PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY. YOU MUST AGREE TO ALL OF ITS TERMS BEFORE USING THE SERVICES AND PRODUCTS PROVIDED. BY PRESSIING THE BUTTON "SIGN UP FOR FREE IN SECONDS" FOLLOWED BY PROVIDING US WITH YOUR NAME AND OTHER REQUIRED PRIVATE INFORMATION, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND TO ABIDE BY THE TERMS OF THIS AGREEMENT WITHOUT LIMITATION OR QUALIFICATION AS IF YOU HAD SIGNED THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS THIS WEBSITE NOR PURCHASE ANY OF OUR SERVICES/PRODUCTS. EXPRESSPIGEON, INC. PROVIDES AN ADVANCED ONLINE SYSTEM THAT ALLOWS YOU TO COLLECT CONTACT INFORMATION, DESIGN/CREATE MESSAGES AND SEND COMMUNICATION TO THE AUDIENCE THAT GAVE YOU CONSENT TO DO SO. THE EXPRESSPIGEON.COM WEBSITE AND THE SERVICES AND PRODUCTS OFFERED ON IT (THE "SERVICES") ARE PROVIDED UNDER THE FOLLOWING TERMS AND CONDITIONS OF SERVICE AND USE (THEREAFTER "AGREEMENT"). AS USED ON THIS WEBSITE, THE TERMS "WE", "US" OR "OUR" REFER TO EXPRESSPIGEON, INC. THE TERMS "YOU" OR "YOURS" REFER TO CUSTOMER, EITHER INDIVIDUAL OR COMPANY IF YOU CLAIM TO HAVE LEGAL AUTHORITY TO SIGN ON BEHALF OF COMPANY AT THE TIME OF SIGNING THIS AGREEMENT. THIS AGREEMENT DESCRIBES THE TERMS AND CONDITIONS PURSUANT TO WHICH YOU MAY ACCESS AND USE THE SERVICES PROVIDED ON EXPRESSPIGEON.COM AND/OR PURCHASE ANY ASSOCIATED PRODUCTS OFFERED BY EXPRESSPIGEON, INC. IN CONSIDERATION OF EXPRESSPIGEON, INC. GRANTING YOU ACCESS TO EXPRESSPIGEON.COM WEBSITE AND SERVICES YOU HEREBY AGREE AS FOLLOWS:
We use the SPAM definition provided by Spamhaus:
Unsolicited means that the Recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages, all having substantively identical content. You are responsible for reviewing the CAN SPAM Act to ensure your compliance before loading lists of contacts onto our system.
You are allowed to use our service to send emails to the following recipients:
We will do everything commercially reasonable to ensure the uniform rendition of emails across a wide selection of email service providers and end user applications. However, we do not guarantee that every email will be rendered perfectly by every email client program. We put forth considerable efforts in ensuring the compliance of HTML generated by our systems with a multitude of email programs. Generally, you are safer when using our Composer to generate emails. If you use custom HTML templates, you need to perform extensive testing to ensure that it will render properly across email client programs used by your clientèle. We recommend that you perform testing of each newsletter before sending it; this can be done by using our "Quick Send" function.
You are prohibited from sending or linking to the following content while using our systems:
We reserve the right to monitor content of your campaigns and freeze or even permanently close your account if we deem your content inappropriate, based solely on our opinion.
By registering for our Service, you expressly acknowledge and represent that you are over 18 (eighteen) years of age and, therefore, have legal capacity to enter into an agreement enforceable by another party, and to be held liable for damages, costs and expenses.
If you select one of our Monthly Plans, you will be charged plan fees when you subscribe for a plan for the first time and then at the beginning of the next billing cycle. A billing cycle starts on your subscription date. For example, if you started a plan on the 5th day of the month, then all following billing cycles will start on the 5th day of the month for as long as you stay subscribed to our service. In edge cases, the closest date is selected. For example, if you subscribed for your plan on June 30th, then your next billing cycle will start on July 31st. If you subscribed on the February 29th, then the next billing cycle will start on March 31st. Therefore, we will pick the closest date to your subscription date.
You can upgrade your plan at any time. The upgrade will not affect your billing cycle. You will be charged a prorated amount for the remainder of the current billing cycle and a full amount for a new plan starting with the next billing cycle. For example, your current plan is $15.00/month, your billing cycle starts on the 1st of the month and you are upgrading to a new $30.00/month plan on the 19th of the month. We will charge your account ($30.00 - $15.00) * 21/31 = $10.16. However, starting with a new billing cycle, you will be charged a regular amount of $30.00 per month.
Downgrade works similarly to upgrade. The remainder of the balance on your plan will be used to cover the less expensive plan and your account will be credited for the next billing cycle. You will not be able to downgrade to a less expensive plan in cases when your contacts count exceeds limits of a plan you want to downgrade to.
We reserve the right to change plans and pricing at any time with or without notice. Changing plans and pricing will not affect currently active plans.
In most cases, and especially in cases of violation of the terms or the spirit of this Agreement, no refunds will be issued. We may consider your request for a refund in some situations. Therefore, if you feel strongly that you are entitled to a refund, please contact our support at: email@example.com.
Our services are provided in a form of a website and as a result require the use of a browser. The following browsers are supported by our systems:
The content of our Services and Website including without limitation software, text, music, sound, photos, graphics, video, design and other material contained in the Services or information presented through the Services by ExpressPigeon, Inc. is copyrighted by ExpressPigeon, Inc. under United States and international copyright laws, is subject to other intellectual property rights and laws, including trademark and patent laws, and is owned by ExpressPigeon, Inc. You shall not copy, modify, reproduce, republish, upload, transmit, post, sold, offer for sale, or redistribute the listed Content in any way without the prior written permission of ExpressPigeon, Inc. You must comply with all copyright notices and/or restrictions contained in or attached to any Content. The only exception are artifacts generated solely by you such as text of your newsletters and /or images that you upload and to which you hold the Intellectual Property rights. You shall not post or upload to our website or include into your newsletters any content to which you do not have your own Intellectual Property right.
You shall not attempt to decompile, disassemble, reverse engineer or decipher any of the software comprising any part of this site. You understand and agree that you will be solely liable for any and all damages arising from the infringement of intellectual property rights cause by your use of this site.
We have the right but not the obligation to review the Content on our Website and provided through the use of the Services and your account to establish compliance with the Agreement and to satisfy any law, regulation or authorized government request, or for other lawful purpose. You understand and acknowledge that we do not pre-screen or monitor Content for accuracy, reliability, or compliance with IP laws but that we and our designees shall have the right (but not the obligation) in our sole discretion to remove any Content from the Services for any reason without liability to you.
Without limiting the foregoing, we and our designees reserve the right to remove any Content that violates the Agreement that we believe may create liability for us, or that we deem otherwise objectionable.
Please notify us immediately at firstname.lastname@example.org if you become aware of any intellectual property rights violation by a company or individual using our services.
If you become aware of a problem email that you think originated from our Service, please report it on
our abuse desk:
ExpressPigeon Abuse Desk
THIS SITE IS PROVIDED BY EXPRESSPIGEON, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY THAT THE SITE WILL MEET ANY PARTICULAR STANDARD OF PERFORMANCE OR QUALITY. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE USABILITY OR OPERATION OF THIS SITE; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR WITHOUT ERRORS; THAT DEFECTS IN THE SERVICES WILL BE CORRECTED; OR THAT THE EXPRESSPIGEON.COM WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSPIGEON, INC. DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY AND ACCURACY. EXPRESSPIGEON, INC. MAKES NO REPRESENTATION OR WARRANTY THAT ANY COMMUNICATION OR MATERIALS ON THE SITE ARE LAWFUL IN OTHER JURISDICTIONS OR AVAILABLE FOR USE IN ALL JURISDICTIONS, AND ACCESSING THEM FROM TERRITORIES WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED. YOU EXPRESSLY AGREE THAT IF YOU ACCESS OUR SITE FROM ANOTHER JURISDICTION YOU ARE FULLY AND SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.
You agree to the fullest extent permitted by applicable law to indemnify, defend and hold harmless ExpressPigeon, Inc., its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all third-party claims, liabilities, direct, indirect, incidental, consequential, punitive, or special damages, costs, expenses, and fees (including reasonable attorneys' fees) arising under breach of contract, strict liability, tort, breach of warranty, or otherwise that such parties may incur as a result of or arising from:
Some of the above disclaimers and limitations may not be applicable to you if you live in jurisdiction that does not allow the exclusion of certain warranties and the limitation of liability for incidental or consequential damages. Therefore, in jurisdictions where we may not disclaim any implied warranty or limit its liability as a matter of applicable law, the scope and of such warranty and the extent of our liability shall be the minimum permitted in those jurisdictions.
You assume sole responsibility for risk of loss resulting from your use of the website and any Services we provide. You acknowledge and agree to release ExpressPigeon, Inc., its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from liability for any damages you may incur as a result of using our website and Services arising under breach of contract, strict liability, tort, breach of warranty, or otherwise. Your recovery will be limited to a single monthly amount of your current plan at the time when a claim is made if you are using monthly plans based on the size of your contact lists. If you are subscribed to a "Pay-per-Usage" plan, the amount of recovery will be limited to $15.00, and if you are using a free plan, the amount of recovery is equals to $0.00 You, therefore, release us from any and all other liabilities and claims in excess of this limitation.
You acknowledge and agree that we may recover reasonable damages from you in the event that you abuse our systems or violate this Agreement.
If you violate this Agreement and we prevail in a law suit against you, you will be responsible for all damages associated with that case as well as all costs and reasonable attorney′s fees that we had incurred.
We may suspend/freeze you account in our sole discretion if we detect a suspicious activity. A suspicious activity is the activity that violates the terms or spirit of this Agreement.
You acknowledge and agree that we, at our sole discretion, may terminate your password, account or access to and use of the Services, and remove any information posted by you on or through the Services, with or without cause, with or without notice and effective immediately, including if we believe that you have violated the terms or spirit of this Agreement. You agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to the services. You may terminate this Agreement and your access to the Services at any time and for any reason by providing notice to us. For refund related information, please see "Refunds" section above.
ExpressPigeon, Inc. reserves the right at its sole discretion to change, modify, add or remove portion of this Agreement at any time without notice or liability. Such modification shall become effective upon posting on the Website and the date of the last update can be found at the bottom of this Agreement. Your use of the services on this Website following any such modification shall constitute your acceptance of said modification. If you object to any changes, your sole recourse shall be to stop using the Services. Continued use of the Services following notice of any changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of those changes, without limitation.
EspressPigeon, Inc. reserves the right to modify or discontinue (temporarily or permanently) the Services (or any part thereof) with or without notice to you. In the event that the Services are discontinued due to your violation of this Agreement, we will issue no refund of the fee. We will correct temporary disruptions of service as fast as practicable. However, we shall not be liable to you or any third party if we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse shall be to stop using the Services. Continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes and satisfaction with the Services as modified.
You may not assign any of your rights hereunder. We may assign all rights to any other individual or entity at our discretion.
This Agreement and the use of the ExpressPigeon.com Website and Services are governed by and will be interpreted in accordance with the laws of the State of Illinois, United States of America, excluding its conflict of laws provision and without regard to the location of execution or performance of this Agreement. All lawsuits arising out of the Agreement or out of your use of the Services shall be brought in the federal or state courts having jurisdiction over Lake County, Illinois. Parties consent to the exclusive personal jurisdiction of the courts of the State of Illinois and the federal courts situated therein in connection with any action arising from or in connection with this Agreement. Parties hereby waive personal service of any summons, complaint or other process in any action in the State of Illinois and agree that all service thereof may be made by registered mail, return receipt requested to the other.
Except as specified in the "Choice of Law" provision, all notices to you and other communications hereunder shall be effective and deemed to have been duly given to you when sent to the last physical address or email given to us by you. Notice to ExpressPigeon, Inc. shall be effective upon delivery to us atExpressPigeon, Inc.
We may change the address to which notice is to be sent by posting it on our Website.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable or illegal for any reason, such provision shall be construed as nearly as possible to reflect the original intent of the parties, and all other provisions, if capable of substantial performance, shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
We shall not be held liable or considered to be in breach of this Agreement, on account of any delay or failure to perform as a result of any acts of God, acts of any political entity, or natural disasters, or any other causes or conditions that are beyond our reasonable control and not the result of our negligence. Should any such event occur, we will use commercially reasonable efforts to minimize the impact of the event.
Any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the party that drafted it has no application to this Agreement and is expressly waived.
The provisions of Sections 13, 16, 17, 18, 19, 21, 28, 29, 30 as well as any other limitations on liability explicitly set forth herein shall survive the expiration or termination of this Agreement for any reason. ExpressPigeon, Inc. proprietary rights (including any and all intellectual property rights) in and to the Content and the Services shall survive the expiration or termination of this Agreement for any reason.
This page was last updated on June 6 2013