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GraphicMail™ (the "Services"), is a web based
software application that offers businesses and web site operators
a software application for HTML design, email list management and
statistical analysis tools. GraphicMail does not allow it's application
to be used for unsolicited commercial emails (UCE). For more detail
on UCE please see our Anti-Spam
Policy. By ticking the check box at the end of the trial form
stating ‘Accept terms and conditions' you are agreeing to these
terms and conditions.
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The GraphicMail service and support
offering |
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All Services provided by GraphicMail
are subject without limitation to GraphicMail’s
Privacy Policy and GraphicMail’s Anti-Spam Policy.
Graphicmail Ltd. may modify the terms of the Agreement
and may discontinue or change any aspects of the Services
at its sole discretion. Any changes to the application
or the terms and conditions become effective upon those
changes being made live on the www.graphicmail.co.uk website.
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The Services are subject to monthly
subscription fees or annual fees. When the free trial
period has been completed GraphicMail reserves the right
to suspend your account unless you sign-up for a monthly
or annual subscription. |
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Monthly subscriptions are billed
monthly, in advance, according to the Fee Schedule selected
by you at sign up. Monthly send credits expire at the
end of each month. Any extra 'top-up' send credits which
can be purchased by client’s with subscriptions
do not. The pricing for extra send credits can change
at any time. In the event that monthly subscription
fees are changed, your fee will remain at the level
at which you signed up for as long as your current subscription
remains live.
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Annual subscriptions are billed annually,
in advance, according to the Fee Schedule selected by
you at sign up. Annual send credits expire at the end
of each year. Any extra 'top-up' send credits which can
be purchased by client’s with subscriptions do not.
The pricing for extra send credits can change at any time.
In the event that annual subscription fees are changed,
your fee will remain at the level at which you signed
up for as long as your current subscription remains live. |
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Payment of your GraphicMail can be
made by Visa or Master Card credit cards using the WorldPay
transaction system. If you take a monthly subscription,
you are authorizing Graphicmail Ltd to charge your credit
card a set amount on a regular basis. The date upon which
the charge will be levied is the monthly renewal date
of your Subscription. If you take an annual subscription,
you are authorizing Graphicmail Ltd to charge your credit
card a set amount on a regular basis. The date upon which
the charge will be levied is the annual renewal date of
your Subscription. Fees are payable in any of the currencies
available in WorldPay. If Graphicmail Ltd is for any reason
unable to deduct the monthly or annual payment from your
credit card, you will be notified via email and your GraphicMail
account will be disabled until payment is received. |
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Refund Policy - All fees paid to Graphicmail
Ltd for GraphicMail are non-refundable, unless an account
is terminated by Graphicmail Ltd for a reason other than
violation of the Anti-Spam policy whereby Graphicmail
Ltd may, at their discretion, make a full or partial refund
of unused Credits. |
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GraphicMail receives
a
four-star rating from about.com |
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Restrictions and Responsibilities |
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Graphicmail reserves all rights other
than those expressly granted in this Agreement, and no
licenses are granted except as expressly set forth herein.
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You will not contest the validity of
Graphicmail with regard to trademarks or other brand features
or content during the term of this Agreement, or after
the expiration of this Agreement. |
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You acknowledge that Graphicmail owns
all rights, titles and interests in and to GraphicMail
including any and all proprietary rights. |
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GraphicMail may only be used in compliance
with the US CAN-SPAM Act and the European Privacy Directive
and all other applicable laws. You may not use third party
mailing lists to distribute unsolicited email to any third
party. You agree to indemnify and hold harmless Graphicmail
Ltd against any damages, losses, liabilities, settlements,
and expenses in connection with any claim or action that
arises from an alleged violation of any national or international
laws resulting from your illegal use of GraphicMail. |
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Graphicmail Ltd reserves the right to monitor the newsletters
created by you and your use of GraphicMail. Graphicmail
Ltd also reserves the right to remove any content or immediately
suspend your use of GraphicMail, if it believes that your
use is in violation of any national or international laws.
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GraphicMail will automatically append
an "unsubscribe" link to all outgoing email
which will allow visitors to remove themselves from your
mailing list. Graphicmail Ltd may immediately suspend
your GraphicMail account if you make any attempt to remove,
alter or disable this link. |
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Graphicmail will automatically append
a "Powered by GraphicMail™" footer and
link to GraphicMail to all outgoing email. Graphicmail
Ltd may immediately suspend your GraphicMail account if
you make any attempt to remove, alter or disable this
footer and link, unless you have come to a commercial
agreement with Graphicmail Ltd about the removal of the
footer and link. |
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Graphicmail Ltd will not share information
you may upload (such as email addresses, name, contact
information, or images) to GraphicMail. Your customer
information will not be shared with any other parties,
unless required under law.Graphicmail Ltd will not use
your customer information for the purpose of sending unsolicited
commercial e-mail. Graphicmail Ltd may use this information
and any technical information about your use of the Services
to facilitate your use of GraphicMail or in communications
with you. |
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You will comply with the GraphicMail
Privacy Policy and the Anti-Spam Policy, which may be
modified by Graphicmail Ltd from time to time. |
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GraphicMail accounts
are provided with a single user licence which cannot
be extended to multiple use or for use by third parties
whether or not for financial gain. Provision of the
account does not grant the user the rights to resell
the functionality contained within the account or to
resell the use of the account to a third party, whether
or not for financial gain, unless you have come to a
commercial agreement with Graphicmail Ltd, forwarded
a completed, signed and valid reseller agreement and
that agreement has been accepted by Graphicmail Ltd.
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Termination |
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This Agreement will have a term beginning
on the payment date of the first monthly or annual subscription.
You may terminate this Agreement at any time by following
the cancellation instruction available from within the
application or by sending an email to support@graphicmail.co.uk. |
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Graphicmail Ltd may immediately
terminate this Agreement and suspend access to GraphicMail
without refund if:
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You are in violation of
any of the terms outlined in this agreement, |
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Any content within your
mailing: |
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is, or could be considered by Graphicmail to be,
detrimental to the reputation of Graphicmail |
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advertises the products or services of third party
newsletter software providers |
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is used to promote third party newsletter software
providers |
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is used to inform recipients of the intention
to transfer to a third party newsletter software
provider |
Graphicmail Ltd is not liable for any commercial damage
to you as a result of it’s decision to terminate
or suspend your GraphicMail account. |
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Graphicmail Ltd reserves the right
to delete any account data, including unused credits within
30 days after the date of suspension or termination |
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Warranty Disclaimer |
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THE GRAPHICMAIL APPLICATION AND ANY
RELATED SERVICES ARE PROVIDED “AS IS” WITH
NO WARRANTY, AND GRAPHICMAIL LTD EXPRESSLY DISCLAIMS ANY
WARRANTY, EXPRESSED OR IMPLIED, REGARDING SUCH SERVICES,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IMPLIED
WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE. |
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Each Party agrees to indemnify
and hold harmless the other party from and against
any losses, claims, liabilities, damages or expenses,
including reasonable attorney’s fees, directly
arising from a material breach of this agreement
by the other party. |
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Limitation of Liability |
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Each Party agrees to indemnify and
hold harmless the other party from and against any losses,
claims, liabilities, damages or expenses, including reasonable
attorney’s fees, directly arising from a material
breach of this agreement by the other party |
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