Send13.com, along with its associated website (“Website”), is owned and operated by Send13, LLC. SEND13 provides SMTP email services and email deliverability support (“Services”). SEND13 makes these Services available through their Website and Software, as defined below, subject to these terms and conditions (“Agreement”). Please take the time to review this Agreement in full as it controls and governs your relationship with SEND13 and your use of the Website, Services, and Software.
BY USING THE WEBSITE OR SERVICES, YOU AGREE AND MANIFEST YOUR ASSENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND YOU ARE REQUIRED TO READ ALL SECTIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF THE WEBSITE AND DELETE ANY ACCOUNT THAT YOU MAY HAVE CREATED WITH THE WEBSITE. SEND13 RESERVES THE RIGHT TO AMEND, MODIFY, REPLACE, OR SUSPEND THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THE WEBSITE OR SERVICES AFTER SEND13 AMENDS, MODIFIES, OR REPLACES THESE TERMS CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE AMENDED, MODIFIED, OR REPLACED TERMS. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) OR THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU ARE EXPRESSLY PROHIBITED FROM USING THIS WEBSITE.
- User Warranties
You warrant that you are age eighteen (18) or over, or that you are of the age of majority within your jurisdiction. You further warrant that you are of sound mind, have the capacity to contract, and are competent to agree to be bound by and comply with the terms of this Agreement. You warrant that your use of the Website, Services, or Software does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals located in the jurisdiction in which you live. You warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting Agreement. If you are accessing the Website, Services, or Software on behalf of a governmental organization, non-governmental organization, or business entity, you warrant that you are an authorized agent that has the authority to and can bind said governmental organization, non-governmental organization, or business entity to the terms of this Agreement.
- Ownership of Intellectual Property
SEND13 is the owner of all rights in and to the Website, Services, Software and associated content, including, but not limited to, copyright rights, trademark rights, patent rights, rights of publicity and privacy, trade secret rights, and any other personal or proprietary rights. The Website is subject to copyright and other intellectual property rights, and SEND13 provides you with the right to use the Website on a limited basis and subject to the terms of this Agreement. You are expressly prohibited from using the Website for any purposes not stated in this Agreement.
SEND13 is the owner of the SEND13 mark, which is a registered or common law trademark, design mark, and trade name of SEND13. SEND13 is also the owner of all rights in and to the visual appearance, shape, color scheme, selection and arrangement, layout, and look and feel of the Website, which constitutes the trade dress of SEND13. You are prohibited from using SEND13’s trademarks, service marks, design marks, logos, trade dress, or trade names, or any colorable imitation thereof, whether on a website, on a product or service, in a domain name, in pay-per-click advertising, or otherwise, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services. All other trademarks, service marks, design marks, logos, trade dress, or trade names displayed on the Website are the property of their respective owners.
SEND13 hereby provides you with a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to use the Website, Services, and Software for its customary and intended purposes. Use of the Website, Services, and Software for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in immediate termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to SEND13.
You understand and agree that you are not receiving any ownership interest in the Website, Services, or Software apart from the licenses granted under the specific terms and conditions of this Agreement.
- Overview of the Services and Subscriptions
This Subscription is personal in nature and not for commercial use outside of your business. But, if you incorporate Send13’s Services into your business such that you permit your users (“White Label User” or “WLU”) to send emails via Send13’s Services (“White Label Services” or “WLS”), then you are subject to the White Label Terms below. You are prohibited from assigning, subleasing, or otherwise transferring your Account, as defined below, or Subscription outside of your business.
SEND13 reserves the right to make changes to its Website, Service, and Software from time to time. While SEND13 will take commercially reasonable efforts to make all changes with as minimal impact to you as possible, you understand that SEND13 retains full discretion to update, change, suspend, terminate, or discontinue the Website, Service, and Software for any time without prior notice to you.
While SEND13 attempts to provide accurate information related to the available products offered, it does not warrant that product descriptions or any other content on the SEND13 website is accurate, complete, reliable, current or error-free. If a product offered is not as described, please reach out to us via our contact page on the website.
- Member Accounts and Communication
SEND13 requires Members to register an account (“Account”) to sign up for SEND13 Subscriptions. Only you, or someone with your permission, may use your Account. You agree that, in registering an Account, you will provide SEND13 with accurate, complete, relevant, and current information. You are solely responsible for maintaining the security and confidentiality of your username and password, and for any access to your Account, whether authorized or unauthorized. In the event your Account is accessed without your authorization, you agree to immediately provide notice to SEND13. By creating an Account, you agree that SEND13 may contact you by any available means, including, but not limited to, email. You understand and agree that you may opt out of future correspondence from SEND13 by either clicking the unsubscribe link within the e-mail sent to you by SEND13, or by terminating your Account.
- Billing, Payment, Subscription and Cancellation
For all monthly plans, you will be billed on a monthly basis according to the plan selected through the Website. You agree to pay the corresponding monthly price. Your Subscription will automatically begin the date your initial payment is received (“Anniversary Date”) and is effective for the following 30 days. Each successive term will last another 30 days. For example, if you make your initial payment on May 5, your next payment is due June 5. If an annual plan is available, your Subscription will automatically begin after your initial payment is received and will last for a period of 12 months. Pricing is listed in U.S. Dollars. Your selected payment method will automatically be charged again for each month
You are permitted to cancel your Subscription. To do so, you must provide notice of your cancellation request in writing to email@example.com at least 72 hours prior to the beginning of the next 30 day term. No partial refunds are available. If you have an annual plan, no refunds are available. You may not transfer your Subscription to anyone else.
You can also change your preferred plan on your Account page at any time. Changing your plan will set a new Anniversary Date for your Subscription.
Each monthly term entitles you to a certain amount of credits based on the selected plan. Credits do not rollover or accumulate and expire upon the expiration of each 30 day term. However, you may purchase additional credits on an as-needed basis during each 30 day term.
SEND13 encourages you to maintain a current, unexpired, credit card in our system to maintain continuity of service. You agree to pay your account balance on time and any payment not timely received is payable to SEND13 on demand. Failure to complete a timely payment may result in the termination or suspension of your Account or Subscription. Your purchase may be subject to local sales tax and/or other applicable taxes.
- Software License
SEND13 hereby provides you with a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to use the Services and any software or code available for download through the Website (“Software”) for its customary and intended purposes. Use of the Software for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in immediate termination of this license. You are expressly prohibited from creative derivative works, modifying, amending, altering, or distributing the Software without the prior written consent of SEND13. This license is revocable at any time, and any rights not expressly granted herein are reserved to SEND13. This license is subject to the terms and conditions of this Agreement.
Send13 strives to provide outstanding customer support but cannot specifically guarantee Send13’s immediate availability at any given time. You understand and agree that while Send13 will make reasonable efforts to handle your support issues, if any, Send13 is not making any guarantees or warranties regarding the immediacy of service or support provided.
- Restrictions on Use of the Website and Services
You are expressly prohibited from making any use of the Website, Services, or Software outside of those uses explicitly stated under the terms of this Agreement. You explicitly agree not to reproduce, prepare derivative works of, distribute, perform publicly, display publicly, scrape, frame, hack, reverse engineer, crawl, or aggregate the Website, Services, or Software whether in whole or in part, without the prior written consent of SEND13. The following is a non-exhaustive list of prohibited conduct, which shall be determined in SEND13’s sole discretion:
- Imposing a disproportionate load on the Website, Services, or Software, or related server infrastructure, or otherwise attempting to interfere with the operation of the Website, Services, or Software;
- Using the Website, Services, or Software, or allowing other to do the same, to obtain access to email addresses to send unsolicited emails
- Circumventing SEND13’s technological or security protection mechanisms;
- Using a robot, spider, scraper, or other automated technology to access the Website, Services, or Software;
- Attempting to gain access to the private data or personal information of a user or the Website, Services, or Software or a third party;
- Harassing a user of the Website, Services, or Software; and
- Use the Website, Services, or Software for any unlawful manner.
- Your Content
You are responsible for, and own all right and title to, user-generated content used in association with SEND13’s Website, Service, or Software including, but not limited to, text, photographs, images, comments, videos, audio files, personal data, profile information, name, likeness, advertisements, listings, information, and designs (collectively “User-Generated Content”). You grant SEND13 a non-exclusive, irrevocable, royalty-free, worldwide, and perpetual license to use the User-Generated Content for the customary and intended purposes of the Website, Services, and Software. You agree to waive all moral rights in and to your User-Generated Content across the world, whether you have or have not asserted moral rights in or to your User-Generated Content. You will maintain an adequate backup on your User-Generated Content and SEND13 will not be responsible for any loss of data or your failure to maintain secure backups.
You will not provide SEND13 any “special categories of data” as defined by Article 9 of the General Data Protection Regulation (GDPR) (EU) 2016/679, or any other data related to a personal nature such as social security numbers, passport numbers, driver’s license numbers, or information subject to The Health Insurance Portability and Accountability Act of 1996 (“HIPPA”).
SEND13 reserves the right to access, review, collect, and derive non-personal information from your User-Generated Content as a result of your use of the Website, Services, and/or Software in order to continually provide, update, maintain, and improve the Website, Services, and/or Software (“SEND13 Data”). SEND13 retains all ownership rights in the SEND13 Data and you understand and agree you are not entitled to any compensation as a result of SEND13’s use of the SEND13 Data.
- Email Policy
It is your responsibility to ensure compliance with the applicable laws that apply to you in your geographic location and the laws that apply to all recipients of your Emails based on their geographic locations. Your use of the Website, Service, or Software must comply with all applicable laws.
SEND13 prohibits use of Email that:
- Uses false or misleading header information;
- Uses deceptive subject lines;
- Fails to identify the communication as an ad;
- Fails to inform recipients as to your location;
- Includes the sale or advertisement of pharmaceutical products;
- Includes explicit and/or adult content;
- Includes any phishing attempts;
- Fails to information recipients how to opt out of receiving future emails; or
- Otherwise results in a high level of complaints, opt-outs, undeliverable, or any other negative outcome of email marketing as determined in Send13’s sole and absolute discretion.
This is not intended to be an exhaustive list of prohibited actions and SEND13 reserves the right to prohibit other uses of Email within its sole and complete discretion without prior notice. Send13 reserves the right to terminate or suspend your Subscription and your access to the Website, Software, or Services based on your violation of its Email Policy, as determined in Send13’s sole and absolute discretion.
Further, if your email list or associated metrics are so poorly performing that maintenance to your list is required, Send13 requires you to use the Klean13 services to sanitize your email list prior to any future use of Send13’s Website, Software, or Services and retains sole and absolute discretion to prohibit you from using its Website, Software, or Services based on your failure to do so.
- White Label Terms
Send13 permit others to integrate its Services into their services to provide White Label Services to White Label Users. This arrangement is specifically subject to pricing and other conditions as negotiated between Send13 and you.
All White Label Services are subject to the terms and conditions of this Agreement in addition to the specific terms of this section. To be clear, this section does not modify, replace, or cancel any of the other terms and conditions of this Agreement, which remain effective and binding.
Send13 provides you the ability to incorporate its Services into you product offerings provided that Send13 has approved of your anticipated use of the Services to White Label Users, including but not limited to approval of marketing content, user experience, and user interfaces.
As a condition of providing the White Label Service, you must require all White Label Users to agree to terms and conditions that legally bind the White Label Users, at a minimum, to adhere to Send13’s terms and conditions as contained within this Agreement (“White Label User Terms”). Send13 retains the right to review and approve or demand modifications to your White Label User Terms and you agree to make any required modifications.
You are responsible for the actions and practices of your White Label Users’ use of the Services and White Label Services and you agree to notify Send13 of any breaches of your White Label User Terms or this Agreement. If you fail to enforce your White Label Terms, Send13 reserves the right to enforce the terms or the terms of this Agreement in Send13’s sole and absolute discretion.
- Copyright Policy
The Website, Services, and Software are © 2018 SEND13.
If you believe that content on this Website infringes your copyrights, you may provide SEND13 a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act.
This notice of copyright infringement must contain the following:
- The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work(s) alleged to have been infringed;
- The location of the copyrighted work(s) on the Website;
- Your contact information, such as an address, telephone, fax number, or email address;
- A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
Copyright infringement notices must be emailed to us at: firstname.lastname@example.org
- Third Party Links
- Term and Termination
This Agreement will remain in full force and effect until terminated under the terms of this Agreement. Your termination of your Subscription will not terminate any obligation that you may have to make payment to SEND13 for amounts due and owing. SEND13 may terminate this Agreement without liability at any time, without notice, and for any reason, including, but not limited to, for your violation of a term or condition of this Agreement.
SEND13 also reserves the right to suspend your access to your Account, and the Website, Services, and/or Software without notice based on your breach of this Agreement, including, but not limited to, the failure to timely make required payments.
- Disclaimer of Warranties
SEND13 PROVIDES THE WEBSITE, SERVICE, AND SOFTWARE ON AN "AS-IS" BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, ACCURACY, OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE, SERVICE, AND SOFTWARE IS AT YOUR SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY TO UNDERSTAND YOUR RIGHTS UNDER THE LAW.
- Limitation of Liability
SEND13 WILL NOT BE HELD LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, DAMAGES, JUDGMENTS, LIABILITIES, COSTS, CHARGES, OR FEES, INCLUDING ATTORNEYS' FEES, WHETHER IN TORT, CONTRACT, PERSONAL INJURY, OR STRICT LIABILITY, INCLUDING, BUT NOT LIMITED TO, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, INCIDENTAL DAMAGES, STATUTORY DAMAGES, SPECIAL DAMAGES, OR PUNITIVE DAMAGES, EVEN IF SEND13 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SEND13 DOES NOT AND CANNOT GUARANTEE 100% UPTIME OF THE WEBSITE, SERVICE, AND SOFTWARE AND YOU AGREE SEND13 IS NOT RESPONSIBLE FOR ANY DAMAGES WHATSOEVER IN CONNECTION WITH ANY INTERRUPTION OF SERVICES PROVIDED THROUGH THE WEBSITE OR IN CONNECTION WITH ANY INTERRUPTION OF USE OF THE WEBSITE.
You and any other person or entity using the Website, Services, or Software agree to hold harmless, indemnify, and defend SEND13, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, either directly or indirectly, that arise out of or are related to your use of the Website, Services, including registration or use of an Account, your violation of any term or condition of this Agreement, or your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend SEND13 under the terms of this Agreement will not provide you with the right to control SEND13’s defense, and SEND13 reserves the right to control its defense and choose its counsel regardless of your contractual requirement to defend SEND13.
- Resolution of Disputes, Governing Law and Limitation of Liability
This Agreement will be governed by and interpreted in accordance with the laws of the State of Florida, without regard to the conflicts of laws rules thereof. You agree that the state or federal courts located in Miami-Dade County, Florida is the sole and exclusive forum for the resolution or litigation of any dispute, claim, or cause of action arising under or related to this Agreement, including its validity, interpretation, breach, violation, or termination. You agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Miami-Dade County, Florida and waive all claims of this forum of being an inconvenient forum. The prevailing party in any action arising under or related to this Agreement shall be entitled to its attorney fees and costs.
You understand and agree that you are explicitly waiving your rights to participate as a class representative or a class member in any class action lawsuit or arbitration proceeding arising out of or in relation to this Agreement. You also explicitly waive any right to assert consolidated claim with respect to any lawsuit or arbitration proceeding that may arise out of or in relation to this Agreement.
SEND13’s liability under the terms of this Agreement shall not exceed $1,000 and that SEND13 is not subject to liability for any consequential, special, indirect, incidental, punitive, or exemplary damages against SEND13.
ALL PARTIES TO THIS AGREEMENT UNDERSTAND AND AGREE THAT ALL DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE DISPUTE AROSE AND EXPLICITLY WAIVE ANY AND ALL OTHER STATUTE OF LIMITATIONS OR TIME BARS.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
- Reservation of Rights
All rights not expressly granted herein are reserved to SEND13, including the right to suspend or refuse to provide its Services to anyone for any reason or no reason whatsoever.