PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE.
The Sinus Node Private Limited ("Sinus Node") provides small and medium sized businesses and organizations with (i) a variety of tools and resources to collect visitor email addresses and to create, launch, and manage online email campaigns (called e-axon©) and (ii) a variety of related offerings, including email archiving and premium image hosting services. The Email Marketing Product (called e-axon©) and any related offerings are referred to in these Terms and Conditions of Use as the "Product". Sinus Node's Product may not be used for the sending of unsolicited email ( sometimes called "spam"). See our Anti-Spam Policy.
The following are the terms and conditions for access to this web site and use of the Product. By clicking the ‘Submit’ button on the sign-up and payment page or by logging in to e-axon, you accept these terms and conditions.
1. Copyright and Trademark Information
Copyright ©2007-2008 The Sinus Node Private Limited. All rights reserved.
This web site, and the information which it contains, is the property of The Sinus Node, and is protected from unauthorized copying and dissemination by United Kingdom copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "e-axon" and the e-axon logo are registered trademarks of The Sinus Node Private Limited, under the applicable laws of the United Kingdom and/or other countries. Other Sinus Node products or service names or logos appearing in this Site are either trademarks or registered trademarks of Sinus Node and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of Sinus Node’s trademark or other intellectual property rights concerning that name or logo.
2. Acknowledgements
Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:
3. Product and Support
The Product is provided subject to these Terms and Conditions of Use, as they may be amended by Sinus Node, and any guidelines, rules or operating policies that Sinus Node may establish and post from time to time (collective, the "Agreement"), including without limitation Sinus Node's customer Privacy Policy, as linked from all email generated from e-axon or otherwise furnished to you (the "Policy") (unless otherwise stated, all references to the Agreement shall include the Policy). By posting updated versions of the Agreement on the http://www.e-axon.co.uk website, or otherwise providing notice to you, Sinus Node may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Product in its sole discretion. Except as otherwise provided in the Agreement, all such changes shall become effective upon the posting of the revised Agreement on the Product or at e-axon's website. The Product is available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Product is not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Product. If you are using the Product in your capacity as an employee, you must have the ability to bind your employer by your use of the Product. You must complete the registration form on the http://www.e-axon.co.uk sign up web page in order to use the Product. You shall provide true, accurate, current, and complete information about yourself as requested in the registration form. You may from time to time provide Sinus Node's service personnel with remote access to your computers and other systems for the purpose of troubleshooting issues that arise in your use of the Product. You hereby waive any claim for damages from any problems that may arise from such access, including without limitation any disruption or damage caused by Sinus Node or its personnel.
4. Free Trial; Fees and Payment
4.1 Fees for Email Marketing Product. For the Email Marketing Product, you can continue your trial subscription as long as you want. However, Trial period is not meant for sending emails to the end users. You therefore, agree to use the trial period with in the your company. You can upgrade your account at any time. for more information about pricing, see fees & schedules. You will be required to submit payment in advance. Access to the Email Marketing Product will be disabled until payment is received.
4.2 Fee Schedule; Discounts. You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees charged by Sinus Node. The Fee Schedule, including subscriber levels and prices, is subject to change at any time in Sinus Node's sole discretion. Sinus Node will use good faith efforts to notify you via email prior to the effectiveness of any change to the Fee Schedule. If you receive special discounts through a marketing partner, those discounts may not be available if you cease to continue to be a customer of the marketing partner, in which case Sinus Node's standard rates will apply. Sinus Node may rely on information provided by the applicable marketing partner, if any, with respect to the status of your account.
4.3 Payment. Payment for Product will be made by Checks. Fees are payable in British Pound Sterling (£). If Sinus Node is for any reason unable to effect automatic payment, Sinus Node will attempt to notify you via email and your account will be disabled until payment is received. Amounts paid for the Product are not refundable.
5. Email, Permission Practices, Image Hosting & Prohibited Content
5.1 Subscriber Opt Out. Every email message sent in connection with the Product must contain an "unsubscribe" link that allows subscribers to remove themselves from your mailing list and a link to the then current Privacy Policy. Each such link must remain operational for a period of thirty (30) days after the date on which you send the message, and must be in form and substance satisfactory to Sinus Node. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link. You shall monitor and process unsubscribe requests received by you directly within 10 days of submission, and update the email addresses to which messages are sent through your e-axon account.
5.2 Permission Practices. You agree to import, access or otherwise use only Permission Based Lists in connection with your use of the Product. You hereby covenant that you shall not use any other lists in connection with your use of the Product. Without limiting the foregoing, you agree that you shall not utilize the Product to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting. You cannot mail to distribution lists, newsgroups, or spam or unsolicited email addresses. You cannot copy an e-axon template or any other features or functionality from the Product and use them for any purpose other than sending email messages from the Product. Emails that you send through the Product may generate spam complaints from recipients. As a matter of privacy, Sinus Node cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of spam complaints in excess of industry norms. Sinus Node, in its sole discretion, shall determine whether your level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. Sinus Node will terminate your use of its Product if Sinus Node determines that your level of spam complaints is higher than industry norms.
5.3 Use of Images Hosted by e-axon. Images hosted by e-axon on e-axon controlled servers may only be used in connection with the Product and for no other purpose whatsoever. Uploaded images must be abided by the 5.4 clause.
5.4 Prohibited Content. Sinus Node prohibits the use of the Product or web site by any person or entity that:
- Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video and software; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
- Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.
- Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers, DJ/nightclub, event/club promotions/party lists, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing and college and pro sporting events.
- Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
- Posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in the case of a minor).
- Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
- Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
- " Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting "get rich quick", "build your wealth" and "financial independence" offerings.
- Engages in any libelous, defamatory, scandalous, threatening, harassing activity.
- Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
- Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.
5.5 Right to Disable Access. Sinus Node, at its own discretion, may immediately disable your access to the Product without refund if Sinus Node believes in its sole discretion that you have violated any of the policies listed above or elsewhere in this agreement.
6. Restrictions and Responsibilities
6.1 No Rights in Software. This is an Agreement for services and access to this web site, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Product or any software, documentation, or data related to the Product ("Software"); remove any proprietary notices or labels from the Product or any Software, modify, translate, or create derivative works based on the Product or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Product or any Software.
Unless you are an authorized reseller of the Product, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Product or the Software, or any content, including but not limited to newsletters, distributed to you by Sinus Node in connection with the Product. Violation of these restrictions may result in the termination of this Agreement.
6.2 Permitted Use of the Product. The Product shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Products or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Product in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software or Product, then you hereby covenant that, prior to engaging in such activities, you will first request that Sinus Node perform such work at its standard professional services rates. Sinus Node can then decide either: (i) to perform the work in order to achieve such interoperability and charge its then standard rates for such work to you; or (ii) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability or (iii) provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities despite a contractual prohibition on such activities.
6.3 Compliance with Laws; Monitoring. You shall use the Product only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws). Although Sinus Node has no obligation to monitor the content provided by you or your use of the Product, Sinus Node may do so and may block any e-mail messages, remove any such content or prohibit any use of the Product that Sinus Node believes may be (or is alleged to be) in violation of the foregoing.
6.4 Indemnification. You hereby agree to defend, indemnify and hold harmless Sinus Node and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages you distribute using the Product or (iii) otherwise arises from or relates to your use of the Product. In addition, you acknowledge and agree that Sinus Node has the right to seek damages when you use the Product for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
6.5 Your Information. In using the varied features of the Product, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to Sinus Node. Sinus Node may use this information and any technical information about your use of the Product to tailor its presentations to you, facilitate your movement through the Product, or communicate separately with you. If you accessed the Product as a result of solicitation by a marketing partner of Sinus Node, Sinus Node may share your information with the marketing partner and the marketing partner may share related information with Sinus Node. Sinus Node will not provide your contact information to companies you have not authorized for that purpose unless required by law or unless you are terminated from e-axon due to unsolicited commercial email being sent from your e-axon account. Sinus Node will never sell or rent your contact lists to anyone without your permission. In the event Sinus Node amends or revises the policy described in the immediately preceding sentence, it will provide advance notice of such amendment or revision.
6.6 Intellectual Property Rights in Your Content. You agree that you will not upload or transmit any contact lists, communications or content of any type to this web site or in connection with the Product that infringe, misappropriate or violate any rights of any party. By submitting ideas, concepts, inventions, or content to this web site or using them in connection with the Product, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to Sinus Node or to any third party using the Product, any communication or content that infringes or violates any rights of any party. If you submit any business information, ideas, concepts or inventions or content to Sinus Node by email, you agree such submission is non-confidential for all purposes. If you make any submission to this web site or if you submit any business information, idea, concept or invention to Sinus Node by email, you automatically grant—or warrant that the owner of such content or intellectual property has expressly granted—Sinus Node a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any manner.
7. Termination
You may terminate this Agreement at any time by calling eSinus Node Customer Support. There are no refunds for any fees paid.
Sinus Node may terminate this Agreement or the Product, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. Sinus Node shall have no liability to you or any third party because of such termination or action.
Sinus Node may delete any of your archived data within 30 days after the date of termination. After termination, you shall process all unsubscribe requests within 30 days of your last email campaign. Sinus Node will provide upon request the list of unsubscribe requests from your last campaign. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
If your account is classified (at Sinus Node's sole discretion) as inactive for over 120 days, Sinus Node has the right to permanently delete your subscriber data. Sinus Node will use good faith efforts to contact you via email prior to taking any permanent removal actions.
8. Warranty Disclaimer; Remedies
USE OF THE PRODUCT AND ANY RELIANCE BY YOU UPON THE PRODUCT, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. Sinus Node DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCT. THE PRODUCT ARE PROVIDED "AS IS" AND Sinus Node DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Product shall be for Sinus Node to use commercially reasonable efforts to adjust or repair the Product.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Sinus Node OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "Sinus Node") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF Sinus Node SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, Sinus Node IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF Sinus Node TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCT IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY Sinus Node TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
10. Links to Third-Party Web Sites
This web site may contain links to non-Sinus Node web sites. These links are provided to you as a convenience, and Sinus Node is not responsible for the content of any linked web site. Any non-Sinus Node web site accessed from this web site is independent from Sinus Node, and Sinus Node has no control over the content of that web site. In addition, a link to any non-Sinus Node web site does not imply that Sinus Node endorses or accepts any responsibility for the content or use of such web site.
11. No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Sinus Node of that third party or of any product or service provided by a third party.
12. Notice and Take Down Procedures; Copyright Agent
If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Sinus Node and providing the following information:
In an effort to protect the rights of copyright owners, Sinus Node maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.
13. Username and Password
You are responsible for maintaining the security of your account, passwords, and files. Sinus Node will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password on-line, by e-mail or by phone. Sinus Node has no knowledge of your organizational structure, if you are registering for the Product as an entity, or your personal relationships, if you are a person. Sinus Node shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password.
14. Miscellaneous
14.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
14.2 Sinus Node and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
14.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Sinus Node in any respect whatsoever.
14.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
14.5 The Agreement shall be governed by the laws without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the courts.
Additional Information
If you have any questions about the rights and restrictions above, please contact Sinus Node by email at info@sinusnode.com.
Copyright ©2007-2008, The Sinus Node Private Limited. All Rights Reserved.