This Agreement ("Agreement") governs your ("you", "user") use
of EmailTheWeb ("Service").
EmailTheWeb grants you a non-exclusive right during the term of this Agreement to use the Services pursuant to the terms and conditions set out herein. The following are the terms and conditions for use of the Services:
1. SERVICES AND SUPPORT
1.1 The Services are available only to businesses and/or persons who can form
legally binding Agreements under applicable law. In the event
you avail yourself of the Services for and on behalf of a business entity, you
must have the requisite authority to accept and execute this Agreement.
If you do not qualify, do not attempt to use the Services. you will
provide true, accurate, and current information about yourself as requested
by the sign up, registration or optional billing process. EmailTheWeb
may refuse to offer the Services to any person, corporation or organization
and may change the criteria for eligibility, at any time, in its sole discretion.
EmailTheWeb retains the right to terminate your account and your
rights to use the Services if there are reasonable grounds to believe that any
data you provide is or becomes untrue, inaccurate, not current or incomplete,
or if you are in breach of the terms and conditions of this Agreement.
1.2 EmailTheWeb offers its services on an "as is" basis.
1.3 you acknowledge that EmailTheWeb does not create or profess ownership of any content. The user acknowledges that EmailTheWeb does not rent or sell email lists. EmailTheWeb disclaims all copyright and other rights in such content and all responsibility for them.
1.4. you agree that due to technical limitations, some web pages may not capture or render correctly, but that will not detract from the overall usefulness of this service.
2. USAGE RULES
2.1 you represent that use of the Services will
only be in compliance with this Agreement and all applicable laws.
With regard to emailing web pages, you specifically agree not to use
the Service:
a. To send spam, bulk email, or email that were harvested (e.g. obtained from an automated scan
of a web site) knowingly or unknowingly and accept liabilities for misuse.
b. For any unlawful purposes.
3.3 In the event that you violate one of the above usage rules, or
for any other reason deemed appropriate by EmailTheWeb, EmailTheWeb reserves the right to suspend or terminate, with or without
notice, your account.
3. CHARGES FOR SERVICES
3.1 There is no charge to use the Service under the Free plan.
3.2 If you choose a non-free plan, you will be charged service fee according to the published rate. Payment for services will be made by credit cards accepted by Amazon.com Payments. All prices are in U.S. dollars and you will be billed in advance.
3.3 You agree that the the service fee will not be reimbursed if EmailTheWeb is unable to email, render, or display the web page that you sent via EmailTheWeb.
3.4 You agree that the the service fee will not be reimbursed if EmailTheWeb is unable to function due to circumstances beyond its control.
3.5 You agree that the service charge does not cover support inquires or change requests.
3.6 There is no charge for support inquires. This is a free service offered by EmailTheWeb. We will do our best to respond to support inquires in a timely manner, but we are not obligated to do so.
3.7
If you report a issue or defect with EmailTheWeb, we will make reasonable efforts to fix it, but we are not obligated to do so.
3.8 EmailTheWeb will evaluate the support inquiry (defect or enhancement) and if warranted, will determine a charge for the change request. Before any work is started, the requestor and EmailTheWeb will agree to terms.
4. TERMINATION
4.1 you may terminate this agreement at any time by canceling their subscription through Amazon.com.
No refund will be given for accounts that are cancelled in the middle of a billing
period, but you will be allowed to use the service for the remainder of your paid term.
4.2 EmailTheWeb may terminate this agreement or the services
at any time, with or without cause, with or without notice. EmailTheWeb shall have no liability to you or any third party because of such
termination.
4.3 In the event that you paid for a plan, and EmailTheWeb cancels the service, EmailTheWeb will reimburse the unused months of service to you on a pro-rated basis.
4.4 Upon termination, whether it was initiated by you or EmailTheWeb, EmailTheWeb has the right but not the
obligation to delete any user data after 30 days after the date of termination.
4.5 All terms of this agreement, which by their nature should survive termination,
will survive termination, including, without limitation, warranty disclaimers
and limitations of liability.
5. WARRANTY DISCLAIMER
USER USES THE SERVICES AT ITS OWN RISK. EMAILTHEWEB 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 EMAILTHEWEB, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
AVAILABILITY, ACCURACY, OMISSIONS, COMPLETENESS, TIMELINESS OR DELAYS WITH RESPECT
TO THE SERVICE, INFORMATION OR PRODUCTS AND NON-INFRINGEMENT.
EMAILTHEWEB HAS THE RIGHT TO TAKE SOME OR ALL OF THE SERVICES
OFFLINE AS NEEDED TO ENSURE THE PROPER FUNCTIONING OF THE SYSTEM.
6. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR PERSONAL INJURY OR DAMAGE
TO REAL OR TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY EMAILTHEWEB AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED
TO ALL EQUIPMENT AND PROPERTY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES,
AGREEMENTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ACTION IN AGREEMENT, TORT, OR OTHERWISE,
EVEN IF RELEVANCE TECHNOLOGY INC., HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
IN NO EVENT WILL EMAILTHEWEB BE LIABLE FOR ANY DAMAGES OF ANY
KIND WHATSOEVER WITH RESPECT TO THE SERVICES, INFORMATION OR PRODUCTS PROVIDED
ON THE WEBSITE. IN PARTICULAR, EMAILTHEWEB WILL NOT BE LIABLE
FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST
PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE USE
OF THE SERVICES, ITS WEBSITE OR THE INFORMATION OR DATA CONTAINED THEREIN, WHETHER
SUCH DAMAGES ARISE IN AGREEMENT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY,
AT LAW OR OTHERWISE.
EMAILTHEWEB, ITS AFFILIATES ENTIRE LIABILITY UNDER THIS AGREEMENT,
IF ANY, FOR ANY CLAIM(S) FOR DAMAGES RELATING TO THE SERVICE, INDIVIDUALLY OR
JOINTLY, WHETHER BASED IN AGREEMENT OR TORT, WILL BE LIMITED TO THE AGGREGATE
AMOUNT OF CHARGES FOR SERVICES PAID BY THE USER TO EMAILTHEWEB, WITH RESPECT TO ANY SERVICES DURING THE TWELVE MONTH PERIOD PRECEDING
THE EVENT GIVING RISE TO ANY SUCH CLAIM(S).
7. MISCELLANEOUS
7.1 If any provision of this Agreement is found to be unenforceable or invalid,
that provision will be limited or eliminated to the minimum extent necessary
so that this Agreement will otherwise remain in full force and effect and enforceable.
7.2 Both parties agree that 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 this Agreement.
7.3 Any dispute or difference arising out of or in connection with this Agreement shall be determined by the appointment of a single arbitrator to be agreed between the parties.
