen account, when logged in.
5. Mailigen reserves at its sole discretion the right to terminate the Mailigen account in the event of not receiving a due payment or a recurring payment.
6. Mailigen may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Mailigen shall have no liability to you or any third party because of such termination. If Mailigen terminates this agreement because you violated the Anti-SPAM Policy, no refund will be issued.
7. Emails that you send through the Service may generate abuse complaints from recipients. As a matter of privacy, Mailigen cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. Mailigen, 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.
Mailigen, at its own discretion, may immediately disable your access without refund to the Services if Mailigen believes in its sole discretion that you have violated any of the email and permission practices listed above, or the Mailigen Anti-Spam Policy.
8. We are required to provide a refund only if we terminate our Services to you without cause before the end of a month for which you have paid. There is no other circumstance in which you will be entitled to a refund from us. 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.
9. Refund policy for monthly paid Account: When you upgrade to a Paid Account, the Mailigen billing system charges your credit card for the initial billing period. After that, the billing system automatically renews your Account every 30 days, (or on the first day after the expiration date of the previous subscription) and charges the appropriate amount to your credit card. If you wish to disable automatic payment option, log in to your Mailigen account and go to invoices section to change auto payment settings.
Limitations of Liability
1. To the maximum extent permitted by law, under no circumstances and under no legal theory, tort, contract, or otherwise, shall Mailigen 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 “Mailigen”) be liable to you or any other person for any money damages, whether direct, indirect, special, incidental, cover, reliance or consequential damages, or for any claim by any other party. In the event that notwithstanding the foregoing, Mailigen is found liable to you for damages from any cause whatsoever, and regardless of their form of the action (whether in contract, tort (including negligence), product liability or otherwise), the liability of Mailigen to you will be limited to the amount you paid for the service as of the date of the claim, loss, or damage. In the event of any failure, or Mailigen non-provision, of the Services (or the Professional Services), Customer's sole and exclusive remedy shall be for Mailigen to use commercially reasonable efforts to repair or provide the Services.
2. This Service shall be interpreted and construed according to, and governed by, the laws of Hong Kong, excluding any such laws that might direct the application of the laws of another jurisdiction. The law of Hong Kong and the court of local jurisdiction of Mailigen Limited shall be the governing jurisdiction. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
1. Intellectual property notices
All content on Mailigen.com, including the logo, articles, other text and graphics are the intellectual property of Mailigen.com and protected trademark, trade dress, patent, copyright and other laws. You may not reverse engineer, decompile, or disassemble any software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Each party shall retain in confidence all proprietary and confidential information transmitted to the other that the disclosing party has identified in writing, or orally and then subsequently identified in writing, as being proprietary and/or confidential, and will make no use of such information except under the terms and during the Term of this Agreement. During the term of this agreement, and after the termination of this agreement, we will use all reasonable precautions and take all necessary steps to prevent your distribution lists from being acquired by unauthorized persons. We will not share (unless required by law), sell or otherwise distribute the confidential information in your account. You agree to use all reasonable precautions and take all necessary steps to prevent our confidential information, data, scripts, object code, source code, programs, business plans, business models, business concepts, communications and any and all further confidential information from being acquired by unauthorized persons, and to take appropriate action, by instruction, agreement, or otherwise, with regard to all persons permitted access to our owned confidential information and data, in order to ensure our confidential information and data are protected. Client shall not disclose any of our confidential information to any person for any purpose other than as provided in this Agreement. However, neither party shall have an obligation to maintain the confidentiality of information that (a) it has rightfully received from another party prior to its receipt from the disclosing party; (b) the disclosing party has disclosed to a third party without any obligation to maintain such information in confidence, (c) enters the public domain or becomes generally known to the public by some action other than breach of this Agreement by the receiving party; or (d) is independently developed by the receiving party. Each party shall safeguard proprietary and confidential information disclosed by the other using the same degree of care it uses to safeguard its own proprietary and confidential information but, in no event, shall use less than a reasonable degree of care. Each party's obligation under this paragraph shall extend for a period of three (3) years following termination or expiration of this Agreement.
3. Force Majeure
We shall not be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, military intervention, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or overloading or slow downs over the internet or any third party internet service providers.
You agree to indemnify and hold Mailigen, subsidiaries, affiliates, officers, agents, representatives, successors, members, principals and other partners and employees harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site or services set forth in this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations, obligations and warranties set forth above. Mailigen reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of Mailigen.
If any term or provision of this Agreement is determined to be illegal, unenforceable or invalid in whole or in part for any reason, such illegal, unenforceable or invalid provision(s) or part thereof shall be stricken from this Agreement, and such provision(s) shall not affect the legality, enforceability or validity of the remainder of this Agreement. If any provision or part thereof is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision that is as similar in tenor to the stricken provision as is legally possible.
6. 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 Mailigen in any respect.
7. You hereby acknowledge and agree that Mailigen may identify you as its customer on Mailigen’s website and in its advertising, marketing, and promotional materials, including using your name, trademark, service mark, or corporate logo. Mailigen’s use of your trademark, service mark, or corporate logo will be made in compliance with any publicly posted usage guidelines posted by you. If you wish to remove your information, please contact our sales team.
We disclaim and are not responsible for the behavior of any advertisers, linked websites or other users.
9. Complete Agreement; Governing Language.
This Agreement constitutes the entire agreement between you and Mailigen relating to the Mailigen Service and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by Mailigen. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
Updated: January 19th, 2013