TERMS OF USE FOR SOFTMAILER.COM

To Our visitors, Users, and Customers,

This document is our current Terms of Use for our website. Please read our Terms of Use before using or accessing Softmailer.com.
NOTE: It is a legally binding contract between Softmailer.com, and our: visitors; users; and customers. If you don't like or agree with these terms, or are under the age of eighteen (18), we ask that you do not register for an account or continue to use the website. We reserve the right to amend or change our Terms of Use at any time, and by your continued use of our website and platform, you are agreeing to these terms.

Thank You. The Softmailer.com Team October 5, 2017

We are providing the following definitions which are used in this Agreement, to make it easier for you to read and understand.

They are:

We are providing our customers with a user-friendly, affordable software platform to: create, build, and implement successful email campaigns for their businesses. Designed by professional entrepreneurs and marketers, users can visit and access our website for any legal or lawful purpose. But in order to protect our intellectual property and our Customers, Users & Visitors are prohibited from:

1. Anyone surfing the world-wide web can visit and browse our website, but in order to use our email and marketing services, you will have to register for an account. When registering for an account, you promise that:

• You are over the age of eighteen (18)
• You are providing us with accurate & truthful login information
• You will keep all login information confidential
• You will not register a customer for an account without their permission
• You will not access a customer's account without permission
• You will notify us immediately if you think your account has been breached

2. Security

Users understand and agree that they are fully responsible for activity on their account, and must keep their login information confidential. You must notify us immediately if you believe your account has been hacked or breached, by opening a Ticket through your Account Menu which is sent to our Customer Support Department at: [email protected].

1. The term "Content" includes and is not limited to:

• data
• files
• pictures
• video
• audio
• media recordings
• comments
• information
• text
• graphics
• any interactive features which are accessible through the Softmailer.com website

2. Risk

You understand that any website content that you access or download, whether on our website; or any other third-party website; is at your own risk and agree to accept responsibility for any damages or losses.

3. Intellectual Property

We retain all rights, title and interest to our own website and its' content which is protected by copyrights, trademarks, service marks, patents, trade secrets or other laws, both locally and internationally. You promise not to interfere with these rights, and to follow all applicable intellectual property laws.

4. Submissions

Any data or files, which are uploaded or downloaded from our platform is considered a User Submission. Customers can upload their email lists, files, and attachments for marketing campaigns providing they follow some simple Softmailer.com Rules. These are:

1. Submitted content must be owned by the User/account holder
2. Submitted content must be original to the User/account holde
3. Submitted content must not be a Zip file
4. Submitted content must not infringe upon third-party copyrights
5. Submitted content must not impinge upon a third-party's contract or intellectual property rights
6. Submitted content must not be involved in pending or threatening litigation
7. Submitted content must not be involved in a validity/ownership challenge
8. Submitted content must not contain: religious; sexual; or racially offensive material
9. Submitted content must not contain: viruses; malware; spyware; Trojan-horses; data mining or bots
10. Submitted content must not contain any software, code, or files that might be harmful to our website, platform, servers, or that of our customers and agents.

5. Limited Liability

Customers acknowledge that they are solely responsible for their submissions, and that Softmailer.com is not responsible for any errors, omissions, or intellectual property rights violations committed by other users or customers. Since we have no control over the content submitted by our customers, you agree to hold us harmless for any alleged violation or copyright infringement.

5. Software Interface

The Softmailer.com platform easily interfaces with: Aweber; Mailchimp; and GetResponse. Customers can automatically download or upload their email lists to build, implement, or launch any marketing or email campaign.

If you believe a Softmailer.com user or customer has committed a copyright violation, please notify our Copyright Agent immediately using the following procedure:

1. Claims

Send a written claim containing your: name; address; email address; contact information; and proof of ownership to our Copyright Agent through the Softmailer.com Ticket System located in your Account Menu which is sent to: support.softmailer.com [email protected].In the email you must:

• Identify the property or work that has allegedly been infringed
• Provide the location of the property, or content you believe has been allegedly infringed
• State the name(s) or identity as well as contact information of the person(s) you believe have allegedly infringed upon a copyright
• Provide a signed statement under penalty of perjury, stating you did not grant the alleged violator permission to use the copyrighted material

2. If you are not the owner of the work or material, then you will also need to provide us with a signed statement that says you are authorized to represent the original owner of the copyrighted material, along with the original owner's contact information.

3. Investigation

As soon as our Copyright Agent receives your signed claim, Softmailer.com will immediately:

• Freeze the alleged violator's account
• Conduct a thorough investigation
• Verify information
• Notify the violator of your claim
• Send you a prompt response about our investigation

4. False Claims

If we find that the alleged violator has not committed a copyright infringement, we will immediately release any disputed material back to its' owner and unfreeze their account. If we discover that you have filed a false copyright infringement claim, then you agree to be personally and financially liable for all costs or damages we incur as a result of the investigation, including but not limited to attorney's fees, legal fees, and expenses.

1. Annual Subscriptions & Auto-renewal

Subscriptions are calculated annually at $99.00 U.S. Dollars (Ninety-nine) for a 12-month period, and will auto-renew on your anniversary date. We accept PayPal and all major credit cards through our PayPal account. For this reason, it is important that all of your account and payment information is correct and up-to-date so there are no delays using our platform or launching your marketing campaigns.

2. Renewals & Cancellations

If you do not wish to automatically renew your subscription, you must cancel within (30) thirty days of your anniversary date. Remember, once your account is cancelled, you will no longer have access to your information.

3. Email credits

We offer a unique system to make it easier for customers to use and access the Softmailer.com platform through "credits." Currents customers can purchase bundles of email credits to send out email and marketing campaigns. For instance, 100,000 credits = $120.00 (U.S.A.) which allows you to send out 100,000 emails. Credits can be used to launch an email campaign, or modules to test market campaigns. (See our sell.softmailer.com landing page for more information on modules.) All Softmailer.com email credits expire, therefore you must use them prior to your Subscription anniversary date.

Customers can cancel their account at any time by providing a written email notice to our Customer Service Department, requesting cancellation, or by using the cancellation menu option in their Softmailer.com account. Please note, once your account is cancelled, you will no longer have login access to the Softmailer.com platform. In addition, it may take 30-60 days for our servers to populate and delete you from the system.

Softmailer.com offers a thirty-day (30) money back guarantee if customers are unsatisfied with our platform or services. Customers must follow our Refund Policy in order to receive either a partial or full refund. Failure to follow these instructions will either delay your refund, or prevent you from receiving a refund.

A. Full Refund

In order to receive a full refund under our guarantee, you must send us a cancellation request within the first 30 days of registering with Softmailer.com, and it must be:

1. In writing; or through the "cancellation" button in your profile menu
2. Include your: name, date, and account information if in writing
3. Reason for cancellation, if in writing

B. Partial Refund

In order to receive a partial refund (50%), up to fifty-percent of the annual subscription, you must send us a refund/cancellation request within the first six (6) months of registering with Softmailer.com, and it must contain the same information listed in A 1-3 listed above. No refunds are issued for email credits or any other pre-paid services.

C. No Refund

No refunds are issued after the customer's six-month anniversary, or registration date.

Please Note: We have a Zero Tolerance Policy for: Spam; harassment; bullying; obscenities; pornography; bigotry; copyright infringement; and theft.

Users and customers must not use our website or platform for any improper, illegal, or prohibited purpose. You must not use the Sotmailer.com website in any way that could affect its' availability or use; or in connection with unlawful activity.

1. Support

Softmailer.com provides support services on a first come-first served basis. Customers are encouraged to send our Customer Service Department an email containing: their username and account number; date; and a description of their challenge or problem. One of our qualified Customer Service Technicians will contact you as soon as possible.

2. Maintenance

We regularly conduct maintenance and system checks of our platform. In those instances, our platform may be down or inaccessible. If for any reason the platform, website or system is down for more than 24-48 hours, we will provide notice via our website as well.

The Softmailer.com website may redirect you to other websites or affiliates. If you click a link, or follow a hyperlink to a third-party website, you agree that you are doing so at your own risk.We have no control over third party websites whatsoever; therefore, we are not responsible, directly or indirectly, for any damages or losses that might happen as a result of your accessing or using a third-party website.

Softmailer.com reserves the right to terminate or cancel your access to all or any part of our website or services at any time if any customer violates this Terms of Use. If we cancel or terminate access, you will receive notice either through the website or via email. If your account or access is terminated, then the terms and conditions in this Terms of Use survive termination and cancellation, including but not limited to: limited liability; warranty disclaimers; indemnification; disputes; and choice of law provisions. In this case, we will not provide any Refund, no matter when we cancelled customers account.

Customers, Users, and Visitors agree to defend, indemnify, and hold harmless Softmailer.com, it's owners; directors; employees; and agents; from all third-party claims or losses, costs, actions, damages, expenses, or liabilities, that arise from or relate to your using or accessing our website; platform; content; or services. This also applies to unforeseen third-party claims.

Customers understand and agree that they assume all responsibility and risk for using our: website; platform; content; and/or services. Our company, its' owners; employees; or agents will not be liable for any: incidental; indirect; direct; punitive; exemplary; or consequential damages. The term "Damages" may include and is not limited to:

• Loss of Profits
• Interruption of service
• Injuries
• Loss of business/personal information
• Other loss, claims, or damages

Force Majeure means "any event" that might occur that is "beyond our control", or that of our User or Customer. Neither Softmailer.com, nor our customer shall be responsible for any failure to perform if it involves: vandalism, fire, flood, strike, labor unrest, riot, act of civil or military authority, accident, acts or omissions of carriers, or Act of God, or other event beyond their control. When we become aware of any force majeure event, it will be posted on our website, or sent via email for our customers. Any changes in our service, or resumption in our service will be posted on the Softmailer.com website.

1. Mediation

In the event either we or the customer have a dispute about these Terms of Service or its interpretation, we agree to resolve the dispute via Mediation, located in Slovakia, E.U. and we both agree to share the cost and choice of a Mediator.

2. Notice

The disputing party shall send the non-disputing party a thirty (30) day Notice of Intent prior to filing a Mediation claim, giving the parties the ability to resolve the dispute before Mediation. Notices shall be served as provided within this Agreement. Upon filing of the complaint, Mediation shall be conducted via Arbitration Rules.

3. Courts

If the parties are unable to find a resolution with mediation, or do not agree with the decision of the Mediator, either party may file a claim with the appropriate Court having jurisdiction in Slovakia.

The prevailing party shall be entitled to reimbursement of any costs and fees, including but not limited to attorney’s fees.

1. Commissions

Customers and Users can register to become Softmailer.com Affiliates through our website by simply checking the link in your account menu. As a Softmailer.com Affiliate, you can receive up to a 50% (fifty-percent) commission on any paid subscription fee from customers you refer to our company and software. Referral commissions are paid via PayPal, and distributed the subsequent month of receiving Customer Subscriptions. The benefits of becoming a Softmailer.com Affiliate are:

• Affiliates receive a 50% (fifty-percent) referral commission on all paid subscriptions
• Commissions can be used to pay your personal subscription and fees, or for other Softmailer.com services
• Commissions are paid through your PayPal account (less processing fees)

2. Subscription Payment

Please note that a minimum of the (1) year subscription paid per customer will be held by Softmailer.com in order to cover the Affiliate's annual Subscription obligation. If Affiliates ask us to transfer funds from their Softmailer.com Affiliate account to their PayPal account, and the amount is less than $100.00 U.S. Dollars, then the Affiliate will incur a $10.00 processing fee.

3. Courts

Referral fees will not be paid on cancelled or terminated accounts.

Any Notice that is required in this Agreement must be in writing and sent to parties as follows:

1. Notice can be delivered via: email; fax; United States Postal Service; or overnight/special courier. Customers can opt out of email notifications by sending a written email to our Customer Service Department at: [email protected].

2. All other Notices are to be sent to the last known address or email address for Softmailer.com; or to the customer's last known address/email address.

If any clause or paragraph in this agreement is considered unenforceable or invalid under any law or statute, or made invalid by an Order of a Court of law, the invalid or unenforceable clause shall not render the balance of this Agreement invalid. Any invalid provision shall be considered altered and interpreted so it does not affect the rest of this agreement.

These Terms of Use shall be governed by and construed in accordance with the laws of Slovakia, and the European Union, excluding conflicts of law provisions and C.I.S.G. (U.N. Convention for the International Sale of Goods and Services). If there is any dispute regarding the terms of this Agreement, the laws of Slovakia will govern.

You can contact Softmailer.com at: