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Simple Terms Of UseWhen you sign up or login to use Tellem Email Marketing Services, you agree to all the terms and conditions found in the documentation below. This service may not be used for the sending of unsolicited e-mail (sometimes referred to as "spam"). See our Anti-Spam Policy. You should become acquainted with all of the terms and conditions below before using our email marketing services: 1. You must be at least 18 years of age to use Tellem, and can form legally binding contracts under applicable law. Free Trial Period, Payments, Refunds 1. In order to keep your costs lower, Tellem is setup to be a pay-as-you-go service. This means you do not pay any monthly fees but only pay for the number of emails that you actually send out. However, you will need to purchase enough email credits on your credit card in order to send email campaigns to your permission based email list. Pricing details are kept current on our website. Cancellations 1. You have the option of using the Free Trial Account to test the system. The Free Trial Account is valid for six months from the date that the account is created. After 6 months, your account will be cancelled and you will need to create a new one. Title and Intellectual Rights 1. This is an Agreement for Services and does not grant you a license to our web software code in any shape or format. Warranty Disclaimer, Limited Liability and Indemnity: 1. Tellem shall in no event be liable to the Client or any third party for any indirect, consequential, punitive or noncontractual damage or lost profits arising out of or related to this Agreement for Services. 2. The Client will indemnify and hold Tellem, it's officers, directors, employees, agents and affiliates (each as an "Indemnified Party") harmless from and against any and all costs, liabilities, losses and expenses related to any action taken against the Client related directly or indirectly to the provision of the services provided for by Tellem to the Client. Delivery Rates and Spam Filters We strive to ensure that emails you send out reach their destination. That said we cannot guarantee 100% email delivery based on a number of factors out of our control... 1. An email account in your list might be full and thus the email will not arrive to that recipient 2. An email account in your list might no longer exist 3. Your email is blocked as being "spammy" by the receiving email server. This is always a tough one as your email might be legitimate but spam filters on the receiving end could view your email as being "spammy". This is based on a host of factors from subject line content, to the email being html vs text, to the content in the emailer to the # of images in the emailer. No two spam filters are the same and each receiving email server has different software they might use and different settings for that software in play. To add to this each end user also has spam filters likely in place as well. 4. We always strive to ensure that our sending servers IP address has a good reputation which helps us to be able to get good delivery rates 5. We do not reimburse clients for any emails that might not have been delivered or that were delivered to a persons spam folder. Prohibited Uses 1. Illegal Activities - Any activity which violates local, state, federal or international law. Examples include: Posting or disseminating illegal material (such as child pornography or obscene material.) Reseller Policy Tellem Email Marketing reserves the right to refuse anyone access to the reseller program. Termination Any violation of the Terms of Use constitutes grounds for immediate termination of a user account without notice or refund. Upon such termination, we shall have no liability or responsibility to you or any third-party. Contact If you have any questions or comments regarding any of our Terms and Conditions, we encourage you to contact Tellem Email Marketing Services: |
