- Services and Support
- All Services provided by GraphicMail are subject without
limitation to this Agreement. The services are also subject to GraphicMail’s Privacy
Policy and GraphicMail’s Anti-Spam Policy. Quattro Internet Solutions may modify
the terms of the Agreement and may discontinue or revise any or all other aspects
of the Services at its sole discretion. Updated versions of this Agreement on the
Services will be posted on the Terms & Conditions page on Graphicmail.com. All
changes become effective upon the posting of the revised Agreement on the Services.
- The Services are available only to persons who can form
legally binding contracts.
- You must complete the registration form on the Sign
Up page in order to use the Services. You will provide true, accurate, current,
and complete information about yourself as requested in the registration form. You
are responsible for maintaining the security of your account, passwords, and files
and for all uses of your account and of the Services in your name. Quattro Internet
Solutions reserves the right to refuse registration of, or cancel, accounts it deems
inappropriate.
- Fees
- The Services will be subject to monthly or annual subscription
fees. Once you have completed your free trial period your access to GraphicMail
will be suspended unless you take a subscription. You will be notified via email
of the termination of your free trial period and may at that time purchase, in advance,
a monthly or annual subscription.
- Monthly or annual subscriptions are billed monthly or
annually, in advance, according to the Fee Schedule selected by you at sign up.
Monthly and annual send credits expire at the end of each month or year, but extra
send credits do not. The Fee Schedule, including subscriber levels and prices, are
subject to change at any time.
- Payment of your GraphicMail Subscription will be made
by a valid credit card accepted by Quattro Internet Solutions using the WorldPay
transaction system. You hereby authorize Quattro Web Solutions to charge your credit
card for such amounts on a regular basis, generally on the renewal date of your
Subscription to GraphicMail. Fees are payable in US dollars. If Quattro Web Solutions
is for any reason unable to effect automatic payment via your credit card, you will
be notified via email and your GraphicMail account will be disabled until payment
is received.
- Refunds - Given at least 5 working days notice
in writing, Quattro Internet Solutions, Ltd. may offer at their discretion to make
a full or partial refund of unused Credits for the remaining period to the GraphicMail
Subscription.
- Restrictions and Responsibilities
- This is an Agreement for Services. You are not granted
a license to any software by this Agreement. You will not, directly or indirectly:
reverse engineer, decompile, disassemble, or otherwise attempt to discover the source
code, object code, or underlying structure, ideas, or algorithms of, or found at
or through the Services or any software, documentation, or data related to the Services
("Software"); remove any proprietary notices or labels from the Services or any
Software, modify, translate, or create derivative works based on the Services or
any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber
rights to the Services or any Software.
- If you are using the Services in any country in the
European Community, the prohibition against modifying, translating, reverse engineering,
decompiling, disassembling or creating derivative works based on the Services or
the Software does not affect your rights under any legislation implementing the
E.C. Council Directive on the Legal Protection of Computer Programs.
- You acknowledge and agree that GraphicMail and the Quattro
Internet Solutions company names and logos and all related product and service names,
design marks and slogans, are the property of Quattro Internet Solutions or its
affiliates or suppliers. You are not authorized to use any of the Marks in any advertising,
publicity or any other commercial manner without the prior written consent of Quattro
Internet Solutions. Your use of the Services confers no title or ownership in the
Service, the Software or the Marks and is not a sale of any rights in the Service,
the Software or the Marks.
- You represent, covenant, and warrant that you will use
the Services only in compliance with the Agreement, the US CAN-SPAM Act and the
European Privacy Directive and all other applicable laws (including but not limited
to policies and laws related to spamming, privacy, obscenity, or defamation).You
agree you will not access or otherwise use third party mailing lists in connection
with preparing or distributing unsolicited email to any third party. You hereby
agree to indemnify and hold harmless Quattro Internet Solutions against any damages,
losses, liabilities, settlements, and expenses (including without limitation costs
and reasonable attorneys' fees) in connection with any claim or action that arises
from an alleged violation of the foregoing or otherwise arising from or relating
to your use of GraphicMail. Although Quattro Internet Solutions has no obligation
to monitor the content provided by you or your use of the Services, Quattro Internet
Solutions may do so and may remove any such content or prohibit any use of GraphicMail
it believes may be (or is alleged to be) in violation of the foregoing.
- Every email message sent via GraphicMail must contain
an "unsubscribe" link that allows visitors to remove themselves from your mailing
list. You agree that you will not remove, disable or attempt to remove or disable
either link. Quattro Internet Solutions may immediately disable your access to GraphicMail
if you violate this restriction.
- The Services may only be used for lawful purposes. Transmission
or solicitation of any material that violates European Community or United States
federal, state or other laws that may apply in your local area is prohibited. This
may include material that is obscene, threatening, harassing, libellous, or in any
way a violation of intellectual property laws or a third party's intellectual property
rights.
- For every email message sent in connection with the
Services, you acknowledge and agree that the Services may automatically add an identifying
footer stating "Powered by GraphicMail™" or a similar message. You agree to cooperate
with and provide reasonable assistance to Quattro Internet Solutions in promoting
and advertising GraphicMail.
- GraphicMail and Quattro Internet Solutions will not
share information you may upload (such as email addresses, name, contact information,
or other registration information) to GraphicMail. Quattro Web Solutions may use
this information and any technical information about your use of the Services to
tailor its presentations to you, facilitate your movement through the Service, or
communicate separately with you. If you licensed the Services as a result of solicitation
by a Reseller or Franchisee of GraphicMail™, GraphicMail™ may share your information
with the Reseller or Franchisee.
- Quattro Internet Solutions will not use your customer
list or any other customer information for any other purposes than those intended
with the service. Your customer information will not be shared with any other parties.
GraphicMail™ will not use your customer information for the purpose of sending unsolicited
commercial e-mail.
- You will adopt and maintain the Email Privacy Policy
and the Anti-Spam Policy, which may be modified by Quattro Web Solutions from time
to time.
- Termination
- You may terminate this Agreement at any time by sending
an email message to support@Graphicmail.com or by sending written notice to Quattro
Internet Solutions at 15 Wandel Street, Cape Town, South Africa.
- Quattro Internet Solutions may immediately terminate
this Agreement and suspend access to GraphicMail without refund if you are in violation
of any of terms outlined in Section 2. Restrictions and Responsibilities.
- Quattro Internet Solutions will delete any of your archived
data within 30 days after the date of termination. All sections of this Agreement
which by their nature should survive termination will survive termination, including,
without limitation, ownership, warranty disclaimers and limitations of liability.
- If you do not log into your account for more than 90
days, the account will become inactive. When an account is classified as inactive,
Quattro Internet Solutions will notify you by email.
- Warranty Disclaimer Remedies
- USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE
SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS
AT YOUR SOLE RISK. QUATTRO WEB SOLUTIONS DOES NOT WARRANT THAT THE SERVICES WILL
BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS"
AND QUATTRO WEB SOLUTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or non-performance of the Services
shall be for Quattro Internet Solutions to use commercially reasonable efforts to
adjust or repair the Services.
- Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES
AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL QUATTRO WEB SOLUTIONS
OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS,
ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED
TO FOR PURPOSES OF THIS SECTION AS "QUATTRO WEB SOLUTIONS") BE LIABLE TO YOU OR
ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF QUATTRO WEB SOLUTIONS SHALL HAVE
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, QUATTRO WEB SOLUTIONS IS
FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE
FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE), THE LIABILITY OF QUATTRO WEB SOLUTIONS TO YOU WILL BE LIMITED TO
THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION
MAY NOT APPLY TO YOU.
- Miscellaneous
- If any provision of the Agreement is found to be unenforceable
or invalid, that will not prejudice or effect all other terms of this Agreement
from remainiung in full force and effect.
- This Agreement is the complete and exclusive statement
of the mutual understanding of the parties and supersedes and cancels all previous
written and oral agreements, communications, and other understandings relating to
the subject matter of the Agreement. Any waivers and modifications must be in a
writing an signed by both parties. No delay or omission by either party in exercising
any right or remedy under this Agreement or existing at law or equity shall be considered
a waiver of such right or remedy.
- 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 Quattro Internet Solutions in any respect whatsoever.
- In any action or proceeding to enforce rights under
the Agreement, the prevailing party will be entitled to recover its costs and attorneys'
fees.
- The Agreement shall be governed by the laws of the Channel
Islands and the United Kingdom without regard to its choice or law or conflict of
laws provisions.
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