Privacy Policy - Terms & Conditions

Privacy Policy

Our Commitment To Privacy
At SambaMail.com your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.

The Information We Collect:
This notice applies to all information collected or submitted on the SambaMail.com website. On some pages, you can order products, make requests, and register to receive services. The types of personal information collected at these pages are:

Name
Address
Email address
Phone number
Credit/Debit Card Information
(etc.)

The Way We Use Information:
We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.

We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.

We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

Notification of Changes
If we decide to change our privacy policy, we will post those changes on our website. So our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.


How To Contact Us
Should you have other questions or concerns about these privacy policies, please email us at ContactUs@SambaMail.com

Terms & Conditions

PLEASE READ THROUGH THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. BY PURCHASING ANY PRODUCT OR SERVICE FROM THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE.

SambaMail.com provides businesses with a wide variety of email marketing tools to create, launch, and manage online email marketing campaigns. SambaMail.com Products and Services may not be used for sending unsolicited email, also known as SPAM.

The following are the terms and conditions for access to this web site and use of the Products and Services. By purchasing and Product or Service you accept the terms and conditions.

Products and Services in the terms & conditions are defined as any product or service purchased from SambaMail.com

1. Acknowledgements

Subject in each case to the terms listed in this Agreement, you hereby acknowledge and agree that:

  • The Products and Services purchased may not be used for the sending of unsolicited email, also known as SPAM.
  • The Products and Services may only be used for lawful purposes.
  • All email message sent by you must abide by the laws of the CAN-SPAM Act. For more information on this act visit: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.shtm
  • You understand and agree to our Privacy Policy, and understand that our Privacy Policy and our Terms & Conditions may change at any time without notice.

 

2. Payment and Cancellation Policy

2.1 Payment Payment made through our web site if safe and secure. By purchasing any product or service from our website you agree that you accept our Privacy Policy and our Terms & Conditions. Any payment made for a recurring service from SambaMail.com will be billed monthly on the same date every month. If payment does not clear your service may be shut down until payment is made. For services with a recurring payment, a valid form of payment must be kept on file with our merchant services provider at all times.

2.2 Cancellation Policy All of our products and services with recurring billing are subject to our cancellation policy. At any time you may cancel your service with SambaMail.com without any cancellation penalty. SambaMail.com must be given notice by Email, Phone, or Mail if you wish to cancel your service. If cancellation is made by phone your service will be cancelled immediately. If a cancellation request is made be email or postal mail, cancellation will be made within 24-72 hours of receipt on notice of cancellation. You understand that this 24-72 period does not include weekends or holidays.

3. Email, Permission Practices and Prohibited Content

3.1 Subscriber Opt Out. Every email message sent in connection with the Products and Services must contain a working "unsubscribe" link that allows subscribers to remove themselves from your database. You understand that you will not remove, disable or attempt to remove or disable the unsubscribe link. You understand ultimately it is your responsibility to monitor and process any unsubscribe requests received by you within 10 days of request, and update the email addresses to which messages are sent through your SambaMail account.

3.2 Permission Practices. You agree to import, access or otherwise use only Permission Based Lists in connection with your use of the Products and Services. You agree that you shall not utilize the Product or Service to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003). You are responsible for ensuring that your email marketing campaigns do not bring back spam complaints. SambaMail.com reserves the right to terminate your use of its Products or services if SambaMail.com determines that the number of spam complaints coming from yout use is higher than industry normal.

3.3 Footers. For every email message sent in connection with the Products and Services, you acknowledge and agree that SambaMail.com may add an identifying footer stating "Powered by SambaMail.com" or a similar message.

3.4 Prohibited Content. SambaMail.com prohibits the use of the Products and Services by any person or entity that:

  • Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video and software; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
  • Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.
  • Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, work at home businesses, credit or finance management, and mortgage finance offers, DJ/nightclub, event/club promotions/party lists, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing and college and pro sporting events.
  • Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
  • Posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in the case of a minor).
  • Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
  • Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
  • " Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting "get rich quick", "build your wealth" and "financial independence" offerings.
  • Engages in any libelous, defamatory, scandalous, threatening, harassing activity.
  • Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
  • Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.

 

3.6 Right to Disable Access. SambaMail.com, at its own its own discretion, may immediately terminate your access to the Products and Services without refund if SambaMail.com believes in its sole discretion that you have violated any of the policies or terms listed above or elsewhere in this Agreement.

4. Restrictions and Responsibilities

4.1 Compliance with Laws; Monitoring. You shall use the Products and Services only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws). SambaMail.com has no obligation to monitor the content provided by you or your use of the Products and Services, SambaMail.com may do so and may block any e-mail messages, remove any such content or prohibit any use of the Products and Services that SambaMail.com believes may be in violation of the foregoing.

4.2 Indemnification. You hereby agree to defend, indemnify and hold harmless SambaMail.com and its business partners, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages you distribute using the Products and Services or (iii) otherwise arises from or relates to your use of the Products and Services. In addition, you acknowledge and agree that SambaMail.com has the right to seek damages when you use the Products or Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.

5. Termination

You may terminate this Agreement at any time by calling SambaMail.com. There are no refunds for any fees paid.

SambaMail.com may terminate this Agreement or the Products or Services, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. SambaMail.com shall have no liability to you or any third party because of such termination or action.

6. Warranty Disclaimer; Remedies

USE OF THE PRODUCTS OR SERVICES AND ANY RELIANCE BY YOU UPON THE PRODUCTS OR SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. SAMBAMAIL.COM DOES NOT WARRANT THAT THE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCTS OR SERVICES. THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND SAMBAMAIL.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or nonperformance of the Products or Services shall be for SambaMail.com to use commercially reasonable efforts to adjust or repair the Products and/or Services.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SAMBAMAIL.COM OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "SAMBAMAIL.COM") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF SAMBAMAIL.COM SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, SAMBAMAIL.COM IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF SAMBAMAIL.COM TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS AND/OR SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY SAMBAMAIL.COM TO YOU IN THAT TWELVE (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.

8. Restricted Persons; Export of Products and/or Technical Data

You hereby warrant that you are not a Restricted Person. For purposes of this Agreement, you are a Restricted Person if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using the Products and/or services is (1) a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (2) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (3) listed on the Denied Persons List or Entity List by the U.S. Commerce Department; (4) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (5) owned, controlled, or acting on behalf of a Restricted Person. If you become a Restricted Person during the term of this Agreement, you shall notify SambaMail.com within twenty-four (24) hours, and SambaMail.com shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you, but without prejudice to your outstanding obligations to SambaMail.com.

You agree that you shall not utilize the Products and/or Services to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of the Products, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.

9. Links to Third-Party Web Sites

This web site may contain links to Third Party web sites. These links are provided to you as a convenience, and SambaMail.com is not responsible for the content of any linked web site. Any Thrid Party web site accessed from this web site is independent from SambaMail.com, and SambaMail.com has no control over the content of that web site. In addition, a link to any Third Party web site does not imply that SambaMail.com endorses or accepts any responsibility for the content or use of such web site.

10. Login Access, Username and Password

You are ultimately responsible for maintaining the security of your account, passwords, and files. SambaMail.com will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password on-line, by e-mail or by phone. SambaMail.com has no knowledge of your organizational structure, if you are registering for the Products and/or Services as an entity, or your personal relationships, if you are a person. SambaMail.com shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password.

Additional Information

If you have any questions about the Privacy Policy and/or the Terms and Conditions above, please contact SambaMail.com by email at ContactUs@SambaMail.com.

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