terms of use
Introduction
Please read the following terms carefully, as registering and starting to use the Mailmonster System by you or anyone on your behalf indicates your agreement and irrevocable commitment to abide by these Terms of Use. If you do not agree to all or part of these terms, you are not authorized to use the system for any purpose.
Mail Pipe. (“Mailmonster”) provides businesses and organizations with a variety of tools and resources to create, launch, and manage online email campaigns or other services, including short message services (SMS) and landing pages (the “Email Marketing Product”). The Email Marketing Product and any related offerings are referred to in these Terms and Conditions of Use as the (“Product”). Mailmonster’s Product may not be used for the sending of unsolicited email (sometimes called “spam”). See our Anti-Spam Policy, which is incorporated into these Terms and Conditions of Use by reference. The following are the terms and conditions of Use for access to this web site and use of the Product. By clicking the ‘I accept’ button on the sign-up page, by logging in to your Mailmonster account or by accessing the Mailmonster services via any API interface, you accept these terms and conditions of Use.
Definitions
– Company: Mailmonster
– System: The email marketing system of Mailmonster, a marketing platform for sending emails and SMS, along with the ActivePage platform for creating and publishing landing pages.
– Client: Any user (registered or not) who uses the email marketing and/or landing page systems.
– Message: Any communication sent via the email marketing system, including emails and SMS.
– Recipient: The entity to whom the client addresses the communication via the system.
Registration and Activation of the System
The system is provided subject to these terms and any future updates published on the mailpipe.co website. Mailmonster may modify these terms or the system’s aspects at its discretion.
The first step to activating the system is submitting client details via the registration form. Clients must provide accurate and complete information. These details are stored securely and only used for service purposes unless legal action is necessary.
Clients affirm they are over 18 years old.
The company may include the client in its publicly displayed client lists and send reasonable marketing communications.
Use of the System – General
The client must use the system lawfully and pay as detailed on the pricing page or according to a signed contract.
The client must not use the system to send SPAM or unauthorized communications under Israeli law (Communications Law Amendment 40). Clear identification and opt-out options must be included in all messages.
Regulatory Compliance
The client bears sole responsibility to comply with all applicable local and international laws, including:
– Israeli Communications Law (Amendment 40)
– CAN-SPAM Act (2003, USA)
– GDPR (General Data Protection Regulation, EU)
– Children’s Online Privacy Protection Act (USA)
Mailmonster reserves the right to monitor usage and block, remove, or restrict any content deemed non-compliant.
Indemnification
The client agrees to indemnify Mailmonster and its affiliates for any damages, losses, or expenses resulting from the client’s breach of these terms or illegal use of the system.
Sender Identification
Clients must include their name, address, and contact details in all communications. SMS messages must include a valid reply number. An easy unsubscribe mechanism must be available in every email.
Message Content
The client is solely responsible for the content sent via the system. Content must not infringe intellectual property rights, privacy rights, or promote illegal activities. Prohibited content includes:
– Gambling, illegal drugs, pornography, and obscene material.
– Defamation, privacy violations, hate speech, or incitement to violence.
– Misleading advertising.
Recipients and Mailing Lists
Clients must use only permission-based recipient lists owned by them. Mailmonster will not provide mailing lists and reserves the right to remove recipients based on unsubscribe requests.
Fees and Payment
Clients will pay fees according to the published pricing or contractual agreement. Failure to pay will result in immediate suspension of service.
Limitations and Liability
The company’s liability is limited to the lesser of the amount paid for the services or the fees paid in the last three months. Clients are responsible for backing up their data.
Software Ownership
No license to the software is granted. Clients must not reverse engineer, decompile, or create derivative works based on the system.
Termination of Service
Either party may terminate the agreement upon 30 days’ written notice if breaches are not cured. Mailmonster may immediately suspend or terminate service for cause, including unpaid debts or illegal activities.
Mailmonster may delete inactive accounts after 120 days.
Miscellaneous
Any invalid provision will be limited or eliminated without affecting the remaining terms. Israeli law governs these terms, and exclusive jurisdiction lies with the courts of Tel Aviv, Israel.
Contact Information
For any questions regarding rights and obligations, please contact info@mailmonster.io
