When sending an email, your recipient must be either someone with whom you have a personal or professional relationship, or is a customer, member or subscriber of your business or organization, or who has specifically asked to receive your emails by opting in or signing up in some way, or someone who has bought a product or service from you in the past 18 months.
We have strict rules for sending to mailing lists. The following rules must be followed when sending to a mailing list:
Lists must be 100% opt-in. This means that you must have obtained the permission of your recipients to send them emails. Examples of lists that are not allowed are purchased lists, email addresses scoured from the Internet, and marketing leads.
In addition, lists must be up-to-date, and have had emails sent to them recently (within the previous 3 months). We closely monitor the percentage of bouncing email addresses and take action where necessary.
An opt-out (unsubscribe) link must be placed at the bottom of each email which will allow the recipients to immediately remove themselves from the maillist.
Emails must not contain content related to the industries mentioned below.
You must also NOT use the service to send emails that contain content related to the following industries. Such emails, even if 'opt-in', generate a high proportion of complaints and could jeopardise our service for all of our users.
Get-rich-quick, work-at-home schemes or paid surveys
List brokers or List rental services
Unsolicited marketing email (i.e. without proper permission from recipients)
We have a strict policy against spamming. We forbid the use of the service to send unsolicited mass emails or unsolicited emails of any kind. The definition of spam can be found on Spamhaus website. In the rare case that a client does use AuthMailer email services for Spam, unsolicited commercial email (UCE) or unsolicited bulk email (UBE), then their account will be terminated without refund. All email services will be stopped immediately.
You must also NOT use the service to a) knowingly send emails containing viruses, worms, or any other harmful code or software, b) send defamatory, harmful, abusive, vulgar or obscene content or material, c) send emails that are not in compliance with all applicable laws, or that do infringe upon the rights of any other party, including but not limited to copyrights, trademarks, privacy rights, moral rights, trade secrets, patents and any other rights d) harass or send threatening content.
You must also NOT use the service in a manner that substantially reduces performance for other subscribers, send "mailbombs" or other harmful devices, or engage in activity designed to gain unauthorized access to any of our computers or information.
In the event that we deem you to be in violation of any of these policies, we shall immediately suspend your account and take further action as deemed necessary, including pursing legal action.
ACCESS AND SERVICE
Your access to the service depends on the level of access you select. You may change or discontinue your account at any time. We reserve the right to modify, suspend or terminate access to the service on our system at any time for any reason without notice or refund, including the right to require you to change your password. We also reserve the right to delete all program and data files associated with your account and/or other information you have on our system.
FEES AND PAYMENT
We will charge you a yearly fee for using the service. You can cancel your account at any time, but you will remain liable for all charges up to that time. We reserve the right to change our fees at any time without advance warning.
REFUNDS AND CHARGEBACKS
The AuthMailer refund policy is specifically incorporated by reference into this TOS. If you ever feel that AuthMailer incorrectly charged your credit card you must email info at authmailersupport.com for a correction. If you choose to contact your credit card company and issue a charge-back without contacting AuthMailer, then you will be responsible for a $100 processing fee invoiced to your account. Accounts that initiate a chargeback will be immediately suspended.
To reactivate an account suspended due to a chargeback you must reverse the chargeback. Reversing a chargeback is done by contacting your bank or credit card issuer and requesting that the chargeback be reversed. The chargeback reversal process can be a timely one and your account will be suspended until it is completed and we are notified of the reversal (usually through postal mail). An account due to a chargeback cannot be reactivated by making payment using an alternative payment method.
LIMITATION OF LIABILITY
You must bear the risk of any liability relating to your use of the service. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees), relating to any acts by you or materials or information transmitted by you in connection with the service, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.
DISCLAIMERS OF WARRANTY
THE SERVICE IS PROVIDED "AS IS" AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.
CHOICE OF LAW
You agree that this Agreement shall for all purposes be governed by and construed in accordance with the laws of Finland and that any action arising out of this Agreement shall be litigated and enforced under the laws of Finland. In addition, you agree to submit to the jurisdiction of the courts of Finland, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of Finland.
This Agreement represents the entire understanding between you and us regarding your relationship to us and supersedes any prior statements or representations.