Service Agreement
All services provided by MailPropeller may be used for lawful purposes only. Transmission or storage of any information, data or material
that is in violation of any Canadian Federal, Provincial or Municipal law is prohibited. This includes but is not limited to:
copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statute.
The subscriber agrees to indemnify and hold harmless MailPropeller from any claims resulting from the use of the service
which damages the subscriber or any other parties.
Spamming, or sending unsolicited e-mail through MailPropeller's systems is strictly prohibited. You may not send commercial e-mail
to anybody other than those who have confirmed their opt-in via MailPropellers opt-in confirmation system. Batching or otherwise attempting to force
e-mail addresses into your list without consent from the owner of such e-mail address will result in immediate termination of your
account without refund.
Unless express written consent has been granted, you may not sell any of the following merchandise or services through MailPropeller:
- pharmaceutical products
- lottery tickets
- escort and dating services
- adult telephone call services
- collection agency services
- adult videos/images/memberships
- message parlour services
- time share sales
- gambling
- extended car warranties
- weight loss vitamins and pills
- cult material
- pre-paid telephone cards
- bail
- credit reporting
- resume preparing services
- pyramid sales
- satellite television sales
Payments will be accepted by Visa and Master Card only. All clients are required to keep their
credit card information up to date for recurring payments. If the credit card information is
declined, any and all recurring services will be immediately terminated. If a client cancels
their rotating capture service prior to the expiration of such service, credit will be applied
to the users account for the unused portion of the capture totalling no more than the monthly
amount of the rotating capture purchase.
Account balances may be withdrawn, in part or in full. There is a 60 day holding period on withdrawal of funds. If any charge backs
occur on a clients account at any time, the client forfeits their account balance to MailPropeller and their account may
be terminated. During the 60 day period, only the funds not requested for withdrawal will be accessible by the client unless the client
chooses to cancel their withdrawal. Client withdrawals are paid by cheque only. Clients are responsible for providing accurate
address information for delivery of the cheque.
Services provided by MailPropeller may be cancelled in writing at any time with no penalty. Customer name and password must be included in the
cancellation request. Cancellation will take effect only when the receipt of the cancellation request is confirmed by MailPropeller.
All leads (e-mail addresses) generated by clients of MailPropeller are held strictly confidential. The leads are never released to any other parties
for any purpose. The information is used only on MailPropeller's servers to deliver messages designated by the subscriber.
MailPropeller does allow clients to sell ad space in their e-mail campaigns. Campaign ad space may be auctioned off and ads which meet the
clients approval will be sold to the highest approved bidders. Clients have the right to accept or refuse any ad bids on their campaigns.
If no approved ads were accepted, the ad space is truncated and only the clients campaign content is sent. Clients are able to create
campaigns that are only filled with third party ads to be auctioned off. In the event that no approved bids are accepted, the e-mail
will not go out and the client will not be charged.
The cost of sending an e-mail is $0.01 USD per e-mail sent. MailPropeller reserves the right to retain a brokerage fee for ad space
sold. This brokerage fee may be anywhere from 0% to 100%. For competitive reasons, MailPropeller does not disclose the exact amount
of commission retained as their brokerage fee.
MailPropeller makes no warranties of any kind, whether expressed or implied, for the service it is providing.
MailPropeller also disclaims any warranty of merchantability or fitness for a particular purpose. MailPropeller
will not be responsible for any damage suffered. This includes loss of data resulting from delays, nondeliveries, misdeliveries,
or service interruptions caused by MailPropeller' negligence or the subscriber's errors or omissions. Use of any information obtained
via MailPropeller is at your own risk. MailPropeller specifically denies any responsibility for the accuracy or quality of information
obtained through its services.
LIMITED LIABILITY. ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF
CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF
OF THE SUBSCRIBER TO THE COMPANY FOR THE CURRENT DAY.
Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability
of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.
This agreement shall be governed by the laws of the Ontario Canada.
These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding
any variance with terms and conditions of any order submitted. Use o MailPropeller service constitutes acceptance of these Terms and Conditions.