1. Website Intellectual Property
All content on MailBlaze.com, including the logo, articles and any other text and graphics are the intellectual property of MailBlaze.com. You may not decompile or reverse engineer disassemble the Mail Blaze website or system under any circumstances
2. Eligibility
To make use of the Mail Blaze service, you are required to be 18 years or older.
3. Changes
We reserve the right to make changes to these terms and conditions at any time without notice to you. Your further use of Mail Blaze or any tool or service that we provide to you subsequent to a change or modification of this Agreement is your express indication to us that you agree to be bound by any change or modification in this Agreement.
4. General
- You are responsible for the security of your login details (email address and password).
- You must provide correct and complete personal and business information as requested by us in the Mail Blaze registration process.
- Your email campaigns may not generate abuse complaints that, in our sole discretion, exceed industry norms. Sending of emails to users that have not opt-ed in could lead to your account being suspended.
- We will cancel your account without prior notice if we determine that you are in violation of any of the terms and conditions of this Agreement.
- If your account is canceled due to violation of any terms of this agreement you will not be refunded any fees already paid
- This agreement may not be transferred to any third party without our express permission.
5. Service Offering
All Services provided by Mail Blaze are subject without limitation to Mail Blaze's Privacy Policy and Mail Blaze's Anti-Spam Policy. Mindvate (Pty) Ltd. may modify the terms of the Agreement and may discontinue or change any aspects of the Services at its sole discretion. Any changes to the application or the terms and conditions become effective upon those changes being made live on the www.mailblaze.com website.
The Services are subject to monthly subscription or pay-as-you-go fees.
Monthly subscriptions are billed monthly, in advance, according to the Fee Schedule selected by you at sign up. Monthly send credits expire at the end of each month (including any additional top up credits purchased during the month). The pricing for extra send credits can change at any time. In the event that monthly subscription fees are changed, your fee will remain at the level at which you signed up.
Refund Policy - Mail Blaze cannot refund any monthly subscription fee or any other fee for services rendered.
Other costs - Mail Blaze charges R 350 per hour for any other work a client requires of a Mail Blaze consultant including setting up of email templates, setting up of email content and sending out emails on a client's behalf.
Support - A client will be assigned a Mail Blaze consultant as their direct support representative. For general support, Mail Blaze may be reached on +27 21 486 1870 during office hours or emailed at support@mailblaze.com.
Data Privacy - Mail Blaze warrants that it will not share email lists or subscribers with any 3rd party whatsoever unless explicitly authorized by the client in writing.
6. General Email Rules and Guidelines
The Mail Blaze email system has been developed to enable you to communicate with email subscribers that have opt-ed in (i.e. expressly given their permission) to receive information from your company. You may not use any Mail Blaze product or service for the purpose of sending unsolicited email, or "Spam" Mail Blaze respects anti-Spam laws and asks you to act accordingly. You may not use any Mail Blaze product, service or tool for purposes of breaking any law. You must follow any posted guidelines regarding content and commercial activity limitations. All email addresses that you use must be solely derived from permission based lists. - Mail Blaze may not be used to send emails to individuals that have not opted-in to receive information via email from your company.
All email messages sent out must comply with all relevant federal and state laws and all content must not violate any federal, state law, code, or regulation, whether criminal or civil in nature.
All email messages must comply with the following:
- Message must originate from a valid email address.
- Your company name, address, city, state, zipcode and phone number must be clearly included.
- Unsubscribe must be clearly visible (Mail Blaze product will place an unsubscribe link in the email if you do not insert this).
- Customer must comply with unsubscribe requests within 7 business days. An unsubscribed email address should not receive any further emails. You must maintain a record of all unsubscribe requests, including the day you removed the address from the subscription list. You must provide us with a copy of such records upon our request.
You must follow the terms and conditions of our Usage Guide. The Usage Guide is incorporated by reference into this document as if fully set forth herein. Please review the Usage Guide frequently as we may update the contents of the Usage Guide at any time. By accepting this contract, you agree to follow the terms and conditions of the Usage Guide and you agree to regularly review the Usage Guide to see if the Usage Guide has been modified, changed or updated. We will not contact you if we modify or change the Usage Guide.
You agree to keep MailBlaze.com informed of your valid email address at all times. In the event that MailBlaze.com should make any modification of this agreement, MailBlaze.com will send you an email addressed to the email address that you have provided us. Once we send an email notifying you of a change or modification to this agreement, you agree to be bound by any such change or modification, regardless of whether you have changed your email address or actually received the email notification.
The Mail Blaze service gives its users all the tools necessary to build and maintain an opt-in email list. Mail Blaze also allows you to import existing lists of email addresses. The email addresses that are imported must have opt-ed in to receive messages from your company. These features make it easy for users to build and use lists of opt-in subscribers and eliminate the need to send unsolicited emails. Therefore, in the event that a complaint is received or an instance reported of an unsolicited email message sent by your company using Mail Blaze, Mail Blaze will investigate claims of unsolicited email messages sent using the service. If Mail Blaze determines that a user is employing the service to send emails to recipients who have not opted in or recipients that have unsubscribed on a prior occasion, the account will be immediately terminated. By using our product you guarantee payment of this amount. You hereby authorize Mail Blaze.com to charge your credit card account for any such amount as is necessary to equal such charges.
7. Use of the Service
Mail Blaze is an opt-in only email marketing provider
The following requirements must be met:
- The from email address is a valid email address.
- Your full contact information (including mailing address and telephone number) is included in the message.
- You must include an unsubscribe link clearly visible in your email.
- You must review and abide by all
CAN-SPAM requirements.
You also agree to follow standard Internet etiquette for email and state/federal laws which have the following provisions:
- You must not harvest email addresses from the web.
- You may only send emails to those individuals that have given you explicit permission to send emails to them.
- You must comply in full with unsubscribe requests. Full compliance means that after an unsubscribe request you do not send another email to the address unless the owner of the email address provides permission and rescinds the unsubscribe request.
8. System Functionality
The service provided by Mail Blaze is provided on an "as is" basis without representation or warranty, either express or implied.
9. Service Termination
We reserve the right to terminate the service provide to you at any time without notice for any reason that we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you. If we terminate services to you, your account will be deactivated. We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account. No refunds will be granted to you if we terminate your account. You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.
10. Confidential Information
Each of the parties shall keep in confidence and confidential or proprietary information that is transmitted to the other that the disclosing party has identified in writing, or orally and then subsequently identified in writing, as being proprietary and/or confidential, and will make no use of such information except under the terms and during the Term of this Agreement. You agree to use all reasonable precautions and take all necessary steps to prevent our confidential information, data, scripts, object code, source code, programs, business plans, business models, business concepts, communications and any and all further confidential information from being acquired by unauthorized persons, and to take appropriate action, by instruction, agreement, or otherwise, with regard to all persons permitted access to our owned confidential information and data, in order to ensure our confidential information and data are protected. Client shall not disclose any of our confidential information to any person for any purpose other than as provided in this Agreement. However, neither party shall have an obligation to maintain the confidentiality of information that (a) it has rightfully received from another party prior to its receipt from the disclosing party; (b) the disclosing party has disclosed to a third party without any obligation to maintain such information in confidence, (c) enters the public domain or becomes generally known to the public by some action other than breach of this Agreement by the receiving party; or (d) is independently developed by the receiving party. Each party shall safeguard proprietary and confidential information disclosed by the other using the same degree of care it uses to safeguard its own proprietary and confidential information but, in no event, shall use less than a reasonable degree of care. Each party's obligation under this paragraph shall extend for a period of three (3) years following termination or expiration of this Agreement.
11. Waiver and Amendments
No waiver, amendment, or modification of any provision of this Agreement shall be effective unless agreed to by both parties in writing. No failure or delay by either party in exercising any rights, power, or remedy under this Agreement shall operate as a waiver of any such right, power, or remedy.
12. Severability
Should any term of this Agreement be finally determined by a court of competent jurisdiction to be invalid, unenforceable or otherwise contrary to law and equity, the parties agree that such provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary to eliminate its invalidity or unenforceability, and that the other provisions of this Agreement shall remain unaffected.
13. Force Majeure
Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed or other occurrences which are beyond either party's reasonable control.
14. Entire Agreement
This Agreement contains the full understanding between the parties and supersedes all prior representations or agreements, whether oral or written, with respect to such matter
