Please read these Terms carefully. By signing up or using WP Email Delivery, you’re agreeing to the Terms. This is a legal agreement.
In order to use WP Email Delivery, you must:
- be at least eighteen (18) years old and able to enter into contracts.
- complete the registration process.
- agree to the Terms.
- provide true, complete, and up to date contact information.
By using WP Email Delivery, you represent and warrant that you meet all the requirements listed above, and that you won’t use WP Email Delivery in a way that violates any laws or regulations. WP Email Delivery may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you sign up for WP Email Delivery and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for WP Email Delivery on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Closing Your Account
You or WP Email Delivery may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. Once your account is terminated, we may permanently delete it and all the data associated with it, including your emails from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete it and all the data associated with it.
5. Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for the use of any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
6. Charges and Refunds
Monthly Plans: Our charges for monthly plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Monthly payments are due on the same day of the month that you signed up and made your first monthly payment (the “Pay Date”), or the closest day of that month to the Pay Date.
Yearly Plans: Our charges for yearly plans are posted on our Website and may be changed from time to time. Yearly payments are due on the same day of the year that you signed up and made your first payment (the “Pay Date”), or the closest day of that year to the Pay Date.
Payment: As long as you’re a Member or have an outstanding balance with us, you must provide us with valid credit card information and authorize us to deduct the monthly or pay as you go charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any charges may be billed to that credit card and won’t be rejected. Whenever you increase the number of email addresses you’re using or the number of Emails you’re going to send so that you’re at a more expensive level, we may require you to pay the difference in the monthly payment before sending another Email. All payments are handled by Stripe.
Refunds: We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms or our Acceptable Use Policy. You won’t be entitled to a refund from us under any other circumstances.
7. Proprietary Rights Owned by Us
You shall respect our proprietary rights in the Website and the software used to provide WP Email Delivery. Proprietary rights include, but are not limited to, any patents, trademarks, service marks, and copyrights.
8. Proprietary Rights Owned by You
10. Right to Review Email Campaigns
We may view, copy, and internally distribute content from your Emails and account to create algorithms and programs (“Tools”) that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws.
RULES AND ABUSE
11. General Rules
You shall follow these rules:
You won’t send Spam! By “spam,” we mean the definition on the Spamhaus website at http://spamhaus.org/definition.html.
You won’t put into your Email any material, including graphics or other content, that is not created by you, not provided by us for you to use, or that would violate any other party’s rights.
You won’t use any misleading or incorrect names, addresses, email addresses, subject lines, or other information on the Website or in any Emails created or sent using our Service.
You won’t upload or compose emails that contain or offer any illegal content, goods, or services.
You won’t share your password.
You won’t try to decipher, decompile, disassemble, or reverse engineer any of the software on our Website, or in any way used or downloaded from the Website.
You won’t set up multiple accounts for any individual or entity in order to send substantially similar content, unless you’re part of a franchise.
You won’t import or incorporate any of this information into any lists, emails, or uploads to our servers: Social Security Numbers, passwords, security credentials, or sensitive personal information of any kind.
12. Bandwidth Abuse/Throttling
You may only use our bandwidth for your WP Email Delivery emails. We may throttle your sending at our discretion.
13. Compliance with Laws
You represent and warrant that your use of WP Email Delivery will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements.
If you’re located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your Email distribution list, sending Emails via WP Email Delivery and collecting information as a result of sending Emails, you:
Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws applicable to the countries where you’re sending any form of email via WP Email Delivery.
Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have permission to allow WP Email Delivery to receive and process data and send communications to that individual on your behalf.
Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
14. U.S. Export Controls
The software that supports the Services (the “Software”) is subject to United States export controls. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. You’re downloading and using the Software at your own risk.
15. Reporting Violations
If you become aware that anyone is violating any of the Terms of this Website, please notify us immediately.
16. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss resulting from your use of the Website and the Services, including any downloads from the Website. We won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages.
17. No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to merchantability and fitness for a particular purpose.
You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren’t permitted under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password behaved in a way that, if true, would violate any of these Terms.
19. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney’s fees and any damages or other relief we may be awarded.
We aren’t responsible for the behavior of any advertisers, linked websites, or other Members.
21. Equitable Relief
If you breach any of your obligations under these Terms, then we may seek injunctive or other equitable relief.
22. Subpoena Fees
If we’re required to provide information in response to a subpoena related to your account, then we may charge you for our costs for complying with that subpoena.
23. Notice to U.S. Government End Users
The Software and Website, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:
only as Commercial Items,
with the same rights as all other end users, and
according to the Terms and our Amended Government Terms
Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is BrewLabs, LLC, 43 1/2 Winter Street, Exeter NH 03833.
Notice to U.S. Government End Users
This section will matter to you if you’re affiliated with the U.S. government.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
25. Choice of Law
26. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
30. Amendments and Waiver
No amendment or change to these Terms will be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the “Additional Terms”). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action.
31. No Changes in Terms at Request of Member
Because we have so many Members, we can’t change these Terms for any one Member or group of Members. If we did that, keeping up with the changes would be a logistical nightmare. So no changes, no exceptions.
32. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
33. Notification of Security Breach
In the event of a security breach that may affect you or anyone on your Email distribution lists (each a “List”), we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do it.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: BrewLabs LLC, 43 1/2 Winter Street, Exeter, NH, 03833, or any addresses as we may later post on the Website.
35. Entire Agreement