Terms and Conditions

Email FM Site Owner Agreement & Software License Terms of Use

Through Email FM (the “Services”) Email FM (“Email FM”) provides organisations 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”). The following are the terms and conditions for use of the Services. By checking the “I have read the Email FM Terms of Use 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 conditions.

1. Services and Support

  • 1.1 The Services are provided subject to this Agreement, as it may be amended by Email FM, and any guidelines, rules or operating policies that Email FM may establish and post from time to time (the “Agreement”). By posting updated versions of the Agreement at the Email FM web site, or otherwise providing notice to you, Email FM 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.
  • 1.2 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.
  • 1.3 The Services enable corporates, small businesses, sole traders and not for profit organisations 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.
  • 1.4 Both the number of e-mail messages sent and the number of KiloBytes of data transferred are metered by Email FM. Normal Email FM 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 300kb.
  • 1.5 All email delivery prices are subject to change at any time. All fees paid to Email FM for Email FM are non-refundable. Payment for Services will be made by a valid credit card accepted by Email FM, unless other payment arrangements have been made between you and an authorised Email FM representative. You hereby authorise Email FM to charge your credit card for such amounts whenever you send a campaign to more than 10 recipients. Fees are payable in GBP Pounds. If Email FM 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 our published fees on our website from time to time and remaining aware of the Fees charged by Email FM.
  • 1.6 For all accounts, Email FM 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 authorisation for payment.
  • 1.7 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. Email FM reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
  • 1.8 It is understood that Email FM 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. Email FM 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 Email FM recommends, but does not guarantee, the use of HTML editors that generate HTML that adheres to W3C standards.
  • 1.9 From time to time down-time, either scheduled or unscheduled, may occur. Email FM will work within reason to ensure this amount of down-time is limited. Email FM will not be held liable for the consequences of any down-time. Email FM cannot guarantee that any file or program available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files associated with the Services, and you release Email FM entirely of all responsibility for any consequences of its use.

2. Restrictions and Responsibilities

  • 2.1 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.
  • 2.2 You acknowledge and agree that the Services and the Email FM company names and logos and all related product and service names, design marks and slogans, are the property of Email FM or its affiliates or suppliers (collectively, the “Marks”). You are not authorised to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Email FM. 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 Email FM or its third party suppliers, as the case may be.
  • 2.3 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 Email FM 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 Email FM has no obligation to monitor the content provided by you or your use of the Services, Email FM 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.
  • 2.4 Email FM 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.
  • 2.5 You will adopt and maintain the Privacy Policy, which may be modified by Email FM from time to time.
  • 2.6 You may not use Email FM to distribute illegal contests, pyramid schemes, chain letters, or multi-level marketing campaigns.
  • 2.7 You may not use Email FM to distribute and send email messages that display or link to nudity, obscenity, threatening, harassing, libelous, violation of intellectual property laws or a third party’s intellectual property rights, gambling, alcohol, drugs, tobacco, pharmaceutical, defamatory, discriminatory, illegal software, viruses, or to distribute any other content that we deem inappropriate.
  • 2.8 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United Kingdom laws is prohibited.

3. Termination

  • 3.1 You may terminate this Agreement at by providing email or written notice. Your notice period will be determined by your payment plan.
  • 3.2 Email FM may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Email FM shall have no liability to you or any third party because of such termination.
  • 3.3 Email FM may 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.
  • 3.4 If you do not log into your account for more than 90 days, the account will become inactive. When an account is classified (at EMAIL FM’s sole discretion) as inactive, EMAIL FM 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 EMAIL FM EMAIL MARKETING DATABASE.

4. 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. EMAIL FM 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 EMAIL FM 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 Email FM to use commercially reasonable efforts to adjust or repair the Services.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PROSPCT JAR LTD – EMAIL FM 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 “EMAIL FM “) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF Email FM 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, Email FM 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 PROSPECT JAR LTD 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.

6. Miscellaneous

  • 6.1 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.
  • 6.2 Email FM 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.
  • 6.3 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 Email FM in any respect whatsoever.

7. Email Compliance

All Email FM customers must follow UK law and all email messages sent from Email FM must comply with the following:

  • The identity of the sender must not be disguised or concealed
  • The subject line should be relevant and should not mislead the recipient into opening the email.
  • The email must contain an unsubscribe mechanism. Email FM scans every campaign for the existence 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 the sender’s company name, company registered address, company registration number and your company’s phone number.
  • All e-mails must state the reason the recipient is receiving the message. For example, “You are receiving this message from My Company Ltd because you signed up for our e-mail list at http://www.mydomain.co.uk.”
  • Under the UK law, organisations must obtain the prior consent of the user or have an existing customer relationship before any unsolicited messages can be sent. However, unsolicited messages may be sent to company e-mail addresses.
  • These guidelines will help ensure that Email FM maintains its reputation. If at any time your campaign is flagged as SPAM by any recipient, Email FM reserves the right to cancel your account without notice.

8. Permission Email Marketing

  • 8.1 You agree to import, access or otherwise use only permission-based lists. You cannot email distribution lists, newsgroups, or harvested email addresses.
  • 8.2 Every email message sent from Email FM must contain an “unsubscribe” link or a mechanism that allows subscribers to remove themselves from your 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 Email FM. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link. Unsubscribe requests are immediately effective in Email FM.
  • 8.3 Emails that you send through the Service may generate abuse complaints from recipients. Email FM 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. Email FM, 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.

9. Force Majeure

Email FM will not be liable by reason of the failure in the performance of obligations under this Agreement by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond Email FM’s reasonable control.

10. Applicable Law

This Agreement is made under English law and the England courts will have authority to settle any dispute arising under or in connection with this Agreement . All legal actions in connection with the Agreement shall be brought in the courts located in London, England.