Through EmailLoop (the "Services") EmailLoop ("EmailLoop") provides
web site operators and other individuals a variety of tools and
resources to collect visitor e-mail addresses and to create, launch, and
manage online e-mail campaigns. This service may not be used for the
sending of unsolicited e-mail (sometimes called "spam"). See our
Anti-SPAM Policy. The following are the terms and conditions for use of
statement. I accept these terms and conditions" box on the Free Trial
page or after logging in for the first time, you accept these terms and
Services and Support
- The Services are provided subject to this Agreement, as it may
be amended by EmailLoop, and any guidelines, rules or operating
policies that EmailLoop may establish and post from time to time
(the "Agreement"). By posting updated versions of the Agreement at
the EmailLoop web site, or otherwise providing notice to you,
EmailLoop may modify the terms of the Agreement and may discontinue
or revise any or all other aspects of the Services at its sole
discretion. All such changes shall become effective upon posting of
the revised Agreement on the Service.
- The Services are available only to persons who can form legally
binding contracts under applicable law. Without limiting the
foregoing, the Services are not available to individuals under the
age of 18. If you do not qualify, please do not use the Services.
- The Services enable corporate web sites, small business web
sites, and community sites to sign up web site visitors, collect and
retrieve visitor sign-up data, and develop and execute e-mail
communications with visitors and other targeted prospects.
- Both the number of e-mail messages sent and the number of
KiloBytes of data transferred are metered by EmailLoop. Normal
EmailLoop accounts allow you to send an unlimited number of e-mail
messages. The total KiloByte data transfer of each message can be no
more than 100kb.
- All email delivery prices are subject to change at any time. All
fees paid to EmailLoop for EmailLoop are non-refundable, unless an
account is terminated by EmailLoop for a reason other than violation
of the Anti-SPAM Policy. Payment for Services will be made by a
valid credit card accepted by EmailLoop, unless other payment
arrangements have been made between you and an authorized EmailLoop
representative. You hereby authorize EmailLoop to charge your credit
card for such amounts whenever you send a campaign to more than 50
recipients. Fees are payable in US dollars. If EmailLoop is for any
reason unable to effect automatic payment via your credit card, you
will be notified via e-mail. All prices are subject to change and
you are responsible for reviewing the Pricing Schedule from time to
time and remaining aware of the Fees charged by EmailLoop.
- For all accounts, EmailLoop may charge an account re-activation
fee should an account need to be re-activated by customer after an
account has become de-activated due to non-payment or an untimely
authorization for payment.
- 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. As part of the registration process, you will
identify an e-mail address and password for your EmailLoop account.
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. EmailLoop reserves the right to refuse
registration of, or cancel, accounts it deems inappropriate.
- It is understood that EmailLoop makes no guarantee that HTML
messages will be rendered properly on all recipients' e-mail
programs, due to the wide variety of HTML generation tools
available. EmailLoop makes every attempt to make sure that all
e-mail messages sent through our servers follow e-mail standards,
but we cannot guarantee that messages will look consistent across
all e-mail platforms due to the number of different HTML composition
tools available. For best results EmailLoop recommends, but does not
guarantee, the use of HTML editors that generate HTML that adheres
to W3C standards.
Restrictions and Responsibilities
- This is an Agreement for Services, and 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. The Services shall be used for your
internal business (which includes civic or charitable) purposes only
and you shall not use the Services or any Software for timesharing
or service bureau purposes or otherwise for the benefit of a third
party. 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 the Services and the EmailLoop
company names and logos and all related product and service names,
design marks and slogans, are the property of EmailLoop or its
affiliates or suppliers (collectively, the "Marks"). 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
EmailLoop. 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. All ownership
rights remain in EmailLoop or its third party suppliers, as the case
- You represent, covenant, and warrant that you will use the
Services only in compliance with the Agreement and all 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 e-mail to any third party. You
hereby agree to indemnify and hold harmless EmailLoop 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 the Services. Although EmailLoop has no obligation to
monitor the content provided by you or your use of the Services,
EmailLoop may do so and may remove any such content or prohibit any
use of the Services it believes may be (or is alleged to be) in
violation of the foregoing.
- The Services may only be used for lawful purposes. Transmission
or solicitation of any material that violates United States, Turkish
or other laws that may apply in your local area is prohibited. This
may include material that is obscene, threatening, harassing,
libelous, or in any way a violation of intellectual property laws or
a third party's intellectual property rights.
- In using the varied features of the Services, you may provide
information (such as name, contact information, or other
registration information) to EmailLoop. EmailLoop 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.
- EmailLoop will not use any of your subscriber lists 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. In addition, EmailLoop will not use your customer
information for the purpose of sending unsolicited commercial
modified by EmailLoop from time to time.
- You may not use EmailLoop to send email campaigns that link to
or display nudity, obscene content, gambling related content,
pharmaceutical related content, illegal software, viruses, or to
distribute any other content that we deem inappropriate.
- You may terminate this Agreement at any time by sending an
e-mail message to [email protected] or by sending written notice
to EmailLoop - Version Next Technologies Pvt. Ltd., 135/1 Sagar
Pallazio, Andheri Kurla Link Road, Sakinaka Junction, Andheri East
Mumbai 72 India. Correspondence must include your first name, last
name, and EmailLoop username. No refunds will be issued if you
terminate this agreement.
- EmailLoop may terminate this Agreement or the Services at any
time with or without cause, and with or without notice. EmailLoop
shall have no liability to you or any third party because of such
termination. If EmailLoop terminates this agreement because you
violated the Anti-SPAM Policy, no refund will be issued.
- EmailLoop may delete any of your archived data within 15 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 120 days, the
account will become inactive. When an account is classified (at
EmailLoop's sole discretion) as inactive, EmailLoop will flag that
account as inactive. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE
OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER SIGNUPS, MAY BE
PERMANENTLY REMOVED FROM THE EmailLoop DATABASE.
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. EmailLoop 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 EmailLoop 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 nonperformance of
the Services shall be for EmailLoop 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 EmailLoop 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 "EmailLoop
") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL
DAMAGES, EVEN IF EmailLoop 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, EmailLoop 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 EmailLoop 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.
- If any provision of the Agreement is found to be unenforceable
or invalid, that provision will be limited or eliminated to the
minimum extent necessary so that this Agreement will otherwise
remain in full force and effect and enforceable.
- EmailLoop and you agree that the 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, and that all waivers and modifications must
be in a writing signed by both parties, except as otherwise provided
herein. 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 EmailLoop 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 Turkey without
regard to its choice or law or conflict of laws provisions. All
legal actions in connection with the Agreement shall be brought in
the courts located in Istanbul, Turkey.
It is understood that in order to use EmailLoop, a Windows PC with
Internet Explorer 6.0, Firefox 2.0 or higher must be used. Additionally,
a stable connection to the Internet is required. EmailLoop may work in a
limited manner on Macintosh, Unix, and other platforms, but there is no
guarantee of functionality on non-Windows platforms. Additionally,
EmailLoop may work in a limited manner on a non-Internet Explorer web
browser (such as Netscape Navigator), but there is no guarantee of full
functionality on web browsers other than Microsoft's Internet Explorer.
Compliance rules for sending e-mail
- All EmailLoop customers must follow the rules of the federal
CAN-SPAM act and EmailLoop's Anti-SPAM Policy when sending e-mail
through the service. Accordingly, we require the following of e-mail
messages sent through the EmailLoop system:
- All e-mails must contain a one-click unsubscribe link. EmailLoop
scans every campaign for the existance of an unsubscribe link. If an
unsubscribe link is not detected, the user is informed and is
recommended to include an unsubscribe link before continuing.
- All e-mails must contain non-Internet contact information of the
sender, such as your company's address, or your company's phone
- All e-mails must state the reason the recipient is receiving the
message. For example, "You are receiving this message from ABC
Company because you signed up for our e-mail list at www.abc.com."
- These 3 guidelines will help ensure that EmailLoop maintains its
reputation and white-listing status with a number of major ISPs and
whitelisting programs. If at any time your campaign is flagged as
SPAM by an AOL recipient, EmailLoop reserves the right to cancel
your account without notice.
Email and Permission Practices
- Every email message sent in connection with the Services must
contain an "unsubscribe" link or other mechanism that allows
subscribers to remove themselves from your mailing list. Each such
link must remain operational for a period of thirty (30) days after
the date on which you send the message, and must be in form and
substance satisfactory to EmailLoop. You acknowledge and agree that
you will not remove, disable or attempt to remove or disable either
- You agree to import, access or otherwise use only
permission-based lists (note: purchased lists may not be used;
please contact EmailLoop if you have questions).
- You cannot mail to distribution lists, newsgroups, or spam email
- You are responsible for monitoring, correcting, processing
unsubscribe requests within 10 days, and updating the email
addresses to which messages are sent through your EmailLoop account.
- Emails that you send through the Service may generate abuse
complaints from recipients. As a matter of privacy, EmailLoop cannot
share with you the email addresses of those who complain about your
email campaign. You are responsible for ensuring that your email
campaigns do not generate a number of abuse complaints in excess of
industry norms. EmailLoop, in its sole discretion, shall determine
whether your level of abuse complaints is within industry norms, and
its determination shall be final, binding and conclusive for all
purposes under this Agreement.
- EmailLoop, at its own discretion, may immediately disable your
access without refund to the Services if EmailLoop believes in its
sole discretion that you have violated any of the email and
permission practices listed above, or the EmailLoop Anti-Spam