Through the MailAway software product, we provide website operators and other individuals with a variety of tools and resources (including our website) to enable them to collect visitor email addresses and to create, launch, and manage online email campaigns (the “Services”).
Please read this Agreement carefully. You are required to confirm acceptance of this Agreement before proceeding with any use of our website or the Services.
1. Services and Support
1.1 MailAway may modify the terms of this 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 MaiAway website. MailAway will use reasonable efforts to make you aware of any changes to the terms of this Agreement. You are within your rights to elect to discontinue using the Services due to any changes to the Agreement made under this section at no additional costs.
1.2 Both the number of email messages sent and the number of KiloBytes of data transferred are metered by MailAway. The total KiloByte data transfer of each message can be no more than 300kb. Accounts can send an unlimited number of email messages.
1.3 All email delivery prices are subject to change at any time. All fees paid to MailAway for the Services are non-refundable. Payment for Account set up must be made by Bacs, cheque or a valid credit card accepted by MailAway before the first email campaign can be sent or within 14 days, whichever is soonest. All Service payments must be made by a valid credit card accepted by MailAway at the time of send unless other payment arrangements have been made between you and MailAway. Fees are payable in British Pounds unless requested otherwise. If MailAway is for any reason unable to effect automatic payment via your credit card, you will be notified via email.
1.4 You must complete the Purchase Order to activate your MailAway account. You are responsible for maintaining the security of your account, username, passwords, and files and for all uses of your account and of the Services in your name. MailAway reserves the right to refuse registration of, or cancel accounts it deems inappropriate.
1.5 It is understood that MailAway makes no guarantee that HTML messages will be rendered properly on all recipients’ email programs, due to the wide variety of HTML generation tools available. MailAway makes every reasonable attempt to make sure that all email messages sent through our servers follow email standards, but we cannot guarantee that messages will look consistent across all email platforms.
2. Restrictions and Responsibilities
2.1 This is an Agreement for the Services, and you are not granted a licence to any software under this Agreement (except to the extent required for you to use the Services). Except to the extent that applicable laws prevent MailAway from doing so, 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 (“Software”); remove any proprietary notices or labels from the Services or any Software; reproduce or copy the Software or the Services or any part thereof; 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 or Australia, 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 or the Australian Copyright Act 1968 (Cth).
2.2 You acknowledge and agree that the Services, the Software, the MailAway company names and logos and all related product and service names, design marks and slogans, and all other material comprising the Software or the Services, are the property of MailAway or its affiliates or suppliers (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/ or other intellectual properties are owned by MailAway or by other parties that have licensed their material to MailAway. You are not authorised to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of MailAway. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks. All ownership rights remain in MailAway or its third party suppliers, as the case may be.
2.3 You represent, covenant, and warrant that you will use the Services only in compliance with this Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). MailAway will not be held responsible for any damages, loss, liability, settlement or expenses in connection with any claim or action that comes from violations of your use of the Service. You acknowledge that you are responsible for the content of any emails or messages sent using the Services. Although MailAway has no obligation to monitor the content provided by you or your use of the Services, MailAway 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.
2.5 You must not use the Services for the sending of unsolicited email (sometimes called “spam”). See our Anti-Spam Policy (which forms part of this Agreement) for further information.
2.6 You must not use the Services to distribute illegal contests, pyramid schemes, chain letters, multi-level marketing campaigns, or any other prohibited material.
2.7 All rights not expressly granted are reserved.
2.8 The Services may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under MailAway’s direct control and MailAway accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to the Services). You acknowledge that MailAway is entitled to require you to remove any link from another website to the Services which you install without obtaining MailAway’s prior written consent.
3.1 You may terminate this Agreement at any time. No refunds will be issued.
3.2 MailAway may terminate this Agreement or the Services at any time with or without cause, and with or without notice. MailAway shall have no liability to you or any third party because of such termination. If MailAway terminates this Agreement because you breached this Agreement or any applicable laws, no refund will be issued even if you have unused, prepaid amounts for Services under this Agreement.
3.3 If you do not log into your account for more than 700 days, the account will become inactive. When an account is classified (at MailAway’s sole discretion) as inactive, MailAway will flag that account as inactive.
4. Warranties, Disclaimer and Remedies
4.1 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. To the maximum extent permitted by law, MailAway does not warrant that the services will be uninterrupted, accurate 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 to the extent permitted by law MailAway disclaims all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose and non-infringement.
4.2 Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for MailAway to use commercially reasonable efforts to adjust or repair the Services, or where such adjustment or repair is not feasible, for MailAway to either (at its discretion) perform the Services again or provide you with a refund for the amount you actually paid to MailAway for the relevant Services.
5. Limitation of Liability
5.1 To the maximum extent permitted by law, under no circumstances shall mailaway 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 “mailaway “) be liable to you or any other person for any loss or damage (including but not limited to direct, indirect, exemplary, special, incidental, cover, reliance or consequential damages, loss of profits or revenue, business interruption, loss of data, or failure to realise anticipated savings or benefits or business opportunities), or for any claim by any other party.
5.2 MailAway’s exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if mailaway has been notified of the possibility of such loss or damage.
5.3 You agree that MailAway’s liability to you at law will be reduced by the extent, if any, to which you contributed to the loss.
5.4 In the event that, notwithstanding the foregoing, MailAway 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), to the fullest extent permitted by law the liability of MailAway to you will be limited to the supplying of the services again or the payment of the cost of having the services supplied again or refund of fees actually paid for the services.
6. Use of the Services
6.1 You will not violate or attempt to violate the security of our website or the Services. You will not hack into the website, MailAway’s computer systems or the computer systems of other users of the Services. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
7. Website and Services availability
7.1 From time to time down-time, either scheduled or unscheduled, may occur. MailAway will work within reason to ensure this amount of down-time is limited. MailAway will not be held liable for the consequences of any down-time.
7.2 MailAway cannot guarantee that any file or program available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files associated with the Services, and you release MailAway entirely of all responsibility for any consequences of its use.
By agreeing to set up an account with MailAway and signing a Purchase Order, you accept and agree to be bound by this Agreement.