Terms and Conditions for NewsletterMonster.com

Effective Date: 02 November 2024

1. Introduction

These Terms of Use (“Terms”, “Terms of Use”) introduce the basic terms and conditions of the services provided by NewsletterMonster through its website and mobile application.

Please note that throughout these Terms, "we," "us," and "our" refer to NewsletterMonster, and "you," "your," and "yours" refer to the user.

2. General Rules

2.1.

We undertake to provide the Services in the best business manner and in accordance with the Terms of Use and all applicable laws.

2.2. To use our Service, you must:

• Be at least eighteen years old;
• Provide accurate contact and billing information;
• Agree with these Terms, Anti-Spam Policy, DPA, and API Use Policy, which form part of these Terms.

2.3.

By signing up or using the site, you accept these Terms and warrant that you meet all the requirements listed in this document and will not use the Services in a way that violates these Terms or any laws or regulations. If you violate any of this, we may suspend or terminate your account.

3. Payment Terms

3.1.

Payment is not made until the provision of Service. The payment period is one month for a monthly plan and can be settled by a credit card. In the event that you exceed your Services limit, you must pay for the exceeding part additionally.

3.2.

The rates for Services and additional services are listed on our pricing page. We may modify or change our fees and pricing at any time.

3.3.

All subscription fees displayed are exclusive of VAT and/or sales tax. VAT rates vary by country, and the applicable VAT rate will be displayed at checkout and on your final invoice based on your billing country.

4. Delivery and Filtering

4.1.

We will use commercially reasonable efforts to deliver your email and/or SMS messages, but we do not guarantee delivery. Third-party filtering services and policies may prevent successful delivery.

4.2.

While we provide some email filtering services designed to filter spam, we recommend that you employ additional security measures.

4.3.

We are not responsible for any damages arising from the failure of our filtering services.

5. Communications

5.1.

You acknowledge and agree that we may occasionally send you communications regarding your account or the Services via email.

6. Accounts, Passwords, and Security

6.1.

You must be a registered user to access Services. You are responsible for keeping your password secure.

6.2.

If your account is inactive for 6 months or more, we reserve the right to permanently delete your account.

6.3.

We utilize third-party services to monitor and safeguard your email and password against potential data breaches.

7. Appropriate Content

7.1.

We allow sending only relevant content that has been agreed to by recipients and corresponds to the CAN-SPAM Act. Ineligible use cases include but are not limited to:

• High-Risk Financial Services
• Get Rich Quick Schemes
• Illegal Substances
• Any type of loans
• Debt consolidation
• Cannabis
• Ethical hacking services
• Quick credit
• Debt reduction
• Alcohol
• Fraud or scams
• Gambling
• Credit repair programs
• Tobacco or vape
• Deceptive marketing
• Sweepstakes
• Affiliate marketing
• Mobile unlocking services
• Profanity or hate speech
• Stock alerts
• Pyramid schemes
• Firearms
• Content that encourages discrimination
• Cryptocurrency
• Forex
• Content that could cause health risks
• Pornography
• Escort services
• Weight loss material

8. Limitation of Liability

8.1.

In no event shall we be liable for any indirect, special, incidental, or consequential damages.

9. Suspension of Services

9.1.

We may suspend the Services without liability if we reasonably believe the Services are being used in violation of the Terms.

10. Termination of Service

10.1.

You have the right to terminate your account at any time without penalty. In the event of account cancellation, you will lose all data related to your account.

11. Refunds

11.1.

We are required to provide a refund only if we terminate our Services to you without cause before the end of a billing period.

12. Intellectual Property

12.1.

We claim no intellectual property rights over the material you provide to the Service.

13. Privacy

13.1.

Protecting your privacy is important. Please read our Privacy Policy to understand how we process and protect personal data.

14. Changes

14.1.

We reserve the right to change these Terms of Use at any time. All changes are effective immediately upon posting.

15. Miscellaneous Provisions

15.1.

These Terms of Use will begin upon the moment you become our client and will continue unless terminated hereunder.

16. Prohibited Actions

You agree not to engage in actions that interfere with the Website’s operations or that violate any law, including, but not limited to:

• Attempting to access restricted areas without permission.
• Sharing your access credentials with others.
• Violating intellectual property rights or privacy of others.
• Transmitting unauthorized bulk communications or "spam."

17. User Account Security

Registered users are responsible for securing their access credentials. NewsletterMonster reserves the right to deactivate any user account without prior notice if we suspect unauthorized or improper use.

18. Content Removal and Copyright Disputes

18.1. Request for Content Removal

NewsletterMonster respects the rights of content creators. If you believe your content has been archived or reproduced in a way that infringes your intellectual property rights, please contact us with specific details. We will review and, if appropriate, remove or restrict access to the disputed content.

18.2. Copyright Notice

The Website may contain copyrighted material that is used under fair use or similar provisions. Users who wish to make further use of this content are advised to contact the copyright owner directly.

19. Disclaimer of Warranties

19.1. No Warranty

The Website and its content are provided "as is," without any warranties of any kind, express or implied, including, but not limited to, accuracy, completeness, reliability, or timeliness of information. NewsletterMonster makes no warranty that the Website will operate error-free, secure, or uninterrupted.

19.2. Liability Limitation

NewsletterMonster is not liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your use or inability to use the Website. In jurisdictions where exclusion of implied warranties or limitation of liability is not permitted, our liability shall be limited to the extent permitted by law.

20. Indemnification

You agree to indemnify and hold harmless NewsletterMonster and its employees, affiliates, agents, and partners from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from your use of the Website, your violation of these Terms, or your infringement of any third-party rights.

21. Termination and Modifications

21.1. Termination

NewsletterMonster reserves the right to terminate your access to the Website at its discretion, without notice, for any reason, including violations of these Terms.

21.2. Modifications to Terms

These Terms may be updated periodically to reflect changes in our practices, the law, or for other reasons. Continued use of the Website following any modifications constitutes acceptance of the revised Terms.