EXPRESSPIGEON, INC. TERMS OF SERVICE AND USE AGREEMENT
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:
1. General rules
- You shall not use our systems to send SPAM
- You shall not open multiple accounts in order to circumvent our plan policies
- You shall not send emails produced by our system from other services
- You shall not reverse-engineer any content artifacts, code or HTML we provide to you as part of our services. This also includes email formats generated from our systems
- You shall not host images on our sites that are not used in emails sent from your systems
- You will provide us with your real and correct name, address and all other personal information required for proper functions of our systems
- You shall not incorporate into your E-mail any artifacts including but not limited to text, images, etc that we have not provided to you or ones to which you do not have intellectual property rights
- You shall not post any material that contains sexually explicit, hateful, threatening, or defamatory text or photographs
- You shall not share your account or your password with anyone else
- You shall not manipulate our system to send more messages than your current plan allows
2. SPAM related rules
We use the SPAM definition provided by Spamhaus
Unsolicited means that the Recipient has not granted verifiable permission for the message to be
Bulk means that the message is sent as part of a larger collection of messages, all having
identical content. You are responsible for reviewing the CAN SPAM Act to ensure your compliance
loading lists of contacts onto our system.
- You are absolutely prohibited to use our system for SPAM regardless of circumstances or reasons.
- You shall not use rented email lists
- You shall not use purchased email lists
- You shall not use third party lists of any kind
- You shall not use our services to send emails with false or misleading headers, images or content
You are allowed to use our service to send emails to the following recipients:
- Those who opted in for these communications using subscription forms (yours or the ones we provide)
- Those opted in by other means if the sender can produce verifiable documentation to prove it
- Those that have purchased services and products from you and with whom you need to maintain a
business relationship (in which case you are only allowed to communicate information related to
- Those double-opted using our Service
3. Quality of HTML
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.
4. Prohibited content
You are prohibited from sending or linking to the following content while using our systems:
- Explicit nudity
- Obscene content
- Any gambling related content
- Selling pharmaceutical products of any kind
- Bootleg content (music, software, movies, video, etc.)
- Computer viruses or any other computer code, files or programs designed to interrupt, limit or destroy the functionality of the computer software.
- Hateful content (inciting violence)
- Any content that is illegal according to applicable laws or that you do not have a right to transmit under contractual relathionship
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.
You are required to provide certain personal information to us as part of the registration process. All
uses of your private information will comply and be in accordance with our
posted on our
site as a separate web page and incorporated by reference into this Agreement
7. Billing Cycle
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
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.
10. Plan and Pricing Changes
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.
12. System requirements
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:
- Internet Explorer 8 and up
13. Intellectual Property and Restriction on Use
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
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
14. Intellectual rights violations
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.
15. Report Abuse
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
16. Disclaimer of Warranties
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.
17. Limitation of Liability and Indemnification
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:
- your (or anyone using your account) use or inability to use the Services
- any information or content that you (or anyone using your account) submit, post or transmit through the Services
- your (or anyone using your account) violation of this Agreement
- your (or anyone using your account) violation of any rights of any other person or entity including any infringement of the intellectual property rights
- any viruses, Trojan horses, worms or other similarly harmful or deleterious programming routines input by you into the ExpressPigeon.com Website
- unauthorized access to or alteration of your transmissions or data
- your failure to adequately protect your password and/or access to Service
- the failure to store or deletion of any Content transmitted or maintained by our Service
- termination of your access to website or use of the Services as described in this Agreement
- any other matter related to the Services of this Agreement
18. Exclusions and Limitations
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.
20. Liquidated damages
You acknowledge and agree that we may recover reasonable damages from you in the event that you abuse
our systems or violate this Agreement.
- a. You are prohibited from using our system to send SPAM as detailed in section 2. This is
detrimental to you, detrimental to people receiving it, and also detrimental to our business. If
you use our systems to send SPAM, our IP addresses can be blacklisted by major ISPs which will
affect other members′ ability to send legitimate emails and ultimately will reflect badly on our
bottom line. Therefore, we will vigilantly enforce this Agreement and impose steep penalties on
SPAM-mers which include a single fine of up to $1000.00 or your monthly plan fee multiplied by 60,
selecting whichever one at our discretion. In addition to that, your account will be closed immediately and
- b. You are prohibited from unauthorized use of our systems to host images. You have an option to
host images on our servers. However, you can only host images that are embedded in the emails
that you are sending out using our systems. You may not host images on our systems for any other
purpose or reason than described in this section. If we detect unauthorized hosting of images,
you will be fined $1000.00 and your account will be closed forever.
- c. You may not use our advanced Composer to create an email and then send it using a different
service. You will be fined $500.00 for doing so and we will forever close your account.
- d. You may not use our banner editor to produce custom banners and then send them from
different services. You will be fined $500.00 for doing so and we will forever close your account.
21. Attorneys fees
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
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.
24. Modification of Terms
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,
25. Modifications of Services
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.
27. Complete Agreement
available on this website is incorporated by reference into this Agreement. This
Agreement, together with any terms and conditions incorporated herein constitute the entire and
exclusive and final statement of the agreement between you and ExpressPigeon, Inc. with respect to the
subject matter hereof, and govern your use of the Services, superseding any prior agreements or
negotiations between you and ExpressPigeon, Inc. with respect to the subject matter hereof.
28. Choice of Law, Jurisdiction and Disputes
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
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
113 N. McHenry #128
Buffalo Grove, IL 60089
We may change the address to which notice is to be sent by posting it on our Website.
30. Waiver, Severability, Statute of Limitations
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
31. Force Majeure
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
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
This page was last updated on June 6 2013