This user agreement outlines the usage terms while using Zitume Email Marketing ("Zitume EMS") service.
2. Access and Services
Your access to the various services available on Zitume EMS depends on the level of access you select. You may change or discontinue your account at any time. We reserve the right to modify, suspend or terminate access to Zitume EMS at any time for any reason without notice or refund, including the right to require you to change your login identification code or password. We also reserve the right to delete all program and data files associated with your account and/or other information you have on our system.
3. Fees and Payment
We will charge you a standard annual fee for using Zitume EMS as well as additional fees depending on the type of service you have selected. You should review the complete and current price list before signing up for any services. You can cancel your account at any time, but you will remain liable for all charges accrued up to that time you discontinued the service. We reserve the right to change our fees at any time for any reason, but, whenever possible, we will give you at least one month’s advance notice of such change. We will not change current subscriptions.
4. System Rules
You agree to be bound by certain rules which are important for the proper use of Zitume EMS. Your failure to follow these rules, whether listed below in the contract or in bulletins posted at various points in the system, may result in termination of your service. First, do not tell others your password or let your account be used by any-one except yourself. Second, do not attempt to log in more than once at the same time on any given account without specific permission of a Zitume EMS system operator. Third, while you should feel free to express yourself, you should respect other users of the system and not do anything to attack or injure others. Fourth, do not use our system to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers.
You must be able to directly verify when and where each contact subscribed. Purchased / paid subscriber lists are not allowed and would result in immediate cancellation of your account (with no refund) You must ensure that all people you send to are fully “opt-in”, have consented to receive e-mails from you and are therefore specifically acknowledged that you may be sending them e-mail. All FROM, REPLY TO, RETURN PATH, and SENDER email addresses must be valid. Complaints related to SPAM are seen in direct violation of these terms and conditions and may lead to the immediate suspension of your service and possible closure of your account. Violation of the terms and condition disqualifies your account from any refund.
5. Privacy Considerations
Your communications on Zitume EMS are, in most cases, viewed only by you and anyone to whom you address your message. However, as system operators, we may need to review or monitor your electronic mail and other communications from time to time.
6. Proprietary Rights
By posting messages, uploading files, inputting data, or engaging in any form of communication on our system, you are hereby granting to the public an unrestricted license to use, copy, modify, adapt or document in any form any communications, information or any underlying work in which you may possess proprietary rights, including but not limited to copyright rights. All users of Zitume EMS are therefore deemed to have disclaimed or waived all copyright ownership rights in their messages or files, even if they contain copyright notices. You shall have absolutely no recourse against us as the system provider for any alleged or actual infringement of any proprietary rights to which you may claim ownership.
Your use of Zitume EMS affords you access to many of the features of our system, but some aspects of our system remain within our exclusive proprietary control. We own the intellectual property rights to any and all protectable components of our system, including but not limited to the computer software, the related documentation, the “look and feel,” the end-user interfaces, the name of our system, many of the individual features, and the collective works consisting of sequences of all public messages on our system. You may not reproduce any sequence of messages from our system, either electronically or in print, without our permission. In addition, you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system which we or our suppliers own.
7. Limitation of Liability
YOU MUST BEAR THE RISK OF ANY LIABILITY RELATING TO YOUR USE OF ZITUME EMAIL MARKETING SERVICE. YOUR USE OF ZITUME EMAIL MARKETING SERVICE IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH ZITUME EMS, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys fees), relating to any acts by you or materials or information transmitted by you in connection with Zitume EMS, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.
9. Disclaimers of Warranty
OUR SERVICE IS PROVIDED “AS IS” AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.
10. Choice of Law
You agree that this Agreement shall for all purposes be governed by and construed in accordance with the laws of Kenya, and that any action arising out of this Agreement shall be litigated and enforced under the laws of Kenya. In addition, you agree to submit to the jurisdiction of the courts of Kenya, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of Kenya.
This Agreement represents the entire understanding between you and us regarding your relationship to Online and supersedes any prior statements or representations. By subscribing to Zitume EMS solutions you are bound to this agreement.
12. Refund Policy
We do not issue any refunds. If your account is terminated for any violation of usage you will not receive any refund.
Zitume EMS support will cover common software related issues such as: Feature questions, basic setup questions, and software errors. Support is web based plus phone where applicable. Contact firstname.lastname@example.org for more information. We do not allow any abuse from clients to our support represenatives in any way. If a situation occurs you will be given a reminder and then if the issue continues ticket options will be removed from your account.