Terms of Use – SquizMAIL services

Thank you for using SquizMAIL. Please read these Terms in full, as they consist very important information and terms, which you must agree if you want to use SquizMAIL. By using SquizMAIL or signing up for an account, you’re agreeing to those terms as a legal agreement. Accepting or applying services also accepts this legal agreement! SquizMAIL (“SquizMAIL” or the “Service”, or “we” or “us”) is an email marketing service offered through the URL www.squizmail.com (“Website”). Service allows you to create mails and landing pages, prepare campaigns and send them to legit opt in contacts (each message is called an “Email”). SquizMAIL is operated by TrendNET d.o.o. limited liability Company. Client using Squizmail service (you) is further referred as “you”. These Terms of Use (“Terms,” including our Privacy Policy, Acceptable Use Policy, API Guidelines and Brand Guidelines) define the terms and conditions under which you’re allowed to use SquizMAIL and how we’ll treat your data and contents while you’re a Member. If you have any questions about our terms, feel free to contact us.

1.

In order to use SquizMAIL, you must:

• Agree to the terms and conditions in this document 
• Be legally responsible person – at least 18 years old 
• Provide true and complete data about yourself and 
• Complete registration process by using SquizMAIL, you represent and accept all the requirements listed above, and that you will not use SquizMAIL in a way that violates any laws or regulations. SquizMAIL may refuse service, close accounts of any users without refund, and change eligibility requirements and conditions at any time. 

2.

When you sign up for SquizMAIL, terms begin and continues for all the time using the system. You officially signed Terms by clicking the button and entering your username means. If you sign up for SquizMAIL on behalf of other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

3.

Both parties may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment or reimburse you for unused prepayment credit. In case of any violation of laws or terms and in abuses as is using other email lists than only your opt – in customers, which you can prove, that they expect your emails, sending SPAM by definition of SPAM on the web site Spamhaus website or sending unappropriated content to contacts, exceeding reasonable frequency of sending messages to customers or in case of received complains of abuse from Contacts, we will terminate account without refund or reimburse. If you will not log into your account for 12 months, we will delete your data from the system. Also we may delete data from our system anytime, if we find abuse or violation of this terms and terminate your account. Acceptable Use Policy Our Use Policy sets rules that you have to follow as a SquizMAIL user. Rules also covers directions of the law, others are common sense rules or behavior rules.

4.

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the email address you gave us. The new Terms will be effective immediately and apply to any continued or new use of SquizMAIL. We may change the Website, the Service, or any features of the Service at any time.

5.

Account and password confidentiality is sole your responsibility. We do not have access to your current password, and for security reasons, we may only reset your password. If detected any unauthorized use of your accounts, you will immediately notify us. Also we are not responsible for any losses due to stolen or hacked passwords. You are also responsible for any account that you have access to, whether or not you authorized the use.

6.

Who is the account owner we decide base on the content of the emails in that account. If multiple people or entities are identified in the content, we will rely on the contact information listed for than account. We do not know the inner workings of your organization, also do not know the personal relationships and we do not arbitrate disputes over who owns an account. You agree that you won’t request access to or information about an account that is not yours. You also agree that you will resolve any account related disputes directly with the other party.

7.

All changes based on our charges for monthly plans are posted on SquizMAIL Website. They can be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same date, or the closest date in that month, to the day you signed up and made your first monthly payment (the “Pay Date”).

8.

SquizMAIL also offer a Pay as You Go plans. Users can therefor insted of signing up for monthly plan choose to buy Email credits. Price for Email credits is determined on the pricing page of our website. Email credits validity is 1 year from purchase date. After that all remaining (unused) credits expire. If you decide tobuy Pay as You Go plan you will still be considered a SquizMAIL member and all the terms of this agreement will still apply to you.

9.

As long as you are a SquizMAIL member or have an outstanding balance with us, you will provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card or make a recurring payment plan trough pay pal. If any credit card expires, you will replace the credit card information with information for a valid credit card. Whoever using a credit card represents and warrants that he or she is authorized to use it, and that any and all charges may be billed to that credit card and won’t be rejected. If for some reason, we are not able to process you credit card order, we will temporarily suspend your account and we will try to contact you by email. Your account will stay suspended until your payment can be processed.

10.

You are entitled to a refund for a prepaid month if we stop providing our Services to you for a reason that is not laid out in these Terms and/or our Acceptable Use Policy, but you will not be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the SquizMAIL Website.

11.

We may change our fees at any time by posting a new pricing structure to our SquizMAIL Website and/or sending you a notification by email.

12.

You shall respect our proprietary rights in the SquizMAIL Website and the software used to provide SquizMAIL (proprietary rights include patents, trademarks, service marks, and copyrights). You may only use our brand assets according to our Brand Guidelines.

13.

All the materials that you upload to SquizMAIL retain your ownership. You represent and warrant that you are the owner or that you have permission to use all of the material that you upload or use in your Emails. Your materials we may disclose or use only as we describe in these Terms and/or our Privacy Policy.

14.

We may disclose and use your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

15.

We may copy, view, and internally distribute content from your Emails and account to create algorithms and programs (“Tools”) that help us spot problem accounts. We use these algorithms and programs (“Tools”) to find Members who violate these Terms or laws.

16.

You promise to follow these rules:

1. You won’t send Spam! By “spam,” we mean the definition on the Spamhaus website. 
2. You won’t use purchased, rented, or third-party lists of email addresses. 
3. You won’t violate our Acceptable Use Policy, which is part of this Agreement. 
4. If you use our API, you’ll comply with our API USE Policy. If you violate any of these rules, then we may suspend or terminate your account. 

As a service provider we provide service as is so we and our team won’t be liable for any indirect, punitive, special or consequential damages or harm under any circumstances even if they are based on negligence or we’ve been advised of the possibility of these damages that may result out of your breaching of these Terms (for example if you are sending or have sent spam (by definition of spam), if you are sending e-mails that violate anti-spam laws, if you host images for anything other than your e-mails or use our resources in any way that is not permitted by these Terms, if you used purchased, rented or third party lists of email addresses, or if you violate these Terms and/or our Legal terms which is part of this Agreement and/or Acceptable Use Policy which is part of this Agreement in any other way). Spam The definition of spam is accessible through the web site Spamhaus website. Spam, in short definition, means “unsolicited bulk email”. For example, you are spamming when you send people mass email without their permission.

17.

If you received spam that you think came from a SquizMAIL user, please report it to our abuse team, we want to hear about it so that we can react accordingly. Also if you think anyone has posted material that violates any copyrights, then you may notify us according to our Copyright Policy. If you think anyone is violating any of these Terms, please notify us immediately. Reporting Abuse Every SquizMAIL campaign has an embedded Campaign Tracking ID (CID) in the header that makes it easy to report suspected spam. If it doesn’t contain a CID, then it didn’t come from SquizMAIL. 

18.

Our bandwidth and image hosting is only available for your SquizMAIL emails and email campaigns. On our servers you may not host images for nothing else.

19.

You represent and warrant that your use of SquizMAIL will comply with all applicable laws and regulations. It is sole your responsibility to determine whether SquizMAIL services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you use our Service and you are subject to regulations (like HIPAA for example), we won’t be liable in any way if SquizMAIL Service does not meet those regulations requirements. If you are located in the EEA (European Economic Area) or send to anyone in the EEA (European Economic Area), you represent and warrant that in creating your Email distribution list, sending Emails via SquizMAIL, and collecting information as a result of sending Emails, you:

1. Will in writing clearly describe how you plan to use any data collected, including for your use of SquizMAIL. As a part of this process you will get express consent to transfer data to SquizMAIL, and you will comply also otherwise with whatever privacy policy you have posted. 
2. Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through SquizMAIL. 
3. Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow SquizMAIL to receive and process data and send communications to that individual on your behalf. 
4. Agree to indemnify and hold us harmless from any losses, including attorney fees that result from your breach of any part of these warranties. 

European Economic Area

This provision applies to those who are sending e-mail(s) to or from the European Economic Area. The European Economic Area consists out of countries that are part of the European Union. Also Iceland, Liechtenstein and Norway are part of the European Economic Area.

20.

Software that supports the SquizMAIL Services (the “Software”) is subject to European Union export controls. None of the software that supports the SquizMAIL Services (the “Software”) may be downloaded or otherwise exported or re-exported in violation of European Union export laws. Downloading and using the software that supports the SquizMAIL Services (the “Software”) is sole your responsibility and you are doing this at your own risk. Export Controls European Union Export Laws are set up either jointly by the EU Council and European Parliament and by the Commission alone to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements.

21.

Limitation of Liability You assume full responsibility to the maximum extent permitted by law for any loss that results from your use of the SquizMAIL Website and the Services. That includes any downloads from SquizMAIL Website. We (and our Team) won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they are based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.

22.

No Warranties To the maximum extent permitted by law, we provide the Service and the material on the Website as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Warranties of Merchantability People use SquizMAIL for many of reasons, so we can’t guarantee that it will meet your specific needs.

23.

Indemnity you agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

24.

We are entitled to recover reasonable attorney fees and any damages or other relief we may be awarded in case if we file an action against you claiming you breached these Terms and we prevail.

25.

A breach of these Terms could cause damages, but in some cases proving the actual damages would be impossible. So these cases will result in the corresponding liquidated damages, which are a reasonable pre-estimate of the damages:

1. The liquidated damages will be five times the amount you paid us over past 12 months, but not less than 800 Euros (EUR), if you send emails that violate anti-Spam laws. 
2. The liquidated damages will be four times the amount you paid us over the past 12 months, but not less than 700 Euros (EUR), if you host images for anything other than your emails, or use resources in any way that is not permitted by these Terms. 
3. The liquidated damages will be three times the total amount you paid us over the past 12 months, but not less than 500 Euros (EUR) and the amount owed, if you do not pay an amount within thirty (30) days after we send you a late payment notice.

26.

We may seek injunctive relief or other equitable relief if you violate these Terms. Equitable relief means that we may request a court order to stop you.

27.

We may charge you for our costs such as attorney and employee time spent preparing documents, participating in a deposition and retrieving the records, if we have to provide information in response to a subpoena related to your account.

28.

SquizMAIL users have the ability to extend account limits by buying features that are available as add-ons. Such features can be monthly sending limit increase, CRM modul, upload quota increase, etc. Add-ons can change through time without any notice. All available add-ons areaccessible to you at your account settings (Plan AddOns tab). All add-ons besides description also contain a price tag. If you add on a feature that has a charge, then you will be billed that additional amount with each billing cycle for as long as the add-on is active. Some add-ons my have additional terms or restrictions. If you use an add-on in a way that violates the Terms, then we may terminate your SquizMAIL account.

29.

Behavior of any advertisers, linked websites, or other Members is not our or our Team’s responsibility in any way. We and our Team are not responsible for behavior of these.

30.

Any of your rights under this agreement you may not assign to anyone else. Our rights to any other individual or entity we may assign at our discretion.

31.

The Republic of Slovenia (Republika Slovenija) laws will apply to any dispute related to these Terms of the Service. Any dispute related to the Terms, the Privacy Policy or the service itself will be decided by the courts in Republic of Slovenia (Republika Slovenija) and each party will be subject to the jurisdiction to courts of Republic of Slovenia (Republika Slovenija).

32.

In case of any delays or failure in performance of any part of the Service from any cause beyond our control, we and our Team won’t be held liable. This includes, but is not limited to, acts of God, embargoes, changes to law or regulations, terrorist acts, war, fires, riots, earthquakes, nuclear accidents, floods, power blackouts, strikes, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

33.

Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement are the sections that will continue to apply even if this Agreement is terminated.

34.

The rest of the Terms will still be valid and the section will be removed or edited as little as necessary in case if it turns out that a section of this Agreement is not enforceable.

35.

To make this Agreement easier to understand and read, the headers and sidebar text are provided. This fact won’t affect the way this Agreement is interpreted.

36.

Changes to these Terms or amendments won’t be effective until revised Terms are posted by us on SquizMAIL Website. To certain features of the Service additional terms may apply (the “Additional terms”). When you activate the feature than the Additional Terms will be considered incorporated into these Terms. The Additional Terms will control where there is conflict between these Terms and the Additional Terms. We are not giving up any rights under the Terms and we may still take action at some point even if we do not immediately take action on a violation of these Terms.

37.

We can’t change these Terms for any one group or member. There are no changes and no exceptions.

38.

You will take any actions and provide all documents that are necessary to meet your obligations under these Terms.

39.

We will notify you of the breach and we will provide you a description of what happened, if there is an event of a security breach that may affect you or anyone on your Email distribution lists. In case if we notify you and determine that you need to forward all or part of that information to anyone or someone on your Email distribution list, you will immediately do it.

40.

Any notice that we may send to you will be effective when we send it to the last email or physical address that you posted on our SquizMAIL Website or that you gave us. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, SquizMAIL, TrendNET d.o.o., Šlandrova cesta 6A, 3320 Velenje, Slovenia, or any addresses as we may later post on the SquizMAIL Website.

41.

These Terms, our Privacy Policy, Acceptable Use Policy, API Guidelines, all of which are incorporated into these Terms by reference, and any Additional Terms you have agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings. You are hereby confirming that you fully understand the entire agreement (all of its ingredients), its meaning and the language in which it is written (English language). Thanks for taking the time to learn about SquizMAIL’s policies!

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