Knowledgebase: SMTP Relay
DNN4Less SMTP RELAY - Service Agreement
Posted by Sean Syed on 18 February 2013 07:34 PM

PLEASE READ CAREFULLY: BY USING DNN4Less SMTP RELAY SERVICES, THE CLIENT AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. 

Agreement to Provide Service

For purposes of this Agreement the term "Services" means interactive computer services based on the Microsoft Platform and other services (as operated by DNN4Less) including without limitation (i) the distribution of third party software to Client and (ii) the storage of Client's data and information and the transmission to Client of Client's data and information used by such software applications (the "Client Information"). DNN4Less agrees to use commercially reasonable efforts to provide the Services to Client. Client agrees that it is responsible for software products necessary to transmit Client Information to DNN4Less. Client represents and warrants to DNN4Less that it will use any software provided by DNN4Less consistent with the terms of the software license agreement supplied with the product.


No Long Term Contracts

Excluding customers who have signed a set period contract, you may cancel your service at any time by contacting us via mail or eMail. All correspondence must include your first & last name, phone number or eMail address and Customer ID. 



DNN4Less may terminate this Agreement or the Services for any customer at any time with or without cause, and with or without notice. Upon termination by DNN4Less for reason other than violation of the Anti-Spam policy, DNN4Less will provide the customer with a proportionate refund of the advance monthly payments which DNN4Less has received for the then-current month following the date of termination. DNN4Less does not provide partial month refunds for the then-current month. Except for such refund, DNN4Less shall have no liability to you or any third party because of such termination. If DNN4Less terminates this agreement because you violated the Anti-Spam policy, no refund will be issued.

 

DNN4Less may delete any of your archived data immediately after account termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

 

Satisfaction Guarantee

We offer a 99.999% Uptime Guarantee!

If for any reason, you are not completely satisfied with our service, we will give you a full refund within two week of signing up and before sending/receiving a total of 1,000 messages.

  • Once you have passed your two week period (14 days) or have successfully sent or received a total of 1,000 messages (whichever is sooner) no refund will be granted
  • This guarantee only covers newly created accounts (not renewal or upgrades)
  • If your account is terminated or disabled due to non-compliance with our Anti-Spam policy, no refund will be granted

Payment Terms

Client agrees to pay DNN4Less's then-current prices and fees for the Services provided by DNN4Less during the applicable billing period in US dollars (US$). Client hereby authorizes DNN4Less to charge Client's credit card for the amounts due, if that is the method of payment preferred by the Client. DNN4Less may change its prices and fees from time to time. Client acknowledges that some amounts due DNN4Less will be billed monthly and other amounts will be billed on an alternative schedule. Client further acknowledges that it is responsible for all amounts and charges, including applicable taxes and purchases made by Client or an Authorized User. An Authorized User is a person authorized and designated by Client to receive or request Services. Client agrees to notify DNN4Less immediately of any billing problems or discrepancies within 30 days. If Client does not provide such notice to DNN4Less during such 30-day period, Client agrees that it waives its right to dispute such problems or discrepancies. Additionally, if any charges are being collected by DNN4Less for the benefit of Client from a supplier or service provider, then Client agrees to pay DNN4Less for all such charges and agrees that DNN4Less may charge such charges to Client's credit card, if applicable. Client acknowledges that it is responsible for paying all charges (including without limitation telephone charges), applicable taxes and other fees charged to Client by third parties in connection with the provision of the Services.

 

Overage Billing

"Overage" is defined as usage of the services provided by DNN4Less to you in excess of the allocated limitation. Overages are charged for services and professional fees (administrative time) used in excess of the amount allocated to your account. 

You agree to pay the then-current overage fees and charges for the
DNN4Less services, including overage fees, upon receipt of an invoice.
Overage charges are billed at 150% of your current rate in blocks of 1,000 recipients. 

Overage fees can be avoided by subscribing to a higher service plan.

 

Finance Charges and Collections

Payments are due (5) days after presentation of invoice. Should payment in full of any invoice (aside from such shortfalls) not be received by DNN4Less within five (5) days after presentation, DNN4Less will impose a debt service charge amounting to one and a half percent (1.5%) of the overdue balance for each month or fraction thereof the overdue amount remains unpaid (18% APR). 

Failure to pay because service has been cancelled or suspended in no way relieves the Customer's obligations to make full payment. Finance charges will continue to accrue. 

If your account becomes past due, we may use a collection agency to recover the amount due. You will be responsible for all collection costs and attorney fees associated with your account.

 

No Warranty

DNN4Less MAKES NO WARRANTY REGARDING THE PRODUCTS IT PROVIDES TO CLIENT AND ALL SUCH PRODUCTS ARE PROVIDED BY DNN4Less "AS IS." PRODUCTS MAY BE WARRANTED BY THE MANUFACTURER OF THE PRODUCTS AS INDICATED IN THE MANUFACTURE'S LICENSE AGREEMENT. ALL WARRANTY CLAIMS MUST BE MADE TO THE MANUFACTURER AND NOT TO DNN4Less. DNN4Less DOES NOT WARRANT THAT THE SERVICES PROVIDED TO CLIENT WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES DNN4Less MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICES. THE SERVICES ARE PERFORMED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DNN4Less HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

Limitation of Liability

DNN4Less SHALL NOT BE LIABLE TO CLIENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF DATA, INFORMATION OR PROFITS) ARISING OUT OF USE OF THE SERVICES OR PRODUCTS OR INABILITY TO USE THE SERVICES OR PRODUCTS, REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY, WHETHER IN CONTRACT, TORT, BREACH OF ANY WARRANTY OR OTHER FORM OF ACTION OR LEGAL THEORY.

 

Intellectual Property

All content on this site is protected by United States copyright law, and may not be copied in whole or in part without the express written permission of DNN4Less, which reserves all rights. The reuse of any DNN4Less content (information, graphics, audio, coding) online or otherwise for any purpose is strictly prohibited. All materials contained on this site are protected and may not be reproduced, distributed, displayed, published, transmitted or broadcast without the prior permission of DNN4Less. Alteration or removal of any trademarks, copyright or other notices from copies of the content is not allowed. Permission to use DNN4Less content is granted on an individual basis. Violation of this policy may result in copyright, trademark, or other intellectual property rights violation and subject you to civil or criminal penalties.

 

Indemnification

Client agrees to defend, indemnify and hold harmless DNN4Less and its suppliers from and against any and all third-party claims, actions or demands and resulting liabilities, losses, damages, costs and expenses, (including reasonable attorneys fees) of whatever nature or kind arising out of or in connection with: (1) the use of the Services by Client or any authorized user, (2) any acts or omissions of Client or an authorized user, or any breach of a representation or warranty made by Client in this Agreement. This indemnification includes any cause of action brought against DNN4Less that is based in whole or in part on a claim that DNN4Less is negligent in relation to provision of the Services to Client or an Authorized User. Client's obligation to indemnify DNN4Less and its suppliers will survive the expiration or termination of this Agreement.

 

Jurisdiction

This site is controlled and/or operated by DNN4Less from its offices within the State of Maryland, United States of America. DNN4Less makes no representation that materials in this site are appropriate or available for use in other locations outside the United States. Unless otherwise expressly stated, advertising and related materials made available through this site, or through any site displaying the authorized DNN4Less logo, or otherwise linked to this site are intended only for presentation within the United States, its territories and protectorates. Those who choose to access this site from other locations do so on their own initiative and without warranty or recourse except as provided for by United States law.

 

Choice of Law

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Maryland, without regard to its conflicts of law principles. Any action brought to enforce this Agreement or, in connection with, any matters related to this Site, shall be brought only in either the State or Federal courts located in Maryland, and you expressly consent to the jurisdiction and venue of said courts. This Agreement shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is hereby excluded. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. You also acknowledge and agree that DNN4Less will fully cooperate with any law enforcement authorities or court order requesting or directing DNN4Less to disclose information or materials in our possession.

 

Assignment and Succession

You may not grant, devise, or otherwise assign any rights or benefits under this Agreement to any other party. Notwithstanding any other provision of this Agreement, DNN4Less, its successors and assigns may fully enforce any term or provision of this Agreement, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.

 

Credit Verification

You authorize DNN4Less to obtain information about your credit history as part of DNN4Less activation process. DNN4Less reserves the right to request information for approval purposes and to refuse service to any applicant for any reason.

 

Changes in Service

DNN4Less reserves the right to change the availability of or make modifications, deletions, or additions to it’s service offerings at any time without prior notice.

 

Policy Update

We may make changes to our policies from time to time. When we do, those changes will be reflected directly and immediately in this document. We encourage you to review our policies whenever you visit our Web site. In the event of an acquisition, sale or other change in ownership of DNN4Less, collected information may be transferred or disclosed to the acquiring party. 

This policy was last updated on December, 21 2010.

(3 vote(s))
Helpful
Not helpful

Comments (0)
Post a new comment
 
 
Full Name:
Email:
Comments:
CAPTCHA Verification 
 
Please enter the text you see in the image into the textbox below (we use this to prevent automated submissions).