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Terms of Service

By signing up and/or accessing our services you are agreeing to be bound by the terms of this agreement. Please read this document carefully as it is a legally binding agreement. If you do not agree to be bound by the terms of this agreement, you may not use the services we provide. These services are intended for use only by individuals who are at least 18 years old or minors 13 years old and above who have parental permission. MaxiMailer reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Terms of Service and additional terms or notices posted on the MaxiMailer website. To use our service you must agree to all of the following:

Indemnification Policy:
You must understand and agree that any service provided is provided "as is" and "as available". MaxiMailer makes no warranties of any kind regarding any service provided. MaxiMailer makes no claim that any service provided will meet your requirements, will be uninterrupted, timely, secure, or error-free. No information obtained from a third party is endorsed by MaxiMailer and remains the responsibility of the third party providing the information. The provider gives no warranty, expressed or implied, for the services provided, including, without limitation, warranty of merchantability and warranty of fitness for a particular purpose. This no warranty expressly includes any reimbursement for losses of income due to disruption of service by the provider or its providers beyond the fees paid by client to provider for services. We make every effort to backup our data, but we are not responsible for any loss of data. In no event shall MaxiMailer be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold MaxiMailer harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against MaxiMailer, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. MaxiMailer is not responsible for any content hosted on our network.

Acceptable Use:
By using our services you agree to be bound by and comply with any and all applicable laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government. Newsletters MAY NOT contain any of the following, including but not limited to:

It is up to the creator of the newsletter to be responsible for upholding these rules.

MaxiMailer will be the deciding factor in what is allowed and not allowed. MaxiMailer's failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right. If your newsletters are found to be in violation of these terms, your account will be permanently removed, and any applicable legal actions shall also be taken if needed. MaxiMailer unconditionally reserves the right to remove or suspend access to your account without notice or explanation. Failure to abide by any local, state, or federal laws regarding your account will result in permanent removal and refusal of service. MaxiMailer will not be held responsible for any content and/or damages caused by such material hosted on our network.

By signing up to our services you are subscribed to receive service announcements that relate to your agreement with MaxiMailer.

Legal Disputes
In the event it is necessary to refer any dispute to an attorney or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees and all costs associated with any legal action, whether or not a suit shall actually be filed. These terms of service shall be governed by and construed in accordance with the laws of the respective states of the owners and the United States of America.

Service Availability
MaxiMailer maintains a high level of service uptime. The advertised uptime does not apply to service interruptions caused by (i) periodic scheduled maintenance or repairs undertaken by MaxiMailer from time to time; (ii) downtime caused by You; (iii) outages that do not limit browser access to your account (for example, interruptions to your database or admin panel); (iv) suspension of your account due violations of the Terms of Service, as determined in MaxiMailer's sole discretion; or (vi) causes beyond the control of MaxiMailer or that are not reasonably foreseeable by MaxiMailer.

Copyright and Licenses
The entire contents of this site are property of MaxiMailer, including but not limited to: text, graphics, logos, buttons, icons, audio clips, and any other data form. You may not reproduce, modify, copy, republish, or transmit/distribute, and portion of the website without the prior express written consent of MaxiMailer. Your submission of any file hereby constitutes your agreement to grant MaxiMailer a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions. You also grant MaxiMailer the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto. MaxiMailer will enforce its intellectual property rights to the fullest extent of the law.

The MaxiMailer service provides you with computer code to place in a page on your website. This computer code is copyrighted by MaxiMailer and is strictly limited to use with the MaxiMailer service. Modification or use outside the MaxiMailer service without the express written consent of MaxiMailer is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

You or your customers may enter data into your account which is stored in databases controlled by MaxiMailer. You retain exclusive copyright to this information.