TERMS AND CONDITIONS OF SERVICE
SendIto strives to offer all its clients a reliable and excellent level of service. If you have any queries we would like to hear these. Please email us or see the “Contact” section at the Site for other contact details. SendIto does not rent, sell, or share personal information about you with other people or nonaffiliated companies. We take your privacy seriously! (for more details see below) We have physical, electronic, and procedural safeguards to ensure protection of your information. SendIto account information is password-protected. Do not share your password with anybody who is not authorized to access your account.
In these conditions, unless the context requires otherwise, the following words shall have the following meanings:
Client or you means the person, firm or company that has requested any Services;
Conditions means the standard terms and conditions of sale set out herein;
IPRs means any and all intellectual property rights including without limit any and all patents, design rights, database rights, copyright, know-how, moral rights, trade secrets, confidential information, trade marks, service marks, trade names and goodwill;
Keywords means those words notified to you by SendIto which control your access to some of the Services including without limit your password and username;
SendIto or we means SendIto.com;
VIE means Virtual Innovative Enterprises Corp.
Netiquette means generally accepted standards for use of the Internet such as, but not limited to, sending bulk unsolicited email, mail bombing, misrepresenting that you have third party authorization and impersonating another person;
Server means the computer servers used to provide the Service;
Services means any services supplied or to be supplied by SendIto (which may include without limit Mailing List Hosting, Mailing List Management, Email Delivery, Auto responder Services, Consultancy) as described in the quote or acknowledgement of order issued by SendIto or as may be agreed from time to time; and
Site means any Internet website we operate.
Where appropriate, you agree to provide such information about yourself as prompted by the Service’s registration form and ensure that it is at all times true, current, accurate and complete. If it is not or we reasonably suspect it is not true, current, accurate and complete then we shall be entitled to suspend the Services until such time as we determine.
You are responsible for the security and proper use of all Keywords and must take all necessary steps to ensure that they are kept confidential, used properly and not disclosed to unauthorized people. You must inform us immediately if you have any reason to believe that any Keyword has become known to someone not authorized to use it or if any Keyword is being or is likely to be used in an unauthorized way or of any other breach of security. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will be entirely liable for all activities conducted and charges incurred under your Keywords whether authorized by you or not. If you forget any Keyword you should contact us and subject to you satisfying certain security checks you will be given a new Keyword to enable you to use the Services. You may change your password and registration details at any time by contacting us.
5) THE SERVICES
The Services shall be as described in the Site and such other material as SendIto provides to you from time to time. We reserve the right at any time and from time to time to amend, improve, correct, discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice and you agree that SendIto shall not be liable to you or to any third party for any such modification, suspension or discontinuance. We will restore the Service as soon as reasonably practicable after temporary suspension. SendIto shall be entitled to restrict bandwidth made available to the Client at any time in order to protect all and any Internet solutions provided by SendIto from time to time when necessary. SendIto shall use its reasonable endeavors to ensure that the Servers and the data contained therein are safeguarded from damage, accident, fire, theft and unauthorized use.
6) OBLIGATIONS OF THE CLIENT
The Client agrees that he/she shall: i) immediately notify SendIto if it becomes aware of any unauthorized use of all or any of the Services and/or Servers; ii) not use the Services and/or Servers for any unlawful purpose or for the publication, linking to, issue or display of any unlawful material (which shall include without limit any pirated software or any material which is obscene, pornographic, threatening, malicious, harmful, abusive, harmful, defamatory or which breaches the rights (including without limit IPRs) of any third party or which is or encourages criminal acts or contains any virus, worm, Trojan horse or other harmful code) whether under US law or regulation, the laws or regulations of the Clients country or any other place where the results of such purpose or such material can be accessed; iii) not use the Services and/or Servers for the publication, linking to, issue or display of any material which in the absolute discretion of SendIto may harm SendIto or any of its clients or bring SendIto into disrepute or may call into question any action taken by SendIto on the Client’s behalf; iv) not use the Services and/or Servers in breach of good Netiquette practices; v) ensure that it has all necessary consents, permissions and licenses to make use of the Services not provide any technical or other information obtained from SendIto and/or relating to the Services or the Terms to any person, company, firm or government which the Client knows or ought reasonably be aware may directly or indirectly lead to a breach of any US law or regulation; vii) not, in breach of good Netiquette practices, use any service provided by any third party (including without limit an Internet website and/or email) for the publication, linking to, issue or display of any material which refers to an Internet website maintained by SendIto or any other services offered by SendIto from time to time; viii) ensure that all material or data hosted by SendIto on any list operated by the Client from time to time or communicated through such list or using the Servers is checked for viruses and other harmful code; ix) keep back ups of all data hosted by SendIto on any list operated by the Client from time to time; x) promptly notify SendIto of any change to its communication address and the Client acknowledges that SendIto shall not be liable for any costs, damages or loss which the Client may suffer or incur as a result of failure to notify such changes to SendIto; and xi) not reverse engineer, de-code or in any way disassemble any software provided by SendIto in relation to the provision of the Services. The Client acknowledges that in order to make proper use of the Services it should have a basic knowledge of how the Internet functions and what types of use are and are not acceptable. The Client acknowledges that SendIto shall have no obligation to: a) manipulate any material which the Client wishes and/or does post on any website it operates or any communication which it issues or sends in connection with any of the Services; or b) validate or vet such material for usability, legality, content or correctness.
7) SPAMMING PROHIBITED
You may not send email with an invalid “From:” or “Reply-to:” address. All messages sent to your list must contain valid email addresses and you must be responsive to all replies from members of your list, including unsubscribe requests. All list messages must include unsubscribe instructions in order that members can unsubscribe themselves from such list. You may not refuse or ignore unsubscribe requests from members of your list. List owners should respond to member requests for manual removal from the list with courtesy and timeliness. You may not use SendIto for one-time mailings to a list of members after which you substantially delete the membership and create a new list. Your membership must be a static, permanent list to which you add or delete new members and/or members subscribe or unsubscribe themselves in the ordinary course. You may not use the Services to send unsolicited email (“spam”), commercial or non-commercial. Your email will be considered unsolicited if your membership addresses are not 100% opt-in by your email list members. If your email addresses came from harvesting, a purchased email list, another mailing list (even with the approval of the list owner), or were compiled by any other method other than direct subscription from your email list members, for the purposes of this Agreement, those emails will be considered unsolicited email (“spam”). If we receive complaints that you are sending unsolicited commercial or non-commercial email (“spamming”), in addition to other rights that SendIto may have under this Agreement or under applicable law, SendIto may, at its sole discretion, suspend your service pending a reconfirmation of your entire email list membership. There is no reduction or refund of fees during period of suspension. This reconfirmation may be carried out by SendIto in any reasonable manner it determines, in its sole discretion, including without limit, sending an email to all of your list members requiring confirmation of their wish to continue their subscription to such list. If SendIto determines in its sole discretion that you have been spamming, in addition to any other rights under this Agreement or under applicable law, (i) SendIto may bring an action in any court of competent jurisdiction to enjoin such activity, it being understood that such activity may cause irreparable harm to SendIto which may not be fully compensable by monetary damages and (ii) SendIto may recover from Client monetary losses caused to SendIto by such activity in an amount equal to (a) $500 for each such item of unsolicited email which Client has sent to each separate and identifiable email address in violation of this Rule, which amount the parties agree is a fair and reasonable estimate of SendIto’s losses which would be occasioned by such violation; or (b) if SendIto can establish a greater amount of monetary loss, the amount of such actual monetary loss suffered by SendIto as a result of such violation including, but not limited to, any damage or loss (including legal fees) resulting from any claim made against SendIto as a result of Client’s conduct in violation of this Rule. In addition to the foregoing, Client shall be responsible for costs incurred by SendIto in bringing such actions, including legal fees.
The current price payable for the Services shall be published on the Site from time to time and confirmed at the time you request us to provide any of the Services. Refunds will be given at the discretion of SendIto. SendIto shall be entitled to vary its prices from time to time however we shall give you at least one month’s notice of such increase and if you are not satisfied with such increase then you will be entitled to terminate the account. The price covers permitted number and size of monthly mailing limits as stated on the Site. If you exceed this limit then SendIto reserves the right to make requests about additional charges for usage above the limit at the prevailing charge rate as stated on the Site. We will endeavor to let you know if your usage exceeds the agreed level, however it is your responsibility to monitor the services being used by you from time to time. All prices quoted to the Client for the provision of services by SendIto are exclusive of any value added tax for which the Client may be additionally liable at the applicable rate. Where the Services are purchased with a monthly payment plan, fee is payable immediately. If, for any reason, there is contention relating to payment for our services, SendIto reserves the right, in any case, to charge an administration fee of $35 to cover costs.
10) INTELLECTUAL PROPERTY
All IPRs relating to the Services provided by SendIto are and shall remain the property of SendIto. All rights in the design and arrangement of the Site, text and graphics and all software compilations, underlying source code, and all other material on the Site are reserved to of SendIto or its licensors. Except as expressly provided below, nothing contained in these term of use or on the Site shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other IPRs. SendIto and all other names, images, pictures, logos and icons identifying SendIto or its services are the property of SendIto in the US and other countries. Other product and company names mentioned on this Site may be trade marks of their respective owners.
The Client agrees to fully indemnify and keep SendIto, its subsidiaries, affiliates, officers, partners, employees and agents fully indemnified from and against all actions, demands, costs (on a fully indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever arising from your breach of the Terms, your use or misuse of the Services, any claims by third parties as to ownership or other rights arising in any way by the Client infringing (whether innocently or knowingly) third party rights (including without limit intellectual property rights).
To the fullest extent permitted by law the Site and its contents is provided by SendIto on an “as is” and “as available” basis and no representations or warranties (expressed or implied) of any kind are made (and they are expressly disclaimed) with respect to the Services, the Site or its contents including, without limit, warranties of merchantability and fitness for a particular purpose. Further, SendIto does not represent or warrant that: (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, secure, or error-free; (iii) any results obtained from using the Services will be accurate, complete or current. You acknowledge that the allocation of risk in these terms reflects the price paid for the Services and that it is not within the control of SendIto how or for what purposes the Services are used. If any exclusion in this license is held to be invalid and SendIto becomes liable for loss or damage that may lawfully be limited then such liability shall be limited to the amount paid by you for the Services. SendIto shall have no liability to the Client for any loss arising from any material, data or instructions supplied whether digitally or otherwise by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or in the wrong form or arising from late arrival or non-arrival or any other fault by the Client or on its behalf. SendIto is not responsible for any delay, malfunction, non performance and/or other degradation of performance of any of the Services caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Client whether or not beyond the Services already supplied. SendIto reserves the right to raise additional charges for any work so arising. If any Services are or become unavailable then SendIto will use reasonable endeavors to repair and reinstate the service within 48 hours of detection depending on the severity of the failure. If failure is caused by the Client or any agent of the Client to whom access to Servers was given then the Client shall pay all costs to reinstate and/or repair the Server. Where such unavailability is due to the negligent failure of SendIto to deal with circumstances within its control and is for more than a total of 48 hours in any 30 day period or for any 6 consecutive hour period then SendIto will at its discretion either pay to you compensation limited to a refund of the fee paid by you for the unavailable Services or provide you with a credit up to the same amount. Neither SendIto nor anyone else who has been involved in the creation, production or supply of the Services shall be liable to the Client or any other person for any loss under Terms, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof by reason of or in connection with the Terms or the Services for any: (i) economic loss of any kind whatsoever, or (ii) loss of profit, business contracts, revenues or anticipated savings, or (iii) damage to the Client’s reputation or goodwill, or (iv) loss resulting from any claim made by any third party, or (v) special, indirect or consequential loss or damage of any nature whatsoever, and the Client shall indemnify SendIto from and against any claim which may be made against SendIto in respect thereof. Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for consequential or incidental damages and therefore the above may not apply to you. If SendIto is prevented or delayed in or from performing any of its obligations under the Conditions due to circumstances beyond its control such as but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency SendIto shall not be liable for this.
The information you provide to us will be stored on computer. We are committed to protecting your privacy. We and any of our associated companies may use the information you provide us to provide a more personalized service and to tell you about changes in our and their service or any new services which we think you will find valuable. If you object to any of these uses at any time, then please inform us by writing to SendIto at the form set out in the “Contact Us” section at the Site. We may also use such information where and to the extent of any requirement to comply with any applicable law, legal process or to enforce any of these Conditions. We will not monitor, edit or disclose the contents of any private communications transmitted via the Servers unless required to do so by law or in the good faith belief that such action is necessary to conform or comply with applicable law, to protect and defend the rights and/or property of SendIto or to protect the personal safety of any of our clients or the public.
The Service may be terminated: i) immediately by either party to the other if the other commits any material breach of any these conditions and which (in the case of a breach capable of being remedied) has not been remedied within a reasonable time period as may be specified in a formal request in writing or by electronic email to remedy the same; ii) immediately by written notice from SendIto if the Client commits any material breach of any these conditions which may impact the Services or Servers of SendIto or the ability of SendIto to provide the services; iii) In the event that SendIto is entitled to terminate the Service for any reason then it shall in the alternative at its sole discretion be entitled to suspend the Services for such period as SendIto shall determine. Upon termination SendIto shall be entitled to immediately cease the provision of the Services.
16) FOREIGN JURISDICTIONS
The Site may contain references or cross references to services that are not available in every country. We do not represent that all Services and content , materials and services on the Site are appropriate or available for use in all geographic locations, and accessing such from certain locations may be illegal and prohibited. Your access to the content, materials and services on the Site from such locations is at your own initiative and we are not responsible for your compliance with local laws or other applicable laws. You will not access the foregoing if prohibited by law.
Any failure or delay by either party in exercising any rights or remedy will not constitute a waiver. Any notice or other communication to be given by a party under this Agreement must be in writing and must be given by delivery at or sending by first class post or by email or facsimile transmission to the last known postal, email address or relevant telecommunications number of the other party. Notices shall be deemed to have been received when in the ordinary course of the means of transmission it would be received by the addressee. To prove the giving of a notice it shall be sufficient to show it was dispatched. A notice shall have been effect from the sooner of its actual or deemed receipt by the addressee. Any termination of this Agreement shall be without prejudice to any other rights or remedies which a party may be entitled to hereunder or at law and shall not effect any previous rights or liabilities of either party nor the coming into or continuance in force of any provision hereof which is expressly or by implication intended to come into continue in force upon or after such termination. If any provision of these Conditions is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the provision shall be deemed to be severable from the remaining provisions and shall not affect their validity or enforceability. Your use of this Site will be governed by US Law and will be deemed to have occurred and been made in USA. If you have any disputes with us or any other aspect of the Site then these will be exclusively resolved in the US Courts. The Client shall not share, re-sell or attempt to share or re-sell the Services, or permit any third party to use and/or access any of the Services for any purpose, without prior consent of SendIto.