SITE OWNER AGREEMENT AND SOFTWARE LICENSE TERMS
Through its JANGOMAIL.COM LLC TM (the “Services”) JangoMail.com LLC (“JangoMail”) provides website operators and other individuals a variety of tools and resources to collect visitor email addresses and to create, launch, and manage online email campaigns. This service may not be used for the sending of unsolicited email (commonly referred to as “spam”). See our Anti-Spam Policy. The following are the terms and conditions for use of the Services. By checking the “I accept these terms and conditions” box on the Sign Up page or after logging in for the first time, you accept these terms and conditions.
1. Services and Support
1.1 The Services are provided subject to this Agreement, as it may be amended by JangoMail.com LLC, and any guidelines, rules or operating policies that JangoMail.com LLC may establish and post from time to time (the “Agreement”). By posting updated versions of the Agreement at the JangoMail.com LLC.com website, or otherwise providing notice to you, JangoMail.com LLC may modify the terms of the Agreement and may discontinue or revise any or all aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service.
1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services. The Services belong to the party making direct payment to JangoMail.com LLC. In the event of an account dispute, JangoMail.com LLC will lock all access to an account until this determination is made. Once the paying party is identified, the account will be released to that party alone.
1.3 The Services enable corporate websites, small business websites, and community sites to sign up website visitors, collect and retrieve visitor sign-up data, and develop and execute email communications with visitors and other targeted prospects.
1.4 Both the number of email messages sent and the number of KiloBytes of data transferred are metered by JangoMail.com LLC. Normal JangoMail.com LLC accounts allow you to send a fixed number of email messages per month with the total KiloByte data transfer of all messages not exceeding 100 KiloBytes (on average) multiplied by the total number of allowed email messages per month. Additional data transfer may be purchased at U.S. $10.00 per 1 GigaByte of data transfer. Unused email volume and unused data transfer do not carry over from month to month.
1.5 For standard accounts, the Services will be subject to monthly subscription fees (“Paid Services”). Access to the Services will be disabled until payment is received. Paid Services are billed monthly, quarterly, semi-annually, or annually, in advance, according to the Fee Schedule provided to you by JangoMail.com LLC, unless alternate billing arrangements have been agreed to by you and an authorized JangoMail.com LLC representative. The Fee Schedule, including volumes of email, data transfer limits, and prices, are subject to change at any time. All fees paid to JangoMail.com LLC for JangoMail Services are non-refundable, unless account is terminated by JangoMail.com LLC for a reason other than violation of the Anti-Spam Policy. Payment for Services will be made by a valid credit card accepted by JangoMail.com LLC, unless other payment arrangements have been made between you and an authorized JangoMail.com LLC representative. You hereby authorize JangoMail.com LLC to charge your credit card for such amounts on the business day prior to your account renewal date. You may upgrade your account for a particular monthly period from your base level subscription to allow more email sending or more data transfer for a particular month. In such cases, you authorize JangoMail.com LLC to charge your credit card on the day you upgrade, the difference between the new level to which you are upgrading and the base level. If you do not upgrade but you still send more emails or use more data transfer than your prepaid level during a particular monthly period, you authorize JangoMail.com LLC to bill for the actual service level used minus the prepaid amount. Fees are payable in US dollars. If JangoMail.com LLC is for any reason unable to effect automatic payment via your credit card, you will be notified via email and your JangoMail.com LLC account will be disabled until payment is received. Monthly pricing may vary based upon number of emails sent and size of emails sent, and you are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by JangoMail.com LLC.
1.6 For Overage Allowed accounts, available only by special request, the Services will be subject to minimum monthly subscription fees (“Paid Services”). Access to the Services will be disabled until payment is received. Paid Services are billed monthly, quarterly, or annually, in advance, according to the Fee Schedule provided to you by JangoMail.com LLC, and at the end of each service month, depending on how many email messages and how much data was transferred during said service month. The fee at the end of the service month will be calculated using a modified version of the Fee Schedule minus the pre-paid subscription amount for the month. The modified version of the Fee Schedule will be the normal Fee Schedule, and will follow the JangoMail pricing tiers. The Fee Schedule, including volumes of email, data transfer limits, and prices, are subject to change at any time. All fees paid to JangoMail.com LLC for the Services are non-refundable, unless the account is terminated by JangoMail.com LLC for a reason other than violation of the Anti-Spam Policy. Payment for Services will be made by a valid credit card accepted by JangoMail.com LLC, unless other payment arrangements have been made between you and an authorized JangoMail.com LLC representative. You hereby authorize JangoMail.com LLC to charge your credit card for such amounts on the business day prior to your service renewal date, based on number of email messages sent and amount of data transferred. Fees are payable in US dollars. If JangoMail.com LLC is for any reason unable to effect automatic payment via your credit card, you will be notified via email and your JangoMail.com LLC account will be disabled until payment is received. Monthly pricing may vary based upon number of emails sent and size of emails sent, and you are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by JangoMail.com LLC.
1.7 For all accounts, JangoMail.com LLC may charge an account re-activation fee should an account need to be re-activated by customer after account has become deactivated due to non-payment or an untimely authorization for payment.
1.8 You must complete the registration form on the Sign Up page in order to use the 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 for your JangoMail.com LLC account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name. JangoMail.com LLC reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
1.9 It is understood that JangoMail.com LLC makes no guarantee that HTML messages will be rendered properly on all recipients’ email programs, due to the wide variety of HTML generation tools available. It is the nature of HTML to render differently in different applications. For example, if you use Microsoft Word to generate HTML email messages, it is expected that recipients of your message using a non-Microsoft email application may have difficulty reading your message. For best results JangoMail.com LLC recommends thorough testing before sending. JangoMail.com LLC also provides two built-in browser-based HTML editors which you may use to compose your HTML message. These are provided as is. JangoMail.com LLC makes no guarantee that the HTML generated by the browser-based HTML editors will result in messages that look the same on all email platforms.
1.10 To receive support, you must either fill out the form at https://JangoMail.com/Support/ or call the support telephone number listed on the “Contact” page of the JangoMail.com LLC website. Emails about new support issues sent directly to a JangoMail.com LLC staff member may result in a delayed response. Some support requests are outside the scope of JangoMail.com LLC’s standard support. These requests may be denied support altogether or quoted for separately, at which time the customer will have the opportunity to decide whether to have the JangoMail.com LLC representative proceed or not.
2. Restrictions and Responsibilities
2.1 This is an Agreement for Services, 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 Services or any software, documentation, or data related to the Services (“Software”); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
2.2 You acknowledge and agree that the Services and the JangoMail.com LLC company names and logos and all related product and service names, design marks and slogans (collectively, the “Marks”) are the property of JangoMail.com LLC or its affiliates or suppliers. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of JangoMail.com LLC. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in JangoMail.com LLC or its third party suppliers, as the case may be.
2.3 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless JangoMail.com LLC against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. Although JangoMail.com LLC has no obligation to monitor the content provided by you or your use of the Services, JangoMail.com LLC may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
2.4 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party’s intellectual property rights.
2.5 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to JangoMail.com LLC. JangoMail.com LLC may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. If you licensed the Services as a result of solicitation by a Marketing Partner of JangoMail.com LLC, JangoMail.com LLC may share your information with the Marketing Partner. JangoMail.com LLC will not provide information to companies you have not authorized, and JangoMail.com LLC will not permit the companies that get such information to sell and redistribute it without your prior consent.
2.6 JangoMail.com LLC will not use your customer list or any other customer information for any other purposes than those intended with the Service. Your customer and account information will not be shared with any other parties, unless JangoMail.com LLC is required to disclose such information in connection with legal process or in accordance with any law, regulation or order of a court or regulatory agency of competent jurisdiction. In addition, JangoMail.com LLC will not use your customer information for the purpose of sending unsolicited commercial email.
2.7 You will adopt and maintain the Privacy Statement, which may be modified by JangoMail.com LLC from time to time.
2.8 JangoMail.com LLC’s Anti-Spam Policy complies with the United States CAN-SPAM Act as JangoMail.com LLC’s servers reside in the U.S. It is JangoMail.com LLC’s responsibility to make sure all U.S. standards are observed. For sending outside the U.S., you must be aware and comply with the laws of the recipient’s country. For example, if you are a U.S.-based company sending to Canada, you will need to comply with Canada’s Anti-Spam Law (CASL).
3.1 You may terminate this Agreement at any time by contacting JangoMail.com LLC via https://JangoMail.com/Support or by sending written notice to JangoMail.com LLC at P.O. Box 751024, Dayton, OH 45475, USA. Correspondence must include your first name, last name, and JangoMail.com LLC username. No refunds will be issued if you terminate this agreement.
3.2 JangoMail.com LLC may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Upon termination by JangoMail.com LLC for reason other than violation of the Anti-Spam Policy, JangoMail.com LLC will provide you a proportionate refund if a prepayment is made beyond a one month service period which JangoMail.com LLC has received for the then-current month, based on the number of days remaining in the period which was pre-paid following the date of termination. Except for such refund, JangoMail.com LLC shall have no liability to you or any third party because of such termination. If JangoMail.com LLC terminates this agreement because you violated the Anti-Spam Policy, no refund will be issued.
3.3 JangoMail.com LLC may delete any of your archived data within 30 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
4. Warranty Disclaimer; Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. JangoMail.com LLC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND JangoMail.com LLC 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 Services shall be for JangoMail.com LLC to use commercially reasonable efforts to adjust or repair the Services.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL JangoMail.com LLC OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “JangoMail.com LLC “) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF JangoMail.com LLC 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, JangoMail.com LLC 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 LIABILITY OF JangoMail.com LLC TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
6. Export of Services or Technical Data
You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
7.1 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.
7.2 JangoMail.com LLC and you agree that the 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 the 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.
7.3 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 JangoMail.com LLC in any respect whatsoever.
7.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.
7.5 The Agreement shall be governed by the laws of the State of Ohio, USA 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 state or federal courts located in Dayton, Ohio.
7.6 JangoMail.com LLC monitors and performs maintenance on all IP addresses. IP addresses in shared sending groups are subject to change without notice to the customer at JangoMail’s discretion.
8. System Requirements
It is understood that in order to use JangoMail.com LLC, a computer, tablet, or smart phone with a connection to the internet is required. JangoMail is fully supported on Internet Explorer 11/Edge, Safari, Firefox, Chrome, and Opera, with limited support for iOS’s Mobile Safari, Windows Phone Mobile Internet Explorer, and Android’s Web Browser. Older versions of Internet Explorer may be subject to degraded functionality. JangoMail makes every effort to have full functionality on all platforms, but there is no guarantee that all features described will work on every version of the browsers stated above.
9. Data purges from your account
JangoMail.com LLC reporting data is regularly purged from your account, in order to prevent our core database from growing beyond its capacity. Data is not recoverable once it has been purged. Detailed information about JangoMail.com LLC’s data deletion schedule can be found in the Data Retention Policy.
10. EU General Data Protection Regulation (GDPR)
If you are subject to GDPR and use the services offered by JangoMail.com LLC (to include JangoSMTP), please read our Privacy Shield statement here.