Terms of use and anti-spam policy

Please read this Terms of Use and Anti-Spam Policy carefully. By using WhaleSend or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.

WhaleSend (or the “Service”) is a marketing service offered through the URL WhaleSend.com (or the “Website”) that allows you to create, send and manage email newsletters (each message is called an “Email”) to individual recipients as well as posting content to social media. WhaleSend is owned and operated by WebSoutionsOnCall.com., a Chicago based company. As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”).

These Terms of Use (“Terms”, together with our Privacy Policy, and any other documents that they refer to) define the terms and conditions under which you’re allowed to use WhaleSend and how we’ll treat your account while you’re a Member. If you have any questions about our terms, feel free to contact us.

Account

  1. Eligibility

In order to use WhaleSend, you must:
a. be at least eighteen (18) years old and able to enter into contracts;
b. complete the registration process;
c. agree to the Terms; and
d. provide true, complete, and up to date contact information.

By using WhaleSend, you represent and warrant that you meet all the requirements listed above, and that you won’t use WhaleSend in a way that violates any laws or regulations. WhaleSend may refuse service, close accounts of any users, and change eligibility requirements at any time.

  1. Term

The Term begins when you sign up for WhaleSend. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for WhaleSend on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

  1. Closing Your Account

You or WhaleSend may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. We won’t refund or reimburse you if there’s cause, like a violation of these Terms. Once terminated, we may permanently delete your account and all the data associated with it, including your Emails from our Website.

  1. Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within seven (7) days, the new Terms will be effective immediately and apply to any continued or new use of WhaleSend. We may change the Website, the Service, or any features of the Service at any time.

  1. Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.

Payment

  1. Credit Cards

As long as you’re a Member or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly or yearly charges against that credit card. You’ll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.

  1. Refunds

We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.

  1. Changes

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

Rules and abuse

  1. General Rules

You promise to follow these rules:
a. You won’t send Spam! By “spam”, we mean the definition provided by Spamhaus.
b. You won’t use purchased, rented, or third-party lists of email addresses.
c. You won’t violate our Acceptable Use Policy, which is part of this Agreement.
d. If you violate any of these rules, then we may suspend or terminate your account.

  1. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a WhaleSend user, we want to hear about it. If you think anyone has posted material that violates any copyrights, then you may notify us.

  1. Bandwidth Abuse/Throttling

You may only use our bandwidth for your WhaleSend emails.

Liability

  1. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services. We won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages.

  1. No Warranties

To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

  1. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, changes to law or regulations, embargoes, fires, earthquakes, floods, strikes, power blackouts, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

  1. Disclaimers

We are not responsible for the behavior of any advertisers, linked websites, or other members. WhaleSend and its employees cannot be held responsible for the behaviour, views or actions of its users and their content.

Acceptable use policy

  1. Prohibited Content

Please don’t use WhaleSend to send anything offensive, to promote anything illegal, or to harass anyone. You may not send:
– Pornography or other sexually explicit Emails.
– Emails offering to sell illegal goods or services.

  1. Prohibited Actions

We work hard to keep our system clean, but we count on our customers to pitch in too. You may not:
– Send spam. In short, spam is “unsolicited bulk Email.”.
– Put into your Email any material that wasn’t created by you, provided for you to use, or that would violate anyone’s rights. That includes text, photos, graphics, and other content.
– Use any misleading or incorrect names, addresses, email addresses, subject lines, or other information on the Website or in any Emails created or sent using our Service.
– Share your password.
– Use any of the software on our Website, or downloaded from the Website, to create a competing product.
– Upload or send to purchased lists, rented lists, or third-party lists of any kind.

Rights

  1. Proprietary Rights Owned by Us

You will respect our proprietary rights (including patents, trademarks, trade secrets and copyrights). You may only use our brand assets with prior permission.

  1. Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all of the material you use in your Emails. You retain ownership of any materials that you upload to the Service. We may use or disclose these materials only as described in these Terms and our Privacy Policy.

  1. Privacy Policy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy is treated as part of these Terms.

Thank you for taking the time to learn about WhaleSend’s policies.