Our terms are intended to define our superior service and compliance with anti-spam regulations. By using Mailigen, you are agreeing to be bound by the policies stated therein. We recommend you take a few moments and have a read through.
Mailigen makes a total commitment to the privacy of the information that you provide us with.
Spammers better look elsewhere !
We really shouldn't have to say this because it's a bit of a no-brainer but here goes:
Spamming is not cool, people!! We do not tolerate spam.
IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL NOT BE ALLOWED TO USE THE SERVICES. THIS IS AN AGREEMENT FOR SERVICES AND YOU ARE NOT BEING GRANTED A LICENSE TO ANY SOFTWARE UNDER THIS AGREEMENT.
You are responsible for assuring that all the terms and conditions of this Agreement are complied with.
Mailigen prohibits the use of the Services by any person or entity that engages in any of the following:
Sending unsolicited commercial email is forbidden, see our Anti Spam Policy for more details. If you are unsure about how this applies to your email content, please contact our Technical Support Team before using the service.
1. Monthly Plans
In the case of the Monthly Plan, you will be billed monthly. If the monthly pre-payment subscription payment option is selected, you hereby authorize Mailigen to charge your credit card for such amounts on a monthly basis; generally on the first day of each month. Fees are payable in US dollars. If you choose to pay fees with a credit card you agree to pay them in the form of a recurring payment, under which the subscription fee is deducted automatically basing on the Account plan you have chosen. The recurring payment is initiated on the first day after the expiration date of the previous subscription (hereinafter referred to as the "recurring payment date"). If Mailigen is for any reason unable to receive an automatic payment via your credit card, you will be notified via email and your Mailigen account may be disabled and/or the your ability to use the Services suspended, until payment is received. Monthly pricing will vary based upon subscriber count; you are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by Mailigen.
Our charges for monthly plans are posted on our Website and may be changed from time-to-time. Payments are due for the full month for which any part of the month is included in the "Term." Payments are due for any month on the same date, or the closest date in that month, to the date of the month you signed up with us and made your first monthly payment (the "Pay Date"). For any month for which you have already paid, for which you increase either your number of email addresses or the number of Emails you send out to an amount that causes you to go to another pricing level, except as otherwise provided in this Agreement, you will be required to pay at the higher level on or before the Pay Date for the following month.
If the number of subscribers stored in Customer's account exceeds the subscriber level purchased, Customer's access to and use of the Services will be disabled until either the number of subscribers stored in its account is reduced or Customer upgrades its subscriber level to at least equal the number of subscribers stored in its account. Customer's subscriber level may be upgraded (but not downgraded) at any time during the term of this Agreement. The total number of emails per month that may be sent by each Customer using the Service cannot exceed six (6) times the subscriber level limit. For example, if a Customer's subscriber level limit is 100,000, Customer can send up to 600,000 emails per month. If Customer requires a sending limit higher than six (6) times Customer's subscriber level limit per month, Customer should contact Mailigen’s sales team at email@example.com
As long as you are a Member or have an outstanding balance with us, you agree to at all times provide us with valid credit card information. Any individual using a credit card represents and warrants that he or she is authorized to use such credit card and that any and all charges may be billed to such credit card and will not be rejected.
Whenever you increase the number of email addresses you are using or the number of Emails that you are going to be sending so that you are at a more expensive level, we may, at our sole discretion, require you to pay the difference in the monthly payment before the next Email is sent out.
Paid Subscription Fees are non-refundable. Customer acknowledges that from time to time, delivery of email messages sent using the Services may be blocked or prevented at destination email servers. Customer's payment obligation set forth herein continues regardless of whether delivery of such email messages is prevented or blocked by a third party.
2. Free Trial Period
In the event Customer elects to use the Services on a trial basis, Customer will not be billed for such use for a period of thirty (30) days commencing on the date Customer accepts this Agreement (as indicated below) (the "Trial Period"). During the Trial Period, Customer may use the Services subject to the subscriber limits posted on the Site. The subscriber limits for the Trial Period are subject to change at any time. Once Customer completes its free trial period or exceeds the free subscriber limit (even if Customer manually removes names from its subscriber list), whichever occurs first, the Trial Period will terminate. Upon such termination, Customer may purchase a monthly or annual subscription for the Services.
Trial accounts are limited to 20 subscribers and may send up to 100 emails. Every message is subject to manual message review during the trial period. Messages may be delayed as a result. You may upgrade your account at any time. If you have not upgraded your account by the end of the thirty (30) day trial period, you may log in and manage your lists, but you will not be able to send messages. Mailigen has a no tolerance spam policy that we take very seriously. Your account will be terminated if you send unsolicited email messages.
3. Epic Free account
In the case of the Epic Free email marketing account, customer will not be billed for use of the service as long as the customers subscriber list does not exceed 5,000 subscribers. Program terms require customers to use Mailigen signup forms to build their list.
You may elect to buy "Email Credits" to use our Services, as explained on the "Pricing" page of our website, rather than sign up for a monthly plan. If you select a "Pay-as-You-Go Plan," you will still be considered a "Member" and all the terms of this Agreement will still apply to you other than the requirement that you pay us monthly.
For pay-as-you-go (prepaid) accounts, your email credits "roll over" and do not expire. However, if you do not log in to your account at least once for 12 months, your account (including all campaigns, lists, and other data) may be deleted permanently from our system.
You agree to pay for all emails you send from your account, even if messages are blocked by any third party (we have no control over your recipients' email servers, ISP availability, personal spam filter settings, etc)
1. Intellectual property notices
All content on Mailigen.com, including the logo, articles, other text and graphics are the intellectual property of Mailigen.com and protected trademark, trade dress, patent, copyright and other laws. You may not reverse engineer, decompile, or disassemble any software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Each party shall retain in confidence all proprietary and confidential information transmitted to the other that the disclosing party has identified in writing, or orally and then subsequently identified in writing, as being proprietary and/or confidential, and will make no use of such information except under the terms and during the Term of this Agreement. During the term of this agreement, and after the termination of this agreement, we will use all reasonable precautions and take all necessary steps to prevent your distribution lists from being acquired by unauthorized persons. We will not share (unless required by law), sell or otherwise distribute the confidential information in your account. You agree to use all reasonable precautions and take all necessary steps to prevent our confidential information, data, scripts, object code, source code, programs, business plans, business models, business concepts, communications and any and all further confidential information from being acquired by unauthorized persons, and to take appropriate action, by instruction, agreement, or otherwise, with regard to all persons permitted access to our owned confidential information and data, in order to ensure our confidential information and data are protected. Client shall not disclose any of our confidential information to any person for any purpose other than as provided in this Agreement. However, neither party shall have an obligation to maintain the confidentiality of information that (a) it has rightfully received from another party prior to its receipt from the disclosing party; (b) the disclosing party has disclosed to a third party without any obligation to maintain such information in confidence, (c) enters the public domain or becomes generally known to the public by some action other than breach of this Agreement by the receiving party; or (d) is independently developed by the receiving party. Each party shall safeguard proprietary and confidential information disclosed by the other using the same degree of care it uses to safeguard its own proprietary and confidential information but, in no event, shall use less than a reasonable degree of care. Each party's obligation under this paragraph shall extend for a period of three (3) years following termination or expiration of this Agreement.
3. Force Majeure
We shall not be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, military intervention, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or overloading or slow downs over the internet or any third party internet service providers.
You agree to indemnify and hold Mailigen, subsidiaries, affiliates, officers, agents, representatives, successors, members, principals and other partners and employees harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site or services set forth in this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations, obligations and warranties set forth above. Mailigen reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of Mailigen.
If any term or provision of this Agreement is determined to be illegal, unenforceable or invalid in whole or in part for any reason, such illegal, unenforceable or invalid provision(s) or part thereof shall be stricken from this Agreement, and such provision(s) shall not affect the legality, enforceability or validity of the remainder of this Agreement. If any provision or part thereof is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision that is as similar in tenor to the stricken provision as is legally possible.
6. No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Mailigen in any respect.
7. You hereby acknowledge and agree that Mailigen may identify you as its customer on Mailigen’s website and in its advertising, marketing, and promotional materials, including using your name, trademark, service mark, or corporate logo. Mailigen’s use of your trademark, service mark, or corporate logo will be made in compliance with any publicly posted usage guidelines posted by you. If you wish to remove your information, please contact our sales team.
We disclaim and are not responsible for the behavior of any advertisers, linked websites or other users.
9. Complete Agreement; Governing Language.
This Agreement constitutes the entire agreement between you and Mailigen relating to the Mailigen Service and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by Mailigen. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.