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NeuMails Terms & Conditions


We respect and are committed to protecting your privacy. This privacy policy lets you know how your personal information is collected and used, both by NeuMails and our clients who use our hosted application. We have created this privacy policy so that you can understand the care with which we intend to treat your personal information.

Information Collection and Use

In cooperation with our clients, NeuMails collects lists of data including personal information with the purpose of delivering permission-based email campaigns to those lists. NeuMails hosts these client lists on our servers.

Our hosted application works in concert with this privacy policy to ensure that no sharing or disclosure of list data including personal information can occur between clients or to third parties. NeuMails is contractually bound with each of our clients to maintain the privacy and integrity of their campaign data to include all personal information, tracking data and analytical data.

Information Sharing and Disclosure

NeuMails will never use, sell, share, disclose or rent any internal or customer supplied data to any clients, prospects, or other third parties.

Cookies & Other Tracking Technologies

Some of our Web pages utilize "cookies" and other tracking technologies such as a single pixel gif. NeuMails use single-pixel gif images, to count web page accesses and gather some general statistical information such as if an email has been opened or read. Collected information is tied to the users' personally identifiable information to provide offers and improve the content of the site for the user. This profile is used to tailor a user's visit to our Web site, and to direct pertinent marketing promotions to them. We do not share your profile with other third parties.

Confidentiality and Security

NeuMails warrants that all customer data remains the property of our customers. We also will not use, rent, sell, transfer, or otherwise expose the contents of the tracking information resulting from click-through, message opened, a message read, or E-Commerce conversions. NeuMails provides an SSL encrypted, password-protected mechanism for viewing and extracting customer data. NeuMails maintains all customer data in a carrier-class secure facility protected by firewalls and other security devices.

Unsolicited Commercial Email (SPAM)

NeuMails is committed to providing a permission-based model for email marketing. To that end we can a strict anti-spam policy for all of our clients. NeuMails clients are explicitly prohibited from sending any unsolicited material to recipients who have not expressed their permission to receive communications from our clients. Additionally, NeuMails services may only be used for lawful purposes and may not violate any local, state, federal or international laws.

These policies are part of our broader reaching Acceptable Use Policy that each of our clients are contractually bound to. Violation of this policy will lead to a speedy termination of all access to the NeuMails application, servers and network.

Changes to this Privacy Policy

If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the privacy policy under which the information was collected. Questions and Suggestions.

Limitation On Liability
IN NO EVENT WILL NEUAILES GLOBAL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN ANY WAY IN CONNECTION WITH OR OUT OF THE USE OF THE SITES, SERVICES (OR ANY NEUAILES GLOBAL CONTENT PROVIDED THROUGH THE SITES OR SERVICES), EVEN IF NEUAILES GLOBAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OPPORTUNITY, REVENUES OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. NEUAILES GLOBAL’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND ALL SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE FEES PAID TO NEUAILES GLOBAL HEREUNDER IN THE 1 MONTH PRECEDING ANY SUCH INITIAL OCCURRENCE OF LIABILITY (OR, IF NO SUCH FEES HAVE BEEN PAID, $10). YOU AGREE THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND ACKNOWLEDGE THAT NEUAILES GLOBAL WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, NEUAILES GLOBAL’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Governing Law
In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees. The Agreement shall be governed by the laws in India. All legal actions in connection with the Agreement shall be brought to the courts located in Delhi, India. Any legal actions in connection with the Agreement where the client is located outside India shall also be brought to the courts located in New Delhi, India.

Warranties And Disclaimer By NEUAILES GLOBAL
Except in the case of any Services provided during a Trial/Free Subscription, NEUAILES GLOBAL represents and warrants to You that NEUAILES GLOBAL will use commercially reasonable efforts to maintain and verify that the Services operate in accordance with this Agreement. NEUAILES GLOBAL’s sole obligation and Your sole and exclusive remedy in the event of any failure by NEUAILES GLOBAL to comply with the foregoing sentence will be for NEUAILES GLOBAL to, at NEUAILES GLOBAL’s option, re-perform the affected Services or refund to You the fees You have actually paid for the affected Services during the month in which the failure occurred. Notwithstanding the foregoing, You remain solely and entirely responsible for Your compliance with, and will defend, indemnify and hold harmless NEUAILES GLOBAL from and against any claims arising from any actual or alleged violation by You of any international, federal, state or local treaties, laws, rules, regulations or ordinances regarding Your use of or access to the Site or Services or regarding your business, products or services, including, without limitation, regarding data and data privacy and the transmission of electronic mail messages, whether solicited or unsolicited.

By You. You hereby represent, warrant, and covenant for the benefit of NEUAILES GLOBAL that: (1) You have the legal right and authority to enter into this Agreement, and, if You are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (2) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement You enter into in connection with any of the Services; and (3) Your Content, and any other data, information or content You provide to NEUAILES GLOBAL in connection with this Agreement and Your access to the Site and use of the Services, is correct and current.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SITES AND SERVICES (AND ALL NEUAILES GLOBAL CONTENT PROVIDED THROUGH THE SITES AND SERVICES) ARE PROVIDED TO YOU STRICTLY “AS IS” AND “AS AVAILABLE” AND NEUAILES GLOBAL AND ITS PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO ANY SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEUAILES GLOBAL, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION.

Indemnity
By NEUAILES GLOBAL. Except in the case of any Services provided during a Trial/Free Subscription, NEUAILES GLOBAL will, at its expense, defend You against any claims brought against You by a third-party that Your use of the Services in accordance with this Agreement infringes any copyright, trade secret or trademark right. The foregoing obligations of NEUAILES GLOBAL under this Section are conditioned upon You providing NEUAILES GLOBAL with: (a) notice of any such claim within 10 days after You receive written notice thereof; (b) sole control over the defense and settlement of such claim; and (c) reasonable assistance (at NEUAILES GLOBAL’s expense) in the defense and settlement of such claim. If You are, or NEUAILES GLOBAL reasonably believes You may be, enjoined from using the Services, NEUAILES GLOBAL, at NEUAILES GLOBAL’s option and expense, may procure the right for You to continue using the Services, replace or modify the Services so that they become non-infringing, or provide You a refund of all pre-paid amounts applicable to such Services (if any) and terminate this Agreement with respect to such Services. This Section constitutes NEUAILES GLOBAL’s sole and exclusive liability, and Your sole and exclusive remedy, for any infringement or misappropriation of any third-party IPR by or through the Site, Services, Technology, NEUAILES GLOBAL Content or any Software.

By You. You hereby indemnify, defend, and hold harmless NEUAILES GLOBAL and its affiliates, employees, agents, contractors, assigns, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising from Your accessing or using the Site, Services, Software, Your Content, NEUAILES GLOBAL Content, any email or other communication generated or sent through the Services, or any breach of this Agreement. NEUAILES GLOBAL will provide You with notice of any such claim or allegation, and NEUAILES GLOBAL will have the right to participate in the defense of any such claim at its expense.

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