Anti-Spam Policy and Terms of Use

The TeneoMailer.com services are provided by TeneoMail ("We" or "TeneoMail ") to you ("you" or "user"), subject to the terms of this agreement ("Agreement"), and the rules that may be published from time to time by TeneoMail. TeneoMail currently offers services to users who agree to abide by (I) the terms and conditions of this Agreement; (II) the Anti-Spam policy, and (III) all other guidelines posted on the TeneoMail sites. TeneoMail reserves the right to revise the terms of this relationship at any time without notice to you. In addition, when using particular services of TeneoMail, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted by TeneoMail from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. Users who violate the terms of this Agreement will have their TeneoMail account ("Account") cancelled with no refund and they may permanently be banned from using TeneoMail. Entering a page of the TeneoMail application(s) will constitute acceptance of the terms and conditions of this agreement. If you do not agree to abide by these terms, please do not use TeneoMail services. You must be at least 18 years of age to use TeneoMail, and can form legally binding contracts under applicable law.

 1. DESCRIPTION OF SERVICE TeneoMail provides businesses and organizations service to create and send email marketing campaigns. TeneoMail Services may not be used for sending unsolicited email. TeneoMail users must provide proof of list collection practices when requested by TeneoMail staff. TeneoMail is a permission-based email marketing service with no-tolerance policy for sending unsolicited email. See our Anti-Spam Policy for more information.

2. FEES & PAYMENTS TeneoMail provides monthly plans, based on emails sent per month. For payments we accept credit cards. You can cancel or edit your monthly plan options at any time. You are solely responsible for all charges, fees, taxes arising out of any use of your account by you or anyone else using your account. TeneoMail reserves the right to modify any fees, provided notice is given either by email or through the website.

3. USER ACCOUNT, PASSWORD, AND SECURITY You will receive confirmation of your registration upon completing the Service's sign-up process. You are responsible for maintaining the confidentiality of the password for your account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TeneoMail of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. TeneoMail cannot and will not be liable for any loss or damage arising from your failure to comply with your account and password security section.

 4. OWNERSHIP, COPYRIGHT & TRADEMARK TeneoMail does not claim ownership of Content you submit or make available for inclusion on the Service. This also means TeneoMail claims no responsibility for any content (any information, including audio, video, text, email, or any material) that you upload, post, email, transmit or otherwise make available via the Service.

5. ANTI SPAM POLICY You unconditionally agree to the following terms (which may be occasionally updated or changed without notice). You unconditionally agree to not upload or use third party mailing lists such as rented listed, purchased lists, or lists collected using non-permission based methods. No unsolicited email is allowed to be sent using TeneoMail. You agree that you are the sole or designated "sender" (as per terms of the CAN-SPAM 2003 Act) when using TeneoMail. You agree that the "subject" line of all messages sent using TeneoMail must not be deceptive or misleading in nature and shall reflect the content of the body of your message. You agree that the "from" line shall reflect the true identity of the sender and shall not contain any deceptive or misleading information. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"). You agree not to send anything offensive and not promote anything illegal. This includes pornography, junk mail, escort services, gambling type messages and any illegal type content. You agree to use TeneoMail to send to email lists for which the recipients have opted-in to receive. You acknowledge and agree that not all email messages sent through TeneoMail will be received by their intended recipients. You agree that every email message sent will contain the “unsubscribe" link that allows the recipient to be removed from your list or lists. You agree to comply with all applicable laws, statutes, and regulations. Failure to accept and comply with TeneoMail Anti SPAM Policy will result in immediate termination of the TeneoMail service, with no refunding of pre-paid fees. TeneoMail will have no liability to you or any third party because of such termination or action. Any service interuptions, our servers or IP's blacklisting as a result of subscribers spamming will be billed to the subscriber at $250.00 per hour until service is restored and blacklisting cleared. Subscriber will also be in violation of the TeneoMail Anti-Spam Policy and Terms of Use and subject to legal action.


6. MONITORING AND REPORTING At any time and without notification, TeneoMail reserves the right to modify the service within the acceptable boundaries of the application description. You acknowledge that TeneoMail may pre-screen all email broadcasts, and that TeneoMail and its designees shall have the right (but not the obligation) in their sole discretion to refuse or disclose any broadcast. TeneoMail is not responsible for the failure of other, third party networks and devices required to complete the technical processing and transmission of service. We reserve the right to monitor any activity and content associated with your use of our Site, our Software, or our Services. We may investigate any reported violation of our policies or complaints and take any action we deem appropriate, including issuing warnings, suspending or terminating the Services, denying access, and/or removal of any materials on the Site. We reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. We also reserve the right to access and disclose any information relating to your use of our Site, our Software, or our Services, if we feel, in our sole discretion, that accessing or disclosing such information is necessary or appropriate in order to comply with any governmental request, protect our reputation, or to protect ourselves against potential liability. We reserve the right to remove, screen, or edit any content that violates these provisions or is otherwise objectionable to us in our absolute discretion.

7. VIOLATION OF CONDITIONS OF SERVICE Failure to accept and comply with all Service Conditions will result in immediate termination of the TeneoMail service, with no refunding of pre-paid fees. TeneoMail will have no liability to you or any third party because of such termination or action.

8. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the TeneoMail, use of the TeneoMail, or access to the TeneoMail.

 9. INDEMNIFICATION You hereby agree to defend, indemnify and hold harmless TeneoMail 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 (a) arises from any alleged breach of this Agreement, (b) arises from the content or effects of any messages you distribute using TeneoMail or (c) arises from your activities or postings on the TeneoMail blog or affiliate sites, (d)otherwise arises from or relates to your use of TeneoMail. In addition, you acknowledge and agree that TeneoMail has the right to seek damages when you use TeneoMail 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.

10. DISCLAIMER OF WARRANTIES You expressly understand and agree that: (a) your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. TeneoMail expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. (b) TeneoMail makes no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. (c) Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. (d) No advice or information, whether oral or written, obtained by you from the TeneoMail.com service shall create any warranty not expressly stated in this agreement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state. TeneoMail reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TeneoMail shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 


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