GraphicMail Terms and Conditions

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Terms & Conditions

GraphicMail™ (the "Services"), a product of Quattro Internet Solutions ("Quattro"), is a web based software application that offers businesses and web site operators a software application for HTML design, email list management and statistical analysis tools. GraphicMail cannot be used for does not allow unsolicited commercial emails (UCE). For more detail on UCE please see our Anti-Spam Policy. By ticking the check box at the end of the trial form stating ‘Accept terms and conditions' you are agreeing to these terms and conditions.

The GraphicMail service and support offering

	All Services provided by GraphicMail are subject without limitation to GraphicMail’s Privacy Policy and GraphicMail’s Anti-Spam Policy. Quattro Internet Solutions Ltd. may modify the terms of the Agreement and may discontinue or change any aspects of the Services at its sole discretion. Any changes to the application or the terms and conditions become effective upon those changes being made live on the www.graphicmail.com website.

	The Services are subject to monthly subscription fees or pre-paid (pay-as-you-go) fees. When the free trial period has been completed GraphicMail reserves the right to suspend your account unless you sign-up for a monthly subscription or purchase pay-as-you go credits.

	Monthly subscriptions are billed monthly, in advance, according to the Fee Schedule selected by you at sign up. Monthly send credits expire at the end of each month, but extra send credits which can be purchased by client’s with subscriptions do not. The pricing for extra send credits can change at any time. In the event that monthly subscription fees are changes, your fee will remain at the level at which you signed up.

	Pay-as-you-go credits are purchased in advance at the set price for the amount you intend to purchase. These pay-as-you-go credits remain on your account until you have used them. In the event that you purchase pay-as-you-go credits your account will remain open as long as one (1) send credit remains on your account.

	Payment of your GraphicMail can be made by Visa or Master Card credit cards using the WorldPay transaction system. If you take a monthly subscription, you are authorizing Quattro Internet Solutions to charge your credit card a set amount on a regular basis. The date upon which the charge will be levied is the monthly renewal date of your Subscription. Fees are payable in any of the currencies available in WorldPay. If Quattro Internet Solutions is for any reason unable to deduct the monthly payment from your credit card, you will be notified via email and your GraphicMail account will be disabled until payment is received.

	Refund Policy - Given at least 5 working days notice in writing, Quattro Internet Solutions may at their discretion make a full or partial refund of unused Credits for the remaining period to the GraphicMail Subscription.

GraphicMail receives a
four-star rating from about.com

Restrictions and Responsibilities

	Quattro Internet Solutions reserves all rights other than those expressly granted in this Agreement, and no licenses are granted except as expressly set forth herein.

	You will not contest the validity of Quattro Internet Solutions with regard to trademarks or other brand features or content during the term of this Agreement, or after the expiration of this Agreement.

	You acknowledge that Quattro Internet Solutions owns all rights, titles and interests in and to GraphicMail including any and all proprietary rights.

	GraphicMail may only be used in compliance with the US CAN-SPAM Act and the European Privacy Directive and all other applicable laws. You may not use third party mailing lists to distribute unsolicited email to any third party. You agree to indemnify and hold harmless Quattro Internet Solutions against any damages, losses, liabilities, settlements, and expenses in connection with any claim or action that arises from an alleged violation of any national or international laws resulting from your illegal use of GraphicMail.

	Quattro Internet Solutions reserves the right to monitor the newsletters created by you and your use of GraphicMail. Quattro Internet Solutions also reserves the right to remove any content or immediately suspend use of GraphicMail, if it believes that use is: 1) in violation of any national or international laws; 2) constitutes pornography; or 3) is excessively violent or contains harassing content or hate speech; 4) improperly exposes trade secrets or other confidential information of another person; or 5) is otherwise malicious, fraudulent, or may result in retaliation against GraphicMail by offended recipients.

	GraphicMail will automatically append an "unsubscribe" link to all outgoing email which will allow visitors to remove themselves from your mailing list. Quattro Internet Solutions may immediately suspend your GraphicMail account if you make any attempt to remove or disable this link.

	Graphicmail will automatically append a "Powered by GraphicMail™" footer and link to GraphicMail to all outgoing email. Quattro Internet Solutions may immediately suspend your GraphicMail account if you make any attempt to remove or disable this footer and link, unless you have come to a commercial agreement with Quattro Internet Solutions about the removal of the footer and link.

	Quattro Internet Solutions will not share information you may upload (such as email addresses, name, contact information, or images) to GraphicMail. Your customer information will not be shared with any other parties, unless required under law. Quattro Internet Solutions will not use your customer information for the purpose of sending unsolicited commercial e-mail. Quattro Internet Solutions may use this information and any technical information about your use of the Services to facilitate your use of GraphicMail or in communications with you.

	You will comply with the GraphicMail Privacy Policy and the Anti-Spam Policy, which may be modified by Quattro Internet Solutions from time to time.

Termination

	This Agreement will have a term beginning on the payment date of the first monthly subscription or on the payment date of the first purchase of pay-as-you-go credits. You may terminate this Agreement at any time by following the cancellation instruction available from within the application or by sending an email to support@graphicmail.com.

	Quattro Internet Solutions may immediately terminate this Agreement and suspend access to GraphicMail without refund if you are in violation of any of terms outlined in this agreement. Quattro Internet Solutions is not liable for any commercial damage to you as a result of it’s decision to terminate or suspend your GraphicMail account.

	Quattro Internet Solutions reserves the right to delete any account data within 30 days after the date of termination

Warranty Disclaimer

	THE GRAPHICMAIL APPLICATION AND ANY RELATED SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTY, AND QUATTRO INTERNET SOLUTIONS EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING SUCH SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

	Each Party agrees to indemnify and hold harmless the other party from and against any losses, claims, liabilities, damages or expenses, including reasonable attorney’s fees, directly arising from a material breach of this agreement by the other party.

Limitation of Liability

Each Party agrees to indemnify and hold harmless the other party from and against any losses, claims, liabilities, damages or expenses, including reasonable attorney’s fees, directly arising from a material breach of this agreement by the other party