Terms of Use (until 12th January, 2018)

Terms of Use for FreshMail.com

FreshMail is committed to providing the highest standard of service to our customers. The Terms of Use are meant to clearly define the conditions under which clients may utilize FreshMail for commercial, professional or recreational use.

Before beginning any activities with FreshMail, please read the Terms of Use in its entirety since use of the system constitutes acceptance of the procedures and standards used by FreshMail.

The Terms of Use are meant to make your work with FreshMail completely transparent. To make them easier to navigate and understand, the Terms of Use have been divided into sections with additional commentary where necessary to clarify various points. This is all so done so that the rights and obligations attached to your FreshMail account are perfectly clear. Remember that the division of the Terms of Use into parts is strictly for the purposes of convenience and no individual part can be interpreted independently of its place in the larger text. In case of any questions or doubts regarding the rules set forth here, please contact us at the address given near the end of the text (point 73 of the Terms of Use).

Definition of terms

    1. Just so everyone has the same understanding of these terms, we’ve put together a small list of definitions.
Price
The FreshMail service is fee-based and the rules of payment along with a list of prices for various services can be found on the Price List.
Documentation
After logging in to the FreshMail system, you will be able to access all files and functions necessary for your work. We call this material “documentation”.
FreshMail
That’s us. We are a limited liability company seated in the United Kingdom at 88 Wood Street, London, EC2V 7RS, registered under Registration Number 09031246, hereinafter referred to as FreshMail or Partners of FRESHMAIL LTD using Whitelabel Service.
Campaign
Sending campaigns is what the FreshMail system does. Campaigns are sending actions conducted by making use of the system. This includes one-off, single campaigns consisting of a single mass sending of email, sms or mms.
Account
It’s yours and yours alone. When you start your work with FreshMail, you will create an individual account, through which you will be able to access the functionality of FreshMail and its resources.
Subscribers
The people you send your message to. These are the people whose email addresses or phone numbers will be imported into the program.
Agreement
By creating an Account in FreshMail, you enter a non-exclusive licensing agreement governed by the conditions set forth in the Terms of Use.
Anti-Spam Policy
We pay careful attention to making sure that the use of the FreshMail system is carried out in accordance with the provisions of applicable law and generally accepted principles of commercial internet activities. To help us meet these standards, we have developed an Anti-Spam Policy that consolidates generally accepted regulations and rules regarding preventing abuse of email campaigns. You can read our Anti-Spam Policy in full here.
Privacy Policy
Protecting your privacy is our highest priority and our Privacy Policy is a collection of all the rules and practices that govern the collection and storage of personal data. You can read our Privacy Policy here.
Program
This is what you import your address database into and what you send your Campaigns from. It is a software program available online at app.freshmail.com, accessible through modern web browsers and operating on the Software as Services model (it does not need to be installed on your computer).
Report
Do you want to know how many Subscribers opened your Campaign? Reports let you see the statistics related to the performance of your Campaign.
Terms of Use
You are reading them now. This is where we define the conditions for using the FreshMail Program.
Service
You use the service to log in to your Account and use the Program. The Service is available at www.freshmail.com.
Spamtrap
This is an address that is intentionally left somewhere on the Internet to identify senders that are not acting in accordance with the law or with good practices of email marketing. The address can be created specifically for this purpose or it can be an already existing address that has been inactive for at least two years. The presence of a Spamtrap address on your Subscriber list suggests a lack of hygiene in your database.
Agreement
By creating an account in FreshMail, you enter a non-exclusive licensing agreement governed by the conditions set forth in the Terms of Use.
User
That’s you. The person who opens an Account and uses FreshMail, in accordance with its Terms of Use and for the purposes of utilizing its functionality in the field of email marketing, is the User.

What is the FreshMail program and on what basis is it used?

      1. FreshMail provides services used in the course of conducting email marketing activities. These services are provided by supplying users with access to the tools and functionalities of the FreshMail Program. By registering on www.freshmail.com, you are entering into an agreement. On the basis of the agreement, FreshMail shares a non-exclusive license with you to use, at one time and from one place, the capabilities of the Program from a single, individual login (email address). The primary user (the person on whose personal information the account was opened) is fully responsible for the proper use of the account and in particular following the rules set forth in the Agreement, Terms of Use and Anti-Spam Policy Primary users do, however, have the option of making their account accessible to others although this does not relieve the primary user of full responsibility for activities on the account. On the basis of the Agreement and subject to the conditions set out in it, you can use the program and use the documentation downloaded from FreshMail.com solely for your own personal use.
      2. The User shall respect applicable copyright and authorship laws regarding FreshMail’s ownership of the Program and the Service provided. This includes, but is not limited to, copying, translating, adapting or otherwise changing anything, in part or in whole, content, coding, functions or anything else related to the operation of FreshMail.
      3. The license granted to you and the associated rights to use the Service, Documentation and Program expire upon the termination or expiration of the Agreement.

Everybody has to do it - registration

      1. In order to use the System, you must first have a valid email address.
      2. To complete the registration and to use the Service and the Program, you must also have the appropriate hardware with a connection to the internet. An internet browser that accepts “cookie” files and activated JavaScript are also necessary.
      3. If you already have an email address and the equipment specified above, you can move on to registration. Without a successful registration you will not have access to any of the functionalities of the System or Program. The registration page is found at www.freshmail.com and asks for your name and valid email address.Furthermore, you will be asked to provide and confirm a password that will help to ensure the security of your account.
      4. During the registration process, you must affirm that you agree that FreshMail will store your personal data for the purposes of completing the User Agreement. You can also indicate that you agree that FreshMail may send direct marketing messages to you as well. We are an internet company, so be sure to consent to receiving electronic messages from us regarding your use of the Service and Program.
      5. Your registration is effective upon sending the information you enter to us.
      6. Your email address is your login to the Program and your initial access to the system is only possible with the email address you provided during the registration process. Your login can then be changed at any time by contacting our customer service department.

What can you import to the program?

      1. When importing personal data into your FreshMail account you may only add email addresses and phone numbers that were voluntarily supplied by their owners and with clear consent to the use of that information for commercial purposes. If you are uploading lists to FreshMail, you must explicitly certify that your lists consist of 100% certifiable opt-in email addresses.
      2. You must be the administrator of the data entered into the Program and you assume responsibility for its proper use in accordance with the rules described here.
      3. As the administrator, you bear full responsibility for importing data into the Program. Should it be necessary, you release FreshMail from all responsibility for data uploaded into the Program. The maximum number of subscriber lists is 100 (one hundred) but this limit can be increased if necessary by contacting our customer service department.

Sending your first campaign?

      1. Both your FreshMail account interface and the Program itself have been designed to be easy to use. FreshMail makes it simple to create your own campaign from start to finish as well as to use ready-made tools and templates. If you have any problems creating your first campaign or if anything is more complicated than you thought, have a look at our step-by-step guide here. Remember that you are responsible for the preparation of the campaign and its content and we supply the tools that make it possible.
      2. You will find results from sent campaigns in Reports. This is where you can see how recipients responded to your message and what actions they took. Analysis of these statistics helps you to make improvements to your next campaign and get even better results. The reports are constantly updated in real time. We record the actions of your recipients for six months after your campaign is sent. All subscriber actions taken after that time period expires are not recorded.
      3. Campaigns sent through a paid account are released only when the account has no outstanding payments. Online payments are processed automatically but can sometimes take longer than expected to be credited to an account.

Payments

    1. Access to some features of the Program is paid. Registration gives you access to a free account which limited functionalities.
    2. Free accounts can be used to store the personal data of a maximum of 500 (five hundred) subscribers. If this limit is exceeded, the System will inform you of the necessity of changing to a paid plan and the possibility that the account can be blocked if payment is not made. The free account will be blocked automatically if more than 600 (six hundred) subscribers are added to the database and any additional subscriber information added after the account is blocked will not be saved. A blocked account can be reopened and fully reactivated after contacting our customer service department here.
    3. If the limitations of a Free Account become insufficient to handle the needs of a Campaign, the User may select an appropriate package from the list of Paid Accounts. Such accounts become active only:I. after payment has been confirmed and invoiced via an online payment gateway, such as PayPal, orII. after adding additional information, such as your name, home address to your account information, per our Anti-Spam Policy
    4. After your plan has expired, you will be able to send campaigns only when your next payment, made by an online payment gateway, has been received and invoiced. If you choose the “prepaid” option or the “no limit” option, the programme will automatically top up your account. Remember that you can also buy a paid package for a period of longer than 30 (thirty) days.
    5. The forms of payment accepted by FreshMail can be found on the price list. FreshMail is not responsible for the proper functioning of internet payment platforms and has no control or influence over the services they provide nor the speed of their delivery.
    6. The transfer of funds to FreshMail is subject to the regulations of the online payment portal chosen by the User. The time needed to execute the payment may vary from one operator to another and it is the responsibility of the User to ensure that payments are made in a timely fashion.
    7. Payments made online are processed on an external site. FreshMail has chosen online payment partners on the basis of their reliability and commitment to the protection of personal data. For answers to any questions or doubts regarding the functioning of such payments, please refer to the Privacy Policy available on those external websites. Please remember, that the information the User gives during the transaction neither are saved nor stored by FreshMail. The history of your payments is made available to you in the “Payment” > “Payments History” tab.
    8. All prices given and amounts paid are subject to applicable taxes. Also, invoices for all payments are available in the payment history each User’s account.
    9. For payment purposes, Users can pay on the basis of -I. per email sentII. unlimited monthly sends
    10. The two payment options available for Paid Accounts work in different ways:the “Pay as you go” option allows the User to pay in advance for various amounts of messages. When the available credit has been used, more credit must be paid for in order to send further campaignsthe “No limit” option involves paying in advance for being able to send unlimited emails to the User’s contact lists. The number of recipients is limited by the amount of the various plans that are offered. This option allows you to send any number of campaigns within a time limit of 30 (thirty) days from the date of the receipt of payment. After the 30 (thirty) day period has expired, further campaigns will be automatically stopped until additional payment is made.
    11. Paid Account plans can be changed at any time. Any outstanding payments must first be received before any change can be made. More information regarding payments can be found at http://freshmail.com/pricing/. Please direct any questions regarding changing payment plans to Client Services, the contact form is available here.
    12. You can choose a plan for any number of subscribers which is available on our Price List
    13. All payments are made to FreshMail electronically, therefore you agree to receive invoices in an electronic form. You may revoke this consent at any time by writing to us from the email address used to establish your account or by traditional mail.
    14. By using our Service and Program you declare that:

    15. You will bear full responsibility for the campaigns sent from your account and their content. The campaigns that you create are solely and exclusively your liability.
    16. You will not use accounts belonging to other Users nor will you allow others to use yours.
    17. You will not sell access to your account or allow others, in any way, to use your account on behalf of third parties. Please remember that you can have more than one FreshMail account. However, if you use multiple accounts in order to evade the regulations of the Terms of Use, Privacy Policy and the Anti-Spam Policy, FreshMail can block your accounts and terminate your Agreement.
    18. You will not use the Account, Service, Programme or Documentation in a way other than that specified in the Agreement.
    19. You will respect and defend FreshMail’s intellectual property and proprietary trade secrets.
    20. You have read, understood and will follow the rules regarding legal obligations, FreshMail’s Privacy Policy, Terms of Use and Anti-Spam Policy.
    21. You will keep confidential any information obtained as a result of the Agreement that is not already made public by FreshMail.
    22. You will inform FreshMail of any change in your email contact address within 7 (seven) days of the change. Your contact email address is the address given during the registration process and it is sufficient to update your contact address in the Settings in your account. Remember that changing your contact address is not the same as changing your login address. If you want to change your login address, contact our customer service department here.
    23. You will assist us in resolving complaints made by the recipients of your campaigns.
    24. You have voluntarily chosen to use the Program and the Service.
    25. The information you provided during the registration process is true and accurate.
    26. Information you import to the program is consistent with FreshMail’s Anti-Spam Policy and does not violate the rights of any third parties.
    27. FreshMail agrees to:

    28. Maintain the privacy of the data imported into the Program.
    29. Inform you of any actual or alleged breach of your confidential business information or violations of generally applicable law that occur or may have occurred during the execution of the Agreement.
    30. Provide, if you give consent, notifications of changes and improvement to the Service or the Program. In order to receive these notifications, you must agree to receive commercial information via email (as described in Point 8 of the Terms of Use).
    31. Privacy Policy - storing confidential information

    32. Maintaining the highest standards of protecting the privacy of personal information is a team effort. Together with our Users, FreshMail is responsible for ensuring that information stored with us is kept strictly confidential. Starting an Agreement with FreshMail obligates the User to respect and preserve the security of all information that is exchanged during the course of the Agreement. An expanded and more detailed description of FreshMail’s Privacy Policy can be found here.
    33. Compliance with FreshMail’s Privacy Policy does not free you from other legal obligations pertaining to the safekeeping and protection of personal data. Users are also subject to any regulations that may be applicable in their jurisdiction.
    34. You can give us or email us a written consent to use fragments or the whole of your campaign as well as its statistics as a case study at business meetings, conferences as well as business and science publications. Please remember that we take “no” for an answer.
    35. FreshMail is constantly working to improve the effectiveness of campaigns sent through our System. Therefore, for the purposes of statistical surveys, the User agrees that FreshMail may use statistical data from campaigns sent from the System, in particular, their:
      • quantity
      • frequency
      • effectiveness

      Furthermore, the User agrees that FreshMail can publish the results of these studies for use in professional meetings, conferences, trade publications and research. We guarantee that the use of this data is made in such a way as to make identification of its source impossible.

    36. Safeguarding the processing of confidential information

    37. By entering into the Agreement and by entering data into the Program, the User entrusts FreshMail to process personal data related to the implementation and execution of Campaigns. Your database may contain personal information.
    38. Upon termination of the agreement, FreshMail allows the User to download data entered into the Program for a period of 30 (thirty) days afterward. After this time period has expired, the data can be deleted.
    39. FreshMail’s processing of personal data is a commercial activity undertaken in exchange for payment.
    40. Blocked accounts

    41. FreshMail may temporarily block a User’s account under various circumstances, including, but not limited to, the following:I. When a User has not logged in to an account for a period of more than 30 (thirty) days. The account can be unblocked if the User sends an email to FreshMail from the address used to register the account, asking that the block be lifted.When a User violates the Terms of Use, the Privacy Policy or Anti-Spam Policy. In this case, the block may be lifted after an explanation from the User regarding the violation. FreshMail may choose to leave the block in place regardless of the explanation given. If FreshMail determines that the violations were the result of intentional misuse of the Program, the User forfeits the right to obtain a refund of any monies paid.When a User violates generally applicable legal regulations. In this case, the block may be lifted after an explanation from the User regarding his activities. FreshMail may choose to leave the block in place regardless of the explanation given. If FreshMail determines that the violations were the result of intentional misuse of the Program, the User forfeits the right to obtain a refund of any monies paid.When a User fails to make a payment within 30 (thirty) days of its due date.
    42. FreshMail reserves the right to suspend the account of any client who engages in or is suspected to have engaged in activities in violation of the Terms of Use or the Anti-Spam Policy.
    43. If your account is suspended due to a violation of FreshMail's Anti-Spam policy, our Terms of use dictate that you shall forfeit any monies paid or credits earned and no refund will be made to you.
    44. Termination of the Agreement

    45. The User may terminate the Agreement at any time by sending FreshMail a letter or email declaring the User’s desire to do so. The termination takes effect at the end of the calendar month following the date of the notification of intent to terminate the Agreement.
    46. FreshMail may also terminate the Agreement with the User at any time by letter or email. The termination is effective at the end of the calendar month following the date of the notification of intent to terminate the Agreement.
    47. FreshMail may also terminate the Agreement with immediate effect in cases including, but not limited to a User -I. violating the Privacy Policy, Anti-Spam Policy or Terms of UseII. violating generally applicable lawIII. failing to make payments outstanding for more than 60 (sixty) daysIV. cancelling consent given to FreshMail to process personal information
    48. Changes to the system

    49. FreshMail may, at any time and without notice -introduce new fees for new services provided in the Service or Program. Such fees will not have any effect on the ability to send campaigns.change the Terms of Use, the Anti-Spam Policy or fees charged for services.
    50. Users will be notified of changes at least 30 (thirty) days ahead of time at the email address used during the registration process.
    51. All changes come into effect on the date indicated in the message sent to notify Users of the change.
    52. FreshMail’s limited liability

    53. The Program is a tool that is made available to the User. By utilizing the Program, the User agrees that -FreshMail is not responsible for any damages, including lost profits, loss of data or information as a result of the failure of Subscribers to receive campaigns, the delayed sending of campaigns or campaigns delivered to other subscribers as well as any interruption of services;FreshMail is not responsible for the consequences of the improper use of the Program irrespective of the way it is used.
    54. Processing personal data

    55. FreshMail is committed to maintaining the highest standards regarding the protection of private personal data
    56. During the registration process, FreshMail may ask the Users to provide their name and email address. At a later stage during the Agreement, FreshMail may ask for additional necessary details in accordance with our Anti-Spam Policy. All such information is provided voluntarily by the User and a failure or refusal to provide it can result in limited access to certain parts of the Program.
    57. Your personal data is processed solely for the purposes of executing the Agreement. Additionally, with your consent, personal data is also used for the electronic provision of services related to the Program and other marketing services, known as direct marketing, containing commercial information for our business partners.
    58. The User may contact FreshMail at any time to request information regarding the use of the User’s personal data. The User has the right to inspect the contents of the personal data held by FreshMail regarding the User and this information may be updated or corrected. Users also have the right to demand that personal information no longer be processed.
    59. The User may, at any time, revoke the consent for processing of the User’s personal data. Users should be aware that doing so results in an inability to use the functionalities of the Program and may provide the basis for the termination of the Agreement by FreshMail with immediate effect.
    60. The User may, at any time, demand that all or part of the User’s personal data be deleted from the FreshMail System. Users should be aware that doing so results in an inability to use the functionalities of the Program and may provide the basis for the termination of the Agreement by FreshMail with immediate effect. FreshMail may refuse to remove a User’s personal information in cases in which the User violated the Terms of Use, Anti-Spam Policy, Privacy Policy or the provisions of applicable law and the information is needed to establish the nature of the infringements and the determination of the User’s liability.
    61. FreshMail follows the highest standards and best practices of personal data protection and fulfills all applicable legal requirements regarding its safekeeping.
    62. The full text of FreshMail’s Privacy Policy can be read here.
    63. Additional information

    64. FreshMail is constantly striving to improve the quality and effectiveness of the System and Program. FreshMail may, at any time, introduce updated and expanded versions of one or the other or both.
    65. FreshMail’s correspondence with Users is sent to the email address and correspondence address given during the registration process.
    66. Issues not addressed in the Terms of Use are subject to the provisions of applicable law.
    67. Legal disputes will be resolved in the court district of FreshMail’s jurisdiction.
    68. These Terms of Use are effective from March 9, 2015.