1. General provisions

GetResponse Sp. z o.o. (Polish limited liability company) incorporated under the laws of the Republic of Poland, with its registered office at Arkońska 6, A3 80-387 Gdańsk, Poland, entered in the National Court Register kept by the District Court Gdańsk – North in Gdansk under number (KRS) 0000187388, Tax Identity Number: 9581468984, share capital of 5.279.000,- PLN (“MailZ”, “GetResponse”, “we”, “us”) is the service provider of the MailZ Service (the “Service”). These Terms of Service set the rules for the use of the Service by our Customers. By clicking the button to subscribe to the Service you (“you” or the “Customer”) accept these Terms of Service and undertake to use the Service in compliance with the provisions of this document. You should retain a copy of these Terms of Service for your records as upon your subscription they constitute a legal agreement between you and GetResponse. If you do not agree with any of the provisions of this document, you may not subscribe to and use the Service.

2. Service

Under the Service we provide you with:

  • practical tools such as: transactional email API, SMTP server configuration, message tracking and analytics, deliverability solutions and more as specified on the website.
  • an individual Account to manage their data and Service tools,
  • Customer Support.

You may use the Service to send transactional emails only to those recipients who have concluded a transaction with you or have given you a permission to send them those emails in any other way and have not subsequently withdrawn such permission (“Recipients”). In order to use the Service you must create an individual account in the MailZ platform (“Account”). The Account may be accessed only with the use of your login credentials.

The Free trial version of the Service (“Free trial accounts”) is limited in terms of is limited in terms of number of triggered emails and is rendered for 30 days. Free trial accounts may also be limited in other ways. You may upgrade the Free trial account to a paid version at any point. However accounts which have not been upgraded to a paid version within the trial period or within 90 days after the trial period ends, will be permanently disabled.

You may upgrade your Account Plan at any time, however if you make such an upgrade during your subscription period, it will take effect from the next subscription period.

3. Technical requirements

We assure that the Service will operate with the latest official version of Internet Explorer, Mozilla Firefox, Google Chrome and Safari web browsers. In order to use the Service it is necessary that you have a device that allows you access to the Internet, have an email and a website browser installed with “cookies” and JavaScript enabled.

4. Registration and Use of the Service

Upon successful registration you subscribe to the Service and agree to:

  • observe these Terms of Service as well as the MailZ Anti-Spam Policy and Privacy Policy or their amended versions and any other policy developed, published and formulated by GetResponse in connection with the Service;
  • maintain and promptly update your contact details so that they are as current, complete and accurate as possible;
  • send or stream through the Service only such materials that you have full rights to use and publish on the Internet;
  • conform to the rules relating to sending out emails, in particular, commercial emails and the processing of personal data which are in force in the country of your residence;
  • keep the secrecy of login credentials provided to you;
  • receive commercial information about the products and services of GetResponse.
5. Payments

You are obliged to pay in due time all fees for the use of the Service according to the Account plan you have chosen. We offer monthly and annual subscription. The current pricing offer is available at: https://secure.mailz.com/. Your chosen Recipient Size List implies an IP type assigned to your account. The Account plans may not be combined nor modified.

Access to the Service is provided to you after we have received the subscription fee calculated on the basis of the Account plan you have chosen (pre-paid subscription). Where appropriate, tax on goods and services (VAT) will be added to the payment price in accordance with currently effective rates. If you choose to pay fees with a credit card you agree to pay them in the form of a recurring payment, under which the subscription fee is deducted automatically basing on the Account plan you have chosen. The recurring payment is initiated on the first day after the expiration date of the previous subscription (hereinafter referred to as the "recurring payment date"). If the recurring is unsuccessful at that point, we will retry to complete the payment transaction in the following days and, if the completion of the transaction is unsuccessful, we will assume that the Service is terminated. We are not responsible for any fees charged by credit cards issuers.

We will issue an invoice for the Service within 30 days of receipt of each payment. You expressly agree to receive invoices from us by electronic means of communication. For settlement purposes it is assumed that a month has 30 days and a year has 360 days.

By choosing their monthly volume limit, you may send a certain number of emails, indicated on the Pricing website. If the actual number of emails sent in a given month exceeds the monthly volume limit you chose and paid for, you shall pay an extra Overage Fee that is calculated according to the Pricing, depending on the chosen List size. The Overage Fee will be collected automatically from your credit card in the month directly following the month in which the Recipient List Size was exceeded.

We reserve the right to change the fees for the Service at any time by posting a new pricelist to https://secure.mailz.com/. The new pricelist applies to all new Accounts and upgrades.

6. Prohibited practices, content and industries

You are not allowed to use the Service in a manner that, either intentionally or unintentionally, violates any applicable local, state, national or international laws, these Terms of Service and our Anti-Spam Policy or any copyright or other right of a third party. To see what practices we regard as particularly abusive or illegal, click here.

There are some industries that send certain types of content resulting in a higher than normal bounce rates and abuse complaints, which may affect the deliverability of MailZ’s platform. Therefore, you understand and accept that, as far as your business practices are concerned, you are not allowed to use the Service to stream, disclose, engage and/or offer to sell, either directly or indirectly, any goods or services connected with such high-risk industries. To see what businesses, goods and services we specifically prohibit, click here.

You may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Service, or to surreptitiously intercept any system, data or personal information from the Service nor any website owned or controlled by MailZ. You may not take any action that imposes unreasonable or disproportionately large load on the website network or other our service infrastructure.

7. Customer Service

We provide Customer Service via Email. When requesting customer service or submitting complaint, you should provide at least your account name. We do not reply or take any action based on "anonymous" support requests.. Customer Service contact details are available at MailZ.com and within your Account under “Support”. Most customer service enquiries are responded within 24 hours on business days. You have the right to be advised about the processing status of your support request or complaint.

8. Service Termination

You may terminate the Service at any time by sending a cancellation request to the Billing Department and providing your Account name, email address assigned to your Account and order ID. If you terminate the Service during the subscription period (month or year depending on the Account plan), it will take effect on the final day of such term, on condition that you have sent the cancellation request at least 5 (five) business days prior to the recurring payment date. We reserve the right to terminate or suspend the Service with immediate effect and refuse any and all current or future use of the Service in the event that you violate any of the provisions of these Terms of Service. To see what activities we particularly regard as violating our Terms of Service, click here.

The amounts paid by you under these Terms of Service are non-refundable. Therefore, if the Service is terminated, you will not be entitled to any partial or whole reimbursement of any fees or payments already paid, unless expressly stated to the contrary in these Terms of Service or under applicable law.

Termination of the Service does not release you from the obligation to pay all and any fees already due or which arise in connection with your use of the Service after the cancellation request was submitted. This particularly includes the List Extension Fee referred to in Clause V. Payments.

9. Privacy

Our data protection practices are set forth in our Privacy Policy that is available at: http://www.mailz.com/privacy-policy.html and which forms the integral part of these Terms of Service.

10. Copyrights and Trademarks

All content included on the mailz.com website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of GetResponse or its content suppliers and protected by Polish, U.S. and international copyright laws. No part of this website may be reproduced or transmitted in any form or by any means without express written consent of the authors.

‘GetResponse’ is a registered trademark of GetResponse and Simon Grabowski in the Republic of Poland and other member states of the European Union, as well as in the United States. The trademarks of GetResponse and Simon Grabowski may not be used in conjunction with other entities’ products or services in any manner that may cause confusion among customers and potential customers, or in any manner that discredits GetResponse, its products and/or services.

11. Service accessibility

We guarantee the Service accessibility at a level of 99.5% per month on condition that there is a full availability of the services of our Internet and Telecom Providers. We do not guarantee any minimum response times or delivery times in connection with performance of the Service. We may, at our sole discretion and without liability, change or modify the features of the Service or modify or replace any provided equipment, or software used to deliver the Service, provided that this does not have a material adverse effect on the Service. We may perform scheduled or emergency maintenance (including temporary suspension of the Service if necessary) to maintain or modify the Service without previous notice given to you. However, in the event of scheduled maintenance that would last for more than one day, we will use reasonable efforts to give you at least one day's notice. Scheduled maintenance will be carried out with an aim to minimize business interruption.

We also reserve the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the http://www.mailz.com website, at any time without prior notice.

12. Disclaimer of Warranties. Limitation of Liabilities

You are solely responsible for your use of the Service and our websites, particularly for all and any content which you send through the MailZ platform.

You acknowledge that MailZ provides the Service and the website on “AS IS” basis without warranties of any kind, either express or implied. Particularly, MailZ disclaims any warranty of title, merchantability, non-infringement or fitness for a particular purpose.

To the maximum extent permitted by law, GetResponse, its employees, directors, officers or representatives shall not be liable for any direct, indirect, punitive, special or consequential damage or loss (even if GetResponse has been advised of the possibility of such damage), howsoever caused and irrespective of the nature of the cause of action, demand or claim by the Customer. GetResponse's entire liability, regardless of the form and cause of action, in any event is limited to the aggregate amount paid by the Customer for the Service in one month immediately preceding the date the Customer notifies GetResponse of such a claim, or in the aggregate, in respect of all claims under or related to the Services provided by GetResponse to the Customer. The Customer hereby releases GetResponse, its employees, directors, officers and representatives from any and all obligations, liabilities and claims in excess of the aforementioned limitation.

Neither party shall be responsible for any delay or failure in performance of their obligations under these Terms of Service due to Force Majeure or other occurrences that are beyond reasonable control of the party in default or failing to fulfill obligations.

You agree to indemnify and hold GetResponse, its employees, directors, officers, co-operators and representatives harmless from any and all claims, losses (either direct or indirect), damages, expenses, including but not limited to attorneys’ fees basing or arising from your failure (or any individual using your username details) to comply with your obligations under these Terms of Service or violation of any law, or violation of the rights of any third party. We will notify you as soon as reasonably practical of any such claim, demand or cause of action for which we will require indemnification from you.

13. Final Provisions

The MailZ Anti-Spam Policy and Privacy Policy are an inherent part of these Terms of Service. If any provision of these Terms of Service is invalid or unenforceable under the law of any government having jurisdiction, it shall not affect the legality, validity and enforceability of any other provisions hereof and such invalid or unenforceable provision will be modified to the extent necessary to render it valid and enforceable without altering its intent. GetResponse reserves the right to change any of the provision of these Terms of Service at any time by posting the revised document on MailZ’s website and/or by sending an email to the last email address you have given to GetResponse. These Terms of Service shall be effective immediately with respect to any continued or new use of the Service, unless you terminate these Terms of Service within 10 (ten) days. The most current version of these Terms of Service is available at: "http://www.mailz.com/terms-of-service.html. This Service shall be interpreted and construed according to, and governed by, the laws of the Republic of Poland, excluding any such laws that might direct the application of the laws of another jurisdiction. The law of the Republic of Poland and the court of local jurisdiction of GetResponse shall be the governing jurisdiction.

Practices that are strictly prohibited:

  • sending spam or otherwise unsolicited messages in violation of applicable laws;
  • sending messages to any purchased or rented email lists, or any third party lists whatsoever;
  • incorporating into emails any texts, photos, graphics, logos, software, articles, musical works and videos or other content that infringes into third persons' copyright and/or rights related to copyright, trademark, patents, trade secret or other proprietary right of any third party;
  • sending or storing materials that are obscene, threatening, abusive, harassing, defamatory, libellous, slanderous, deceptive, fraudulent, invasive of another person's privacy, tortuous, or otherwise violate applicable law or GetResponse's rules or policies;
  • associating any content streamed through the Service with pornography, adult-related material, child pornography, bigotry, racism, hatred, profanity, mail fraud, or any material which may be insulting to another person or a company;
  • sending or storing material containing harmful content, including, without limitation, software viruses, Trojan horses, worms, time bombs, cancel bots, spy-ware, or any other files, software programs, or technology that is designed or intended to disrupt, damage, surreptitiously intercept or expropriate services or any system, program, data or personal information, or limit the functioning of any software, hardware, or equipment or to damage or obtain unauthorized access to any data or other information of any third party;
  • modifying, reproducing, duplicating, copying, displaying, sublicensing, selling, creating derivative works from, exploiting or otherwise using any portion of the Service, especially the source code or the materials provided in Multimedia Studio, except as specifically provided and allowed by us;
  • using the Service contrary to its primary purpose, especially for hacking or to solicit passwords, personal identifying information or credit card data for unlawful or phishing purposes, especially by making automated use of the system, such as using scripts, bots, spiders or scrapers;
  • undertaking any other activity that in our opinion interferes with or is (or may be) harmful to our business, reputation, goodwill or the ability of other customers to effectively use our Service

Our Customers are not allowed to use the Service to stream, disclose, engage and/or offer to sell, either directly or indirectly, any goods or services that:

  • victimize, harass, degrade, or intimidate an individual or a group of individuals on the basis of religion, politics option, gender, sexual orientation, race, ethnicity, age, or disability;
  • violate any law, statute, ordinance, or regulation including, without limitation, those governing consumer protection, Internet tobacco sales, unfair competition, anti-discrimination or false advertising;
  • offer or disseminate fraudulent goods, services, schemes, or promotions (e.g. make-money-fast schemes, chain letters, pyramid schemes), payday loans or engage in any unfair deceptive act or practice;
  • are associated with any form of gambling, betting or bingo- or lottery-type services;
  • are associated with any form of adult, sexually oriented, or obscene materials or services, including without limitation, any material clearly designed to sexually arouse the viewer/reader (e.g. books, text, photos, videos, X-rated movies, pornographic materials, etc.), any materials which require individuals to be eighteen (18) or older to view or purchase those materials, escort services, and adult websites;
  • are associated with the sale of:
    • any controlled drug that requires a prescription from a licensed practitioner;
    • or any over-the-counter drug or
    • non-prescription drugs;
  • associated with illegal telecommunications or cable television equipment, such as access cards, access card programmers and unloopers, cable descramblers or filters;
  • are associated with weapons of any kind and related items, including firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives and martial arts weapons;
  • market for:
    • nicotine, nicotine products, products imitating nicotine products, symbols related to smoking or nicotine;
    • alcohol of any kind;
    • drugs of any kind, products related to drugs, symbols related to drugs, the use of drugs of any kind;
    • medical services, medical aid, medical assistance, medicines;
    • video lotteries, cylindrical games, card games, dicing, and automated game;
  • use the Service to call on minors directly to purchase products or services;
  • encourage minors to influence their parents or other persons with an aim of impelling them to buy products or services marketed thru the Service;
  • take advantage of minors' inexperience and credulity; exploit the special trust minors have in their parents, teachers or other persons;
  • unreasonably show minors in dangerous situations, or use the Service to affect the subconscious of a recipient;
  • add, remove or modify the identifying header information, in an attempt to deceive or mislead the recipient;
  • impersonate or attempt to impersonate any person or entity (including any of our employees or representatives) or service by using forged headers or other identifying information such as name, nickname, domain name, or email address. The use of anonymous re-mailers or nicknames does not constitute impersonation;

Examples of activities regarded as violating our Terms of Service:

  • failing to make payment which became due,
  • using the Service for abusive or prohibited practices referred to in Clause 6 hereof;
  • sending emails which we consider SPAM (determined on the basis of GetResponse algorythms and compliance procedures), in particular if:
    • the Customer's name or domain (to which the Customer redirects Subscribers through links contained in emails) is listed on the Spamhaus Registry Of Known Spam Organizations (ROKSO, http://www.spamhaus.org/rokso/) or such domain is listed on at least one of the following blacklists: URIBL (http://uribl.com/), SURBL (http://www.surbl.org/), SpamHaus DBL (http://www.spamhaus.org/dbl/) or ivmURI (http://dnsbl.invaluement.com/),
    • the Customer is found spamming by SpamCop or any other anti-spam organization who reports to GetResponse spam trap hits thru Unsolicited Commercial Email reports,
  • Customer breaches the rules on using our trademarks and other intellectual property, creating more than one Free Trial Account by the Customer;
  • Providing inaccurate, unreliable or false registrant contact details, or failing to keep such contact details up to date;
  • Assigning rights and obligations resulting from the Service agreement to a third party without prior consent of GetResponse;