CitrusPost Terms and Conditions
CitrusPost provides a variety of tools and resources to collect
visitor email addresses and to create, launch, and manage online
email campaigns. This service may not be used for the sending of
unsolicited email (sometimes called "spam"). See our Anti-Spam
The following are the terms and conditions for use of the Services.
By clicking the ' I accept these terms and conditions '
button on the sign-up page or by logging in to CitrusPost, you accept
these terms and conditions.
1. Acknowledgements. Subject in each case
to the terms listed in the remainder of this Agreement, you hereby
acknowledge and agree that:
- CitrusPost may not be used for the sending of unsolicited email
(sometimes called "spam").
- CitrusPost may only be used for lawful purposes.
- Your use of the Service is subject to the Prohibited Content
and Commerce Statement.
- The Services will be subject to monthly subscription fees ("Paid
Services") once you have completed your free trial period or have
exceeded the free subscriber limit.
- CitrusPost will not use your customer list/subscriber list or
any other customer information for any other purposes than those
intended with the Service.
- You agree you will not access or otherwise use third party mailing
lists in connection with preparing or distributing unsolicited
- You agree to import, access or otherwise use only permission-based
lists (note: purchased lists may not be used) in connection with
your use of the Services.
- Every email message sent in connection with the Services must
contain the CitrusPost "unsubscribe" link that allows subscribers
to remove themselves from your mailing list.
- You agree to process unsubscribe requests within a 10 day timeframe
2. Services and Support
2.1 The Services are provided subject to this Agreement, as it
may be amended by CitrusPost, and any guidelines, rules or operating
policies that CitrusPost may establish and post from time to time,
as linked from all email generated from CitrusPost or otherwise
furnished to you (the "Policy") (unless otherwise stated, all references
to the Agreement shall include the Policy). By posting updated versions
of the Agreement on the CitrusPost.com website, or otherwise providing
notice to you, CitrusPost may modify the terms of the Agreement
and may discontinue or revise any or all other aspects of the Services
in its sole discretion. All such changes shall become effective
upon posting of the revised Agreement on the Service or at CitrusPost's
2.2 The Services are available only to persons who can form legally
binding contracts under applicable law. Without limiting the foregoing,
the Services are not available to individuals under the age of 18.
If you do not qualify, you are not permitted to use the Services.
2.3 You must complete the registration form on the Sign Up page
in order to use the Services. You will provide true, accurate, current,
and complete information about yourself as requested in the registration
form. You are responsible for maintaining the security of your account,
passwords, and files.
3. Free Trial, Fees and Payment
3.1 Once you have completed your free trial period or have exceeded
the free subscriber limit, you will be subject to monthly subscription
fees. You will be required to submit payment for Services (unless
you have already provided payment or means of payment, such as credit
card information) and may purchase, in advance, a monthly subscription
for Paid Services. Access to the Services will be disabled until
payment is received.
3.2 Fees will be billed monthly or your pre-paid account will be
debited monthly for Services. The Fees are based on the highest
number of subscribers in your account at any time during the previous
month. If selected by you, you will also be billed for premium image
hosting services. You are responsible for reviewing the Fee Schedule
from time to time and remaining aware of the Fees charged by CitrusPost.
The Fee Schedule, including subscriber levels and prices, is subject
to change at any time in CitrusPost's discretion. CitrusPost will
attempt to notify you via email prior to the effectiveness of any
change to the Fee Schedule.
3.3 Payment for Services will be made by a valid credit card accepted
by CitrusPost. Fees are payable in US dollars. If the monthly payment
option is selected or if you have previously provided your credit
card for payment, you hereby authorize CitrusPost to charge your
credit card for such amounts on a regular monthly basis beginning
at the end of your free trial period. If CitrusPost is for any reason
unable to effect automatic payment via your credit card, CitrusPost
will attempt to notify you via email and your CitrusPost account
will be disabled until payment is received. Amounts paid for the
Services are not refundable.
3.4 You acknowledge and agree that you are responsible for paying
Fees for all email messages sent through CitrusPost, regardless
of whether delivery of such messages to their intended recipients
is prevented or blocked by any third party.
4. Email, Image Hosting & Permission Practices
4.1 Every email message sent in connection with the Services must
contain an "unsubscribe" link that allows subscribers to remove
themselves from your mailing list and a link to the then current
a period of thirty (30) days after the date on which you send the
message, and must be in form and substance satisfactory to CitrusPost.
You acknowledge and agree that you will not remove, disable or attempt
to remove or disable either link.
4.2 You agree to import, access or otherwise use only permission-based
lists (note: purchased lists may not be used; please contact CitrusPost
if you have questions).
4.3 If you have used the CitrusPost feature that allows you to
request a recipient to confirm that you have his or her permission
to send emails to him or her, and such recipient has not responded
or does not respond affirmatively to such request for confirmation,
you agree that you shall not send emails to that recipient.
4.4 You cannot mail to distribution lists, newsgroups, or spam
email addresses. You cannot copy a CitrusPost template or any other
features or functionality from the Services and use them for any
purpose other than sending emails from the Service.
4.5 You are responsible for monitoring, correcting, processing
unsubscribe requests within 10 days, and updating the email addresses
to which messages are sent through your CitrusPost account.
4.6 Emails that you send through the Service may generate abuse
complaints from recipients. As a matter of privacy, CitrusPost cannot
share with you the email addresses of those who complain about your
email campaign. You are responsible for ensuring that your email
campaigns do not generate a number of abuse complaints in excess
of industry norms. CitrusPost, in its sole discretion, shall determine
whether your level of abuse complaints is within industry norms,
and its determination shall be final, binding and conclusive for
all purposes under this Agreement.
4.7 Images hosted by CitrusPost may only be used in connection
with the Service and for no other purpose whatsoever.
4.8 You are responsible for complying at all times with the CitrusPost
Prohibited Content and Commerce Policy.
4.9 CitrusPost, at its own discretion, may immediately disable
your access without refund to the Services if CitrusPost believes
in its sole discretion that you have violated any of the email and
permission practices listed above, or the CitrusPost Prohibited
Content and Commerce Policy.
5. Restrictions and Responsibilities
5.1 CitrusPost will not use your customer list or any other customer
information for any other purposes than those intended with the
service. Your customer information will not be shared with any other
parties unless required by law.
5.2 This is an Agreement for Services, and you are not granted
a license to any software by this Agreement. You will not, directly
or indirectly: reverse engineer, decompile, disassemble, or otherwise
attempt to discover the source code, object code, or underlying
structure, ideas, or algorithms of, or found at or through the Services
or any software, documentation, or data related to the Services
("Software"); remove any proprietary notices or labels from the
Services or any Software, modify, translate, or create derivative
works based on the Services or any Software; or copy, distribute,
pledge, assign, or otherwise transfer or encumber rights to the
Services or any Software.
Unless you are an authorized CitrusPost Reseller, you may not display,
copy, reproduce, or distribute the Software, any component thereof,
any documentation provided in connection with the Services or the
Software, or any content, including but not limited to newsletters,
distributed to you by CitrusPost in connection with the Services.
Violation of these restrictions may result in the termination of
5.3 The Services shall be used for your internal business (which
includes civic or charitable) purposes only, and you shall not use
the Services or any Software for timesharing or service-bureau purposes
or otherwise for the benefit of a third party. If you are using
the Services in any country in the European Community, the prohibition
against modifying, translating, reverse engineering, decompiling,
disassembling or creating derivative works based on the Services
or the Software does not affect your rights under any legislation
implementing the E.C. Council Directive on the Legal Protection
of Computer Programs.
5.4 You acknowledge and agree that the Services and the CitrusPost
company names and logos and all related product and service names,
design marks and slogans, are the property of CitrusPost or its
affiliates or suppliers (collectively, the "Marks"). You are not
authorized to use any of the Marks in any advertising, publicity
or any other commercial manner without the prior written consent
of CitrusPost. Your use of the Services confers no title or ownership
in the Services, the Software or the Marks and is not a sale of
any rights in the Services, the Software or the Marks.
5.5 You represent, covenant, and warrant that you will use the
Services only in compliance with the Agreement, the federal CAN-SPAM
Act of 2003 and all other applicable laws (including but not
limited to policies and laws related to spamming, privacy, obscenity,
or defamation and child protective email address registry laws).
You agree you will not access or otherwise use third-party mailing
lists in connection with preparing or distributing unsolicited email
to any third party. You hereby agree to indemnify and hold harmless
CitrusPost and its business partners, third-party suppliers and
providers, licensors, officers, directors, employees, distributors
and agents against any damages, losses, liabilities, settlements,
and expenses (including without limitation costs and reasonable
attorneys' fees) in connection with any claim or action that arises
from an alleged violation of the foregoing or otherwise arising
from or relating to your use of the Services. In addition, you acknowledge
and agree that CitrusPost has the right to seek damages when you
use the Services for unlawful purposes, in an unlawful manner, and/or
in a manner inconsistent with the terms of this Agreement, and that
such damages may include, without limitation, direct, indirect,
special, incidental, cover, reliance and/or consequential damages.
Although CitrusPost has no obligation to monitor the content provided
by you or your use of the Services, CitrusPost may do so and may
remove any such content or prohibit any use of the Services it believes
may be (or is alleged to be) in violation of the foregoing.
5.6 The Services may only be used for lawful purposes. Transmission
or solicitation of any material that violates United States federal,
state or other laws that may apply in this jurisdiction or your
local area is prohibited. Furthermore, the Services must not be
used for purposes outlined in CitrusPost's Prohibited Content and
Commerce Statement, the terms of which are incorporated into this
Agreement by reference.
5.7 For every email message sent in connection with the Services,
you acknowledge and agree that the Services may automatically add
an identifying footer stating "Powered by CitrusPost" or a similar
message. You agree to cooperate with and provide reasonable assistance
to CitrusPost in promoting and advertising the Services.
5.8 In using the varied features of the Services, you may provide
information (such as name, contact information, or other registration
information) to CitrusPost. CitrusPost may use this information
and any technical information about your use of the Services to
tailor its presentations to you, facilitate your movement through
the Service, or communicate separately with you. If you licensed
the Services as a result of solicitation by a Marketing Partner
of CitrusPost, CitrusPost may share your information with the Marketing
Partner and the Marketing Partner may share information with CitrusPost.
CitrusPost will not provide information to companies you have not
authorized for that purpose unless required by law or if you are
terminated from CitrusPost due to unsolicited commercial email being
sent from your CitrusPost account.
5.9 If you receive special discounts through a Marketing Partner,
those discounts may not be available if you cease to continue to
be a customer of the Marketing Partner, in which case CitrusPost's
standard rates will apply. The Marketing Partner may notify CitrusPost
of any change in your status.
6.1 You may terminate this Agreement at any time by calling CitrusPost
Customer Support. There are no refunds for any fees paid.
6.2 CitrusPost may terminate this Agreement or the Services, disable
your account or put your account on inactive status, in each case
at any time with or without cause, and with or without notice. CitrusPost
shall have no liability to you or any third party because of such
termination or action.
6.3 CitrusPost will delete any of your archived data within 30
days after the date of termination. After termination, you are required
to process all unsubscribe requests within 30 days of your last
email campaign. CitrusPost will provide upon request the list of
unsubscribe requests from your last campaign. All sections of this
Agreement that by their nature should survive termination will survive
termination, including, without limitation, ownership, warranty
disclaimers and limitations of liability.
6.4 If your account is classified (at CitrusPost's sole discretion)
as inactive for over 120 days, CitrusPost has the right to permanently
remove your subscriber data. CitrusPost will attempt to contact
you via email prior to taking any permanent removal actions.
7. Warranty Disclaimer; Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES,
INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE,
IS AT YOUR SOLE RISK. CitrusPost DOES NOT WARRANT THAT THE SERVICES
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.
THE SERVICES ARE PROVIDED "AS IS" AND CitrusPost DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance
of the Services shall be for CitrusPost to use commercially reasonable
efforts to adjust or repair the Services.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES
AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL CitrusPost
OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION
PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES,
DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF
THIS SECTION AS "CitrusPost") BE LIABLE TO YOU OR ANY OTHER PERSON
FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF CitrusPost SHALL
HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE
FOREGOING, CitrusPost IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY
CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE),
THE LIABILITY OF CitrusPost TO YOU WILL BE LIMITED TO THE AMOUNT
YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION
AND EXCLUSION MAY NOT APPLY TO YOU.
9. Export of Services or Technical Data
You may not remove or export from the United States or allow the
export or re-export of the Services, or any direct product thereof,
including technical data, in violation of any restrictions, laws,
or regulations of the United States or any other applicable country.
10.1 If any provision of the Agreement is found to be unenforceable
or invalid, that provision will be limited or eliminated to the
minimum extent necessary so that this Agreement will otherwise remain
in full force and effect and enforceable.
10.2 CitrusPost and you agree that the Agreement is the complete
and exclusive statement of the mutual understanding of the parties
and supersedes and cancels all previous written and oral agreements,
communications, and other understandings relating to the subject
matter of the Agreement, and that all waivers and modifications
must be in a writing signed by both parties, except as otherwise
provided herein. No delay or omission by either party in exercising
any right or remedy under this Agreement or existing at law or equity
shall be considered a waiver of such right or remedy.
10.3 No agency, partnership, joint venture, or employment is created
as a result of the Agreement, and you do not have any authority
of any kind to bind CitrusPost in any respect whatsoever.
10.4 In any action or proceeding to enforce rights under the Agreement,
the prevailing party will be entitled to recover its costs and attorneys'
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