If you do not accept the terms and conditions of this Agreement, please exit this website and cease using the Services immediately.
1. Services and Support
1.1 The Services are provided subject to this Agreement, as it may be amended by Spiral, and any guidelines, rules or operating policies that Spiral may establish and post from time to time (the "Agreement"). By posting updated versions of the Agreement at the mailRoom website, or otherwise providing notice to you, Spiral may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service.
1.2 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, please do not use the Services.
1.3 The Services enable websites to sign up website visitors, collect and retrieve visitor sign-up data, and develop and execute e-mail communications with visitors and other targeted prospects.
1.4 Both the number of e-mail messages sent and the number of KiloBytes of data transferred are metered by Spiral. Normal mailRoom accounts allow you to send an unlimited number of e-mail messages. The total kilobyte data transfer of each message can be no more than 100kb.
1.5 All email delivery prices are subject to change at any time and are clearly stated on our website www.mailroom.co.nz. Our prices are stated in New Zealand dollars and exclude goods and services tax (gst). Payment for services must be made within 7 days of date of invoice, unless other payment arrangements have been made between you and an authorised Spiral representative.
1.6 For all accounts, Spiral may charge an account re-activation fee should an account need to be re-activated after an account has become de-activated due to non-payment or untimely payment.
1.7 You must complete the registration form, either hardcopy or online, in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. As part of the registration process, you will identify an e-mail address and password for your MailRoom account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name. Spiral reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
1.8 It is understood that Spiral makes no guarantee that HTML messages will be rendered properly on all recipients' e-mail programs, due to the wide variety of HTML generation tools available. Spiral makes every attempt to make sure that all e-mail messages sent through our servers follow e-mail standards, but we cannot guarantee that messages will look consistent across all e-mail platforms due to the number of different HTML composition tools available. For example, if you use Microsoft Word to generate HTML e-mail messages, it is expected that recipients of your message using a non-Microsoft e-mail application may have difficulty reading your message. For best results Spiral recommends, but does not guarantee, the use of HTML editors that generate HTML that adheres to W3C standards.
2. Restrictions and Responsibilities
2.1 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. 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.
2.2 You acknowledge and agree that the Services and the Spiral company names and logos and all related product and service names, design marks and slogans, are the property of Spiral 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 Spiral. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in Spiral or its third party suppliers, as the case may be.
2.3 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. You hereby agree to indemnify and hold harmless Spiral 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. Although Spiral has no obligation to monitor the content provided by you or your use of the Services, Spiral 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.
2.4 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates New Zealand laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party's intellectual property rights.
2.5 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Spiral. Spiral 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.
2.6 Spiral will not use any of your subscriber lists 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. In addition, Spiral will not use your customer information for the purpose of sending unsolicited commercial e-mail.
2.8 You may not use Spiral to distribute illegal contests, pyramid schemes, chain letters, or multi-level marketing campaigns.
2.9 You may not use Spiral to send email campaigns that link to or display nudity, obscene content, gambling related content, pharmaceutical related content, illegal software, viruses, or to distribute any other content that we deem inappropriate.
3.1 You may terminate this Agreement at any time by sending an e-mail message to firstname.lastname@example.org or by sending written notice to Spiral Web Solutions, PO Box 33360, Petone, Wellington, New Zealand. No refunds will be issued if you terminate this agreement.
3.2 Spiral may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Spiral shall have no liability to you or any third party because of such termination. If Spiral terminates this agreement because you violated the Anti-Spam policy, no refund will be issued.
3.3 Spiral may delete any of your archived data within 30 days after the date of 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.
3.4 If you do not log into your account for more than 120 days, the account will become inactive. When an account is classified (at Spiral's sole discretion) as inactive, Spiral will flag that account as inactive. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER SIGNUPS, MAY BE PERMANENTLY REMOVED FROM THE DATABASE.
4. 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. Spiral 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 Spiral 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 non performance of the Services shall be for Spiral to use commercially reasonable efforts to adjust or repair the Services.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Spiral OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "Spiral ") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF Spiral 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, Spiral 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 Spiral TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
6.1 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.
6.2 Spiral 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.
6.3 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 Spiral in any respect whatsoever.
6.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys fees.
6.5 The Agreement shall be governed by the laws of New Zealand without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the courts located in New Zealand.
7. System Requirements
It is understood that in order to use the Services, a modern browser such as Internet Explorer 7+, Firefox 3+, Safari 3+ or Google Chrome 9+ is required. Additionally, a stable connection to the Internet is required. The Services may work in a limited manner on other web browsers (such as earlier versions of the previously mentioned browsers), but the Services were not designed for use on web browsers other than those recommended above.
8. Email and permission practices
Please see our Anti-Spam Policy for further information.
8.1 You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used; please contact Spiral if you have questions).
8.2 You cannot mail to distribution lists, newsgroups, or spam email addresses.
8.3 You are responsible for monitoring, correcting, processing unsubscribe requests within 5 days, and updating the email addresses to which messages are sent through your account.
8.4 Emails that you send through the Services may generate abuse complaints from recipients. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. Spiral, 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.
8.5 Spiral, at its own discretion, may immediately disable your access to the Services without refund if Spiral believes in its sole discretion that you have violated any of the email and permission practices listed above, or our Anti-Spam Policy.
9. Compliance rules for sending email (and your spam indemnity)
All Spiral customers must follow the rules of the New Zealand Unsolicited Electronic Messages Act 2007 (and equivalent anti-spam legislation in all applicable countries) and Spiral's Anti-Spam policy when sending emails through the Services. We require the following (among other things) of all email messages sent through the Services:
1. All emails must contain a Spiral“unsubscribe” link that allows subscribers to instantly remove themselves from your mailing list. Each such link must remain operational for a period of thirty (30) days after the date on which you send the message, and must be in form and substance satisfactory to Spiral. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link. Spiral scans every campaign for the existence of an unsubscribe link. If an unsubscribe link is not detected, you will be informed and required to include a Spiral unsubscribe link before continuing.
2. All emails must contain non-Internet contact information of the sender or the entity on whose behalf the email was sent, such as that entity’s address or phone number.
3. All emails must state the reason the recipient is receiving the message. For example, “You are receiving this message from ABC Company because you signed up for our email list at www.abc.com.”
4. All emails must be compliant with any disclosure requirements that apply to the sender (e.g., some countries’ laws require that business letters, including emails, contain further identification details as to the form of the organization, the place of incorporation, the names of executives etc.) These 4 guidelines will help ensure that Spiral maintains its reputation and white-listing status with a number of major ISPs and whitelisting programs. If at any time your campaign is flagged as spam by a recipient, Spiral reserves the right to cancel your account without notice. For further information in relation to spam, please read our Anti-Spam Policy (which forms part of this Agreement, including your spam indemnity).
10. Website and Services availability
From time to time down-time, either scheduled or unscheduled, may occur. Spiral will work within reason to ensure this amount of down-time is limited. Spiral will not be held liable for the consequences of any down-time. Spiral cannot guarantee that any file or program available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files associated with the Services, and you release Spiral entirely of all responsibility for any consequences of its use.
Spiral Web Solutions Ltd
240 Jackson Street
PO Box 33 360
Telephone +64 4 5862686
Facsimile +64 4 5870181