Terms & Conditions
By using a ListMessenger.net account, you agree to have read and understood these terms and conditions and that you agree that you are bound by the terms and conditions.
Description of services offered by ListMessenger.net
ListMessenger.net offers services to send e-mail newsletters, governed by the terms and conditions outlined below.
The following definitions will be used in these terms and conditions:
- ListMessenger.net: a provider of services to send e-mail newsletters;
- Customer: a person or organization represented by a person, who uses ListMessenger.net to send e-mail newsletters. Unless otherwise agreed, only the customer is entitled to use the services, and only the customer can enforce the terms & conditions;
- Contract: an agreement between ListMessenger.net and a customer, about the use of ListMessenger.net’s services by the customer;
- Account: the information supplied by ListMessenger.net to a customer, enabling the customer to use the service. An account is always associated with 1 website. An extra account will have to be opened for every additional website, unless there is agreement between parties about different conditions;
- Subscriber: a person, or an organization represented by a person, who has agreed to be the recipient of e-mail message sent by a customer, through the services provided by ListMessenger.net.
A contract is formed by the completion of the these steps below:
- A customer submits a request for an account to ListMessenger.net;
- ListMessenger.net accepts the request and opens the account.
ListMessenger.net reserves the right to accept or deny any request for any reason, including but not limited to late payment, insufficient resources available and errors in product descriptions and pricing details.
The customer is legally responsible for the use of the account. The customer must provide an up to date and working e-mail address for ListMessenger.net’s records, and is obliged to notify ListMessenger.net about any changes to this information.
The customer agrees to inform ListMessenger.net in advance about any significant changes in the activities undertaken with the Account, and understands that such a change can result in a termination of service by ListMessenger.net, if the change violates these terms and conditions.
- The initial term of a ListMessenger.net account starts on the date when ListMessenger.net sends an e-mail to the customer to notify them that the account has been activated, and will last until the end date as stated in that notification.
- At the end of the initial term, the customer can renew the account for an additional term with the same length as the initial term. ListMessenger.net will send a notification about the need for renewal approximately 28 days before the end of the initial term or additional term. If the customer does not respond, or if the customer indicates that they don’t want to renew, the account will not be renewed and the account will be terminated at the end of the then current term.
- The initial term and the additional terms after renewal will be named “terms” from now on.
Before the start of every term, ListMessenger.net will send an invoice to the customer. The initial term can not start unless the invoice has been paid in full. In case of a renewal, the customer should pay the invoice not later than 10 days after the renewal date. ListMessenger.net can suspend the account if payment is overdue.
The customer is responsible for providing accurate invoicing details, including all relevant changes that have occurred after the account was first created or was renewed (for example a change in e-mail address, change in payment details, bank account number, company details).
ListMessenger.net accounts may only be used for activities that are permitted by law. Any use of the services that is not within the local, national or international laws as applicable to ListMessenger.net, the customer’s jurisdiction or any jurisdiction where the customer, their website or business is operating is strictly forbidden.
By using the services provided by ListMessenger.net, customers agree to be bound by the following obligations:
- A customer must process any complaint by a subscriber within a reasonable time frame, in such a way that ListMessenger.net will not receive a significant amount of complaints about the customer;
- A customer must provide their contact information to their subscribers, to ensure that subscribers can contact the customer.
The customer agrees that they are the only party responsibel for the confidentiality of the password of their account. The customer also agrees that they must change their password as soon as there is any indication that the account password has been compromised. They must also inform ListMessenger.net immediately. Until such time that ListMessenger.net has been informed, the customer will remain responsible for any form of use or abuse of the account. The customer agrees that ListMessenger.net has the right to restrict all access to an account, if there is any indication that the account is not sufficiently secure, for the duration of the time needed for analysis and resolution. The customer also agrees that ListMessenger.net has the right and the duty to cooperate with any government investigation into our services, as long as such an investigation is permitted by law or court order.
The customer agrees that ListMessenger.net has the right to monitor the usage of the accounts, in relation to our Policy for Acceptable Use.
The customer must not disturb the functioning of our services. This includes but is not limited to (attempting to) bypassing login procedures, attempting to gain access to services or accounts that the customer is not entitled to, and disturbing the availability, reliability or quaility of our services for other customers.
Closing an account
ListMessenger.net accounts can not be canceled or closed by the customer during a current term, and funds paid will not be refunded.
Customer must ensure that they act in accordance with the Policy regarding Acceptable Use, which is published on this website. This policy can be updated from time to time, because of changes in market conditions or technical developments.
ListMessenger.net reserves the right to close an account immediately, on account of abuse or violation of these terms & conditons or the Policy regarding Acceptable Use. Customers must agree to these policies when requesting an account.
When an account is suspended or closed after a violation of our Policy regarding Acceptable Use, there will be no refund. ListMessenger.net can claim compensation for any damages resulting from such violations.
Changes in Pricing
ListMessenger.net can change pricing at any time, and the new pricing will be effective upon the following renewal date. Customers will be notified about new pricing at least 28 days before the new prices will be effective. If the customer does not indicate that the account should not be renewed, it is assumed that the customer agrees with the new pricing. Pricing announcements will be sent to the e-mail address supplied by the customer, and will also be published on the ListMessenger.net website.
ListMessenger.net guarantees that the services:
- will be executed with reasonable care;
- are suitable for normal use and the purposes as described on this website;
- essentially matches the description given on this website.
It is the customer’s responsibility to ensure that the hardware and software used by the customer are configured correctly and are suitable for use of our services.
From a technical perspective, it is impossible to provide our services completely without fault, and we do not claim that they are faultless. ListMessenger.net offers an online support facility to report problems and faults, but we can not guarantee that all problems and faults can be resolved.
ListMessenger.net will support each customer up to a reasonable level to help integrate the services into their website. The customer must agree that the level, duration and availability of support is determined by ListMessenger.net, and that the provision of support does not imply a guarantee that the customer can complete said integration. ListMessenger.net does not provide phone support.
Anti Virus Measures
Outgoing mails, including attachments, sent by our systems, are not checked for viruses. We do check our servers for viruses on a daily basis.
Laws / Policy for Acceptable Use
The customer can only use the service in accordance with applicable law and the Policy for Acceptable Use (PAU), which is considered to be an integral part of these terms & conditions. ListMessenger.net will adjust the PAU from time to time, based on developments in the market and usage of the system, to serve a reasonable commercial goal. Any changes to the PAU will be communicated immediately.
These terms & conditions have been written in non-legal terminology. Other than pre-defined terminology, words and expressions are meant to carry their normal, common meaning, as understood by a reasonable person, in the context of these terms & conditions.
If a judge should decide that any part of these terms & conditions is invalid or void, the rest of the terms & conditions will remain in effect.
ListMessenger.net is not liable for any situation that results in an inability to meet its obligations, if that situation is caused by conditions we can not control.
Limitation of liability
The client has to agree that the services provided by ListMessenger.net are not suitable for use in situations where using or relying on the services could result in death of injury.
By requesting an account, the customer agrees to be bound by these terms & conditions, and also that the total liability for ListMessenger.net equals the amount paid by the customer to ListMessenger.net for the service.
The customer agrees that ListMessenger.net is not liable for any damages, either direct or indirect, in the form of losses, costs, expenses or claims, resulting from using these services or reselling.
Earlier versions of these terms & conditions
These terms & conditions have been changed on November 25, 2009. They replace all earlier versions of these terms & conditions.