Newsletter Sender‚ (the “Services”), is a web based software application that offers businesses and web site operators a software application for HTML design, email list management and statistical analysis tools. Newsletter Sender does not allow it’s application to be used for unsolicited commercial emails (UCE). For more detail on UCE please see our Anti-Spam Policy. By ticking the check box at the end of the trial form stating ‚Accept terms and conditions’ you are agreeing to these terms and conditions.

The Newsletter Sender service and support offering

All Services provided by Newsletter Sender are subject without limitation to Newsletter Sender‚ Privacy Policy and Newsletter Sender‚ Anti-Spam Policy. Email Marketing Solutions Ltd. may modify the terms of the Agreement and may discontinue or change any aspects of the Services at its sole discretion. Any changes to the application or the terms and conditions become effective upon those changes being made live on the www.NewsletterSender.com website. A free no obligation trial accont is offered for 30 days, after the 30 day period if no topup credits have been purchased we will suspend then cancel the account, any data will be lost at this point. Send credits are purchased in advance at the price shown on our website, credits will not be added to an account until full clear payment is received, we currently accept Paypal, BACs and cheque. Credits last for 12 months from the purchase date.

Refund Policy – All fees paid to Email Marketing Solutions Ltd for Newsletter Sender are non-refundable, unless an account is terminated by Email Marketing Solutions Ltd for a reason other than violation of the Anti-Spam policy whereby Email Marketing Solutions Ltd may, at their discretion, make a full or partial refund of unused Credits.

Restrictions and Responsibilities

Newsletter Sender reserves all rights other than those expressly granted in this Agreement, and no licenses are granted except as expressly set forth herein. You will not contest the validity of Newsletter Sender with regard to trademarks or other brand features or content during the term of this Agreement, or after the expiration of this Agreement. You acknowledge that Newsletter Sender owns all rights, titles and interests in and to Newsletter Sender including any and all proprietary rights. Newsletter Sender may only be used in compliance with the US CAN-SPAM Act and the European Privacy Directive and all other applicable laws. You may not use third party mailing lists to distribute unsolicited email to any third party. You agree to indemnify and hold harmless Email Marketing Solutions Ltd against any damages, losses, liabilities, settlements, and expenses in connection with any claim or action that arises from an alleged violation of any national or international laws resulting from your illegal use of Newsletter Sender.

Email Marketing Solutions Ltd reserves the right to monitor the newsletters created by you and your use of Newsletter Sender. Email Marketing Solutions Ltd also reserves the right to remove any content or immediately suspend your use of Newsletter Sender, if it believes that your use is in violation of any national or international laws. Newsletter Sender will automatically append an “unsubscribe” link to all outgoing email which will allow visitors to remove themselves from your mailing list. Email Marketing Solutions Ltd may immediately suspend your Newsletter Sender account if you make any attempt to remove, alter or disable this link. Newsletter Sender will automatically append a “Powered by Newsletter Sender‚Ñ¢” footer and link to Newsletter Sender to all outgoing email. Email Marketing Solutions Ltd may immediately suspend your Newsletter Sender account if you make any attempt to remove, alter or disable this footer and link, unless you have come to a commercial agreement with Email Marketing Solutions Ltd about the removal of the footer and link. Email Marketing Solutions Ltd will not share information you may upload (such as email addresses, name, contact information, or images) to Newsletter Sender. Your customer information will not be shared with any other parties, unless required under law.Email Marketing Solutions Ltd will not use your customer information for the purpose of sending unsolicited commercial e-mail. Email Marketing Solutions Ltd may use this information and any technical information about your use of the Services to facilitate your use of Newsletter Sender or in communications with you. You will comply with the Newsletter Sender Privacy Policy and the Anti-Spam Policy, which may be modified by Email Marketing Solutions Ltd from time to time.

Newsletter Sender accounts are provided with a single user licence which cannot be extended to multiple use or for use by third parties whether or not for financial gain. Provision of the account does not grant the user the rights to resell the functionality contained within the account or to resell the use of the account to a third party, whether or not for financial gain, unless you have come to a commercial agreement with Email Marketing Solutions Ltd, forwarded a completed, signed and valid reseller agreement and that agreement has been accepted by Email Marketing Solutions Ltd.

Termination

This Agreement will have a term beginning on the payment date of the first credit purchase. You may terminate this Agreement at any time by following the cancellation instruction available from within the application or by sending an email to support@emailmarketingco.com.

Email Marketing Solutions Ltd may immediately terminate this Agreement and suspend access to Newsletter Sender without refund if:

You are in violation of any of the terms outlined in this agreement,

Any content within your mailing:

is, or could be considered by Newsletter Sender to be, detrimental to the reputation of Newsletter Sender advertises the products or services of third party newsletter software providers

is used to promote third party newsletter software providers

is used to inform recipients of the intention to transfer to a third party newsletter software provider

Email Marketing Solutions Ltd is not liable for any commercial damage to you as a result of it‚ decision to terminate or suspend your Newsletter Sender account.

Email Marketing Solutions Ltd reserves the right to delete any account data, including unused credits within 30 days after the date of suspension or termination Warranty Disclaimer

THE Newsletter Sender APPLICATION AND ANY RELATED SERVICES ARE PROVIDED ‚”AS IS” WITH NO WARRANTY, AND Email Marketing Solutions Ltd EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESSED OR IMPLIED, REGARDING SUCH SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

Each Party agrees to indemnify and hold harmless the other party from and against any losses, claims, liabilities, damages or expenses, including reasonable attorney‚ fees, directly arising from a material breach of this agreement by the other party. Limitation of Liability

Each Party agrees to indemnify and hold harmless the other party from and against any losses, claims, liabilities, damages or expenses, including reasonable attorney‚ fees, directly arising from a material breach of this agreement by the other party