Welcome to MoxiMailer!
These terms and conditions outline the rules and regulations for the use of MoxiMailer's Website, located at https://MoxiMailer.com, its products and services. By accessing this website we assume you accept these terms and conditions. Do not continue to use MoxiMailer if you do not agree to take all of the terms and conditions stated on this page. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of South Australia. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same Cookies. We employ the use of cookies. By accessing MoxiMailer, you agree to use cookies in agreement with the MoxiMailer's Privacy Policy. Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies License Unless otherwise stated, MoxiMailer and/or its licensors own the intellectual property rights for all material on MoxiMailer. All intellectual property rights are reserved. You may access this from MoxiMailer for your own personal use subjected to restrictions set in these terms and conditions. You must not:
- Republish material from MoxiMailer
- Sell, rent or sub-license material from MoxiMailer
- Reproduce, duplicate or copy material from MoxiMailer
- Redistribute content from MoxiMailer
Refunds
We are obliged to provide a refund only in the event that we terminate the service we provided to you without offering you a reason. The refund will only take effect in relation to the remaining days of the current month that has not ended, and never to previous months. In case of credit rates, the refund will be made for credits not consumed to date and whose contracting date is less than thirty (30) days. There is no other circumstance in which you are entitled to a refund from us.
General Rules
The contracted service must be used exclusively for lawful purposes. It is strictly forbidden to use any of the contracted services for purposes that violate any local, provincial, national or international law or simply affect morality and good customs or are offensive to any person or group of people.
While using the services of MoxiMailer the user will not be able to:
- Disseminate or transmit illegal, abusive, defamatory, racist, offensive information, or any other type of information susceptible to objection, either through photographs, texts, advertising banners or links to external pages.
- Publish, transmit, reproduce, distribute or exploit any information or software that contains viruses or any other harmful component.
- Publish, transmit, reproduce, distribute or exploit software or other material that is not original (pirated).
- Publish, transmit, reproduce, distribute or exploit material that may infringe intellectual property rights.
- Publish sites that aim to illegally obtain access codes to email accounts or bank accounts.
- Publish or provide material or resources about hacking, cracking, or any other information that may be considered inappropriate.
- Publish, transmit, reproduce, distribute or exploit material that contains child pornography or any related marketing.
- Create multiple free accounts for common use. In the case of free accounts created from the same IP.
Any use of the service for illicit purposes will authorize MoxiMailer to suspend the contracted services without prior notice. Likewise, it undertakes to:
1.- Not to publish or send any material with defamatory, obscene, indecent, threatening, racist, abusive or misleading content.
2.- You will not share your password.
3.- You will not incorporate in your emails text, photos, graphics or other content that is not created by you, unless you have the corresponding licenses.
4.- You will not use the platform to send Spam.
5.- The platform will not be used to send phishing emails or any other illegal activity. In case of illegal practices, MoxiMailer reserves the right to withdraw a payment from the customer's credit card as compensation for damages that may suffer the reputation of its shipping machines caused by this misuse.
MoxiMailer reserves the right to stop any shipment in which a high number of complaints are detected and / or that presents a high percentage of non-existent email addresses. As well as any shipment that fails to comply with any of the conditions mentioned in this document. These shipments stopped for non-compliance will be counted as shipped in full, both at free and paid rates.
Guarantees
The material on this website and the services (including all content, software, functions, services, materials and information presented, or accessible through it) are provided as they are, without warranties of any kind, either express or implied. The Client acknowledges that the entry into force of this Agreement does not imply any representation, delegation, guarantee or other provisions other than those expressly described for each of the Services offered.
Limitation of Liability
Under no circumstances shall we or any of our employees or representatives be liable for any indirect, punitive, special or consequential damages, even if we or any of our employees or representatives have been advised of the possibility of such damages. You agree to indemnify any employee of this company, for losses resulting from any claims not authorized by this Agreement, including claims of third parties.
Anti-spam policy
MoxiMailer offers its customers a software service so that they can send communications, based on permissions, to their current and potential customers. It is therefore forbidden to send unsolicited mail through our system. MoxiMailer considers an e-mail message as unsolicited if the recipient has not clearly and categorically given the sender permission to receive e-mail messages from that sender. In this way, we prohibit customers from using purchased, shared, marketed or added lists. Likewise, it is forbidden to make shipments with third-party content. All our customers are required to comply with this policy. If MoxiMailer discovers that a customer is sending unsolicited emails, we will stop providing our services to that customer. As a measure to avoid Spam it is mandatory to verify the possession of the domain by the client. We also have two mechanisms so that the user can unsubscribe easily and quickly, either by receiving the email through a visible link or by marking the email as Spam (if the ISP returns this information to us). The platform manages the cancellations automatically.
Current legal regime- Commercial communications made electronically shall be clearly identifiable as such and shall indicate the natural or legal person on behalf of whom they are made.
3. In the event of promotional offers, such as those that include discounts, prizes and gifts, and promotional contests or games, subject to the corresponding authorization, it must be ensured, in addition to compliance with the requirements established in the previous section and in the rules of trade regulation, that they are clearly identified as such and that the conditions of access and, where appropriate, participation is easily accessible and expressed in a clear and unambiguous manner.
4. It is forbidden to send advertising or promotional communications by email or other equivalent means of electronic communication that have not previously been requested or expressly authorized by the recipients of the same.
In the event that the recipients have maintained commercial relations with the sender, the sending of communications through email is authorized, provided that these refer to products or services offered by the issuer and that they are similar to those that were initially contracted.
That is why you can send communication through email to your customers, both current and those who had business relations with you in the past, as long as you respect the conditions on the pieces or communications to be sent and the rights of the recipients that are explained in the fourth section of this document.
Rights of recipients.
The rights of the recipients of commercial communications through email are the following:
5.1. If the recipient of services should provide their email address during the contracting process or subscription to a service and the provider intends to use it later to send commercial communications, they must inform their client of that intention and request their consent for the receipt of such communications, before finalizing the contracting procedure.
For this there are several procedures:
Double Opt-in: Registration system by which the user accepts and confirms his express and unequivocal consent (usually through a validation through email), although always revocable, to receive communications through his email.
Opt-in notified: Registration system by which the user subscribes by the Opt-in system and immediately afterwards receives a message giving him the option to unsubscribe. If the user opens the message but does not unsubscribe but continues to subscribe, it is a notified Opt-in.
Opt-in: (Authorization) It is given when a user gives express and unequivocal permission to a company to use his email in order to receive commercial information, even if he does not confirm the subscription from his own email account (as usually in the double Opt-in).
5.2. The recipient may revoke at any time the consent given to the receipt of commercial communications with the simple notification of his will to the sender.
To that end, service providers should provide for simple and free procedures for service recipients to revoke the consent they have given.
They shall also provide information accessible by electronic means on those procedures.
Warning of legal consequences
If you engage in unlawful conduct, by violating the laws governing the sending and content of bulk emails, or if you attempt to take advantage of any feature of the platform that violates our Terms of Use through actions such as using our servers to host images, or sending emails created using MoxiMailer but sent through another service, or failing to pay an outstanding bill entitles us to collect a pre-set amount, calculated through the estimation of the actual damages likely to be caused by your conduct, including in addition to attorneys' fees. We offer complex and powerful tools at a very low price. In return, we expect our clients to act with integrity, following our rules in order to help us maintain our reputation.