Important

By using our services, you agree to these terms. Please read them carefully.

Terms of Service Agreement

Legal Agreement: This is a legal agreement between you and Email Marketing Services, Inc.

This is our Terms and Conditions Agreement [hereinafter referred to as the "Agreement"] contains the terms and conditions that apply to the use of our software [hereinafter referred to as "Services" and company referred to as "Provider"].

This Agreement will contain terms such as: "Provider", "we", "us", or "our" refers to us, and the terms "Client", "you" or "your" refers to the person and/or entity that is entering this agreement. The services offered to you are contingent upon your acceptance of this agreement, by proceeding you accept these terms and have fully read the TOS.

Important Notice: Due to the nature of email verification the provider cannot guarantee results. All sales are final and in the event that a customer requests a refund the provider has full authority to deny any refund whatsoever.

You understand that this purchase will appear on your credit card statement under the name Email Marketing Services and in the event you have any problems with this order, you can contact us for a prompt resolution.


Client's Core Representations & Warranties

The following statements must be true for you to proceed with this agreement and use our software, products and services:

1

Your marketing efforts will not violate any laws, statute or governmental regulation.

2

The company you represent has given you the right to enter into this Agreement on their behalf.

3

You are 18 years of age or older.

4

You acknowledge and agree that you are responsible for the security of the data and software you receive from us.


Costs of Services

You agree to pay us a set monthly fee for the right to verify up to a specific number of emails per month. The maximum number of prepaid credits you are allowed to send and the monthly cost for the services is selected by you on the signup page of our website.

Your monthly fee will be automatically charged to your account and paid by you, in advance, until this Agreement is terminated and your account is canceled, regardless of account activity or use of the services.

Pricing Chart
Credits Price
100,000$125
250,000$250
500,000$500
1,000,000$750
5,000,000$1,000
10,000,000$1,500
Overage Policy

If you exceed the maximum number of credits you are allowed per month, you agree to pay for the higher account size minus the amount you already paid and you will have the ability to send the maximum numbers of credits of the next account size up within your existing month. The next month you will be billed based on your previous month.

Example: If your maximum number of email verification credits is 5,000,000 and you verify 5,000,001, you will pay us an additional $100 for being over your limit and upgrade to the next account size of 10,000,000. You will then be able to verify up to 10,000,000 within the same month and the following month's bill would be $500.
No Rollover Credits

Unused credits do not carry over from month to month. There is no rollover credits.

Setup Fee

In addition to the monthly fee for the Services, you also agree to pay us a onetime initial set up fee of $100.


Term of Agreement

The initial term of this agreement shall be for a minimum of one month. The term of this Agreement will begin upon your payment of the setup fee & first month's usage fee and will end when terminated by either you or us as described herein, under the heading "Termination of this Agreement", below.

Each month's usage period shall run from the anniversary date of your signup to the same day next month or until you reach your maximum number of credits.

Example: If you originally signed up on the 5th day of the month, then each month's usage period will run from the 5th day of the month until the 4th day of the next month. If your anniversary date does not occur in a particular month, then that month's usage period shall end on the day prior to your bill date. If your billing date falls outside of business days such as holidays then you will be billed prior to your original bill date.

Payment & Refund Policy

You acknowledge and agree that all financial information you have given and/or will give to us (e.g., credit card, electronic debit information, etc.) is true and lawfully yours to use and that we are reasonably relying on your representations in entering into this Agreement and providing you our products and/or services.

No Refund Policy

You agree that all payments are due in advance of any marketing campaign or the setup of a hosting account and that we maintain a "no refund policy" once your account has been set up. You acknowledge and agree that we perform a substantial and significant portion of the work required of us to be performed, prior to the actual broadcast, and that you are not entitled to a refund if you elect not to proceed with a broadcast once an account is set up.

In the event that you chargeback, reverse or dishonor any payment to us, or incur any additional charges, as provided for in this Agreement, or otherwise take or fail to take any action which results in the theft of services and/or products from us, then you will pay all services and accounts will be charged on the first day of sign up and subsequently for each individual month for the full term of the contract.

You understand that we will prosecute to the full extent of the law for any fraudulent financial information given to us. Collections agencies will be used to collect any unpaid fees. You will be held liable for any fees occurred to collect said debts including but not limited to lawyer fees, accounting fees, and monthly fees generated from our software.


Additional Terms and Conditions

You shall not sell, transfer, or assign this Agreement or the rights or obligations hereunder, other than to a parent or wholly-owned subsidiary, without the prior written consent of us. Notwithstanding the foregoing, without securing such prior consent, either party shall have the right to assign or transfer the Agreement and its obligations hereunder to any successor-in-interest of such party by way of sale, merger, consolidation, reorganization, restructuring or the acquisition of substantially all of the business and assets of the assigning party of more than seventy-five percent (75%) of the outstanding stock of the assigning party.

Provider and Client shall not disclose personally identifiable information, private communications of the other party, to third parties, without that party's permission, unless it believes such disclosure is reasonably necessary to:

  1. Comply with the law or legal process
  2. Protect or defend its rights or property or that of others
  3. Enforce this Agreement
  4. Respond to claims that the contents of any communications violate the rights of others

Client understands and agrees that Provider has disclosed or may disclose information that has commercial and other value in Provider's business and is confidential in nature including, but not limited to, email addresses, cellular telephone numbers, formulas, computer programs, databases, technical drawings, algorithms, trade secrets, technology, and other proprietary information.

Neither party shall be liable for, or considered in breach of or default under this Agreement on account of, any delay or failure to perform as required by the Agreement (except with respect to your payment obligations to us) as a result of any causes or conditions which are beyond such party's reasonable control and which such party is unable to overcome by the exercise of reasonable diligence.

We will not seek to sell, trade, rent, lend or disseminate email addresses that you supply us with, for any purpose. However, it is understood that if some of the addresses you supply to us are in our database(s), we have proprietary rights to such address(es). Additionally, if you fail to delete any information from your account prior to or at the time your account is terminated, you understand that information will become the property of Provider.

We reserve the right to refuse any or all services based on our company policy of respectable marketing practices, at anytime. You understand we hold strict rules and regulations for our services.

You understand and agree that no advice, information or opinions, whether written or oral, obtained by you from us shall create any warranty not expressly made herein. You understand and agree that except as expressly set forth in this agreement, there are no other warranties, express or implied hereunder, including but not limited to implied warranties of merchantability or fitness for a particular purpose. You understand and agree that all products and/or services are provided on an "AS IS" and "AS AVAILABLE" basis.

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a new agreement on our website. You are responsible for regularly reviewing these terms and conditions. Your continued use of the Services after any modification shall constitute your consent to such modification.

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to its conflict of laws provisions.

You agree that you will bring any claim or cause of action arising out of your use of the Services or this Agreement in the courts located within the county of DuPage County or the Northern District of IL and you also agree to submit to the personal and exclusive jurisdiction of those courts.

You agree that any claim or cause of action arising out of your use of the Services or this Agreement must be filed within two weeks after such claim or cause of action arose or it shall be forever barred.


Indemnification & Liability

Indemnification

You agree and acknowledge that you shall hold us (including but not limited to all our employees, officers, shareholders, directors, agents, attorneys, vendors, affiliates, subcontractors, its parents, subsidiaries, suppliers or contract employees) harmless from any liability, loss, claims, and/or expenses related to any or all email marketing campaigns or hosting services.

Remedies

Except as otherwise specified, the rights and remedies granted to a party under the Agreement are cumulative and in addition to, not in lieu of, any other rights and remedies which the party may possess at law or in equity. You agree that your sole and exclusive remedy for any dissatisfaction with the Services is to discontinue the use of the Services. You agree that in no event shall we ever be liable to you for more than the actual dollar amount you paid to us for the Services.

Limitations of Liability

UNDER NO CIRCUMSTANCES, including, without limitation, negligence, shall we (including but not limited to our employees, officers, shareholders, directors, agents, attorneys, vendors, affiliates, subcontractors, our parents, subsidiaries, suppliers or contract employees) be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or inability to use our services and/or products or for the procurement of substitute goods and services or messages received or transactions entered into by means of or through our products or services.


Termination of Agreement

We may terminate this Agreement at any time, with or without cause, and with or without notice. If we terminate this agreement without cause prior to your having paid for your next month's usage fee, then your obligation to pay that fee shall be waived.

However, if we terminate this agreement for cause, or you terminate it for any reason prior to your having paid for your second month's minimum usage period, you shall still pay the second month's usage fee, regardless of whether you use your account or the services.

Cancellation Process

Your termination of this Agreement will be effective upon the last day of the month in which Provider receives such notification and must be received by Provider at least five (5) days prior to your next month's renewal date. You agree that if your account is terminated prior to the expiration of the full term, you will not be entitled to any refund for the unused portion of the term.


Acknowledgement

BY USING OUR SERVICES, CLIENT ACKNOWLEDGES:

  • Having received a copy of this Agreement and any documents.
  • Having read, understood and voluntarily agreed to all of the terms, conditions, covenants and warranties contained in this Agreement.
  • Understanding and agreeing to Provider's "Terms of Service" and "Acceptable Use Policy".
  • ALL SALES ARE FINAL AND AGREES TO A NO REFUND POLICY.

Questions About Our Terms?

If you have any questions about these Terms and Conditions, please contact us.

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