Terms & Conditions of Service

1. Definition

The Service enables corporate, business and community web sites as well as individuals to sign-up web visitors, collect and retrieve deposited data and develop and execute email marketing communications with visitors and other targeted prospects.

2. Amendment of terms

We may automatically amend these Terms of Service at any time by informing you of the amended terms either when you access your Email Service account or via email. You accept the amended terms if you access your account after such notification. Otherwise, these Terms of Service may not be amended except in writing signed by both parties.

3. Sign up declaration of honesty

You must complete sign-up steps in order to use your Email Service account. You will provide true, accurate, current, and complete information about yourself as requested in the registration process. As part of the registration process, you will identify an email address, username and password for your account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account. The Email Service reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

4. Spam/UCE policy

When supplying email lists, you are required to only use the email addresses of people who have a pre-existing business or personal relationship with you or who have indicated their desire (opted-in) to receive email communications from you.

5. Compliance rules for sending emails

All Email Service customers are obliged to abide by the following guidelines and the built-in functionality to adhere to these guidelines must not be circumvented in any way.

  • All emails must contain an unsubscribe link.
  • All emails must contain non-Internet contact information of the sender, such as your company's postal address and phone number.
  • All emails must state the reason the recipient is receiving the message.
These guidelines help to ensure that both the The Email Service and you the customer maintain our reputation and helps maintain any white-listing status.

6. Cancellation

We reserve the right to suspend or cancel a customer's access to the Service if:

  1. You breach these Terms and Conditions of Service.
  2. We are unable to verify or authenticate any information you provide to us.
  3. We believe your account has been used inappropriately or illegally.
  4. Inappropriate or highly offensive content is sent using your account.
  5. Your spam complaint ratio exceeds 0.25%.

7. Liability

In no event shall we or our suppliers or our technology partners be liable for any lost profits or special, incidental or consequential damages arising out of or in connection with your Email Service account or these terms and conditions of service.

8. Legality

These terms shall be governed by and construed in accordance with Scots law and you hereby submit to the non-exclusive jurisdiction of the Scottish courts.

9. Company

The Services hereunder is offered by The Email Service and has its registered office at 6-7 Renfrew House, 27 Quarriers Village, Bridge Of Weir, Renfrewshire PA11 3SX. The Email Service is a trading name of X402 Limited, company no. SC277437, registered in Scotland.