sendcube email marketing: Terms Of Use: Understanding the Yes and No of sendcube

Welcome to sendcube, a platform for managing your permission-based email marketing needs. Before you use the sendcube system, be sure to read these Terms Of Use in their entirety. Your registration with sendcube signifies agreement with these Terms Of Use.

This is an agreement between sendcube ("us" / "we") and the customer ("you").

Services and Support

sendcube provides web-based email marketing software and services (the "Service").
The Service allows you to create subscription forms, collect subscriber information from your website, prepare email campaigns, and broadcast email campaigns from the system. The Service also includes other functionality as listed in the Features section, some of which require additional charges or sendcube credits.
Before you can use the Service, you must register through the sendcube website. You agree to provide complete and correct information upon your registration. By registering on the sendcube website, you agree to this Terms Of Use Policy, the Privacy Policy, and the Anti-Spam Policy.
sendcube only provides its services to people who are at least 18 years old.
All sendcube customers must abide by our Anti-Spam Policy. Subscribing to sendcube’s services confirms and acknowledges that you will abide by our Anti-Spam Policy.
You acknowledge and agree that sendcube only provides a service as stated in point 2 under "Services and Support" and that sendcube does not endorse the contents of the email messages that you send through the Service.
You agree and understand that you can only use permission-based email addresses for all your campaign sending needs. The term "permission-based email address" means that you specifically requested for a person’s permission and he/she has granted you the permission to send him/her your email campaign. Please visit our Anti-Spam Policy to learn more.
You are solely responsible for ensuring that your email campaigns do not generate complaints and bounces that exceed industry standards. sendcube will make the sole and binding determination of what level of complaints and bounces constitutes industry standards.
sendcube does not guarantee that email sent through the Service will render and display consistently in all email clients. We make every effort to comply with email standards, but we cannot guarantee compatibility. You should ensure that your emails render properly by testing thoroughly before sending. We allow up to ten (10) email addresses for test messages, free of charge.
The sendcube system allows you to resell sendcube’s services under your own private label or under sendcube's branding. You are allowed to set your own pricing for reselling the services. However, sendcube does not bill your customers directly; billing for resale is your responsibility.
All user accounts will follow the main account holder's plan. Meaning, if you are sendcube's Monthly Plan customer, you can only create Monthly Plan users, and if you are a Pay As You Send Plan customer, you can only create Pay As You Send Plan users.
You must make it clear that you are not a representative of sendcube and that sendcube has no other business relationship with you, other than you using the Service.
For Monthly users, all credits will be automatically refreshed on the 1st of each month. Unutilized credits will be deleted and no refund will be given. If you are selling sendcube’s services to your customers, you should ensure that your customers are aware of this arrangement too.
sendcube only provides support through its support ticket system. While sendcube makes every effort to respond to all support requests within two (2) hours, during normal support hours and business days, failure to do so cannot be held against sendcube. The two (2) hour support window runs from when the support ticket is properly submitted to when sendcube provides its first response. The problem is not guaranteed to be resolved within two (2) hours.
sendcube only provides support to the main account holder, not to any users. All user support must be obtained through the main account holder.
sendcube’s system will create automated emails to inform you and/or your users of certain issues, including but not limited to – the status of their email campaign sending or insufficient email credits. If sendcube is sending email to your users, the email will not contain the sendcube brand, and the From Name and From Email fields will reflect the main account's company name and email address. All emails sent to main account holder will have the sendcube brand.
The Service is hosted at a professional data center, which manages and maintains the web servers. sendcube utilizes a different data center in a separate location to manage the sendcube marketing website and application.
We perform full backups of all web, database and email servers each week, along with incremental backups every day for the web and database servers. These backups are not for restoring individual client data, but are only for restoring data to the servers. However, we cannot guarantee that all backup data can be restored.
sendcube takes privacy seriously. We work to keep all client information secure at all times. We utilize a hardware firewall to protect all our servers.

Fees and Payment

You agree to utilize sendcube's services under one of the following three (3) service plans:
1. Trial – Under this plan you will receive fifty (50) free sendcube credits that you can use within thirty (30) days. At the end of thirty (30) days, you can still access your account for another thirty (30) days, but your online subscription form and campaign sending will be disabled, and it is recommended that you upgrade to a paid service plan if you would like to carry on using sendcube.
2. Monthly – Under the Monthly Plan, you simply pay a monthly fee to sendcube, charged via your credit card one month in advance, and you can utilize sendcube’s services.
3. Pay As You Send – For this plan, you are required to purchase a minimum of 1,000 email credits to open an account with sendcube, after which you can purchase credits from sendcube as you need them. You order credits from sendcube and pay with a credit card accepted by sendcube. Your credits never expire but you are still bound by terms set under the Suspension, Cancellation, and Termination section and Point 5 under the similar section.
Currently, sendcube provides its pricing in three (3) different currencies. US$, EURO and Sing$. The prices shown are the quoted prices based on each currency's average exchange rate for a specific period, and are not based on exchange rates for a period. sendcube reserves the right to change the pricing should there be dramatic changes to the currency exchange rates.
You agree to make all payments due to sendcube by a valid major credit card that is accepted by sendcube, unless sendcube agrees to alternate arrangements in writing. Currently sendcube accept VISA and MasterCard only.
For Monthly plan customers, your monthly subscription fee will be automatically deducted on the 1st of each month. If sendcube fails to deduct payment from your credit card, our system will try for another two (2) days, after which your account will be put on suspension and you will be required to make your payment manually before you can utilize sendcube again. If sendcube does not receive any payment at the end of the suspension month, your account will be cancelled. sendcube will store your data for another thirty (30) days, for your export purposes, after which, for privacy and security reasons, your data will be deleted and cleared from our server.
If you decide to upgrade your plan, you can choose to upgrade immediately or you can start the upgrade from the following month. If you choose to start immediately, you agree to pay the difference in price between your new plan and your former plan for the current month.
If you downgrade your plan to a lower-priced plan, the downgrade will only take effect at the end of the current billing cycle and your new monthly billing will be based on the new pricing.
To change from the Monthly Plan to the Pay As You Send Plan, you must purchase a minimum number of credits set by sendcube. You can still utilize your current monthly credits plus your new Pay As You Send credits. Your monthly credits will expire at the end of the current month.
If you change from the Pay As You Send Plan to the Monthly Plan, your unused sendcube credits will be transferred as "Add-ons" to your Monthly Plan but you can start utilizing your Add-ons immediately, along with your Monthly Plan credits if you choose to start from the current month. If you decide to start from the next month onwards, you can only utilize your Add-ons but not the current monthly credits.
Scheduled sending:
1. Credits will be deducted from your account within the month that your email is scheduled to be sent. If you cancel a scheduled sending, the credits will be refunded back to your account.
2. The number of credits used for scheduled sending is calculated at the time of setting up the scheduled email. No refund will be given if, on the actual date of sending, your subscriber count is lower than the initial count due to unsubscribe requests, bans or deletions by you or your subscribers. New subscribers will not be added to the scheduled count.
3. If you schedule sending for next month, we do not deduct your credit immediately but on the first day of the scheduled month.
The main account user agrees to be solely responsible for all billing issues. At this moment, sendcube does not provide any billing support for users.
You agree not to receive a refund for any payments given to sendcube, unless sendcube fails to provide its service during a given month. In that event, the refund shall not be greater than the fees you paid to sendcube during that month.
No refund will be given for customers whose accounts are terminated due to spam or high complaint and bounce rates. sendcube will conduct an investigation and update customers on the situation before making any termination decisions.
sendcube reserves the right to change its prices or its credit policy at any time. Before any change in policy, we will notify you by sending an email to the main email address in your sendcube account. We will assume your receipt of the changes if we do not receive a bounced message from your email server. We advise you to ensure deliverability of important emails from sendcube by putting the sendcube domain name under your safe senders list.

Suspension, Cancellation, and Termination

We reserve the right to suspend or terminate any account that is caught spamming or has received a high volume of complaints and bounces.
You agree that if your account is terminated due to a breach of our Anti-Spam Policy, sendcube will not provide any refund of monies paid to us.
sendcube reserves the right to charge a reactivation fee to reactivate a suspended account.
If you have users in your account, you are responsible for ensuring that these users do not violate the Anti-Spam Policy or receive an unacceptable number of complaints and bounces. sendcube will inform the main account holder of any problematic users and at the same time suspend the account, at which point the main account holder must immediately take action to resolve the matter and inform sendcube of the action taken. Main account holders with too many problematic users will have their own account suspended or terminated.
Pay As You Send user credits have no expiry date, but sendcube reserves the right to suspend or terminate the account without any refund if customers are found to have a large number of subscribers and are frequently exporting their subscriber lists. This is to ensure that the sendcube system is not being abused. The purpose of the Pay As You Send Plan is to help marketers who do not send email campaigns frequently, and not for clients to use our system as a placeholder for their subscribers.
You can cancel your account at any time by logging in to the system and canceling your account under the "Account" section. All cancellations will only take effect from the following month. No cancellations will be accepted through email, fax or telephone. No refunds will be given for either the Monthly Fixed Plan or Pay As You Send Plan should you cancel the account.
It is your responsibility to download your data upon cancellation. sendcube will store your data for thirty (30) days, after which for privacy and security reasons, it will be deleted and cleared from our server.
If your account is terminated by sendcube, you will be allowed to export your subscriber lists. You must complete this export within thirty (30) days of account termination, after which for privacy and security reasons, it will be deleted and cleared from our server.

Private Label Customers

sendcube is designed to allow anyone to resell sendcube as a service of their own to their respective clients, but such customers and their clients are still liable under sendcube’s Anti-Spam Policy.

sendcube will inform you about users who have breached our Anti-Spam Policy, and at the same time suspend their accounts, at which point you must immediately take action to resolve the matter and inform sendcube of the action taken. sendcube will then respond based on Section 1 under "Suspension, Cancellation, and Termination". If your account has too many users who have breached the Anti-Spam Policy, your account will be suspended or terminated.

System Requirements For Using sendcube

To use sendcube, you will need to have a Windows PC or Apple Macintosh with Internet Explorer 7.0 or higher, Firefox 2.0 or higher or Safari 3.0 or higher. Other operating systems may work in a limited manner but there is no guarantee of functionality. You will also require an internet connection to access sendcube, and this connection is to be provided by your Internet Service Provider and not sendcube.

Unacceptable Content

You agree not to use the Service to send any unacceptable content. The following list shows examples of unacceptable content, but this list is not exclusive:

Selling illegal substances.
Promoting gambling or betting.
Pornography/adult content.
Promotion or sale of products or services that are deemed unlawful.
Content that degrades a person, or religious, country or political rights.
Work from home and/or "get rich quick" content.
Transmission of third party content or information that may violate or infringe upon any rights of a third party.

Email Practices

You agree to ensure the following standards are met when sending email from sendcube:

The From and Reply To addresses are valid email addresses. We do not allow any no-reply or do-not-reply email addresses.
Your company name and address are included in all mailings. You are allowed to use a P.O. Box if your company has one.
An unsubscribe link is clearly viewable in your message; the link should not be placed in a way that requires significant effort to recognize it.
You state clearly why the user is getting this email from you.

You also agree to follow standard internet etiquette for email and state and federal laws, including the following:

You will not harvest email addresses and import them into the sendcube system.
You will not buy or rent email addresses and import them into the sendcube system.
You will not import email addresses that you have not received any permission to send to.
You may only send messages to individuals that have given you their explicit permission to email them.
You must fully comply with unsubscribe requests. This means that you do not send messages to an unsubscribed address. All unsubscribe requests initiated from the unsubscribe link in your campaign will be automatically handled by the sendcube system. You will be able to view the unsubscribed email addresses, but they are only meant for your own records and historical data.

You are responsible for ensuring that your abuse complaints and bounce rates stay within a level that is in accordance with industry norms; this level is to be decided by sendcube in its sole and complete discretion.

Please visit our Anti-Spam Policy page to have a better understanding of what are acceptable email practices.

Batch Importing

All batch import of subscribers will be manually reviewed and approved by the sendcube team, who may get in touch with you for proof of permission received. If you are unable to provide sendcube with the requested information, the imported subscribers will be rejected. sendcube reserve the right to reject lists that have the characteristics of a rented or purchased list.

The batch import approval process takes between one (1) and two (2) working days and may take longer if sendcube is unable to get the requested information from you.

Intellectual Property

Subject to the Terms of Use, sendcube grants to you a non-exclusive, limited, fully revocable license to use the Service during the time you are in full compliance with the Terms of Use.

Subject to the Terms of Use, you will retain any and all applicable copyright and other intellectual property rights with respect to any data and/or information you create or store with the Service, to the extent that you have such rights under applicable law.

Non-Disclosure

You and sendcube both agree to retain in confidence all proprietary and confidential information transmitted to each other, and both parties will make no use of such confidential information except under the provisions of the Terms of Use.

sendcube will use all reasonable precautions and take necessary steps to prevent your distribution lists from being accessed by unauthorized persons. We will not share (unless required by law), sell or otherwise distribute the confidential information in your account.

You agree to use all reasonable precautions and take necessary steps to prevent our confidential information (including but not limited to data, scripts, source code, programs, business plans, business models, business concepts, and communications) from being acquired by unauthorized persons. You further agree to take appropriate action, with regard to any person permitted to access our confidential information and data, in order to ensure our confidential information and data are protected. You agree not to disclose our confidential information to any person for any purpose other than as provided in this Terms of Use.

Limitation of Liability

In no event will sendcube or its directors, employees, partners or agents be liable to you or any third person for any money damages, whether direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including for any lost profits or lost data arising from your use of the Service, even if sendcube is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, sendcube's liability to you for any cause whatsoever, and regardless of the form of action, will at all times be limited to one (1) Monthly Plan amount or the advance credits under Pay As You Send paid by you to sendcube.

Force Majeure

No party shall be liable for any delay or failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout, interruption or failure of electricity, telephone, or communications services (including DNS propagation), failure of third party software or hardware, or other occurrences which are beyond either party's reasonable control.