Sendn provides small, medium,
and large sized businesses a variety of tools and features to collect
and catalogue visitor email addresses and to create, launch, and
manage online email marketing campaigns. It is strictly
forbidden for this service to be used in the sending of unsolicited
email, often referred to as spam.
The following are the terms and conditions for use of the Services. By creating a Sendn Account and logging in to Sendn, you accept all of these terms and conditions.
1. Acknowledgements. Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:
- Sendn may not be used for the sending of unsolicited email, often referred to as spam.
- Sendn may not be used for unlawful purposes.
- You will be subject to recurring monthly subscription fees once you have completed your free trial.
- You agree you will not access or use third party mailing lists in connection with preparing or distributing spam/unsolicited email.
- Sendn will not use your subscriber list or any other customer information for any other purposes than those intended with the Services.
- You agree to import, manually add or otherwise use only completely permission-based lists in connection with your use of the Services. Lists purchased from the Internet does not constitute an opt-in for your subscriber list.
- Every email message sent in connection with the Services must contain the Sendn "unsubscribe" link in the footer that allows subscribers to remove themselves from your mailing list or update their preferences.
- You agree to process unsubscribe requests within a 5 day timeframe, with the goal to be for the quickest processing possible.
2. Services and Support
The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.
You must fully complete the registration form on the sign-up page in order to use the Services. You must provide true, current, accurate, and complete information about yourself as requested in the registration form. You are responsible for maintaining the security of your account, passwords, and subscriber lists. A working email that you frequently check must be on-file at all times.
3. Free Trial and Payments
You have a free 30-day trial membership with up to 100 subscribers. After the initial free trial expires, you need to upgrade your account to the plan with the number of subscribers you wish to use.
Payment for Services will be made by a valid credit card accepted by Sendn. Sendn currently accepts in US dollars: Visa, MasterCard, American Express, and Discover through PayPal. Fees will be billed on a 30 day cycle in your selected currency (US dollar or Canadian dollar) for Services, starting at the time of your upgrade to your desired plan.
4. Email and Permission
It is impossible to add people manually, only through our forms, in which those subscribers must also confirm their subscriptions. Thus, third party lists are not allowed Prior to the subscriber confirming their intent to enroll in your mailing list by clicking the auto-generated link supplied in an email, you are not to contact them.
You cannot mail to distribution lists, group lists, newsgroups, or spam email addresses. You cannot copy an Sendn template or any other features or functionality from the Services and use them for any purpose other than sending emails from the Service.
You are responsible for monitoring, correcting, and processing unsubscribe requests within 5 days of receiving such notification. Failure to actively process these request may result in the termination of your account. If you need any assistance with the processing of requests, please contact Sendn.
The following content is not allowed to be sent using Sendn:
- lead sales
- pornography/adult content
- promotion or sale of products or services that are deemed unlawful within the United States
- work-at-home offers promoting "get rich quick", "build your wealth" and "financial independence" offerings
If you are found to be hosting prohibited content or distributing prohibited content your account will be terminated.
Sendn may, at its own discretion, immediately disable your access without refund to the Services if Sendn believes in its sole discretion that you have violated any of the email and permission practices listed above, or are partaking in any other conduct deemed inappropriate by Sendn.
5. Responsibilities and Restrictions
Sendn will not use your customer list or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties unless required by law. Sendn will, at times, access your subscriber list to help with the management of it.
This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. Unless you are expressly authorized by Sendn, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Services or the Software. Violation of these restrictions may result in the termination of this Agreement.
The Service shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Services or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
You acknowledge and agree that the Services and the Sendn company names and logos and all related product and service names, design marks and slogans, are the property of Sendn.
You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws). You agree you will not access or otherwise use third-party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless Sendn and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. In addition, you acknowledge and agree that Sendn has the right to seek damages when you use the Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. Although Sendn has no obligation to monitor the content provided by you or your use of the Services, Sendn may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited.
In using the varied features of the Services, you may provide information (such as name, address, contact information, and other registration information) to Sendn. Sendn may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. Sendn will not provide information to companies you have not authorized for that purpose unless required by law or if you are terminated from Sendn due to unsolicited commercial email being sent from your account.
For every email message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating "Powered by Sendn" or a similar message or graphic. You agree to fully cooperate with and provide reasonable assistance to Sendn in promoting and advertising the Services.
You may terminate this Agreement at any time by emailing Sendn. There are no refunds for any fees paid. Termination will only be effective when receipt of your email is confirmed.
Sendn may terminate this Agreement or the Services, or disable your account, in each case at any time with or without cause, and with or without notice. Sendn shall have no liability to you or any third party because of such termination or action.
If your account, at Sendn"s sole discretion, is classified as inactive for over 105 days, Sendn has the right to permanently remove your subscriber data. Sendn will attempt to contact you via email prior to taking any permanent removal actions.
Sendn will delete any of your archived data within 30 days after the date of termination. After termination, you are required to process all unsubscribe requests within 20 days of your last email campaign. Sendn, upon request, will provide the list of unsubscribe requests from your last campaign. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
7. Warranty Disclaimer; Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. Sendn DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND Sendn DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your exclusive and sole remedy for any failure or nonperformance of the Services shall be for Sendn to use commercially reasonable efforts to adjust or repair the Services.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Sendn OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, ACCOUNT PROVIDERS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "Sendn") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF Sendn SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, Sendn IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF Sendn TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
9. Export of Services or Technical Data
You may not remove or export from the United States or Canada or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any laws, restrictions, or regulations of the United States or any other applicable country.
Sendn and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
No partnership, agency, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Sendn in any respect whatsoever.
In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.