Our terms are intended to define our superior service and compliance with anti-spam regulations. By using LeaderSend, you are agreeing to be bound by the policies stated therein. With this in mind, we recommend you take a few moments and have a read through.
IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL NOT BE ALLOWED TO USE THE SERVICES. THIS IS AN AGREEMENT FOR SERVICES AND YOU ARE NOT BEING GRANTED A LICENSE TO ANY SOFTWARE UNDER THIS AGREEMENT.
You are responsible for assuring that all the terms and conditions of this Agreement are complied with.
Service & Support
1. LeaderSend provides on demand software and services ("Services") for the electronic distribution of system generated / transactional email messages to customers ("Recipients"). Among other email tools, we provide email delivery mechanism control, reporting and other advanced automation features. LeaderSend assumes that its Services are used by you for business purposes. Our customers retain and authorize LeaderSend to transmit messages and provide information to their Recipients on their behalf. In the course of providing those Services, Customers provide us with personal information relating to their Recipients.
2. The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.
4. You must complete the signup form in order to use the Services. You agree that all information provided by you in connection with the registration and sign-up process will be true, accurate, current, and complete. As part of the registration process, you will identify an email and password for your LeaderSend account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name. LeaderSend reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
Customer Restrictions and Responsibilities
1. This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services or the LeaderSend software ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business purposes only (civic or charitable) and you shall not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party.
2. You acknowledge and agree that the Software and the LeaderSend company names and logos and all related product and service names, design marks and slogans, are the property of LeaderSend or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of LeaderSend. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks, except as explicitly granted herein. All ownership rights remain in LeaderSend or its third party suppliers, as the case may be.
3. You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless LeaderSend against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. Although LeaderSend has no obligation to monitor the content provided by you or your use of the Services, LeaderSend may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
4. Transactional email messages containing commercial information sent in connection with the Services must contain an "unsubscribe" link that allows visitors to remove themselves from further messages. You acknowledge and agree that you will not remove, disable or attempt to remove or disable such link. You agree to only send messages to permission-based contact emails (note: purchased lists may not be used, please contact LeaderSend if you have questions). You cannot mail to distribution lists (without permission), newsgroups, or spam email addresses. You cannot copy any Software template and use the design for purposes other than sending emails using the Services. LeaderSend, at its own discretion, may immediately disable your access to the Services without refund if LeaderSend believes in its sole discretion that you have violated any of the restrictions listed above.
5. Without any limitations, the Customer is particularly obliged not to send unsolicited messages ("spam"). LeaderSend may not be used to send emails to individuals that have not opted-in to receive information via email from your company.
6. For every email message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating "Email Sent by LeaderSend" or a similar message unless you are a paid user and have option to remove footer. You agree to cooperate with and provide reasonable assistance to LeaderSend in promoting and advertising the Services.
7. LeaderSend will not use your customer list or any other customer information for any purposes other than those intended with the Services. Your customer information will not be shared with any other parties. In addition, LeaderSend will not use your customer information for the purpose of sending unsolicited commercial email.
8. LeaderSend requires all new accounts to be reviewed by the LeaderSend staff in order to verify that no spam and/or illegal contents will be sent through our network. A hold limit for sending may be placed in the account until the reviewing process is completed.
9. As an End User of the Service, you will receive an end user account and password to access said account. You are solely responsible for maintaining the confidentiality and security of your account and password. You are solely responsible for any and all activity that occurs within your end user account while using the Service, including, but not limited to, the content located in all electronic mail messages sent through the Service from your account. You may modify or change your password at your sole discretion, at any time, by following the instructions located on the LeaderSend web site. You expressly agree to promptly notify LeaderSend of any unauthorized use of your account or any other breach of security.
10. LeaderSend Services are not inteded and can not be used for promotional and advertising marketing newsletter delivery. The Service is inteded purely for system generated emails messaging.
Prohibited Content & Industries
LeaderSend prohibits the use of the Services by any person or entity that engages in any of the following:
- Provides, sells or offers to sell the following products or content (or services related to the same): pornography or illicitly pornographic sexual products; 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 material that exploits children, or otherwise exploits children under 18 years of age
- Provides, sells, or offers to sell or rent any mailing list
- Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online pharmacies, pharmaceutical products, nutritional supplements, herbal supplements, vitamin supplements, work at home businesses, credit or finance management, mortgage and debt relief offers.
- Introduces and advertises online trading, day trading tips, or stock market related content
- 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 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
- Markets or promotes any form of online or offline gambling
- Promotes, solicits or participates in pyramid schemes or multi-level marketing (MLM) businesses
- 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
LeaderSend reserves the right to prohibit the use of the Services by any person or entity if LeaderSend, believes in its sole discretion, that such use may violate any federal, state or local, law, rule or regulation.
Sending unsolicited email is forbidden, see our Anti Spam Policy for more details. If you are unsure about how this applies to your email content, please contact our Technical Support Team before using the service.
Subscription & Payments
1. Free Plan
In the event Customer elects to use the Services for free, Customer will not be billed for such use for a During the Free Plan usage period, Customer may use the Services subject to the subscriber limits posted on the Site. The subscriber limits for the Free Plan are subject to change at any time. Once Customer reaches the maximum daily limit of 200 emails per day, Customer may purchase a monthly or annual subscription for the Services.
Free plan accounts are limited to 200 email credits per day. Every message is subject to manual message review during the trial period. Messages may be delayed as a result. You may upgrade your account at any time. LeaderSend has a no tolerance spam policy that we take very seriously. Your account will be terminated if you send unsolicited email messages.
2. Monthly Plans
In the case of the Monthly Plan, you will be billed monthly. If the monthly pre-payment subscription payment option is selected, you hereby authorize LeaderSend to charge your credit card for such amounts on a monthly basis; generally on the first day of each month. Fees are payable in US dollars. If you choose to pay fees with a credit card you agree to pay them in the form of a recurring payment, under which the subscription fee is deducted automatically based on the Account plan you have chosen. The recurring payment is initiated on the first day after the expiration date of the previous subscription (hereinafter referred to as the "recurring payment date"). If LeaderSend is for any reason unable to receive an automatic payment via your credit card, you will be notified via email and your LeaderSend account may be disabled and/or the your ability to use the Services suspended, until payment is received. You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by LeaderSend.
Our charges for monthly plans are posted on our Website and may be changed from time-to-time. Payments are due for the full month for which any part of the month is included in the "Term." Payments are due for any month on the same date, or the closest date in that month, to the date of the month you signed up with us and made your first monthly payment (the "Pay Date"). For any month for which you have already paid, for which you increase the number of Emails you send out to an amount that causes you to go to another pricing level, except as otherwise provided in this Agreement, you will be required to pay at the higher level on or before the Pay Date for the following month.
As long as you are a Member or have an outstanding balance with us, you agree to at all times provide us with valid credit card information. Any individual using a credit card represents and warrants that he or she is authorized to use such credit card and that any and all charges may be billed to such credit card and will not be rejected.
Paid Subscription Fees are non-refundable. Customer acknowledges that from time to time, delivery of email messages sent using the Services may be blocked or prevented at destination email servers. Customer's payment obligation set forth herein continues regardless of whether delivery of such email messages is prevented or blocked by a third party.
Recurring payment from your credit card will be made in accordance with the information you have provided. The Company will not be responsible for any loss which may arise by reason of any error, mistake or fraud with regard to such information.
Disclaimer & Warranties
1. Use of the services and any reliance by you upon the services, including any action taken by you because of such use or reliance, is at your sole risk. All content, tools, functions and services provided by LeaderSend on an “as is” and “as available” basis. LeaderSend expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. LeaderSend makes no warranties that the Service will meet your requirements and/or be uninterrupted, timely, secure or error-free. LeaderSend makes no warranty regarding any goods or services purchased or downloaded through the use of the Service or any third-party links or any information obtained or transactions entered into through the use of the Service. No advice or information, whether oral or written, obtained by you from LeaderSend shall create a warranty not expressly stated herein. Furthermore, LeaderSend makes no warranties concerning the suitability of the content provided through the Service for any purpose.
2. Your sole and exclusive remedy for any failure or nonperformance of the services shall be for LeaderSend to use commercially reasonable efforts to adjust or repair the services.
3. LeaderSend guarantees an average up-time of 99.5% per month of the Service on the condition of full availability of the services of its Internet and Telecom Providers.
4. LeaderSend does not guarantee any minimum response times nor deliverability times in connection with performance of the Service.
Termination / Cancellation Policy
1. The Customer may terminate the Service at any time with effect from the day in which the paid subscription has expired. Termination of the Service does not affect the Customer’s obligation to pay any late payments related to the use of the Service.
3. If the Customer wishes to terminate the Service, they are required to send a cancellation request to the Billing Department at: sales (at) leadersend.com and provide at least the account name and the email address, no later than two business days prior to the recurring date.
4. The Customer may also manually terminate the Service by closing the account within Settings section of LeaderSend account, when logged in.
5. LeaderSend reserves at its sole discretion the right to terminate the LeaderSend account in the event of not receiving a due payment or a recurring payment.
6. LeaderSend may terminate this Agreement or the Services at any time with or without cause, and with or without notice. LeaderSend shall have no liability to you or any third party because of such termination. If LeaderSend terminates this agreement because you violated the Anti-SPAM Policy, no refund will be issued.
7. Emails that you send through the Service may generate abuse complaints from recipients. As a matter of privacy, LeaderSend cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. LeaderSend, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.
LeaderSend, at its own discretion, may immediately disable your access without refund to the Services if LeaderSend believes in its sole discretion that you have violated any of the email and permission practices listed above, or the LeaderSend Anti-Spam Policy.
8. We are required to provide a refund only if we terminate our Services to you without cause before the end of a month for which you have paid. There is no other circumstance in which you will be entitled to a refund from us. We may, at our sole discretion, offer refunds in other situations subject to any Member seeking such refund applying for the refund in accordance with the requirements we post on the website, which may be changed from time to time.
9. Refund policy for monthly paid Account: When you upgrade to a Paid Account, the LeaderSend billing system charges your credit card for the initial billing period. After that, the billing system automatically renews your Account every 30 days, (or on the first day after the expiration date of the previous subscription) and charges the appropriate amount to your credit card. If you wish to disable automatic payment option, log in to your LeaderSend account and go to invoices section to change autopayment settings. No refund can be issued if the account has been used to deliver messages in the running month period.
Limitations of Liability
1. To the maximum extent permitted by law, under no circumstances and under no legal theory, tort, contract, or otherwise, shall LeaderSend or any of its underlying service providers, business partners, information providers, account providers, licensors, employees, distributors or agents (collectively referred to for purposes of this section as “LeaderSend”) be liable to you or any other person for any money damages, whether direct, indirect, special, incidental, cover, reliance or consequential damages, or for any claim by any other party. In the event that notwithstanding the foregoing, LeaderSend is found liable to you for damages from any cause whatsoever, and regardless of their form of the action (whether in contract, tort (including negligence), product liability or otherwise), the liability of LeaderSend to you will be limited to the amount you paid for the service as of the date of the claim, loss, or damage. In the event of any failure, or LeaderSend non-provision, of the Services (or the Professional Services), Customer's sole and exclusive remedy shall be for LeaderSend to use commercially reasonable efforts to repair or provide the Services.
2. This Service shall be interpreted and construed according to, and governed by, the laws of the Republic of Latvia, excluding any such laws that might direct the application of the laws of another jurisdiction. The law of the Republic of Latvia and the court of local jurisdiction of Mailigen International Limited shall be the governing jurisdiction. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
1. Intellectual property notices
All content on LeaderSend.com, including the logo, articles, other text and graphics are the intellectual property of LeaderSend.com and protected trademark, trade dress, patent, copyright and other laws. You may not reverse engineer, decompile, or disassemble any software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Each party shall retain in confidence all proprietary and confidential information transmitted to the other that the disclosing party has identified in writing, or orally and then subsequently identified in writing, as being proprietary and/or confidential, and will make no use of such information except under the terms and during the Term of this Agreement. During the term of this agreement, and after the termination of this agreement, we will use all reasonable precautions and take all necessary steps to prevent your distribution lists from being acquired by unauthorized persons. We will not share (unless required by law), sell or otherwise distribute the confidential information in your account. You agree to use all reasonable precautions and take all necessary steps to prevent our confidential information, data, scripts, object code, source code, programs, business plans, business models, business concepts, communications and any and all further confidential information from being acquired by unauthorized persons, and to take appropriate action, by instruction, agreement, or otherwise, with regard to all persons permitted access to our owned confidential information and data, in order to ensure our confidential information and data are protected. Client shall not disclose any of our confidential information to any person for any purpose other than as provided in this Agreement. However, neither party shall have an obligation to maintain the confidentiality of information that (a) it has rightfully received from another party prior to its receipt from the disclosing party; (b) the disclosing party has disclosed to a third party without any obligation to maintain such information in confidence, (c) enters the public domain or becomes generally known to the public by some action other than breach of this Agreement by the receiving party; or (d) is independently developed by the receiving party. Each party shall safeguard proprietary and confidential information disclosed by the other using the same degree of care it uses to safeguard its own proprietary and confidential information but, in no event, shall use less than a reasonable degree of care. Each party's obligation under this paragraph shall extend for a period of three (3) years following termination or expiration of this Agreement.
3. Force Majeure
We shall not be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, military intervention, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or overloading or slow downs over the internet or any third party internet service providers.
You agree to indemnify and hold LeaderSend, subsidiaries, affiliates, officers, agents, representatives, successors, members, principals and other partners and employees harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site or services set forth in this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations, obligations and warranties set forth above. LeaderSend reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of LeaderSend.
If any term or provision of this Agreement is determined to be illegal, unenforceable or invalid in whole or in part for any reason, such illegal, unenforceable or invalid provision(s) or part thereof shall be stricken from this Agreement, and such provision(s) shall not affect the legality, enforceability or validity of the remainder of this Agreement. If any provision or part thereof is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision that is as similar in tenor to the stricken provision as is legally possible.
6. No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind LeaderSend in any respect.
7. You hereby acknowledge and agree that LeaderSend may identify you as its customer on LeaderSend’s website and in its advertising, marketing, and promotional materials, including using your name, trademark, service mark, or corporate logo. LeaderSend’s use of your trademark, service mark, or corporate logo will be made in compliance with any publicly posted usage guidelines posted by you. If you wish to remove your information, please contact our sales team.
We disclaim and are not responsible for the behavior of any advertisers, linked websites or other users.
9. Complete Agreement; Governing Language.
This Agreement constitutes the entire agreement between you and LeaderSend relating to the LeaderSend Service and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by LeaderSend. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.