Below are the complete terms and conditions that apply to your use of
the Email Works Services. As used in these terms and conditions, "Email
Works", "we", "us", or "our" refers to Email Works. And "you" or "your"
refers to the person who creates one or more email mailing lists and corresponding
accounts using the services, and performs the administrative functions
of the lists. The services are offered to you conditioned on your acceptance
without modification of these terms and conditions. Your use of the services
constitutes your acceptance to these terms and conditions.
Modifications of Terms and Conditions
We may modify any of the terms and conditions contained in this Agreement,
at any time and in our sole discretion, by posting a change notice or
a new set of terms and conditions on our website located at www.emailworks.co.uk.
You are responsible for regularly reviewing these terms and conditions.
Continued use of the services after any modification shall constitute
your consent to such modification. We do not and will not assume any obligation
to notify you of any modification to the terms and conditions. If any
modification is unacceptable to you, your only recourse is to terminate
your account (s).
Use of Services
You may use the Services for the specific purposes of assisting you in
the creation and administration of one or more lists for which subscribers
have voluntarily registered. If you use the services to create a List,
you may remove any subscribers from such list at your discretion. You
also agree to abide by the request of any subscriber to be taken off such
list, with such action to be taken in a reasonably timely manner. We reserve
the right to restrict or terminate your use of the services if we receive
complaints about any of your lists in accordance with our Permission
Email Policy.
Limitations On Use
You agree that you have the full authority and right to enter into this
Agreement and that you are at least 18 years of age. You also agree that
you will not use the services to transmit, disseminate or upload:
Unlawful, harassing, libelous, tortuous, abusive, threatening, or
obscene communications of any kind.
Materials that infringe or violate any third party's copyright, trademark,
trade secret, privacy or other proprietary or property right, or that
could constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable law or regulation.
Objectionable materials, including without limitation, content that
contains blatant bigotry, racism, or hatred, or that promotes illegal
activities or physical harm against anyone.
Spam, chain letters, junk mail or any other type of unsolicited mass
e-mail to people or entities who have not agreed to be part of such
mailings.
Viruses or other harmful, disruptive or destructive files.
Content containing nudity or pornographic material of any kind to
people under age 18, or to anyone on lists that are not limited to people
age 18 or older.
You further agree: (a) that you will not disrupt or
interfere with another user's use or enjoyment of the services; (b) that
you will not use or attempt to use another person's or entity's account,
service or system without authorization from the owner, nor will you disrupt
or interfere with the security of, or otherwise abuse, the services, system
resources or accounts, or any servers or networks connected to the services;
(c) that you will not attempt to obtain unauthorized access to services,
or to private lists on the services; (d) that you are solely responsible
for your actions in relation to services, and for any communications transmitted
under your account; (e) that you will not forge header or address information
or otherwise impersonate another or create a false identity; (f) that
you will not systematically extract, collect or harvest, through electronic
means or otherwise, any data or data fields, including without limitation,
lists, list owner identities, or email addresses, from our website; (g)
that you will not disrupt the normal operations of the services or cause
any substantial change in the usual content or frequency of emails sent
using the services; (j) that you will comply with all laws relating to
the transmission of technical data or software exported from the United
Kingdom; and, (k) that you will comply with all applicable local, national
and international laws and regulations, including without limitation those
related to privacy and data collection. You agree that we may in our sole
discretion remove any material that appears to violate any of the foregoing,
and may immediately limit or terminate your account or access if it appears
you have violated any of the provisions as described herein.
Fees and Payment Terms
You hereby agree that payment for the use of our services will be made
in advance through our secure payment system which is provided by World
Pay (www.worldpay.com).
We reserve the right to modify the fees charged for the services from
time to time, provided that such modifications will not take effect earlier
than thirty (30) days after we post such modifications on our website.
Term of the Agreement
The term of this agreement will begin upon your first use of the services
and will end when terminated by either you or us as described herein.
We may terminate this agreement at any time, with or without cause, and
with or without notice. In the event that you would like to terminate
your account, you will need to send notice of termination via email to
cancel@emailworks.co.uk.
No refunds for unused credits will be made if the termination is due to
your breach of this Agreement. Otherwise, the question of refunds will
be decided by us on a case by case basis. If a refund is agreed to by
us, it will be paid, by cheque in UK Pounds Stirling within 60 (sixty)
days of the termination.
Email Works Attribution
We shall have the right to include a one line attribution message such
as: "This message was sent using Email Works" or a similar message, at
the bottom of each email delivered by the service to a List. Such message
shall include a link to a page within our website.
Disclosure of Information
We will not disclose personally identifiable information about you or
your private communications (i.e., content transmitted on private, non-public
lists) to third parties, without your permission, unless we believe such
disclosure is reasonably necessary to: (1) comply with the law or legal
process; (2) protect or defend our rights or property or that of others;
(3) enforce these terms and conditions; (4) respond to claims that the
contents of any communications violate the rights of others; or (5) as
otherwise provided in the agreement. We may access your lists and related
communications for technical processing and to address technical problems
or service complaints.
Proprietary Rights
We do not claim ownership of the materials you provide to us for purposes
of using the services and which were created by you or on your behalf.
By transmitting such materials for distribution to your lists, you grant
us a worldwide, royalty-free, and non-exclusive license to reproduce,
modify, adapt and publish such materials solely for the purposes of providing
the services to you.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU
EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT THE SERVICES WILL
MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR
DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH USE OF THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY
MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH
THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME
OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitations of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL
EMAIL WORKS OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY
TO USE THE SERVICES OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS
OF OR THROUGH THE SERVICES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS
SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT WE
ARE NOT LIABLE FOR ANY FAILURE TO DELIVER, HOLD OR STORE EMAIL TRANSMITTED
THROUGH THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR
EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. Without
limiting any of the foregoing, we are not responsible for any of your
materials and data residing on our network hardware. You are responsible
for backing-up your materials and data that may reside on our network
hardware, whether or not such materials and data are produced through
the use of the services. It is your responsibility to take the necessary
steps to ensure your primary means of business is maintained. In no event
will we be liable to you for more than the actual amount that you paid
for the use of the services during the term of this agreement.
Indemnification
You agree to indemnify, defend and hold harmless Email Works, its parents,
subsidiaries, affiliates, officers, directors, employees, agents, and
suppliers, and their respective affiliates, officers, directors, employees,
and agents, from any claim, action, demand, or damage, including reasonable
attorney's fees, made by any third party arising out of or related to
your use of the services or your violation of this agreement, including
without limitation the infringement by you or any other user of your account,
of any intellectual property or other right of any person or entity. We
may, at our sole discretion, assume the exclusive defense and control
of any matter subject to indemnification by you. The assumption of such
defense or control by us, however, shall not excuse any of your indemnity
obligations.
General
This agreement shall be governed by and construed in accordance with the
laws of the United Kingdom, without giving effect to its conflict of laws
provisions. You agree that you will bring any claim or cause of action
arising out of your use of the services or this agreement in the courts
located within the United Kingdom and you also agree to submit to the
personal and exclusive jurisdiction of those courts. You agree that any
claim or cause of action arising out of your use of the services or this
agreement must be filed within one year after such claim or cause of action
arose or it shall be forever barred, notwithstanding any statute of limitations
or other law to the contrary. If any provision contained in this agreement
is determined unenforceable, then such provision will be severed and replaced
with a new provision that most closely reflects the intent of the original
provision, and the remaining provisions of this agreement will remain
in full force and effect. No waiver of any provision of this agreement
shall be effective except pursuant to a written instrument signed by us
waiving compliance, and any such waiver shall be effective only in the
specific instance and for the specific purpose stated in such writing.
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and us as a result of this agreement or your use of
the services. You shall not assign this agreement or any right, interest
or benefit under this agreement without our prior written consent. This
agreement sets forth the entire agreement between you and us, and supersedes
any and all prior communications and proposals, whether electronic, oral
or written, between you and us with respect to the services. A printed
version of this agreement and of any notice given in electronic form shall
be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated
and maintained in printed form.