Terms and Conditions

Antispam Policy
End User License Agreement (EULA)
Privacy Policy
Prohibited Content Policy

- Antispam Policy -

For Email Recipients, ISPs, and Blacklist Admins

Sailthru Corporation ("Sailthru" or "we") has a no tolerance spam policy. A user's account will be terminated if he or she sends unsolicited email messages. Please report any suspected abuse to abuse@sailthru.com. ISPs and Blacklists administrators may contact us at isps@sailthru.com. Please forward the complete email in question, including headers. If applicable, please also unsubscribe from the newsletter using the link at the bottom of the email if you no longer wish to receive emails from the sender. We will take the appropriate action against the sender of the email in question.

ISP and Blacklist Admin Relations

Sailthru has built relationships with many of the leading ISPs and blacklist administrators. These relationships usually involve the sharing of information regarding policies, practices and issues. If you are an ISP, mail administrator or blacklist owner and would like to get in touch with us, please email isps@sailthru.com.

For Sailthru Users

All users of our Triggermail and/or GetConnect software must agree to only sending permission-based email as part of agreeing to the End User License Agreement (EULA) upon signup. This means that all recipients sent to must have opted-in to receive communications from the sending organization.

An opt-in can occur either via a sign-up form on a web site, at a point-of-sale sign-up form, or on a physical sign-up sheet. Purchased lists may not be used within the Sailthru system, regardless of the source or permission status.

harvest emails from web sites
purchase lists (whether they are opt-in or not)
have a pre-checked field on your subscription form
have a subscription form that subscribes users to an unrelated list
send out unrelated offers or unrelated content to your newsletter list
add an email address into a list without the subscriber's permission

send out a regular newsletter to a recipient who has opted-in to receive it
send out information and content to recipients who have requested to receive content on that topic from your organization
send out user triggered emails that result from actions carried out on your website

Policy Enforcement

We monitor use of the software for any large increases in sending emails
We utilize a content-checking utility to screen and flag any message that contains words common to unsolicited emails.
A record is saved of every email that is sent through the system.
Any customer found to be using Sailthru for spam will be immediately cut-off from use of the product.
We maintain the IP address and date subscribed for every new subscriber.
Every email, whether text or HTML, contains a mandatory unsubscribe/opt-out link at the bottom of the message. This unsubscribe link cannot be removed.

Procedure for Handling Complaints

Your account will be immediately terminated if we determine in our sole discretion that you send spam. Spam is defined as unsolicited mass email to persons with whom you do not have a business relationship or who have not requested (opted-in to) your mailing. We provide our product only to those who follow our strict anti-spam policy. Using the system to send out emails to addresses obtained in any way other than a subscriber opting-in to your list may incur a $100 (US) charge per substantiated incident (i.e. per email) in accordance with state and federal regulations.

review the content of the message in question
review your subscriber list for patterns common to harvested lists
review the spam complaint
view the records to see when the subscriber was subscribed and their IP address

For more information visit spamlaws.com

- Privacy Policy -

Privacy Policy for Sailthru Account Holders

We have created this privacy policy to demonstrate our firm commitment to your privacy and the protection of your information. By visiting the Sailthru website located at http://www.sailthru.com (the "Site") you are accepting the practices outlined in this privacy policy. This policy covers Sailthru's treatment of personal information that we gather when you are on the Site and when you use our Triggermail and GetConnect services (the "Services"). This policy also covers our treatment of any personal information our business partners share with Sailthru. This policy does not apply to the practices of third parties that we do not own or control or to individuals that we do not employ or manage. If you are under the age of 18, you may use the Site only with the consent and involvement of a parent or guardian.

Why did you receive an email from us?
If you received a mailing from us, (a) your email address is listed as being an account holder or (b) you have an existing business relationship with our account holder and have expressly shared this address for the purpose of receiving information in the future ("opt-in").

How can you stop receiving email?
Each email sent contains an easy, automated way for you to cease receiving email from the lists you are subscribed to, or to change your expressed interests. If you wish to do this, simply follow the instructions at the end of any email.

How we protect your privacy
We use security measures such as encryption to protect against the loss, misuse and alteration of data used by our system.

Collection, Sharing and Usage of Account Information

What Personal Information About Customers Does Sailthru Collect? Our primary goal in collecting personal information is to provide you with a friendly, customized, and efficient experience. We collect the following types of information from our users:

Information You Provide to Us
We receive and store any information you enter on the Site or provide to us in any other way. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our Site's features. The personal information you provide is used for such purposes as responding to your requests for certain services, customizing the content and advertising you see, and communicating with you about new products and services. In order for you to view our Site, you are not required to register; however, you must register to take advantage of the Services. To register, you must provide your e-mail address, a username and password, information about your business. We may also request demographic information and unique identifiers in order to provide you with a more personalized service, but this information is optional. If you become a Sailthru customer, we collect your personal account information, billing information and the data of subscribers who are on your customer lists ("Subscriber Data").

Automatic Information

We receive and store certain types of information whenever you interact with us. Sailthru automatically receives and records certain "traffic data" on our server logs from your browser including your IP address, Sailthru cookie information, and the page you requested. Sailthru uses this traffic data to help diagnose problems with its server, analyze trends and administer the Site.
Generally, our service automatically collects usage information, such as the numbers and frequency of visitors to our Site and its components, similar to TV ratings that indicate how many people watched a particular show. This data is only used in the aggregate. This type of collective data enables us to figure out how often customers use parts of the Site, so we can make the Site appealing to as many users as possible. In addition, we may provide statistical information, not information about you personally, to our partners about how our users, collectively, use our Site. We share this type of statistical data so that our partners also understand how often people use their areas and our Site, so that they, too, may provide you with an optimal web experience.

E-mail Communications

We may receive a confirmation when you open an e-mail from Sailthru if your computer supports this type of program, in order to help us make e-mails more interesting and helpful. We also send out e-mails with news or promotions. If you do not want to receive e-mail from us, please contact us at privacy@sailthru.com.

Information from Other Sources
For purposes such as improving personalization of our Services, we may receive information about you from other sources and add it to our account information. Like the information you provide to us, we do not share this information with anyone except authorized third parties in connection with providing you with our Services.

Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and tell us how and when pages in our Site are visited and by how many people. Sailthru cookies do not collect personal information, and we do not combine information collected through cookies with other personal information to tell us who you are or what your username or e-mail address is.
The "help" portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. We strongly recommend that you leave the cookies activated, however, because cookies enable you to take advantage of some of Sailthru's most attractive features.
Some of our business partners may use cookies on our Site (for example, advertisers). However, we have no access to or control over these cookies.
Will Sailthru Share Any of the Information it Receives?
Information about our users is an integral part of our business. We neither rent nor sell your personal information to anyone. We share your personal information only as described below.
Affiliated Business We Do Not Control
In certain situations, we may provide services, or sell products jointly with affiliated businesses, including on the Site. We will share customer information that is related to such transactions with that affiliated business. We require our affiliates to provide the same level of privacy protection that we do and they do not have the right to share or use personal information for any purpose other than for an authorized transaction.
Agents
We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Examples include analyzing data, providing marketing assistance, and providing customer service. Our agents subscribe to the same level of privacy protection as we do. Unless we tell you differently, our agents do not have any right to use the personal information we share with them beyond what is necessary to assist us.
Promotional Offers
We may send offers to certain customers on behalf of other businesses. However, when we do so, we do not give the other business your name and address. If you do not wish to receive these offers, please contact us at privacy@sailthru.com.
Business Transfers
In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that is transferred. Moreover, if Sailthru, or substantially all of its assets, were acquired, customer information would be one of the assets that is transferred.
Protection of Sailthru and Others
We may release personal information when we believe in good faith that release is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Sailthru, our employees, our users, or others. We may disclose personal information to parties as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. In such events, we may disclose name, street address, city, state, zip code, country, phone number, and e-mail address.
With Your Consent
Except as set forth above, you will be notified when your personal information may be shared with third parties.

Accessing Your Information

You are able to add or update certain information. When you update information, however, we often maintain a copy of the unrevised information in our records.
You may request deletion of your account by sending an e-mail to support@sailthru.com. Please note that some information may remain in our records after deletion of your account.
As explained earlier, the "help" portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. Please note, however, that if do not allow cookies, you will not be able to take advantage of some of our features.
As stated previously, you can always opt not to disclose information, even though it may be needed to take advantage of certain Sailthru features.

Liability Limitation

In no case whatsoever will liability of the Company exceed the amount of monies paid for services nor will the Company be liable for indirect, special, or consequential damages of any kind to any party.

Privacy Policy Changes

If this privacy policy changes in the future, we will provide notice by posting such notice and the changes on the Site. By continuing to use the Site and our services after such notice has been post, you will be deemed to have accepted the changes. If you do not agree to the changes, you have the option to terminate your account and have your data removed from our system.

Privacy Policy Last Updated: March 26th, 2009

Sailthru End User License Agreement

You agree that any and all lists you upload into Sailthru will be permission-based and you will never use purchased or rented list(s) within Sailthru.
You can cancel your account at anytime and billing for your account will immediately cease, however you will not be refunded for billing periods preceding your cancellation, including the month in which you cancelled.
Although we work hard to keep our IPs off of blacklists, at times we may be on one or more, negatively affecting our deliverability.

Through its Triggermail and GetConnect (the "Services") Sailthru Corporation("Sailthru") provides web site operators a variety of tools and resources to collect visitor email addresses and to create, launch, and manage online marketing campaigns. This service may not be used for the sending of unsolicited email (sometimes called "spam"). See our Anti-Spam Policy. The following are the terms and conditions for use of the Services. By clicking the 'I accept these terms and conditions' check box on the sign-up page, you accept these terms and conditions.

1. Services and Support

1.1 The Services are provided subject to this Agreement, as it may be amended by Sailthru, and any guidelines, rules or operating policies that Sailthru may establish and post from time to time (the "Agreement"), including without limitation Sailthru's privacy policy (unless otherwise stated, all references to the Agreement shall include the privacy policy). Sailthru may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services in its sole discretion, by posting updated versions of the Agreement on the Services or at the www.sailthru.comand providing e-mail notice to you, at least thirty (30) days before such modifications take effect,. In the event you continue to use the Services after receiving notice of such changes, you signify your assent to the changes. If you do not agree with Sailthru's proposed changes, you must discontinue your use of the Services.

1.2 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.

1.3 The Services enable corporate web sites, small business web sites, organizational web sites, and community sites to sign up web site visitors, collect and retrieve visitor sign-up data, and develop and execute email marketing communications with visitors.

1.4 Sailthru may agree to provide the Services to you on a trial basis for the first fifteen (15) days after the Effective Date (as defined in Section 3.1) (the "Trial Period"). Solely during the Trial Period, no fees will be due from Customer to Sailthru for the Services. The subscriber limits of the Trial Period are subject to change at any time; provided, once you have commenced your Trial Period, your subscriber limits will not change. You will be notified via email of the completion or termination of your Trial Period and may purchase, in advance, a monthly or annual subscription for paid Services. Sailthru's full rates as set forth on the Fee Schedule will apply for all Services provided after the termination of the Trial Period. Paid Services are billed monthly and payment is due within thirty (30) dates of invoice date, according to the Fee Schedule provided to you by Sailthru on the Site. The Fee Schedule, including subscriber levels and prices, is available online and subject to change at any time; provided, you will receive e-mail notice prior to any changes in fees and such changes will not be effective for Services already ordered prior to the effective date of the change. Amounts paid for the Services are not refundable.

1.5 You must register on the Site in order to use the Services. You must provide accurate information about yourself as requested in the registration form. As part of the registration process, you must provide your name, email address, a username and password, and information about your business including phone number and business address. 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. After Sailthru has received your registration information, a telephone conversation is required prior to approval of your account. Sailthru reserves the right to refuse registration of, or cancel, accounts it deems inappropriate. Once approved, you must provide your billing information to Sailthru in a manner designated by Sailthru.

1.6 If Sailthru is for any reason unable to effect payment via your credit card or by check for invoiced accounts, you will be notified via email and sending on your Sailthru account will be disabled until payment is received. Please note that if you wish to terminate your Sailthru account, you must notify us in writing, via e-mail; simply allowing a credit card to expire or not submitting payment by check regardless of invoice receipt status will not automatically cancel your account. We continue to incur cost due to the maintenance of all account data, allowing subscriptions to occur, and providing access to your account. You will remain responsible for paying the monthly charge until we receive a termination notice as defined in Section 3.2 of this Agreement. We will send notice to the email address on record if a card is declined. We may also follow-up by phone or mail. If you are past due on payment of your invoice, we reserve the right to delete your data from our systems and discontinue the Services in their entirety without any direct or third party liability whatsoever. We reserve the right to send delinquent accounts to a collection agency if they are not paid within three (3) months of invoice date. Any payment not received from you by the due date may accrue, at Sailthru's discretion, late charges at the rate of one and a half percent (1.5%) of the outstanding balance per month, or at the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid.

1.7 You acknowledge that from time to time email delivery of email messages may be blocked or prevented at the destination mail servers sent through Sailthru. You acknowledge and agree that you are responsible for paying fees for all email messages sent through Sailthru, regardless of whether delivery of such messages to their intended recipients is prevented or blocked by any third party. You are responsible for monitoring, correcting and updating the email addresses to which messages are sent through your Sailthru account.

2. Restrictions and Responsibilities

2.1 This is an Agreement for services, and you are not granted a sale or 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 ("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; remove any proprietary notices or labels; 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 (which includes civic or charitable) purposes only 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.

2.2 You acknowledge and agree that the Services and the Sailthru company name and logos and all related product and service names, design marks and slogans (collectively, the "Marks"), are the property of Sailthru or its affiliates or suppliers. Any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service and/or the Software (collectively, "Feedback"), are hereby assigned to Sailthru. You will not copy, distribute, reproduce or use the Services, the Software, the Marks or the Feedback except as expressly permitted under this Agreement. You are not authorized to use any of the Marks in any advertising, publicity or any other manner without the prior written consent of Sailthru. Upon termination of this Agreement for any reason, you will immediately cease all use of the Marks. 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. All ownership rights remain in Sailthru or its third party suppliers, as the case may be.

2.3 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, intellectual property, consumer and child protection, 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 Sailthru 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 this Agreement or otherwise arising from or relating to your use of the Services. Although Sailthru has no obligation to monitor the content, including but not limited to Subscriber Data, provided by you or your use of the Services, Sailthru may do so and may remove any such content or prohibit any use of the Services it believes in its sole discretion may be (or is alleged to be) in violation of the foregoing.

2.4 Every email message sent in connection with the Services must contain an "unsubscribe" link that allows visitors to remove themselves from your mailing list and a link to the then current privacy policy (see Section 2.9 below). You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link. You agree to only import permission-based lists (note: purchased lists may not be used, please contact Sailthru if you have questions). You cannot mail to distribution lists, newsgroups, or spam email addresses. You cannot copy a Sailthru template and use the design for purposes other than sending emails from Sailthru. Sailthru, at its own discretion, may immediately disable your access without refund to the Services if Sailthru believes in its sole discretion that you have violated any of the restrictions listed above.

2.5 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party's intellectual property rights. See Sailthru's Prohibited Content Policy for details.

2.6 For every email message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating "Powered by Sailthru" or a similar message. You agree to cooperate with and provide reasonable assistance to Sailthru in promoting and advertising the Services.

2.7 In using the Services, you may provide information (such as name, contact information, or other registration information) to Sailthru. Sailthru may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Services, or communicate separately with you. If you licensed the Services as a result of solicitation by a marketing partner of Sailthru, Sailthru may share your information with the marketing partner. Sailthru will not permit the marketing partners that receive your information to sell and redistribute it without your prior consent.

2.8 You acknowledge that Sailthru does not wish to receive any proprietary information from you that is not necessary for Sailthru to perform its obligations under this Agreement, and, unless the parties specifically agree otherwise, Sailthru may reasonably presume that any unrelated information received from you is not confidential or proprietary information. You, not Sailthru, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all customer lists, customer information and Subscriber Data supplied by you, "Subscriber Data" includes any and all data provided through the API or imported by the support team on behalf of the client. Sailthru will not use your customer lists, customer information, or Subscriber Data for any other purposes than those intended with the service. Sailthru shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any customer lists, customer information or Subscriber Data. Your customer information will not be shared with any other parties. In addition, Sailthru will not use your customer information for the purpose of sending unsolicited commercial e-mail. In the event this Agreement is terminated for any reason, your right to access or use the Service immediately ceases. Sailthru agrees to use commercially reasonable efforts to return customer lists, customer information or Subscriber Data; provided, Sailthru reserves the right to withhold, remove and/or discard customer lists, customer information or Subscriber Data without notice in the event of any breach of the Agreement by you, including, without limitation, your non-payment.

2.9 You will adopt and maintain the privacy policy, which may be modified by Sailthru from time to time.

2.10 How we handle Spam complaints. We have a no tolerance spam policy. Your account will be immediately terminated if you send Spam. Spam is defined as unsolicited mass email to persons with whom you do not have a business relationship or have not requested (opted-in to) your mailing. Sailthru is intended for marketers who have an established list of permission-based opt-in email addresses. We provide our Services only to those who follow our strict anti-spam policy. Using the system to send out emails to addresses obtained in any way other than a subscriber opting-in to your list will incur a $100.00 (US) charge per substantiated incident (i.e. per email). If you cannot provide proof that these addresses were subscribed to the list, that is also considered a 'substantiated incident' and will incur a $100.00 (US) charge.

2.11You will not insert advertisements into your emails without prior approval from Sailthru. By inserting advertisements into your emails you accept that you will be billed appropriately, and if you do so during your Trial Period, we will terminate your Trial Period immediately

3. Termination

3.1 Term of Agreement. This Agreement commences on the date Sailthru approves you to receive the Services (the "Effective Date") and continues until terminated as described in section 3.2. Each order of Services by you shall be billed according to the Fee Schedule in effect at the time the Services are ordered.

3.2 Termination. You may terminate this Agreement at any time by e-mail with delivery confirmation or by sending written notice to the attention of Accounts at Sailthru at 100 Jane Street, Suite 8G, New York, NY. Sailthru may terminate this Agreement or the Services at any time with or without cause; provided, except in the event the Agreement is terminated due to your breach, Sailthru will perform all Services ordered prior to the date of termination. Sailthru shall have no liability to you or any third party because of such termination. All sections of this Agreement which by their nature will survive termination, including, without limitation, ownership, indemnification obligations, warranty disclaimers, limitations of liability, and miscellaneous.

3.3 Outstanding Fees. Termination shall not relieve you of the obligation to pay any fees accrued or payable to Sailthru prior to the effective date of termination.

4. Warranty Disclaimer; Remedies

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. SAILTHRU DOES NOT WARRANT THAT THE 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 SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND SAILTHRU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SAILTHRU AND ITS SUPPLIERS AND LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES. SAILTHRU AND ITS SUPPLIERS AND LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SAILTHRU'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. SAILTHRU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

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

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SAILTHRU OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, OFFICERS, SHAREHOLDERS, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "SAILTHRU") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES EVEN IF SAILTHRU SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT SAILTHRU 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 TOTAL LIABILITY OF SAILTHRU TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

6. Export of Services or Technical Data

You may not remove or export from the United States or allow the export or re-export of the Services, 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.

7. Miscellaneous

7.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

7.2 Sailthru and you agree that the Agreement (including the privacy policy, anti-spam policy and prohibited content policy) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

7.3 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 Sailthru in any respect whatsoever.

7.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.

7.5 The Agreement shall be governed by the laws of the State of New York, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in New York City, New York.

7.6 This Agreement is not assignable, transferable or sublicensable by you except with Sailthru's prior written consent. Any purported assignment in violation of this section shall be void. Sailthru may freely transfer or assign any of its rights and obligations under this Agreement.

- Prohibited Content Policy -

Sailthru prohibits the use of Triggermail and/or GetConnect by any company or site 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; 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
Provides, sells, or offers to sell or rent any mailing list
Displays material that exploits children, or otherwise exploits children under 18 years of age
Posts or discloses any personally identifying information or private information about children
Provides material that is offensive, bigoted, prejudiced, racist, hateful, profane, obscene, lewd, lascivious, filthy, sexually explicit, violent, harassing or otherwise objectionable or illegal content
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
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. In addition, Sailthru reserves the right to prohibit the use of Sailthru by any company or site at its sole discretion.

As always, sending unsolicited commercial email is FORBIDDEN. See our End User License Agreement and our anti-spam policy for details.

This document may change from time to time. Any questions about whether your site can use Sailthru can be emailed to support@sailthru.com.