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MailGenie EULA
MailGenie END USER LICENSE AGREEMENT The terms and conditions in this agreement will govern your access to MailGenie Services. MailGenie grants to the User a non-exclusive right during the term of this Agreement to use the Services pursuant to the terms and conditions set out herein. At all times, the ownership rights remain with MailGenie or its third party suppliers, as the case may be. MAILGENIE SERVICES MailGenie provides e-mail marketing tool, storage and support to the Users. Users can create and send email campaigns using the application to distribute content provided by the User to a list of email addresses also supplied by the User. The User acknowledges that MailGenie does not create or publish any content for the User. The User further recognizes that MailGenie does not rent or sell email lists. MailGenie retains its right to cancel and delete any campaign if the User violates any of the policies explicitly published in 'Terms of Use', 'Privacy Policy', 'Prohibited Content' and 'Anti-spam' policy. MailGenie disclaims all copyright and other rights in such content and all responsibility for them MailGenie specifically disclaims liability for direct, consequential or incidental damages arising from such campaigns. By posting an email campaign using MailGenie, the User warrants that the content is true, and that User will indemnify MailGenie against any and all, direct, indirect or consequential claims and alleged claims that may arise from User's use of the services. ELIGIBILITY Our E-mail Marketing Services are available to individuals who are eighteen (18) years of age or older as well as corporations and other organizations capable of legally binding contracts under applicable law. If you do not meet the criteria, please do not attempt to use the Services. The User acknowledges to provide true, accurate, current information about himself as requested by the sign up, registration or billing process. MailGenie may refuse to offer the Services to any person and may change the criteria for eligibility, at any time, and is subject to its sole discretion. MailGenie holds the right to terminate your account without refund 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 is incomplete DESCRIPTION OF SERVICES You understand and agree that the service is provided "AS-IS" and that MailGenie assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. MailGenie provides its member's access to its various resources as agreed in the terms and conditions while sign-up. Unless explicitly stated otherwise, any new features that augment or enhance the current service, including the release of new MailGenie Features shall be subject to the 'Terms of Use'. You are responsible for obtaining access to MailGenie account by paying Monthly fees as specified or agreed upon and that access to the internet may involve third party (Internet Service Provider). In addition, you must provide and are responsible for all equipment necessary to access the service. PERSONAL AND NON-COMMERCIAL USE LIMITATION Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services. MODIFICATIONS TO THE SERVICES MailGenie reserves the right to modify or discontinue the Services, temporarily or permanently, with or without notice to the User and is not obligated to support or update the Services. CHANGE IN TERMS AND CONDITIONS MailGenie may, at any time and at its sole discretion, modify the terms and conditions of this Agreement. User agrees to assume responsibility for periodically reviewing this Agreement. By continuing to use the service, following the posting date of changes by MailGenie, it will be assumed that the User agrees to be bound by the amended Agreement. MEMBER ACCOUNT, PASSWORD, AND SECURITY MailGenie requires you to open an account by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur during the use of services. You agree to notify MailGenie to immediately report of any unauthorized use of your account or breach of security. MailGenie will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MailGenie or its Partner due to misuse of your account or password. You may not use anyone else's account at any time, without the permission of the account holder. USE AND STORAGE MailGenie may store User information, content, contact lists, emails, campaign activity statistics, reports and other information in its databases for the User. However, MailGenie has no responsibility or liability for the deletion or failure to store any messages, content or other information maintained or transmitted through the Services. At any time, MailGenie may decide that User information can no longer be stored by it or deem User information to be inappropriate and remove it from its databases with or without notice to the User. CHARGES FOR SERVICES MailGenie services are charged according to the monthly price plan selected and agreed upon by the User. Presently, there are four types of pricing plans(monthly), "Plan A", "Plan B", "Plan C" and "Plan D". Pricing may vary at any time based on changes to fee schedules. All prices are in US dollars. The User is responsible for reviewing the pricing from time to time and keeping himself aware of the fees charged by MailGenie. OWNERSHIP OF PROPRIETARY INFORMATION The User acknowledges and agrees that the Services and MailGenie logos and trade names are the property of MailGenie or its affiliates. User also recognizes that MailGenie owns and/or has all requisite rights in and to any software necessary to provide the Services under this Agreement. The User understands and acknowledges that, except as strictly necessary for personal viewing and use of the Services , the User is not granted any right or license to use, link to, reproduce, reverse engineer, modify, duplicate, distribute, display or perform any such copyrighted materials used or displayed on this Website or to permit others to do the same, and that all such uses are prohibited without the prior written consent of MailGenie. DISCLAIMER OF WARRANTIES THE SERVICES AND THE INFORMATION ARE PROVIDED BY MailGenie ON AN "AS IS" BASIS, AND MAILGENIE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, AVAILABILITY, ACCURACY, OMISSIONS, COMPLETENESS, TIMELINESS OR DELAYS WITH RESPECT TO THE SERVICE, INFORMATION OR PRODUCTS. IN NO CIRCUMSTANCES, WILL MailGenie BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICES, INFORMATION OR PRODUCTS PROVIDED ON THE WEBSITE. IN PARTICULAR, MailGenie 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 MailGenie'S SERVICES, ITS WEBSITE OR THE INFORMATION OR DATA CONTAINED THEREIN, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. MailGenie, 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 CONTRACT OR TORT, WILL BE LIMITED TO THE AGGREGATE AMOUNT OF CHARGES FOR SERVICES PAID BY THE USER TO MailGenie WITH RESPECT TO ANY SERVICES DURING THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO ANY SUCH CLAIM(S). TERMINATION This Agreement may be terminated by MailGenie at any time; and also by the User upon prior written or email notice to MailGenie. The termination of the Agreement by either party will not affect the User obligation to pay the charges incurred for services consumed, and of MailGenie's responsibility to return the Users funds for Services not consumed in the event that the User has prepaid for Services for a period greater than one month. ACCEPTANCE OF TERMS The services that MailGenie provides to you are subject to the following Terms of Use ("TOU"). MailGenie reserves the right to update the 'Terms Of Use" at any time without notice to you. I have carefully read the terms of using MailGenie, and gone through the Privacy Policy, Prohibited Content, Anti-spam policy of MailGenie and I consent to this agreement.