Terms & Conditions

EmailBrain, provides businesses and web site operators a software application to create, launch, and manage online email campaigns and newsletters. The Service must not be used for the sending of unsolicited email (sometimes called "spam").

See our Anti-Spam Policy. By clicking the 'I accept these terms and conditions' button and purchasing a subscription or pay as you go plan, you accept these Terms and Conditions, here in after also referred to as the "Agreement":

Services and Support:
  1. All Services provided by EmailBrain are subject without limitation to this Agreement. The services are also subject to EmailBrain's Privacy Policy and EmailBrain's Anti-Spam Policy. EmailBrain may modify the terms of the Agreement and may discontinue, or revise any or all other aspects of the Services at its sole discretion. Updated versions of this Agreement on the Services will be posted on the Terms & Conditions page on EmailBrain.com. All changes become effective upon the posting of the revised Agreement on the Services.

  2. The Services are available only to individuals who can form legally binding contracts.

  3. You must complete the registration form on the Sign Up page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. 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. EmailBrain reserves the right to refuse registration, or cancel accounts if it deems inappropriate.

Restrictions and Responsibilities:
  1. This is an Agreement for Services. 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 ("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.

  2. If you are using the Services in any state in the US or the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.

  3. You acknowledge and agree that EmailBrain and the EmailBrain company names and logos and all related product and service names, design marks and slogans, are the property of EmailBrain or its affiliates or suppliers. You are not authorized to use any of the "Marks" in any advertising, publicity or any other commercial manner as the case maybe without the prior written consent of EmailBrain. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks.

  4. You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement, the US CAN-SPAM Act and the European Privacy Directive and all other 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 here by agree to indemnify and hold harmless EmailBrain against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim fraction that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of EmailBrain. Although EmailBrain has no obligation to monitor the content provided by you or your use of the Services, EmailBrain , may do so and may remove any such content or prohibit any use of EmailBrain, if it believes it is(or is alleged to be) in violation of the foregoing.

  5. Every email message sent via EmailBrain must contain an "unsubscribe" link that allows visitors to remove themselves from your mailing list. You agree that you will not remove, disable or attempt to remove or disable either link. EmailBrain may immediately disable your access to EmailBrain if you violate this restriction.

  6. The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates the United States federal or state law, the European Community, or other laws that may apply in 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.

  7. 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 EmailBrain"- try us free. You agree to cooperate with and provide reasonable assistance to EmailBrain in promoting and advertising EmailBrain.

  8. EmailBrain and EmailBrain will not share information you may upload (such as email addresses, name, contact information, or other registration information) to EmailBrain. EmailBrain 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 Service, or communicate separately with you. If you licensed the Services as a result of solicitation by a Reseller or Franchise of EmailBrain, EmailBrain may share your information with the Reseller or Franchise.

  9. EmailBrain will not use your customer list or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties. EmailBrain will not use your customer information for the purpose of sending unsolicited commercial email.

  10. You will adopt and maintain the Email Privacy Policy and the Anti-Spam Policy, which may be modified by EmailBrain from time to time.

  11. EmailBrain requires all new accounts to be reviewed by the EmailBrain 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.

  12. You represent to EmailBrain and unconditionally guarantee that any elements of text, graphics, photos, designs, logos, trademarks, or other artwork furnished to EmailBrain for inclusion in a personalized template created by EmailBrain for you are owned by you, or that you have permission from the rightful owner to use each of these elements, and will indemnify, hold harmless, protect, and defend EmailBrain and its Related Parties (as defined below) from any claim or suit arising from the use of such elements furnished by you.

Termination:
  1. If we ask for opt in proof of the subscribers in your list, and cannot provide it, you cannot use your pay as you go plan, monthly or bi-annually subscription again. And, you are solely responsible for canceling your account (you can do this by going to the Set up and Options, cancel account) in order to avoid additional charges.

  2. If your account is terminated due to Spam Complaints and/or fraud, amounts previously charged will not be refunded under any circumstances.

  3. You may terminate this Agreement at any time by sending an email message to support@emailbrain.com

  4. EmailBrain may immediately terminate this Agreement, and suspend access to EmailBrain without refund if you are in violation of any of terms outlined in the Restrictions and Responsibilities section.

  5. EmailBrain will delete any of your archived data within 90 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

Warranty Disclaimer Remedies:
  1. Use of the Services and any reliance by you upon the Services, any action taken by you because of such use or reliance, is at your sole risk. EmailBrain 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 EmailBrain disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Your sole and exclusive remedy for any failure or non-performance of the Services shall be for EmailBrain to use commercially reasonable efforts to adjust or repair the Services.

Limitation of Liability:
  1. To the maximum extent permitted by law, under no circumstances and under no legal theory, tort, contract, or otherwise, shall EmailBrain or any of its underlying service providers, business partners, information providers, account providers, licensors, employees, distributors or agents (collectively referred to as the "Related Party") be liable to you or any other person for any money damages, whether direct, indirect, special, incidental, cover, reliance or consequential damages, even if EmailBrain or any of the Related Parties have been informed of the possibility of such damages, or for any claim by any other party. In the event that notwithstanding the foregoing, EmailBrain or any of the Related Parties is found liable to you for damages from any cause, and regardless of the form of the action (whether in contract, tort including negligence), product liability or otherwise, the liability of EmailBrain or any of the Related Parties to you, will be limited to the amount you paid for the Services. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.

Miscellaneous:
  • If any provision of the Agreement is found to be unenforceable or invalid, that will not prejudice or effect all other terms of this Agreement from remaining in full force and effect.
  • This Agreement 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. Any waivers and modifications must be in a writing a signed by both parties. 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.
  • 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 EmailBrain in any respect.
  • In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
  • The Agreement shall be governed by the laws of the State of Florida, USA without regard to its choice or laws or conflict of law's provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Miami, FL.
  • EmailBrain is a trade name of Dotster Inc., a Delaware Corporation.
  • You hereby acknowledge and agree that EmailBrain may identify you as its customer on EmailBrain's website and in its advertising, marketing, and promotional materials, including using your name, trademark, service mark, or corporate logo. EmailBrain's use of your trademark, service mark, or corporate logo will be made in compliance with any publicly posted usage guidelines posted by you.

Last modified March 2012