We provide automated email marketing, email, or transactional solutions through our website.
This webpage defines the terms and conditions of DefiniteMail’s services. These terms and conditions will take preference over all the negotiated terms between the user and DefiniteMail shared earlier.
Unless specified otherwise, the user will pay the subscription fee at the time of subscribing and in the same currency in which the invoice is made.
The displayed prices on the website are exclusive of VAT and charges . The additional charges added in the invoice will depend on the regulatory or statutory provisions and the country of residence of the user.
Account Management of Users
To avail DefiniteMail’s services, the user must set up an online account on our website. The user must take responsibility to provide up-to-date personal information or ask DefiniteMail to make immediate changes to the info.
The user will have to take all the required measures to protect the account from unauthorized access.
In case his/her account gets hacked or he/she finds any unauthorized person using it, the user is to notify DefiniteMail immediately so that the account password can be changed effectively. Until DefiniteMail is notified of illicit activity on the user’s account, every cost and damage resulting from the activity will be on the part of the user.
Under any circumstance, DefiniteMail will not be held accountable for any unsubstantial or material damages that the user may face as a result of account handling by any unauthorized personnel; either with or without the consent of the user.
All the sent and received messages through this platform are archived by DefiniteMail. We maintain the distribution lists from the time the account is opened and updated by the user. DefiniteMail safeguards the administrative, technical, and material security, confidentiality, and integrity of each user’s credentials.
Use of Services
Compliance with Relevant Protocols
Every party somewhat pronounces that they will abide by all the laws governing these activities.
The user pledges that the data sent through DefiniteMail’s services does not breach any the provisions of any international contract or pertinent regulatory or statutory requirements particularly those in force in the USA, in the country where a user may be residing. The delivery of emails to customers is subjected to the USA Telemarketing, Federal Telephone Consumer Protection Act.
DefiniteMail’s Industrial and Intellectual Property Rights
Every invention, trademarks and brand, technology, designs, processes, software, services, and programs that are exhibited on the website or are manageable via DefiniteMail’s services or by the site are the property of DefiniteMail or its licensors. The user pledges not to use the above-mentioned objects for any selfish gains or purposes other than the ones allowed via this document.
User’s Intellectual Property Rights
Every user approves of DefiniteMail to use their visual and name, brand identity merely for the sake of the activation of its services.
Every user vows to DefiniteMail:
- that he/she will not and has not, through any means or assignment to a moderator, commence with any action that may settle the use of industrial or intellectual property rights;
- That no complaint or litigation is filed or is unresolved that would settle on the intellectual property rights.
- that he/she possesses the complete authority and power and grant and use industrial and intellectual property rights and that these rights are in no way allocated, attributed, overloaded or compromised to an intermediary;
- that he/she will not and has not presented reproduction, resemblance or any sequence likely into campaigns or to disrupt the rights of the third party;
Furthermore, the user embarks on to protect DefiniteMail from any complaint, accusation or harm coming from the third-party user against the company, as a result of failure to comply with the above warranties.
The use of DefiniteMail’s services by the users is severely subjective and is not to be transferred or rented out to any third party for a cost or free of charge. With the exception where pre-authorized by DefiniteMail, a subscriber may get only one account.
All following sabotages or damages are prohibited:
- Access to services
- networks connected to a DefiniteMail server
- IT systems
- Attempt to hack the servers is also strictly prohibited.
Any users’ attempt to hamper the services or block the services for other users, or liability to overload, disable or damage connected networks or infrastructure is strictly forbidden.
The use of facilities with the purpose of selling services or products related to fraudulent or illegal actions or inspiring such actions, specifically but not limited to a material containing violence or encouraging violence against children, weapons or grenades, instructions for
creating or assembling bombs, hacker programs or illegal drug-related actions is strictly prohibited.
Any use of services that breaches the principles applicable to personal data protection, anti-phishing, anti-spam, email marketing or telemarketing is banned. Also, any services that encourage the violation of third party rights are forbidden.
If the user does not comply with the terms, DefiniteMail possesses the rights to instantly block any user from opening its amenities and erase all of the evidence in his/her account without compensation, refund, or prior notice.
DefiniteMail stashes the right to limit or decline service to any user or account that does not comply with our policies and distributes unsolicited communications, or legislation governing business communications.
Accounts involved in the following activities may only be authenticated under precise conditions:
- Communications to links reaped from social networking platforms, like Viadeo and LinkedIn
- Dating services
- Gambling, lottery, and Gaming
- Astrology and Clairvoyance
The following activities and matters are outlawed on the DefiniteMail platform:
- Soliciting employment
- Erectile dysfunction remedies
- Sexually explicit e-commerce or pornography
- Weight loss
- Penny stocks, trading schemes and Forex
- Pyramid and financial schemes and work from home
- Addresses of individuals who didn’t allow the use of their email address
- All illegal activities
- Political lists including governmental, consular, etc. comprising of individuals’ addresses that have not provided their explicit agreement to receive infrastructures from a recognized publicist.
Guarantees and Responsibilities
The liability of the user
Every user is to take responsibility for the emails sent to them following the terms and conditions.
The user is to be held accountable for any disobedience with these conditions or DefiniteMail’s or anti-spam policies or confidentiality, or any regulatory or statutory provisions ascending from an appropriate international contract.
The user is subjected to safeguard DefiniteMail from any legal recourse, damage, or complaint by an arbitrator as a consequence of the user impious towards these conditions or DefiniteMail’s anti-spam or confidentiality policies, or any regulatory or statutory provisions.
DefiniteMail’s Guarantees and Liability
DefiniteMail provides assurances to the user that it will deliver its facilities in agreement with these standings and situations.
Any reimbursement due by DefiniteMail to the third party or user as a consequence of an invasion of obligation by DefiniteMail, its partners or its subsidiaries while acting in harmony with the current terms and conditions, shall not surpass the fee paid by the user for the services that offered an increase to the aforementioned obligation.
DefiniteMail does not methodically exhibit the message content sent to the distribution lists by the user, for which user is to be held responsible.
DefiniteMail cannot be held responsible, under any circumstances, concerning third parties for harm as a result of sending SMS or emails from the account of the user, in any size.
Termination and Duration
The contract has a lifetime validation date
The user has the authority to terminate it from their personalized accounts anytime. Once the contract is terminated, the amount paid in exchange for DefiniteMail’s services by the user, including any fresh sending quotes, remain due to DefiniteMail.
DefiniteMail has all rights reserved to cancel or even terminate the user’s contract within the duration of the 15-day period, in case the user does not adhere to the company’s regulatory or statutory provisions raised from the applicable global agreement, anti-spam policies or confidentiality. DefiniteMail is not obliged to provide any prior notice to the user if he fails to comply with our terms and conditions.
Changes in the DefiniteMail’s Terms and Conditions, Products, and Policies
You can view the latest upgraded products, anti-spam confidentiality policies or terms and conditions of use by visiting the website www.definitemail.com
Force majeure is an unforeseeable act or event created by God or any unforeseen catastrophe that is acknowledged by the jurisprudence of the United States courts. It makes it impossible for the user or party to comply with the defined requirements resulting or may appear to be very costly for the user; resultantly he/she does not approve of them or else cannot act on them.
In case of force majeure, the liability of any party may be besought if they show any delay or hindrance or any hesitation in complying with the defined obligations in this section.
In addition to those expressed by the law of US courts, the following cases are to be considered as force majeure, without this list considered as restrictive
- Power outage or total blackout lasting for over 2 days/48 hours
- Any interruption in the service delivery of DefiniteMail’s services or any hurdle in the service provision of its supplier or subcontractor as a result of telecommunications blockage, computer breakdown, as a result of cyber-attack, or its supplier or subcontractor stopping the standard operation of services; or an irregularity by the service provider in the service provision
- Revocation, suspension, or cancellation of approval by any capable authority, or governmental or statutory restrictions
- Natural calamities that may destroy infrastructure including water floods, heavy rains, tornados, domestic and wildfires or storms
- Supply or transport blockages for any reason, lock-outs; national operator or a supplier, partial or total strikes inside or outside the company,
- Acts of terrorism, sabotage; demonstrations; riots; armed conflicts; wars;
In case of any above-mentioned force majeure, both the parties will inform the other through verified email along with the delivery receipt.
Security of the Personal Data of User
Every piece of information, within the possibility of its profitable association with the user, collected by DefiniteMail will be processed and used for the sake of,
- business development management;
- accounting and commercial management that comes under the confines of the contract
- the observing of regulatory agreement and accumulating the sales statistics with respect to data protection act
In association with the USA Data Protection Act, every user has all the rights to edit, access, amend or change his/her personal information, which they can do by logging into their accounts or by simply sending an email on firstname.lastname@example.org .
Limited Nullity of the Agreement
If the overall intent and balance of the contract are retained, then the cancelation or removal of one or more clauses in the agreement will not affect the validation of it.