Mail Minion: Terms of Service
All services provided by Mail Minion Limited may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any UK or US Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Mail Minion Limited from any claims resulting from the use of the service, which damages the subscriber or any other parties.
Spamming, or the sending of unsolicited email, using an email address, URL that is maintained on an Mail Minion Limited machine, or directing traffic to a webpage that contains any reference to Mail Minion Limited is STRICTLY prohibited. Mail Minion Limited will be the sole arbiter as to what constitutes a violation of this provision. This action WILL RESULT in immediate termination of your account without refund. Any service interruptions as a result of subscribers spamming will be billed to the subscriber at £50.00 per hour until service is restored. Subscriber will also be in violation of the Mail Minion Limited Terms of Service and subject to legal action.
Importing or in any way using purchased leads with a Mail Minion account is strictly prohibited. If you paid money or in any way purchased a group of pre-existing leads, these may not be used with Mail Minion Limited. This includes co-registration services, "safe lists" or any type of free leads given to you. Only people that have specifically requested information directly from you may be emailed through Mail Minion Limited.
Batching or in any way trying to script the addition of new subscribers to the web form subscribe methods is strictly forbidden. A script must not be used to auto submit a web form subscriber on behalf of a website visitor. The visitor who desires to subscribe to your list must be the one to activate that subscription process.
You must also NOT use the service to send emails that contain content related to the following industries. Such emails, even if "opt-in", generate a high proportion of complaints and could jeopardize our service for all of our users.
- Pornographic or adult content
- Adult novelty items
- Dating or escort services
- Multi-level marketing
- Pharmaceutical products
- Get-rich-quick, work-at-home schemes or paid surveys
- Online trading, forex trading, or stock market related content
- Gambling services, products or gambling education
- Credit repair, get-out-of-debt content
- Mortgages and/or loans (without prior approval)
- Nutritional Supplements, Herbal Supplements or Vitamin Supplements
- List brokers or List rental services
- Unsolicited marketing email (i.e. without proper permission from recipients)
You must also NOT use the service to a) knowingly send emails containing viruses, worms, or any other harmful code or software, b) send defamatory, harmful, abusive, vulgar or obscene content or material, c) send emails that are not in compliance with all applicable laws, or that do infringe upon the rights of any other party, including but not limited to copyrights, trademarks, privacy rights, moral rights, trade secrets, patents and any other rights d) harass or send threatening content. You must also NOT use the service in a manner that substantially reduces performance for other subscribers, send "mailbombs" or other harmful devices, or engage in activity designed to gain unauthorized access to any of our computers or information.
Mail Minion Limited will be the sole arbiter as to what constitutes a violation of this provision.
Mail Minion Limited exercises no control whatsoever over the content of the information passing through Mail Minion Limited. All leads (email addresses) generated by subscribers are held strictly confidential. The leads are never released to any other parties for any purpose. The lead information is only used on the servers of Mail Minion Limited to deliver the follow up messages designated by the subscriber.
Customers are prohibited from transmitting on or through any of the services of Mail Minion Limited, any material that is, in Mail Minion Limited's sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or that encourages conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
Fees and Payment
Payment is due immediately after date of invoice. The subscriber is responsible for providing up-to-date payment information. Mail Minion Limited will not be held responsible should the subscriber's payment information become out-of-date.
If payment is by credit card, the subscriber authorizes Mail Minion Limited to charge the credit card listed on the subscription form for those charges for Mail Minion Limited services that may accrue from month to month, or for any past-due balances, in order to bring the account to current status. Credit card payments will be billed and charged automatically, and Mail Minion Limited may charge the amount due to the provided card at any time.
Accounts are in default if payment is not received within 20 days after date of invoice. If a subscriber's check is returned by the bank as unredeemable, the subscriber will be deemed to be in default, and will be liable for a "returned check" charge of £25. Accounts unpaid 20 days after date of invoice may have their service interrupted. Such interruption does not relieve the subscriber from the obligation to pay the monthly charge.
Only a written request to terminate your service relieves you of your obligation to pay the monthly account charge. Accounts in default are subject to a late payment charge of $25 and an interest charge of 1.5% per month on the outstanding balance. If the subscriber's state law does not allow an interest rate of 1.5% per month, the maximum allowable rate for the subscriber's state will be charged. If the subscriber defaults, the subscriber agrees to pay Mail Minion Limited its reasonable expenses, including lawyer and collection agency fees, incurred in enforcing its rights under these Terms of Service.
All files, information and mail under the account will be preserved for 20 days from the date the payment is due. If the payment is not received after 20 days, all files, information and mail under the account will be deleted. If the subscriber wishes to use the service again, the subscriber must re-apply as a new subscriber.
The subscriber agrees that Mail Minion Limited has the right to delete all data, files or other information that is stored in the subscriber's account if the subscriber’s account with the company is terminated, for any reason, by either Mail Minion Limited or the subscriber.
System accounts cannot be transferred or used by anyone other than the subscriber. Accounts that have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate cancellation.
The subscriber is the person who is paying for the account. For the avoidance of any doubt, the subscriber is the owner of all of the leads, the data and the content held in each subscriber account.
Service provided by Mail Minion Limited may be cancelled in writing at any time with no penalty. Customer name and password must be included in the cancellation request. Cancellation will take effect only when the receipt of the cancellation request is confirmed by Mail Minion Limited. Mail Minion Limited reserves the right to change the rate by notifying the subscriber 15 days in advance of the effective date of the change. An email or phone request to cancel your account is not considered cancellation.
Mail Minion Limited shall have the right to terminate or suspend service to the subscriber at any time, and for any reason, without notice. If such a suspension is to last for more than 20 days, the subscriber will be notified as to the reason.
Unless otherwise stated in these Terms of Service, the amounts paid by you under these Terms of Service are non-refundable. Therefore, termination of the service does not release you from the obligation to pay any fees already due as per our Refund policy.
We reserve the right to terminate the customers subscription to the service at any time without cause, with immediate effect, without incurring any liability in this respect, except that we will refund a pro rata portion of any pre-paid amounts for the subscription to the service.
We provide customer service via Email, Live Chat or Phone. When requesting customer service or submitting a complaint, you should provide at least your account name. We do not reply or take any action based on "anonymous" support requests. Most customer service enquiries are responded to within 24 hours on business days. You have the right to be advised about the processing status of your support request or complaint.
Mail Minion Limited is committed to respecting intellectual property rights. If you identify copyrighted material that belongs to you, posted without your permission to www.mailminion.com, or sent through the services please follow the directions below to let us know. Our designated agent is: abuse@MailMinion.com. The subject of your communication should be: "DMCA Takedown Request". Your notice must include all of the following:
- a physical or electronic signature of someone authorized to act on behalf of the copyright owner;
- identification of the work that has allegedly been infringed;
- identification of the website material that is allegedly infringing;
- information for the website owner to contact the complaining party, such as a postal address, telephone number, or email address;
- a statement that the complaining party has a good faith belief that the allegedly infringing use is not authorized or legal; and
- a statement that the information in the takedown notice is accurate and, under penalty of perjury, that the author of the takedown notice is authorized to act on behalf of the copyright owner.
Copyright and Trademarks
The service, Mail Minion Limited software, as well as the content included on the www.mailminion.com website, such as text, graphics, logos, button icons, images, audio clips and software is the property of Mail Minion Limited or its content suppliers and protected by UK and international copyright laws. No part of this website may be reproduced or transmitted in any form or by any means without express written consent of the authors, except as specifically provided and allowed by us.
When you purchase a paid account the Mail Minion Limited billing system charges your credit card for the initial billing period. After that, the billing system automatically renews your account every 30 days, (every 360 days if you choose the annual plan or 720 days if two year subscription is chosen) and charges the appropriate amount to your credit card. If you cancel your account or if we terminate the service, no further amounts will be charged to your credit card. However, you are responsible for any amounts already charged to your credit card.
Our service is a pay-as-you-go service. Therefore, we do not issue refunds, even if you cancel your account immediately after your credit card is charged for the new billing period. For example, if we charge your credit card on September 10th, and you cancel your account on September 15th, you are still responsible for paying for the entire month (or year, if you have selected an annual plan.) No subsequent charges are applied to your credit card, but the amounts already charged are not refunded.
We do not guarantee any minimum response times or delivery times in connection with performance of the service. We may, at our sole discretion and without liability, change or modify the features of the service or modify or replace any provided equipment, or software used to deliver the service, provided that this does not have a material adverse effect on the service. We may perform scheduled or emergency maintenance (including temporary suspension of the service if necessary) to maintain or modify the service without previous notice given to you and without any liability on our side. However, in the event of scheduled maintenance that would last for more than one day, we will use reasonable efforts to give you at least one day's notice. Scheduled maintenance will be carried out with an aim to minimize business interruption. We also reserve the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the www.mailminion.com website, at any time without prior notice.
Disclaimer of Warranties
Mail Minion Limited makes no warranties of any kind, whether expressed or implied, for the service it is providing. Mail Minion Limited also disclaims any warranty of merchantability or fitness for a particular purpose. Mail Minion Limited will not be responsible for any damage suffered. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by the negligence of Mail Minion Limited or the subscriber's errors or omissions. Use of any information obtained via Mail Minion Limited is at your own risk. Mail Minion Limited specifically denies any responsibility for the accuracy or quality of information obtained through its services.
You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable lawyers' fees) relating to any acts by you or materials or information transmitted by you in connection with the service, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.
Limitation of Liability
LIMITED LIABILITY: ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOUR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR THE CURRENT MONTH.
Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.
Neither party shall be responsible for any delay or failure in performance of their obligations under these Terms of Service due to Force Majeure or other occurrences that are beyond reasonable control of the party in default or failing to fulfill obligations. By Force Majeure the Parties understand as an exceptional occurrence, caused by an external factor which cannot be foreseen and which could not be prevented. Force Majeure occurrences include in particular: war, natural disasters, strikes, breakdowns, DDoS attacks or other disruptions in telecommunication networks or data communication infrastructure, emergency government action and administrative measures, activities of entities that affect the provision of the Service, and whose activity is independent of the Parties.
Choice of Law
This agreement is governed by the law of England and Wales, and is subject to the exclusive jurisdiction of the courts of England and Wales. For the avoidance of doubt, you agree to submit to the jurisdiction of the courts of England and Wales and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of England and Wales.
These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of Mail Minion Limited service constitutes acceptance of these Terms and Conditions.
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