Terms

BY USING THE EMS Bulk Email Sender, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE EMS Bulk Email Sender.
Welcome to the EMS Bulk Email Sender Web site. Through the Site, you have access to a variety of resources and content. These include: (a) software ("Software"); (b) web pages, data, messages, text, images, photographs, graphics, illustrations, and documents ("Materials"). Software, Materials and other information are collectively referred to as "content". By accessing or using the Site or the content provided on or through the Site, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site and the content provided on or through the Site ("Terms of Use") and our Privacy Policy. EMS Bulk Email Sender Publisher ("We" or "EMS Bulk Email Sender") may revise the Terms of Use and Privacy Policy at any time without notice to you. The revised Terms of Use and Privacy Policy will be effective when posted.

PROPRIETARY RIGHTS
You acknowledge and agree that all Content available on this Site is protected by copyright, trademark, patent, trade secret, and other proprietary rights and laws. For example, EMS Bulk Email Sender owns a copyright in the selection, organization, arrangement and enhancement of the Content, as well as in the Content original to itself. Third parties whose Content appears on the Site own the copyright in the Content original to them. The look and feel of the Site, including our color combinations, button shapes, and other graphical elements, also are EMS Bulk Email Sender trademarks.

USE OF THIS WEBSITE
This Site and its Content are provided for your personal informational and entertainment use only and may only be used for lawful purposes. By using this Site, you agree not to reproduce, republish, display, frame, download, transmit, modify, rent, loan, sell, assign, distribute, reverse engineer, adapt, edit, or create derivative works based on the Site or its Content, except as expressly authorized herein. You also agree that you will not store, reproduce, transmit, publicly display, publicly perform, distribute, publish, broadcast or otherwise make available the Content, including without limitation the radio, TV, or other audio visual content directory listings available on and through this Site (collectively, the "Directory"), or any portion of the Directory, whether electronically or in any other form, and whether for commercial purposes or any purpose other than your own personal use, unless approved in writing by EMS Bulk Email Sender. Any portion of the Directory which is downloaded or otherwise reproduced from this website may be retained only for a temporary period of time. Systematic retrieval of data or other content from the Directory or other use of such data and other Content, directly or indirectly, to create or compile a collection, database or directory without written permission from EMS Bulk Email Sender is prohibited and you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
The use of some of the features and all of the software available on this Site is governed by separate terms of use and/or licenses. You are not authorized to use such features or software unless you agree to abide by the applicable terms/license.
As an EMS Bulk Email Sender customer you agree to receive the information about updates and new products from EMS Bulk Email Sender company.
By downloading or purchasing any software from this website, EMS Bulk Email Sender reserves the right to request information from you.
If you do NOT wish to be contacted by EMS Bulk Email Sender after the trial download, then you can opt-out of any subsequent communications on the trial download page. In this case EMS Bulk Email Sender will keep your information on record but will not contact you unless you have another interaction with us where you change your communication preference.
If you do wish to be contacted by EMS Bulk Email Sender after the trial download or purchase, then EMS Bulk Email Sender will send you emails relating to upgrade information about that product, and any other information that is relevant to that product. If at any time you wish to unsubscribe from these communications, please follow the unsubscribe information contained in the emails, or email support@emailmarketing-software.net with your request to be removed from our mailing list.

DISCLAIMER
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL content PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EMS Bulk Email Sender EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL content PROVIDED ON OR THROUGH THE SITE. EMS Bulk Email Sender MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY content PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY content PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY content ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. EMS Bulk Email Sender SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF content.
EMS Bulk Email Sender RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND content PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.
The service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. By visiting and using EMS Bulk Email Sender, you are acknowledging your full compliance to the terms listed here.
EMS Bulk Email Sender makes no warranties, expressed or implied, for the services we provide. EMS Bulk Email Sender will not be held responsible for any damages you or your business may suffer from using EMS Bulk Email Sender services. EMS Bulk Email Sender will not be held responsible for any interruptions, delays, failures, inaccuracies, or typographical errors.
With regard to the materials and information covered on the website, including but not limited to texts, images, points of view, reviews, web pages or links, EMS Bulk Email Sender gives no guarantee of the accuracy, completeness, sufficiency and reliability of such materials and contents in spite of its attempts to provide accurate materials and information on the Site. Any materials downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and you are solely responsible for any infection of your computer system or loss of data that results from the download of any such materials or use of the Site. EMS Bulk Email Sender definitely disclaims any responsibility of mistakes or omission of the content on the Site and any explicit or implicit warranty for the materials and information, including but not limited to the guarantees related to ownership, non-infringement of a third party's rights, quality, and having no computer virus. EMS Bulk Email Sender may make changes to the contents of the website at any time without any notification, and please visit the Site to access the up-to-date information.
EMS Bulk Email Sender mentions the products or solutions provided by the companies other than EMS Bulk Email Sender in the Site just for providing related information, and such mention does not mean EMS Bulk Email Sender's recognition or recommendation of such products or solutions.
EMS Bulk Email Sender reserves the right to change or discontinue any of the services at any time.

MONITORING
EMS Bulk Email Sender has the right, but not the obligation, to monitor the Content of the Site, including without limitation the download areas, to determine compliance with the Terms of Use and any other operating rules that may be established by EMS Bulk Email Sender from time to time. EMS Bulk Email Sender has the right in its sole discretion to edit, refuse to post or remove any Content submitted to or posted on the Site. Without limiting the foregoing, EMS Bulk Email Sender has the right, but not the obligation, to remove any Content that it, in its sole discretion, finds to be in violation of the provisions of these Terms of Use, otherwise objectionable, or stale. Users shall remain solely responsible for the Content they post or submit. You acknowledge and agree that EMS Bulk Email Sender shall not assume or have any liability for any action or inaction with respect to any conduct within the community areas or any communication or posting in the community areas.

THIRD PARTY SITES, SOFTWARE, AND CONTENT
This site may produce automated search results, directory links, or otherwise link you to other locations available through the Internet. These locations may contain or broadcast information or material that some people may find inappropriate, offensive or otherwise objectionable. These other locations are not under the control of EMS Bulk Email Sender, and you acknowledge that EMS Bulk Email Sender is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of or broadcasts from such locations. This Site also may make third party software or other materials available for download. EMS Bulk Email Sender does not create, endorse, or sponsor such third party materials, and if you download any such third-party materials that we index or support, you do so completely at your own risk. If you plan to download any software or other materials, please be sure to read the copyright and licensing information first.

PRIVACY
The emailmarketing-software.net Privacy Policy explains how your information is collected and used and the choices you have with that information. You consent to EMS Bulk Email Sender using your registration information and other information collected on this Site under the terms of the emailmarketing-software.net Privacy Policy.

DISCLAIMER OF WARRANTIES
THE SITE AND THE CONTENT ARE PROVIDED WITH ALL FAULTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. EMS Bulk Email Sender, ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE SITE AND CONTENT ARE FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE SITE AND CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL EMS Bulk Email Sender, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE "EMS Bulk Email Sender GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE AND ITS CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF EMS Bulk Email Sender HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE EMS Bulk Email Sender GROUP'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL THE EMS Bulk Email Sender GROUP BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY EXTERNAL SITES LINKED FROM THE SITE.

INDEMNIFICATION
Upon a request by EMS Bulk Email Sender, you agree to defend, indemnify, and hold harmless EMS Bulk Email Sender and its parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your misuse of this Site in a manner not in strict conformance with these Terms of Use. EMS Bulk Email Sender reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with EMS Bulk Email Sender in asserting any available defenses.

INTERNATIONAL USE
EMS Bulk Email Sender makes no representation that Content on this Site is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. Those who choose to access this Site from other locations on their own initiative are responsible for compliance with local laws.

SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and EMS Bulk Email Sender with respect to this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and EMS Bulk Email Sender with respect to this Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

FEEDBACK
Any comments or materials sent to EMS Bulk Email Sender, including without limitation feedback, such as questions, comments, suggestions or any related information regarding the Software, shall be deemed to be non-confidential. EMS Bulk Email Sender shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation and shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.

TERMINATION
EMS Bulk Email Sender reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice.

CONTACTS
For help with the EMS Bulk Email Sender, please go to http://www.emailmarketing-software.net/support.html. To request permission to use EMS Bulk Email Sender owned materials on this Site, send email to: support@emailmarketing-software.net.

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