Terms of Use

PLEASE READ THIS END USER AGREEMENT CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Green MAIL Inc.. 
THE TERMS AND CONDITIONS OF THIS AGREEMENT MAY HAVE BEEN UPDATED SINCE YOUR LAST VISIT TO THIS WEBSITE. 

IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN DO NOT USE THIS WEB SITE OR THE PRODUCTS.
YOU HAVE INITIATED USE OF Green MAIL Inc.'S ONLINE SERVICES. IN ORDER TO USE THESE SERVICES, INDICATE YOUR ACCEPTANCE 
OF ALL OF THE TERMS AND CONDITIONS BY SELECTING THE "ACCEPT" IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS 
OF THIS AGREEMENT, YOU SHOULD NOT CHECK THE "I agree to the terms and conditions specified above" BOX, 
IN WHICH CASE YOU WILL NOT BE ALLOWED TO USE OUR SERVICES. THIS IS AN AGREEMENT FOR SERVICES AND YOU ARE NOT BEING 
GRANTED A LICENSE TO ANY SOFTWARE UNDER THIS AGREEMENT.

1. Services are provided subject to this Agreement and may be updated by Green MAIL Inc. at any time. Green MAIL Inc. may update any guidelines, rules or operating policies and post them to this site at any time. By posting updated versions of the Agreement Green MAIL Inc. 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. 

2. Green MAIL Inc. services are available only to persons who are at least 18 years old and can form legally binding contracts under applicable law.  You must complete the registration process and agree to our terms of use. All contact information you submit must be true, complete, and up to date.  If you do not meet these eligibility requirements, you may not use the Green MAIL Inc. service.

3. Our services enables individuals the use online email marketing services to collect, store and manage opt in contact email addresses to help create, launch, and manage online email campaigns. 

4. The number of contacts stored, the number of email messages sent and the number of Kilobytes of data transferred are metered by Green MAIL Inc.. Some Green MAIL Inc. accounts allow you to send an unlimited number of email messages per month and other accounts a fixed number of email messages per month. Additional data transfer may be purchased at an additional rate. Unused email volume and unused data transfer do not carry over from month to month. 

5. Customers may elect to use our email marketing solution for free. You will not be billed for such use and may use Green MAIL Inc.'s services subject to the subscriber limits posted on the site. The subscriber limits for a free account are subject to change at any time. Once a customer exceeds the maximum number of contacts the free period will terminate. Upon such termination you may purchase a monthly subscription. Customer's access to the Green MAIL Inc.'s services will be disabled until payment is received.

6. For automatic payment accounts, the email marketing solution will be subject to monthly subscription fees after you exceed the active members limit of the free account or upgrade your service level to a paid account. The account fees are based on the highest number of active contacts you have in your database during the monthly billing cycle. If the number of contacts stored in your account exceeds the subscriber level purchased, access to and use of the services will be disabled until either the number of subscribers stored in its account is reduced or you upgrade the subscriber level to at least equal the number of subscribers stored in the account. Customer's subscriber level may be upgraded but not downgraded at any time during the term of this Agreement. All fees paid to Green MAIL Inc. are non-refundable. Payment for services will be made by a valid credit card accepted by Green MAIL Inc., unless other payment arrangements have been made between you and an authorized Green MAIL Inc. representative. You hereby authorize Green MAIL Inc. to charge your credit card for such amounts on a regular basis, but generally on the monthly anniversary date of your account. You may upgrade your account at any time. In such cases, you authorize Green MAIL Inc. to charge your credit card on the day you upgrade, the difference between the new level you are upgrading to and the base level. Fees are payable in US dollars. If Green MAIL Inc. is for any reason unable to effect automatic payment via your credit card, you will be notified via email and your Green MAIL Inc. account will be disabled until payment is received. Payments not received by the due date may be subject, to a late fee equal to 1.5% or the maximum rate permitted by law of the amount then due, for each month overdue.

7. For Managed pay as you go accounts, available only by special request, the services will be subject to minimum monthly subscription fees of $25.00. Access to the services will be disabled until payment is received. Paid services are billed monthly according to the agreement fee schedule provided to you by Green MAIL Inc., and at the beginning of each month, depending on how many email messages were sent. The fee at the end of the month will be calculated using a modified version of the fee schedule minus the pre-paid $25.00 for the month. The fee schedule, including volumes of email and prices, are subject to change at any time. All fees paid to Green MAIL Inc. are non-refundable, unless account is terminated by Green MAIL Inc. for a reason other than violation of the Anti-Spam Policy. Payment for services will be made by a valid credit card accepted by Green MAIL Inc., unless other payment arrangements have been made between you and an authorized Green MAIL Inc. representative. Payments not received by the due date may be subject, to a late fee equal to 1.5% or the maximum rate permitted by law of the amount then due, for each month overdue.

8. Either Party has the right to cancel the service at any time. Green MAIL Inc. will provide no refunds. If you plan on canceling your account please download all your account information prior to cancellation. Any data left in the account will be deleted and cannot be retrieved. Data will be left in your account for up to 6 months 

9. You must complete the registration form on the Sign Up page in order to use our services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. As part of the registration process, you will identify an email address and password for your Green MAIL Inc. account. Green MAIL Inc. reserves the right to refuse registration of, or cancel, accounts it deems inappropriate. 

10. It is understood that Green MAIL Inc. makes no guarantee that HTML messages will render properly on all recipients' email client. Green MAIL Inc. makes every attempt to make sure that all email messages sent through our servers follow W3C and IETF email standards, but we cannot guarantee that messages will look consistent across all email platforms. For best results Green MAIL Inc. recommends, but does not guarantee, the use of HTML editors that generate HTML that adheres to W3C standards. Green MAIL Inc. also provides a browser based HTML editor which you may use to compose your HTML message. 

11. Customer assures Green MAIL Inc. that (a) copying, displaying, modifying and distributing materials on the Internet does not violate the patent, copyright, trade secret, trademark or other intellectual or proprietary rights of any third party, and that (b) the materials and other services or products available through the product does not violate any applicable laws, including export control law, obscenity laws or laws regarding consumer privacy (c) the prohibited content policy is abided.

12. Customer shall indemnify and hold harmless Green MAIL Inc. and its officers, agents, employees, and directors and member from and against any and all losses, liabilities, damages, claims, payments, liens, judgments, demands, costs and expenses (including reasonable attorney's fees) that result from any claim, liability, damage or cause of action (including claims of third parties) arising out of or relating to, in whole or in part(a), any act, omission or representation of Customer or its agents in performance of this Agreement; (b) any breach of Customer's representations or warranties under this Agreement.  Customer agrees that the foregoing indemnification obligations survive the termination or expiration of this Agreement and the amount thereof shall be payable upon demand.

13. EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, Green MAIL Inc. HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY Green MAIL Inc.'S EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THIS AGREEMENT, SHALL BE DEEMED TO BE A WARRANTY BY Green MAIL Inc. FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF Green MAIL Inc. WHATSOEVER. 

14. NOT WITHSTANDING ANY OTHER PROVISION CONTAINED IN THIS AGREEMENT, Green MAIL Inc.'S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF THE FEES PAID BY CUSTOMER UNDER THIS AGREEMENT, DURING THE PRECEDING 3 MONTHS.  IN NO EVENT WILL Green MAIL Inc. BE LIABLE FOR ANY LOSS OR DAMAGE, LOSS OF REVENUES, LOSS OF PROFITS, OR ANY OTHER ECONOMIC LOSS OR GOODWILL OR OTHER SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM ITS PERFORMANCE, ERRORS AND/OR OMISSIONS, TERMINATION, OR ANY OTHER FAILURE TO PERFORM PURSUANT TO THE TERMS OF THIS AGREEMENT, REGARDLESS OF THE THEORY UNDER WHICH ANY SUCH CLAIMS MAY BE BROUGHT, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, TORT OR ANY OTHER LEGAL THEORY, EVEN IF Green MAIL Inc. HAS BEEN ADVISED, KNOWS, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

15. General Provisions
Consent to Service of Process
The Parties agree that any process served for any suit or proceeding, as authorized hereunder, shall be valid if mailed by overnight mail via a nationally recognized carrier or by certified mail, return receipt requested, to the respective parties at the addresses designated on this Agreement or an alternate address if a party has notified the other party in writing of a change of address.  
 
Force Majeure
Neither party to this Agreement shall be liable for delays caused by an event of natural disaster, casualty, acts of God, riots, governmental acts or such other event of similar nature that is beyond the delaying party's control; provided however that such party shall not have contributed in any way to such event.    

Severability
If any provision of this Agreement is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision which approximates the intent and economic effect of the affected provision.  

Accord & Satisfaction
Whenever a debt hereunder shall be unliquidated and/or under a legitimate good faith dispute or disagreement as to its amount, the Parties agree that they may not discharge the debt by tendering a check marked "payment in full", even though the check is negotiated by either party.  

Assignment & Successors
This Agreement shall be binding upon and inure to the benefit of the heirs, successors, and/or assigns of the Parties.  Customer may not assign its rights or obligations hereunder without the prior written consent of Green MAIL Inc..

Waiver
No forbearance by either party to enforce any provision under this Agreement or any right existing under this Agreement shall constitute a waiver of such provisions or rights or be deemed to amend or modify this Agreement.
 
Publicity & Intellectual Property
This Agreement grants Green MAIL Inc. the right to use Customer's and its affiliate's trademarks, service marks, logos, trade names and/or pictures and to otherwise refer to CUSTOMER and its affiliates in any marketing, promotional or advertising materials or activities.  CUSTOMER may not issue any publication or press release relating to or disclosing the existence of, or the terms and conditions of any contractual relationship between Green MAIL Inc. and the CUSTOMER, except as may be authorized in writing by Green MAIL Inc..  "Work Product," as used hereinafter means models, designs, codes/coding, devices, reports, computer programs, tooling, schematics and other diagrams, instructional materials, and anything else Green MAIL Inc., its agents, employees, and Subcontractors produce in connection with this Agreement.  All Work Product will belong to Green MAIL Inc..  CUSTOMER hereby assigns to Green MAIL Inc. all copyrights, patents and/or trademarks in such Work Product.  To the extent permitted by law, and as it pertains to the Work Product, CUSTOMER waives any moral rights, such as the right to be named as author, the right to modify, the right to prevent mutilation and the right to prevent commercial exploitation, whether arising under the Berne Convention or otherwise.  Furthermore, the parties agree that any Work Product created by Green MAIL Inc. shall belong to and be the exclusive property of Green MAIL Inc., as such Work Product shall not be deemed "MADE FOR HIRE."  CUSTOMER will sign any necessary documents and will otherwise assist Green MAIL Inc., at Green MAIL Inc.'s expense, in registering Green MAIL Inc.'s copyrights, patents and/or trademarks and otherwise protecting Green MAIL Inc.'s rights in such Work Product in any country.  Green MAIL Inc. will own all patents, copyrights or trade secrets covering such materials and Work Product and will have full rights to use the materials and/or Work Product without claim on the part of CUSTOMER for additional compensation. 

Governing Law
The validity, performance and construction of the terms and conditions of this Agreement shall be construed in accordance with and governed by the laws of the States of Arizona and Iowa, and any suit to enforce or construe any provision of this Agreement shall be submitted to binding arbitration under the auspices of the American Arbitration Association within the States of Arizona and Iowa.  The prevailing party shall be entitled to recover its attorney's fees and expenses in any successful action to enforce this Agreement.