All accounts are bound by this Terms of Service with jMailerPro when you subscribe.
1) Setup Fees including, but not limited to, additional programming are nonrefundable.
2) All fees are due in advance of the services provided. Failure to pay in advance may result in termination or suspension of services without notice.
3) If you cancel your service you will be refunded the prepaid fees for any unused month, once those services are no longer being provided, not including set up fees, if you have a contract, the terms of the contract apply. If you cancel your
service, but fail to transfer your site(s) to another provider and continue to utilize our hosting network you will be billed until such time that you are no longer utilizing our services. If you wish services to cease immediately, you must
request that our services be discontinued immediately. Within the first 30 days of your subscription, a pro-rated refund is offered at the daily cost on the balance of the month not used. The setup fee of $50 is NON-REFUNDABLE After the
first 30 days, a 10 day cancellation notice is required to ensure billing is cancelled before the anniversary date of the subscription payment.
4) Money Back Guarantee - We offer a limited Money Back Guarantee to all new clients. The purpose of this guarantee to allow clients to experience our services and determine that they meet or exceed industry standards. To this end, if we have
not met industry standards for service performance and reliability during the first 30 days of a new hosting account being online and the client requests a refund by e-mailing supportjmailerpro.com, We will refund the pro-rated difference
of the client's hosting fees for the month. A month is defined as a 30 day period. For example if a customer cancels on the third day of service they would receive a 27 day pro-rated refund, or 90% of their payment. This refund will NOT
include any setup fees or hourly support fees paid to us. All refunds must be requested by contacting supportjmailerpro.com. In all other circumstances monies paid to jMailerPro are final and non-refundable.
4a. Money Back Guarantee only applies to the first purchase for an individual, group or account.
4b. Pre-payments for 3, 6 and 12 months are NOT refundable.
4c. Refunds will only be sent to the payment method that originally made the purchase.
4d. The setup fee of $50 is NON-REFUNDABLE.
4e. List Hygiene Credits are NON-REFUNDABLE.
5) The use of any data or material, which Customer receives from the service provided by jMailerPro, is at Customer's sole and absolute risk. jMailerPro specifically disclaims and denies any responsibility for the completeness, or accuracy
of quality of any and all information obtained through the services to be provided hereby.
6) We will utilize our best efforts to maintain acceptable performance of services, but jMailerPro makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. We
cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. We will not be liable for the inadvertent disclosure of, or corruption or erasure of, date
transmitted or received or stored on its system. jMailerPro shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages
of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused
by the fault or negligence of jMailerPro.
7) Customer agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney's fees, ('Liabilities') against jMailerPro, its agents, its customers, servants,
officers, employees, that may arise or result from any services provided, performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless jMailerPro
against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with jMailerPro's server; and material supplied by Customer infringing or allegedly infringing on the proprietary
rights of a third party; copyright infringement and any defective product which Customer sold on jMailerPro's Server. As a result of this, Customer agrees that jMailerPro shall not be liable to Customer for any claims of actual, compensatory
and/or consequential damages which may be suffered by Customer, including, but not limited to, losses or damages due to the loss data resulting from delays, non deliveries, or service interruptions caused by the fault or negligence of jMailerPro.
Notwithstanding the above mentioned, Customer's exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement.
8) This section defines the network and host server Service Level Agreement (SLA). To Customers in good financial standing with jMailerPro we guarantee that our network is available 99.9% and their host server is available 99.5% of the time
in a given month, excluding scheduled maintenance. The network is defined as core network infrastructure excluding the hardware, services and software running on your server. The server is defined as the host hardware that houses the account.
Downtime is measured from the moment the Customer notifies a jMailerPro support representative of a failure to the time the Network or Server responds to an external "ping" request. Notification of network failure must occur at the time
of the outage and not after the fact.
8a. If network downtime exceeds .1% in a given month, the Customer will be credited 1% of their monthly hosting fee and an additional 1% for each additional 2 hours of downtime up to 50% of the Customer 's monthly hosting fee.
8b. If server downtime exceeds .5% in a given month, the Customer will be credited 5% of their monthly hosting fee and an additional 5% for each additional 2 hours of downtime up to 50% of the Customer 's monthly hosting fee.
8c. Credits shall not be provided to the Customer if network or server downtime is the result of: a) scheduled maintenance b) circumstances beyond jMailerPro's reasonable control, including, but not limited to: dDOS or other network attacks,
upstream or 3rd party network outages, war, fire, flood, sabotage, labor disturbance, acts of government, acts of god or c) breaking this Agreement or jMailerPro's Acceptable Use Policy.
9) The Customer may only use jMailerPro's services for lawful purposes. In the event that at any given time, jMailerPro believes that the service is being used by the Customer in contravention with any of the terms and provisions contained
in this Agreement, jMailerPro has the right to immediately discontinue such service to Customer without liability other than to refund any unearned prepaid service fees. The following are restrictive uses and shall be cause for the immediate
termination of web services and this Agreement without notice to the Customer:
9a. Unauthorized distribution or copying copyrighted software, violation of US export restrictions, embarrassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities; Offering for sale or soliciting e-mail
lists for the purposes of bulk e-mail.
9b. Unsolicited advertising via email and/or 'Spamming' is a violation of this agreement. Such prohibited conduct subjects Customer to immediate cessation of service as provided herein and the termination of this agreement without notice.
jMailerPro reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.
9c. Using a non-existing email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal
user), trolling (posting outrageous messages to generate numerous responses, mail-bombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's
permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system. jMailerPro reserves the right to determine what is Net abuse.
9d. Tortuous conduct such as posting of defamatory, libellous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual
9e. The Customer expressly understands and agrees that illegal Adult oriented Websites are expressly prohibited. jMailerPro reserves the right to immediately terminate and remove any such unauthorized Websites without notice and discontinue
service to Customer without notice or liability for actual, compensatory or consequential damages to Customer for the interruption in service.
9f. IRC is specifically prohibited.
9g. Proxies are specifically prohibited.
9h. Torrents are specifically prohibited.
10) Cancellation requests must be submitted via email or the secure ticket system to the jMailerPro Sales Team, or scheduled via the provided control panel where applicable. jMailerPro will not process any cancellation requests sent from non-authorized
contacts. All cancellation requests submitted via email that cannot be scheduled from a control panel will be responded to with a Confirmation Request. No cancellations will be processed until the request is confirmed as per the instructions
provided by jMailerPro in the Confirmation Request Email. jMailerPro will not accept cancellation requests via phone, Live Chat, fax or standard mail.
11) Your Distribution List can be created in a number of ways, including by importing contacts, such as through csv or from your website using a form, or simply added 1 at the time. Your Distribution Lists are stored on a secure jMailerPro
server. We do not, under any circumstances, sell or use your Distribution Lists. If someone on your Distribution List complains or contacts us, we might then contact that person. Only authorized employees have access to view Distribution
Lists. You may export (download) your Distribution Lists from jMailerPro at any time.
jMailerPro will not be responsible for any damages your business may suffer.
jMailerPro makes no warranties of any kind, expressed or implied for services we provide.
jMailerPro disclaims any warranty or merchantability or fitness for a particular purpose.
The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by jMailerPro and its employees.
The services provided by jMailerPro are provided AS-IS and without any warranty expressed or implied. jMailerPro reserves the right to revise its policies at any time.