WayCoolEmail.com™ (the "Services"), 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. WayCoolEmail.com cannot be used for unsolicited commercial emails (UCE). For more detail on UCE please see our Anti-Spam Policy. By ticking the check box on the sign up form stating ‘Accept terms and conditions' you are agreeing to these terms and conditions.
All Services provided by WayCoolEmail.com are subject without limitation to WayCoolEmail.com’s Privacy Policy and WayCoolEmail.com’s Anti-Spam Policy. WayCoolEmail.com 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.WayCoolEmail.com website.
The Services are subject to monthly subscription fees or pre-paid (pay-as-you-go) fees.
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 changed, 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 WayCoolEmail.com is expected within 30 days from the date of invoice. Any lapse of payment that is beyond 60 days will result in the termination of your contract. Under such termination any refunds will be forfeited.
Refund Policy - Your access to WayCoolEmail.com may be suspended at any time with or without cause. If we terminate you without cause, we will refund a pro rata portion of your monthly subscription or reimburse you for unused email credits. If we terminate you for cause, there will be no refunds for any fees paid. Cause is any violation of our anti-spam or privacy policy, such as your using WayCoolEmail.com to send bulk Emails to people who have not consented to receiving them or sending to a list that hasn't been used for more than 12 months. In addition, you are responsible for canceling your account and WayCoolEmail.com will offer no refund for your failure to cancel your account. When an account is terminated by WayCoolEmail.com or cancelled by the client, we reserve the right to remove any emails and related data and files.
WayCoolEmail.com 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 WayCoolEmail.com 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 WayCoolEmail.com owns all rights, titles and interests including any and all proprietary rights.
WayCoolEmail.com may only be used in compliance with the US CAN-SPAM Act 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 WayCoolEmail.com and Kinetic Web 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 WayCoolEmail.com.
Kinetic Web Solutions retains the right to monitor the newsletters created by you and your use of WayCoolEmail.com. Kinetic Web Solutions also reserves the right to remove any content or immediately suspend use of WayCoolEmail.com, if it believes that use is:
WayCoolEmail.com will automatically append an "unsubscribe" link to all outgoing email which will allow visitors to remove themselves from your mailing list. Kinetic Web Solutions may immediately suspend your WayCoolEmail.com account if you make any attempt to remove or disable this link.
WayCoolEmail.com will automatically append a "Powered by WayCoolEmail.com™" footer and link to WayCoolEmail.com to all outgoing email. Kinetic Web Solutions may immediately suspend your WayCoolEmail.com account if you make any attempt to remove or disable this footer and link, unless you have come to a commercial agreement with WayCoolEmail.com about the removal of the footer and link.
Your customer information will not be shared with any other parties, unless required under law. Kinetic Web Solutions and WayCoolEmail.com will not use your customer information for the purpose of sending unsolicited commercial e-mail. Kinetic Web Solutions may use this information and any technical information about your use of the Services to facilitate your use of WayCoolEmail.com or in communications with you.
You will comply with the WayCoolEmail.com Privacy Policy and the Anti-Spam Policy, which may be modified by Kinetic Web Solutions from time to time.
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 calling us at 610-831-9827 ext. 18.
Kinetic Web Solutions may immediately terminate this Agreement and suspend access to WayCoolEmail.com without refund if you are in violation of any of terms outlined in this agreement. Kinetic Web Solutions is not liable for any commercial damage to you as a result of its decision to terminate or suspend your WayCoolEmail.com account.Kinetic Web Solutions reserves the right to delete any account data within 30 days after the date of termination
THE WAYCOOLEMAIL.COM APPLICATION AND ANY RELATED SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTY, AND KINETIC WEB SOLUTIONS EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESSed 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.
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.