Maxmail Terms of Use

Maxmail User Agreement

Contents

  1. Maxmail Terms of Service Agreement
  2. Definitions and Construction
  3. What is Maxmail?
  4. Who can Join Maxmail?
  5. How Long Do I Have to Sign Up For?
  6. What Does it Cost?
  7. How Do I Pay?
  8. Refunds
  9. Who Am I Allowed to Send Electronic Communications To?
  10. What Are My Obligations?
  11. Are there Any Restrictions?
  12. Security Breaches
  13. When Can We Terminate, Suspend or Restrict Your Maxmail Account?
  14. What Happens on Termination?
  15. Liquidated Damages and Costs
  16. Disputes
  17. Warranties of Compliance (applies to electronic communications sent to EEA residents only)
  18. Limitation of Liability
  19. General Terms

  1. Maxmail Terms of Service Agreement

This document sets out the terms and conditions for your use of Maxmail, which is a service offered by CyberCom (“CyberCom”) (“Maxmail Service Agreement”). Please read it carefully and retain it for future reference. This document is also available online at https://www.maxmailhq.com. By signing up to become a subscriber you are agreeing to the terms of use of Maxmail, and you warrant that you have full authority to enter into this agreement either on your own behalf or on the behalf of a company, organisation or other entity that you represent.

The Maxmail Service Agreement comes into effect from the date that you register for Maxmail and you agree to be bound by the terms and conditions in the Service Agreement from that date. If you are uncertain about any aspects of the Maxmail Service Agreement we suggest that you ask your lawyer to explain this agreement and its effect to you before you register to become a Maxmail subscriber.

We may amend the Maxmail Service Agreement at any time by posting a revised version on our website. Any amendments are effective 24 hours from the time that the revised Maxmail Service Agreement is posted.

It is an offence in many countries to send unsolicited bulk emails. Your use of Maxmail is strictly on the basis that you agree to only send bulk email to people who have consented to receive them or with whom you have a prior business relationship with through the sale or licensing of goods and services.

  1. Definitions and Construction

CAN SPAM law: means the United States of America Act and stands for Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003. Essentially, the law and its amendments set out a number of requirements that need to be met in order to send commercial email to customers.

EEA: means the European Economic Area and is made up of the EU Member States and the three EEA EFTA States (Iceland, Liechtenstein, and Norway).

Electronic communications: means emails, electronic newsletters and other digital content.

Intellectual property rights: means all forms of intellectual property rights and protections of a party and may include, without limitation, all right, title and interests in any patents; confidential information; trademarks whether registered or unregistered; proprietary indicia and copyright material.

ISP: means internet service provider.

Spam: means the practice of sending unwanted and unsolicited email, junk mail, or digital messaging, frequently with commercial content, in large quantities to an indiscriminate set of recipients.

  1. What is Maxmail?

Maxmail is an email marketing platform which enables you to create and send out emails, electronic newsletters and other digital content (“electronic communications”).

When you register we will provide you with the opportunity to create an account login and to choose a secure password.

We also provide image hosting for your electronic communications using Maxmail services at no additional charge to you.

  1. Who Can Join Maxmail?

You can join up as a Maxmail subscriber if are at least 18 years of age and able to legally enter into a binding contract. Before any credits or plans can be purchased our support team will have to verify your account. We may ask you to verify your identity and contact details by providing us with proof such as a copy of your passport, driver’s license or other identity documents as well as proof of your current address.

Companies and other entities may also join up as Maxmail subscribers, however, we may require further information to verify the identity such as your certificate of incorporation. We may also require a natural person (such as a director, trustee, or officer) to provide a personal guarantee. If we do require this we will send separate documentation for the guarantor to complete.

You will also be required to provide us with valid credit card details for the duration of your subscription to Maxmail.

  1. How Long Do I have to Sign Up For?

The minimum term is one month but there are no long term contracts.

You can cancel at any time after the first month by giving us two (2) weeks’ notice.

  1. What Does it Cost?

The prices for Maxmail’s monthly plans are on the website at https://www.maxmailhq.com/pricing.

We do not charge any set up fees.

We reserve the right to change our fees from time to time and the changes will be posted on our website. Any pricing changes will take effect from the date your next payment is due.

  1. How Do I Pay?

Payment is for the full month and you will be billed in advance on the same day of the month or the closest day that you signed up with us (i.e. if you signed up on 20 March your next payment will be due on 20 April and so on.)

You are required to provide us with valid credit card details for the duration of your subscription to Maxmail, and while you have any outstanding balance with us.

You agree to update the credit card details or to replace that information with a further valid credit card for any credit card that expires, or where any payment is declined by your financial institution or credit card processor.

You warrant that you are authorised to use the credit card provided and that you will not request a chargeback for any charges that we may bill to your card for properly provided Maxmail services.

  1. Refunds

We do not provide refunds except as required by law. In particular, we will not provide a refund if your electronic communications are blocked by any third parties.

  1. Who Am I Allowed to Send Electronic Communications to?

We permit you to send electronic communications to the following groups of people only

  • Those who have given you written consent (including electronic) to send them emails and they have not withdrawn that consent subsequently.
  • Those who have provided you with their name and email address or mobile telephone number in connection with goods and/or services either purchased or considered by them and they have not opted out of receiving further electronic communication [or have consented to receive further electronic communications from you] from you.

If you are sending electronic communications to residents of the European Union together with residents in Iceland, Norway and Liechtenstein (European Economic Area (“EEA”) you must comply with the requirements set out in clause 17 in addition to the other terms set out in the Maxmail Service Agreement.

  1. What are my Obligations?

Once you have successfully registered for Maxmail you will be required to choose an account name and password, which you must keep confidential. You are responsible for ensuring the confidentiality of the account name and password, and that any use of the account is authorised.

You must immediately notify us if there is any unauthorised use of your account.

You agree to update any relevant information we may require such as your address and other contact details within ten (10) working days of any changes.

You agree that you will only use the content you load for Maxmail services.

You acknowledge that we own all of the intellectual property rights in the Maxmail service

You agree that you will not use any content in any electronic communication that is not created by you that you do not have permission to use. You warrant that you own all intellectual property rights in, or are licensed or authorised to use, any content that you upload or add to the website for the purpose of creating electronic communications. You further warrant that you have properly obtained releases for all related privacy and publicity rights.

You agree that you will not include in any electronic communications created or sent using Maxmail any information that you know, or should reasonably know, is misleading or incorrect.

You agree that you will comply with all applicable laws in force in your jurisdiction, in particular any laws relating to the sending of electronic communications.

You agree to receive occasional electronic communications from us concerning your account, upgrade offers, educational information and blog updates.

You agree to allow us to copy and transmit copies of the content of any electronic communications to develop algorithms, heuristics and computer tools to identify problems and breaches of the Maxmail Service Agreement.

  1. Are there Any Restrictions?

We do not allow you to include or send in any electronic communication material or content that is or contains:

  • Pornographic or sexually related text, pictures or other content.
  • Defamatory statements or comments.
  • Material that is obscene, indecent, abusive or otherwise offensive.
  • Threatening or graphic violence.
  • Any illegal content including offering to sell illegal substances.

You must not send any electronic communications that violate the CAN SPAM law.

You must not send any emails that may violate any anti money laundering or the countering of financing of terrorism legislation or which seek to solicit money under false pretences (scams).

You may not use any lists of contact details for people you propose to end electronic communications to that you have purchased or rented from third parties.

  1. Security Breaches

We take every precaution to ensure that the Maxmail Service is secure. In the event that there is an unauthorised security breach that may affect you or someone on your distribution list we will notify you of the breach and provide a description.

If we reasonably determine, and notify this to you, that the information should be forwarded to someone on your distribution list you agree to do so promptly. Failure to do so constitutes a breach of the Service Agreement.

  1. When Can We Terminate, Restrict or Suspend Your Maxmail Account?

We may block, suspend or terminate your account without notice to you if:

  • If we receive a request or notification by an ISP. Such a request will usually (although not always) be because of the amount of SPAM complaints received by the ISP.
  • If we believe (in our sole discretion) that you have abused our API. [do we need to explain “abuse” more?]
  • If we discover that you are using an unacceptable number of invalid email addresses. We may use out sole discretion to determine what that number may be.
  • If you breach any of the terms of the Maxmail Service Agreement.

  1. What Happens on Termination?

We will remove any of your electronic communications and related data and/or files from our website and any other storage.

You remain liable to pay any outstanding charges including fees for the current month.

We may claim liquidated damages as calculated in clause 15 from you and you agree that we may deduct these from the credit card authority we hold. You warrant that you will not lodge a chargeback or seek a reversal for any liquidated damages we claim from you.

  1. Liquidated Damages and Costs

You agree that if you breach this agreement we can recover liquidated damages from you. These damages have been calculated as being a reasonable estimate of the damage that would be incurred for any breach.

For any and each breach of this agreement you agree to pay liquidated damages in the amount of 5 times the annual cost of the plan you have chosen (regardless of how long you have had the plan).

Where any breach is a continuing breach you agree that each day that you remain in breach constitutes a separate breach for which liquidated damages are payable.

If you default on of your obligations to us under this agreement you will be liable to pay all of our costs and disbursements associated with that default including all of our actual legal fees and collection fees.

  1. Disputes

The Maxmail Service Agreement is governed by New Zealand law and is subject to the exclusive jurisdiction of New Zealand courts and tribunals.

If a dispute of any kind arises we want to understand and address your concerns as soon as possible so we ask you to contact our Customer Service Centre as soon as possible.

If we cannot resolve any dispute with you we may agree to resolve the dispute using an informal dispute resolution process but this is at our sole discretion.

Unless required by law you must commence any proceeding against us in respect of any dispute within one year of the dispute arising.

  1. Warranties of Compliance (applies to electronic communications sent to EEA residents only)

You warrant that when you compile a distribution list, send electronic communications and collect information using the Maxmail service from EEA residents you will:

  • Clearly describe and will continue to clearly describe in writing how you intend to use the data collected including sending emails if you have obtained the express consent of your customers (and potential customers) to use the data. You must include an express consent to transfer the data to Maxmail as part of this process and you must also comply with the privacy policy you have posted.
  • Have complied and will continue to comply with all data protection and privacy laws and regulations applicable to EEA countries to which you are sending any form of electronic communication using the Maxmail Service. In particular: that you have collected, stored, used and transferred all data relating to any individual in accordance with the country in which the individual resides and you have obtained all necessary consents to enable Maxmail to receive and process that data and forward communications to that individual on your behalf.

You agree to fully indemnify us for any losses or damage we may suffer including our actual legal costs if you are in breach of any of the warranties under this clause.

  1. Limitation of Liability

You assume all responsibility and risk of losses resulting from your use of the Maxmail Service. You agree that we are not liable for any losses or damage that you may suffer or that may be claimed against you for whatever reason. If we are liable then you agree that our liability is limited to the amount actually paid by you for one month of services (which also includes any liability for costs including legal costs) and you release us from any claim in excess of this limitation.

  1. General Terms

We make no warranties in respect of the Maxmail Service or the material on the website.

You agree to indemnify us from all losses (including any costs) resulting from any claims that are not permitted to be brought under the Maxmail Service Agreement and from any claims brought by any third parties in respect of your Maxmail account or your use of the Maxmail Service (whether authorised by you or not).

You agree that we can update the Maxmail Service Agreement and provide other notices and information to you about your Maxmail Account by posting to our website, or by emailing it to you at the email address you have notified to us. You agree that any notices are considered to have been received by you within 24 hours of the time it was posted to the website or emailed to you unless we receive notice that the email was not delivered.

You agree that all information you receive about any users or entities associated with the Maxmail Service is confidential and you will not disclose it or use for any purposes other than in connection with the Maxmail Service. You may not use any information for marketing purposes without the express consent of the user or entity.

You may not assign the Maxmail Service Agreement but we may assign the Maxmail Service Agreement without restriction.

We are not liable for any delay or failure to perform the Maxmail Service Agreement due to any acts beyond our control including but not limited to interruptions caused by hackers or other illegal third party activity, or any internet service provider or telecommunications carriers.

You agree to abide by the terms of our Privacy Policy which is incorporated into the Maxmail Service Agreement.