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Home>Terms_Of_Use

MAILCAR LIMITED SITE OWNER AGREEMENT AND SOFTWARE LICENSE TERMS

MailCar Limited provides eBay Sellers a set of tools to address the problem of high online marketplace venue selling costs. The tools include an integrated Web Store, Email Marketing and Email Customer Service tools to manage email from Store Customers and to collect customers' email addresses used to create, send and manage email marketing programs. This service may not be used for the sending of unsolicited commercial email.

The following are the terms and conditions for use of the Service. By checking the 'I have read and agree to abide by the MailCar Limited Terms Of Use' checkbox on the Sign-Up page or by logging into MailCar Limited, you accept these terms and conditions.

1. Acknowledgements

Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:

  • MailCar Limited may not be used for the sending of unsolicited commercial email.
     
  • MailCar Limited may only be used for lawful purposes.
     
  • MailCar Limited will not use your customer list/subscriber list or any other customer information for any other purposes than those intended with the Service.
     
  • You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email.
     
  • Every email message sent in connection with the Service must contain the MailCar Limited "Opt-Out" link that allows subscribers to remove themselves from your mailing list.
     
  • You will adopt and maintain the MailCar Limited Privacy Policy, which may be modified by MailCar Limited from time to time.

2. Service and Support

2.1 The Service is provided subject to this Agreement, as it may be amended by MailCar Limited and any guidelines, rules or operating policies that MailCar Limited may establish and post from time to time (the "Agreement"), including without limitation MailCar Limited's Privacy Policy, as linked from all email generated from MailCar Limited or otherwise furnished to you (the "Policy") (unless otherwise stated, all references to the Agreement shall include the Policy). By posting updated versions of the Agreement on the MailCar Limited website, or otherwise providing notice to you, MailCar Limited may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Service in its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service or at MailCar Limited's website.

2.2 The Service is available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Service.

2.3 You must complete the registration form on the Sign-Up page in order to use the Service. 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.

2.4 You understand and agree that the Service may include certain communications from MailCar Limited, such as service announcements, administrative messages and the MailCar Limited Newsletter, and that these communications are considered part of the MailCar Limited subscription and you will not be able to opt out of receiving them.

2.5 You understand and agree that the Service is provided "AS-IS" and that MailCar Limited assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content").

2.6 You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.

2.7 You will receive a password and account designation upon completing the Service's sign-up process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MailCar Limited of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session by closing your browser. MailCar Limited cannot and will not be liable for any loss or damage arising from your failure to comply with this.

3. Sales Fees and Payment

3.1 Sales fees are calculated as described on the Price page found on the MailCar Limited website. All web store sales, less adjustments for returns, refunds, credits and, excluding shipping costs, are billed monthly by email and are shown when due, upon logging into your account. You will be required to submit payment in order to access to your account. Access to your account will be denied until payment is made.

3.2 Fees will be billed monthly. You are responsible for understanding the current Fee Schedule and remaining aware of the Fees charged by MailCar Limited. The Fee Schedule, including prices, is subject to change at any time in MailCar Limited's discretion. MailCar Limited will attempt to notify you via email prior to the effectiveness of any change to the Fee Schedule.

3.3 Payment for Service will be made through the PayPal payment service. Fees are payable in US dollars. You hereby authorize MailCar Limited to invoice you for such amounts due on a regular monthly basis beginning one month after you sign up for the Service. Amounts paid for the Service are not refundable.

4. Email Hosting and Permission Practices

4.1 Every email message sent in connection with the Service must contain an "Opt-Out" link that allows subscribers to remove themselves from your mailing list and a link to the then current Privacy Policy.

4.2 Emails that you send through the Service may generate abuse complaints from recipients. As a matter of privacy, MailCar Limited 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. MailCar Limited, 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.

5. Restrictions and Responsibilities

5.1 MailCar Limited 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 unless required by law.

5.2 This is an Agreement for Service 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 Service or any software, documentation or data related to the Service ("Software"); remove any proprietary notices or labels from the Service or any Software, modify, translate or create derivative works based on the Service or any Software; or copy, distribute, pledge, assign or otherwise transfer or encumber rights to the Service or any Software.

5.3 You acknowledge and agree that the Service and the MailCar Limited company names and logos and all related product and service names, design marks and slogans, are the property of MailCar Limited 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 MailCar Limited. Your use of the Service 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.

5.4 You represent, covenant and warrant that you will use the Service only in compliance with the Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity or defamation and child protective email address registry laws). You agree you will not access or otherwise use third-party mailing lists in connection with preparing or distributing unsolicited commercial email to any third party. You hereby agree to indemnify and hold harmless MailCar Limited and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents 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 Service. In addition, you acknowledge and agree that MailCar Limited has the right to seek damages when you use the Service for unlawful purposes, in an unlawful manner and/or in a manner inconsistent with the terms of this Agreement and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. Although MailCar Limited has no obligation to monitor the content provided by you or your use of the Service, MailCar Limited may do so and may remove any such content or prohibit any use of the Service it believes may be (or is alleged to be) in violation of the foregoing.

5.5 You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly sent or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not MailCar Limited, are entirely responsible for all Content that you upload, send, email, transmit or otherwise make available via the Service. MailCar Limited does not control the Content sent via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MailCar Limited be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content sent, emailed, transmitted or otherwise made available via the Service.

6. Termination

6.1 You may terminate this Agreement at any time by email to MailCar Limited at mailcarlimited@mailcar.net There are no refunds for any fees paid.

6.2 MailCar Limited may terminate this Agreement or the Service, disable your account or put your account on inactive status, in each case at any time with or without cause and with or without notice. MailCar Limited shall have no liability to you or any third party because of such termination or action.

6.3 MailCar Limited will delete any of your archived data within 30 days after the date of termination. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

6.4 If your account is classified (at MailCar Limited's sole discretion) as inactive for over 60 days, MailCar Limited has the right to permanently remove your data. MailCar Limited will attempt to contact you via email prior to taking any permanent removal actions.

7. Warranty Disclaimer and Remedies

USE OF THE SERVICE AND ANY RELIANCE BY YOU UPON THE SERVICE, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. MAILCAR LIMITED DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED "AS IS" AND MAILCAR LIMITED 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 Service shall be for MailCar Limited to use commercially reasonable efforts to adjust or repair the Service.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL MAILCAR LIMITED OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "MAILCAR LIMITED") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF MAILCAR LIMITED 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, MAILCAR LIMITED 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 MAILCAR LIMITED 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.

9. Export of Service or Technical Data

You may not remove or export from the United States or allow the export or re-export of the Service or any direct product thereof, including technical data, in violation of any restrictions, laws or regulations of the United States or any other applicable country.

10. Prohibited Content and Usage

MailCar Limited prohibits the use of the MailCar Limited service by any company or site that engages in any of the following:

  1. Provides, sells or offers to sell the following products or content (or services related to the same): pornography or illicitly pornographic sexual products; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
     
  2. Displays material that exploits children, or otherwise exploits children under 18 years of age.
     
  3. Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
     
  4. Posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in case of a minor).
     
  5. Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
     
  6. Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
     
  7. Promotes, solicits or participates in pyramid schemes or multi-level marketing (MLM) businesses.
     
  8. Engages in any libelous, defamatory, scandalous, threatening, harassing activity.
     
  9. Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
     
  10. Uploads, sends, emails, transmits or otherwise makes available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
     
  11. Impersonates any person or entity, including, but not limited to, a MailCar Limited official, or falsely states or otherwise misrepresent an affiliation with a person or entity.
     
  12. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
     
  13. Interferes with or disrupts the Service or servers or networks connected to the Service, or disobeys any requirements, procedures, policies or regulations of networks connected to the Service.
     
  14. Intentionally or unintentionally violates any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.

In addition, MailCar Limited reserves the right to prohibit the use of the Service by any company or site in its sole discretion.

11. Miscellaneous

11.1 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.

11.2 MailCar Limited 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.

11.3 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 MailCar Limited in any respect whatsoever.

11.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.

11.5 The Agreement shall be governed by the laws of the State of Nevada, USA 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 state or federal courts located in Carson City, Nevada, USA.

11.6 MailCar is a trademark of MailCar Limited, a Nevada corporation.

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