Ascend Internet Limited

Email Newsletter System Conditions of Business

The Ascend Internet Email Newsletter System (the "Service"), is a web based software application that offers businesses and web site operators a software application for HTML design, email list management and statistical analysis tools. The Service cannot be used for does not allow unsolicited commercial emails (UCE). By requesting an account (trial and full) you are agreeing to these terms and conditions.

The Ascend Internet Email Newsletter System service and support offering
Ascend Internet may modify the terms of the Agreement and may discontinue or change any aspects of the Service at its sole discretion. Any changes to the application or the terms and conditions become effective upon those changes being made live on the www.ascendinternet.co.uk web site.

The Service is pre-paid (pay-as-you-go) fees. When the free trial period has been completed Ascend Internet reserves the right to suspend your account unless you purchase pay-as-you go credits.

Pay-as-you-go credits are purchased in advance at the set price for the amount you intend to purchase. These pay-as-you-go credits remain on your account until you have used them. In the event that you purchase pay-as-you-go credits your account will remain open as long as one (1) send credit remains on your account.

Restrictions and Responsibilities
Ascend Internet reserves all rights other than those expressly granted in this Agreement, and no licenses are granted except as expressly set forth herein.

You will not contest the validity of Ascend Internet with regard to trademarks or other brand features or content during the term of this Agreement, or after the expiration of this Agreement.

You acknowledge that Ascend Internet owns all rights, titles and interests in and to the Ascend Internet Email Newsletter System including any and all proprietary rights.

The Ascend Internet Email Newsletter System may only be used in compliance with the US CAN-SPAM Act and the European Privacy Directive and all other applicable laws. You may not use third party mailing lists to distribute unsolicited email to any third party. You agree to indemnify and hold harmless Ascend Internet against any damages, losses, liabilities, settlements, and expenses in connection with any claim or action that arises from an alleged violation of any national or international laws resulting from your illegal use of the Ascend Internet Email Newsletter System.

Ascend Internet reserves the right to monitor the newsletters created by you and your use of the Ascend Internet Email Newsletter System. Ascend Internet also reserves the right to remove any content or immediately suspend use of the Ascend Internet Email Newsletter System, if it believes that use is in violation of any national or international laws.

Ascend Internet will automatically append an "unsubscribe" link to all outgoing email which will allow visitors to remove themselves from your mailing list. Ascend Internet may immediately suspend your account if you make any attempt to remove or disable this link.

Graphicmail will automatically append a "Powered by Ascend Internet" footer and link to Ascend Internet to all outgoing email. Ascend Internet may immediately suspend your account if you make any attempt to remove or disable this footer and link, unless you have come to a commercial agreement with Ascend Internet about the removal of the footer and link.

Your customer information will not be shared with any other parties, unless required under law. Ascend Internet will not use your customer information for the purpose of sending unsolicited commercial e-mail. Ascend Internet may use this information and any technical information about your use of the Services to facilitate your use of the Ascend Internet Email Newsletter System or in communications with you.

You will comply with the Ascend Internet Privacy Policy and the Anti-Spam Policy, which may be modified by Ascend Internet from time to time.

Termination
This Agreement will have a term beginning on the payment date of the first purchase of pay-as-you-go credits. You may terminate this Agreement at any time by sending an email to support@ascendinternet.co.uk.

Ascend Internet may immediately terminate this Agreement and suspend access to the Ascend Internet Email Newsletter System without refund if you are in violation of any of terms outlined in this agreement. Ascend Internet is not liable for any commercial damage to you as a result of it’s decision to terminate or suspend your account.

Ascend Internet reserves the right to delete any account data within 30 days after the date of termination

Warranty Disclaimer
THE ASCEND INTERNET EMAIL NEWSLETTER APPLICATION AND ANY RELATED SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTY, AND ASCEND INTERNET EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING SUCH SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

Each Party agrees to indemnify and hold harmless the other party from and against any losses, claims, liabilities, damages or expenses, including reasonable attorney’s fees, directly arising from a material breach of this agreement by the other party.

Limitation of Liability
Each Party agrees to indemnify and hold harmless the other party from and against any losses, claims, liabilities, damages or expenses, including reasonable attorney’s fees, directly arising from a material breach of this agreement by the other party

Ascend Internet reserves the right to revise these Terms and Conditions at any time.

© 2008 Ascend Internet Limited. All rights reserved.