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Terms of Use

mailPlants Terms of Use

This Terms of Use Agreement (Agreement) constitutes the entire and only agreement between mailPlants (the Site) licensed by eHumus Inc. (the company) and you.

The agreement outlines the registration agreement, acceptable use of this site, as well as other necessary terms of use. We may amend this agreement at any time without specific notice to you; therefore, you should review this agreement prior to using the site. Please read mailPlants site’s terms of use carefully.

By creating an account at the site, as a user, you agree to comply with and be bound by the agreement.

If you do not agree to the agreement, you are not allowed to use the site and its services.

The site’s service, including the Privacy Policy and the Anti-Spam Policy may be disabled or amended by us without prior notice. However, changed content(s) will be posted on the site. Any changes made to the site or any of our policies are effective immediately.

Pricing Policy

- This site utilizes a prepaid service.
- The usage of your service is dependent on the chosen play that you pay for.
- Once the free trial period expires, any mail that is sent through this service provided by this website is strictly prohibited.
- Our pricing plans on sending emails may be amended at any time.
- If we plan to change any pricing plans, we will amend the site one month prior to allow proper notice.
- If you pay for any service before an amended pricing plan becomes effective, you have the option to be grandfathered into the prior pricing plan and utilize those services.

1. When you change from a monthly plan to a pay-as-you-go plan

a. It will take effect immediately
b. If you change mid-billing cycle
i. Your credit back amount = Prorated daily amount * Remaining days in your monthly plan
ii. Balance due will be calculated after applying any available credit
c. The number of contacts to whom you can send will be determined by your sending credit balance

2. In the case that you submit payment for a new month at the same rate when time remains in your current billing cycle

d. 30 days will be added to the remaining days in your current cycle
e. Future payments will be charged 30 days from the new payment date

3. When you change monthly service plan levels

Increasing your level
f. It will take effect immediately
g. Payment amount
i. Credit for remainder of current plan = Prorated daily amount * Remaining days in your monthly plan
ii. Balance due will be calculated after applying any available credit
h. The number of contacts to whom you can send will be determined by your new monthly service level
i. Future payments will be charged 30 days from the new payment date

Downgrade

a. It will take effect immediately
b. The number of contacts to whom you can send will be determined by your new monthly service level
c. Future payments will be charged 30 days from the new payment date

4. When changing from a pay-as-you-go to a monthly service plan

j. It will take effect immediately
k. Receiving credit for unused sending credits
i. Credit for remaining sending credits = Remaining sending credits * $0.0125
l. Balance due will be calculated after applying any available credit
m. The number of contacts to whom you can send will be determined by your new monthly service level
n. Future payments will be charged 30 days from the new payment date

5. When purchasing additional credits for your pay-as-you-go plan

o. It will take effect immediately
p. Additional credits will be added to your existing sending credits balance
q. The number of contacts to whom you can send will be limited by the number of sending credits available in your account

6. In the case that you have an available credit that is more than your balance due

mailPlants’ policy is to credit up to one month’s balance, but excess credit will not be carried over to the next month.

Refund Policy

a. mailPlants’ policy is to not provide refunds.
b. In the case of circumstances outside of mailPlants’ control, refunds will not be provided. Such circumstances include natural disasters, governmental intervention, along with any outside forces outside of our control.
c. Accounts that are cancelled for excessive hard bounces, spam complaints, and/or spam traps will not receive a refund.
d. Accounts that are cancelled for violation of our Anti-Spam Policy will not receive a refund.

Cancellation

1. You the user can close your paid account at anytime you want through the site.
2. The company will not be liable for any kind of monetary compensation due to your own action of cancelling or closing your account.
3. The company has the right to remove all of your account data within 30 days of closing your paid account.
4. mailPlants reserves the right to cancel any accounts who display an excessive hard bounce or spam complaint rate as well as accounts who target spam traps.

Disclaimer of Warranties

1. The company will be exempt from the responsibilities of providing the service if the company is affected by irresistible forces such as natural disaster or war.
2. The company will be exempt from the responsibilities of providing the service if the telecommunication company stops or provides irregular service to the site’s server.
3. The company will be exempt from any liabilities, damages and costs due to unavoidable reasons such as server repair, replacement, routine
maintenance, construction, etc.
4. The company will not be liable for any risk arising from your use of this site’s service.
5. The company will not be liable for any damages caused from errors by your computer or if you erroneously enter any incorrect customer’s
information, including email address.
6. The company will not be liable for any loss or revenue that did not reach your estimated value using this site.
7. The company will not be liable for any loss from the data you gained using the site. Also, the company will not be liable for any type of mental, physical, emotional, or financial damage that you receive from other members of this site.
8. The company will not be liable for any kind of information, content, messages, posts, pictures, or any other form of data, which are posted by other members.
9. The company does not have any obligation to intervene the disputes between you the user and other third party members that utilize this site.
10. The company will not be liable for any monetary compensations caused by disputes, litigations, and any other legal action of any kind.

Limitation of Liability

EXCEPT WITH RESPECT TO DEATH OR PERSONAL INJURY DUE TO THE NEGLIGENCE OF MAILPLANTS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MAILPLANTS OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, THIRD PARTY SUPPLIERS AND PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “MAILPLANTS”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF MAILPLANTS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF MAILPLANTS TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APPLICABLE PRODUCT IN THE 12 MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY MAILPLANTSTO YOU IN THAT 12 MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

This Agreement is effective as of October 8, 2012 and its contents take precedence over all previous terms.

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