Terms of Services
Please review this End User service Agreement (this “Agreement”) carefully, as it constitutes a legal agreement between you (“You” or “Customer”) and Instant364 (“Instant365” or “We”).
By signing up with Instant365, you are indicating that you have read this agreement and indicate your acceptance of all of the terms and conditions set forth below. If you do not accept all of the terms and conditions of this agreement, you will not be allowed to use the services. This is an agreement for services and you are not being granted a license to any software under this agreement.
Our customers retain and authorize Instant365 to send mails and provide information to their recipients on their behalf. In the course of providing those services, customers provide us with the personal information about their Recipients.
Instant365 Products and Services
Monthly Recurring Plans
The charges for our monthly recurring plans are posted on our Website and are subject to change without any prior notice. For any part of the month included in the “Term”, payments will be due for the entire month.
Monthly Plans – No Overage Charges. In case you have consumed the total credits available in your subscription for a given period, you may ask for “top-it-off” plans for the remaining days of the calendar month. Instant365 DOES NOT automatically credits to your account. Any unused credits are not “rolled over” to the following month or period.
As long as you are an “Active Customer” with us or have an outstanding balance, you agree to allow us for using your valid credit card and deducting the monthly charges against such credit card. Any person using a credit card represents and warrants that he or she is authorized to use that card and we are allowed to charge the bills from the same card.
You may elect to buy “Email Credits” to use our Services as mentioned on our website. In case you prefer using a “Pay-as-You-Go Plan,” you are still an “Active Customer” while your credits are valid, and all the terms of this Agreement are applicable as the monthly plans.
Professional Services. In addition to the Services mentioned on the site, Customer may buy certain premium services which may be customized as per the written statement of work. The Professional Services are provided by Instant365 separate and distinct from the general Services and are not required for Customer’s use or enjoyment of the Services. Any Statement of Work may be modified or amended with the written consent of each of Instant365 and Customer.
Money Back Guarantee
Instant365 offers a 30 days money back guarantee. We have kept our terms very simple anticipating you will like our product and service. If you are not satisfied with our products and services, we will refund your payment 100% as long as you abide by our Terms of Service and our anti-spam policies. Please note that if you violate our terms of services, such as uploading a list of non opt-in, purchased contacts and send email to these contacts, you will not be eligible for our money-back guarantee. The Money-Back-Guarantee is valid for the first 30 days after initial sign-up.
Fees and Payment
In consideration for the Services to be provided by Instant365, you agree to pay all fees mentioned on the website. You agree that:
- Instant365 fees after the 30-day money back guarantee period are non-refundable. However, in some cases we may choose to refund the fees considering any Active Customer seeking such refund applying for the refund in accordance with the requirements we post on the website, which may be changed from time to time.
- Charges listed by Instant365 are subject to change. We may change the charges any time. The newly structured charges will be posted on the website and / or you will be notified through the mail.
- If a user found violating our policies, we reserve all the rights to cancel his account without refunding any fees.
- If a user causes one or more of our IP addresses to be added to a primary blacklist (SORBS or Spamhaus) as a result of directly violating our terms of service, Instant365 reserves the right to charge customer up to $200 per IP address that has been affected and the customer account may be temporarily suspended until listings are resolved. Instant365, at its sole discretion, may elect to waive these charges.
- If we are unable to process your credit card, PayPal or eCheck, we will contact you to resolve the issue. Meanwhile, your account will remain suspended until the payment is made. In case you still fail to make the payment, Instant365 reserves the rights to suspend your account and to delete all your customer data.
- You are liable to pay for all the emails you send from your Instant365 account. The charges are applicable even if you send your mails to wrong list or wrong campaign.
- Your email credits “Roll over” each month, for up to 1 year, for your Pay-As-You-Go accounts. After one year from the date of purchase, your credit automatically expires. The credit can be rolled over if you re-activate your account within 10 days of expiry. If you do not login for 12 months, all your accounts will be deleted from your system.
If you need to cancel your subscription, please contact us at +4419-0254-4116 or via email at email@example.com. You can also directly terminate your account form the ‘Account Settings’ tab within your Instant365 account. Details can be found in our Cancellation Policy, posted on www.instant365.com.
Term, Termination and Removal
Either party may terminate the Term of this Agreement at any time for any reason by providing Notice to the other party. You can cancel your account by contacting Instant365 Sales by phone at +4419-0254-4116 or via email at firstname.lastname@example.org at any time in accordance with our “Cancellation Policy” which can be found on our website.
We reserve the rights to suspend our Services to you at any time with or without cause. Once terminated, we may remove any of your electronic newsletters or other emails and related data and files from our Website and any other storage. Additionally, if you do not log in to your account for 12 or more months, we may deem your account “inactive” and permanently delete your account and all data associated with it.
If you terminate your account, as a courtesy Instant365 may retain your data for up to 30 days, after which all data will be permanently removed.
Data Retention. Instant365 retains campaign historical information for active customers for a period of at least 12 months.
You agree to the following:
- The content, photos, graphics or other media included in your campaign MUST belong to you.
- You will not include in any Emails any material, including, but not limited to, text and graphics, the inclusion of which is in violation of any other party’s rights, including, but not limited to, copyrights and privacy and publicity rights.
- You will not share your password. You are responsible for maintaining the confidentiality of any account name and password provided to you. You are solely responsible for uses of any account provided to you, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of any account of yours.
- You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way used or downloaded from the Website.
- You agree to abide by Instant365’s Anti-SPAM policies posted on our website and incorporated herein.
- You agree to permit Instant365 to add your logo to our ‘Customers’ section of our website. Instant365 will not issue any announcements or press releases or otherwise represent that you are a customer without your prior written consent.
- Proprietary Rights Owned by Us. You acknowledge that we, or our suppliers, own all proprietary rights in the Website and the software used to provide the Services, including, but not limited to, any patents, trademarks, service marks and copyrights.
- Proprietary Rights Owned by You. You represent and warrant to us that you will not add or upload any content to the Website to create an electronic newsletter, or for any other purpose unless you are the owner of all proprietary rights in that content (or have been given a valid license from the owner of the proprietary rights in such content) and have obtained releases for all related privacy and publicity rights.
Representations, Warranties and Covenants
Customer represents, warrants and covenants to Instant365 that:
- If an individual, Customer is at least eighteen (18) years old
- If an entity, it is a company duly organized and validly existing in good standing under the laws of the state in which it was organized
- It has full power and authority to enter into this Agreement, which, upon its execution hereof, will constitute a legal, valid and binding obligation enforceable against it in accordance with the terms hereof
- All information provided by it in the Service Order and otherwise during the term of this Agreement, is and will be truthful and accurate
- Its use of the Services will at all times be in accordance with the terms and conditions of this Agreement, the Policies and all applicable laws, rules and regulations, and
- It is not directly or indirectly (as an owner, strategic partner or otherwise) engaged in any business relationship or activity that competes with the Services.
Disclaimer of Warranties
The service (and the professional services, as applicable) is provided “as is” and without representation or warranty of any kind. To the maximum extent permitted by applicable law, Instant365 and its affiliates, licensors, distributors, dealers and suppliers (collectively, the “representatives”) disclaim any and all representations and warranties, whether oral or written, express or implied, including (without limitation) any warranty as to merchantability, fitness for a particular purpose or use, title, or non-infringement, with respect to the services. Instant365 and the representatives do not warrant that the services will meet customers’ requirements nor do they give any warranty about the results that may be obtained by using the services.
Limitation of Liability
In no event will Instant365 or any representative will be liable to customers or any other party for any special, indirect, incidental, exemplary, consequential or punitive damages arising from or related to the services, or to the performance of this agreement, including but not limited to, damages for loss of data, loss of use, or loss of profits, even if Instant365 or its representatives have been advised in advance of the possibility of such loss or damage. Further, in no event will Instant365 and the representatives’ total cumulative liability to customer or any other party for claims, losses, or damages of any kind, whether based on contract, tort, negligence, indemnity or otherwise, arising out of or related in any way to this agreement or the services, exceed the actual fees customer paid to Instant365 for the services as of the date of the claim, loss or damage.
Customer agrees to indemnify, defend and hold harmless Instant365, the Representatives, and its and their respective affiliates, officers, directors, stockholders, employees, consultants, representatives and agents from any and all claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees) arising from Customer’s negligence or intentional misconduct, Customer’s violation of any applicable law, this Agreement or the Policies, Customer’s breach of any of its representations, warranties or covenants set forth herein, or Customer’s infringement of any intellectual property rights or other rights of any person or entity.
This Agreement does not create a partnership, joint venture or agency relationship between Instant365 and Customer. Customer does not have any right, power, or authority to act as a legal representative of Instant365.
Notification of Security Breach
In the event of a security breach that may affect you, or individuals listed on one or more of your Email distribution lists (each a “List”), we will notify you of the breach and provide a description. In the event we reasonably determine, and notify you, that it is necessary for all or part of such information to be forwarded on to individuals on one or more of your Lists, you will promptly forward such information to the individuals on such List or Lists.
Customer may not transfer, assign, sublicense, or delegate any right or duty under this Agreement to another entity or person without the express written consent of Instant365. Any such transfer, assignment, sublicense or delegation without consent will be null and void.
In the event that a court of competent jurisdiction determines that any portion of this Agreement is illegal, invalid or unenforceable, such portion will not affect or impair the legality, validity or enforceability of any other provisions of this Agreement.
The provisions of this Agreement that by their nature and context are intended to survive the performance and termination of this Agreement, will survive the completion of performance and termination of this Agreement.
This Agreement, the Policies and the Statement of Work(s), if any, constitute the entire agreement and understanding between Instant365 and Customer and supersede all prior and contemporaneous agreements, documents, and proposals, oral or written, between the Instant365 and Customer, except for any prior agreement addressing confidentiality, which will continue in effect according to its terms following the execution, performance and termination of this Agreement.
Instant365’s failure to exercise any of its rights under this Agreement will not constitute or be deemed to constitute a waiver or forfeiture of such rights or of any preceding or subsequent breach or default.
Any notice to you will be effective when sent to the last email or physical address you have given us or posted on our Website. Any notice to us will be effective when delivered to us at our stated office location, or such replacement addresses as we may later provide on the Website.
Except as otherwise expressly set forth herein, this Agreement may be amended or modified only by Instant365and may not be modified by course of conduct. The section headings used herein are for convenience only and will not be given any legal meaning. This Agreement is made for the benefit of the parties only and there are no intended third-party beneficiaries.
Force Majeure. We shall not be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, epidemics, war, terrorist acts, fires, explosions, strikes, power blackouts, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or overloading or slow-downs over the internet or any third party internet service providers.