PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE.
Snipitron, LLC ("Snipitron") provides individuals, municipalities, educational institutions and businesses with
(i) a variety of tools and resources to collect visitor email addresses and to create, launch, and manage online email campaigns and
(ii) a variety of tools and resources to create, launch, manage and track. Snipitron's web application and software is herein referred to as the "System" or "Products." Snipitron's products may not be used for the sending of unsolicited email (sometimes called "spam"). The use of this System for spam is strictly prohibited and is further disclosed herein.
The following are the terms and conditions for access to this web site and use of the Products. By checking the 'I have read and agree to the Terms of Use and Privacy Policy' checkbox on the Register page or by logging in to Snipitron.com, you accept these terms and conditions.
Copyright© 2008 Snipitron, LLC. All Rights Reserved. Patents Applied for and Pending.
This web site, and the information which it contains, is the property of Snipitron and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "Snipitron" and the Snipitron logo are registered trademarks of Snipitron, under the applicable laws of the United States and/or other countries. Other Snipitron product or service names or logos appearing in this Site are either trademarks or registered trademarks of Snipitron, and/or its affiliates. All other trademarks or logos are property of their respective owners. The absence of a product or service name or logo from this list does not constitute a waiver of Snipitron's trademark or other intellectual property rights concerning that name or logo.
In each instance, subject to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:
The Products are provided subject to this Agreement, as it may be amended by Snipitron, and any guidelines, rules or operating policies that Snipitron may establish and post from time to time (this "Agreement"), including without limitation Snipitron's customer Privacy Policy, as linked from all email generated from Snipitron or otherwise furnished to you (the "Policy") (unless otherwise stated, all references to the Agreement shall include the Policy). By posting updated versions of the Agreement on the Snipitron.com website, or otherwise providing notice to you, Snipitron may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Products in its sole discretion. All such changes become effective upon posting of the revised Agreement on the Product or at Snipitron website. The Products are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Products are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Products. If you are using the Products in your capacity as an employee, you must have the ability to bind your employer by your use of the Product. You must complete the registration form on the Snipitron sign up web page in order to use the Products. You will need to register separately for the Email Marketing Product. You shall provide true, accurate, current, and complete information about yourself as requested in that registration form. You may from time to time provide Snipitron's service personnel with remote access to your computers and other systems for the purpose of troubleshooting issues that arise in your use of the Products. You hereby waive any claim for damages from any problems that may arise from such access, including without limitation any disruption or damage caused by Snipitron or its personnel.
4.1 Fees for Email Marketing Product. For the Email Marketing Product, once you upgrade or have exceeded the free subscriber limit, you will be subject to monthly subscription fees in accordance with the fee schedule (the "Fee Schedule"). The Fees are based on the highest number of messages sent with your account at any time during the previous month. For purposes of this Agreement, each unique e-mail message will count as one message. In addition, if you attempt to exceed the limit of storage available you will be asked to upgrade. You will be required to submit payment monthly in advance for the Product (unless you have already provided payment or means of payment, such as credit card information) and may purchase, in advance, a monthly subscription for the Product. Access to the upgrades will be disabled until payment is received. Fees will be billed monthly or your pre-paid account will be debited monthly premium Product. If selected by you, you will also be billed for upgraded storage.
4.2 Fees for our upgraded and paid products. For the upgraded products, once you have upgraded or have exceeded the free usage, you will be subject to monthly subscription fees in accordance with the fee schedule (the "Fee Schedule"). The Fees are based on the highest number of messages sent in the prior month. You will be required to submit payment monthly in advance for the upgraded Products (unless you have already provided payment or means of payment, such as credit card information) and may purchase, in advance, a monthly subscription for the upgraded Products. Access to the upgraded Products will be disabled until payment is received. Fees will be billed monthly or your pre-paid account will be debited monthly for the upgraded Products. If selected by you, you will also be billed for upgraded storage.
4.3 Fee Schedule; Discounts. You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees charged by Snipitron. The Fee Schedule, including subscriber levels and prices, is subject to change at any time in Snipitron's sole discretion. Snipitron will use good faith efforts to notify you via email prior to the effectiveness of any change to the Fee Schedule. If you receive special discounts through a marketing partner, those discounts may not be available if you cease to continue to be a customer of the marketing partner, in which case Snipitron's standard rates will apply. Snipitron may rely on information provided by the applicable marketing partner, if any, with respect to the status of your account.
4.4 Payment. Payment for Products will be made by a valid credit card accepted by Snipitron. Payment by check, wire transfer, or other format may be negotiated directly with Snipitron. Fees are payable in U.S. dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize Snipitron to charge your credit card for such amounts on a regular monthly basis beginning at the time of upgrade. If Snipitron is for any reason unable to effect automatic payment via your credit card, Snipitron will attempt to notify you via email and your Snipitron upgraded account will be disabled until payment is received. Amounts paid for the Products are not refundable.
5.1 Subscriber Opt Out. Every email message sent in connection with the Products must contain an "unsubscribe" link that allows subscribers to remove themselves from your mailing list and a link to the then current Privacy Policy. Each such link must remain operational for a period of thirty (30) days after the date on which you send the message, and must be in form and substance satisfactory to Snipitron. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link. You shall monitor and process unsubscribe requests received by you directly within 10 days of submission, and update the email addresses to which messages are sent through your Snipitron account.
5.2 Permission Practices. You agree to import, access or otherwise use only Permission Based Lists in connection with your use of the Products. You hereby covenant that you shall not use any other lists in connection with your use of the Products. If you have used the Snipitron feature that allows you to request a recipient to confirm that you have his or her permission to send emails to him or her, and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send emails to that recipient. Without limiting the foregoing, you agree that you shall not utilize the Product to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting. You cannot mail to distribution lists, newsgroups, or spam or unsolicited email addresses. You cannot copy a Snipitron template or any other features or functionality from the Products and use them for any purpose other than sending email messages from the Products. Emails that you send through the Product may generate spam complaints from recipients. As a matter of privacy, Snipitron 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 spam complaints in excess of industry norms. Snipitron, in its sole discretion, shall determine whether your level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. Snipitron will terminate your use of its Products if Snipitron determines that your level of spam complaints is higher than industry norms.
5.3 Footers. For every email message sent in connection with the Products, you acknowledge and agree that Snipitron may add an identifying footer stating "Powered by Snipitron" or a similar message.
5.4 Use of Images Hosted by Snipitron. Images hosted by Snipitron on Snipitron controlled servers may only be used in connection with the Products and for no other purpose whatsoever.
5.5 Prohibited Content. Snipitron prohibits the use of the Products or web site by any person or entity that:
5.6 Right to Disable Access. Snipitron, at its own discretion, may immediately disable your access to the Products without refund if Snipitron believes in its sole discretion that you have violated any of the policies listed above or elsewhere in this Agreement.
6.1 No Rights in Software. This is an Agreement for services and access to this web site, 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 Products or any software, documentation, or data related to the Products ("Software"); remove any proprietary notices or labels from the Products or any Software, modify, translate, or create derivative works based on the Products or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Products or any Software.
Unless you are an authorized reseller of the Products, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Products or the Software, or any content, including but not limited to newsletters, distributed to you by Snipitron in connection with the Products. Violation of these restrictions may result in the termination of this Agreement.
6.2 Permitted Use of the Products. The Products shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Products or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Products in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software or Products, then you hereby covenant that, prior to engaging in such activities, you will first request that Snipitron perform such work at its standard professional services rates. Snipitron can then decide either:
(i) to perform the work in order to achieve such interoperability and charge its then standard rates for such work to you; or
(ii) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability or
(iii) provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities despite a contractual prohibition on such activities.
6.3 Compliance with Laws; Monitoring. You shall use the Products only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws). Although Snipitron has no obligation to monitor the content provided by you or your use of the Products, Snipitron may do so and may block any e-mail messages, remove any such content or prohibit any use of the Products that Snipitron believes may be (or is alleged to be) in violation of the foregoing.
6.4 Indemnification. You hereby agree to defend, indemnify and hold harmless Snipitron and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages you distribute using the Products or (iii) otherwise arises from or relates to your use of the Products. In addition, you acknowledge and agree that Snipitron has the right to seek damages when you use the Products for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
6.5 Your Information. In using the varied features of the Products, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to Snipitron. Snipitron may use this information and any technical information about your use of the Products to tailor its presentations to you, facilitate your movement through the Product, or communicate separately with you. If you licensed the Products as a result of solicitation by a marketing partner of Snipitron, Snipitron may share your information with the marketing partner and the marketing partner may share related information with Snipitron. Snipitron will not provide your contact information to companies you have not authorized for that purpose unless required by law or unless you are terminated from Snipitron due to unsolicited commercial email being sent from your Snipitron account.
6.6 Intellectual Property Rights in Your Content. You agree that you will not upload or transmit any contact lists, communications or content of any type to this web site or in connection with the Products that infringe, misappropriate or violate any rights of any party. By submitting ideas, concepts, inventions, or content to this web site or using them in connection with the Products, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to Snipitron or to any third party using the Products, any communication or content that infringes or violates any rights of any party. If you submit any business information, ideas, concepts or inventions or content to Snipitron by email, you agree such submission is non-confidential for all purposes. If you make any submission to this web site or if you submit any business information, idea, concept or invention to Snipitron by email, you automatically grant—or warrant that the owner of such content or intellectual property has expressly granted—Snipitron a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any manner.
6.7 Use of Links in the Survey Product. In connection with the Product, you hereby agree that you shall only distribute links to the Product, the Email Marketing Product or as a link on your web site.
You may terminate this Agreement at any time by calling Snipitron Customer Support. There are no refunds for any fees paid.
Snipitron may terminate this Agreement or the Products, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. Snipitron shall have no liability to you or any third party because of such termination or action.
Snipitron may delete any of your archived data within 30 days after the date of termination. After termination, you shall process all unsubscribe requests within 30 days of your last email campaign. Snipitron will provide upon request the list of unsubscribe requests from your last campaign. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
If your account is classified (at Snipitron's sole discretion) as inactive for over 120 days, Snipitron has the right to permanently delete your subscriber data. Snipitron will use good faith efforts to contact you via email prior to taking any permanent removal actions.
USE OF THE PRODUCTS AND ANY RELIANCE BY YOU UPON THE PRODUCTS, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. SNIPITRON DOES NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCTS. THE PRODUCTS ARE PROVIDED "AS IS" AND SNIPITRON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Products shall be for Snipitron to use commercially reasonable efforts to adjust or repair the Products.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SNIPITRON OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "SNIPITRON") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF SNIPITRON SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, SNIPITRON 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 MAXIMUM AGGREGATE LIABILITY OF SNIPITRON TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY SNIPITRON TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
You hereby warrant that you are not a "Restricted Person". For purposes of this Agreement, you are a "Restricted Person" if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using the Products is
You agree that you shall not utilize the Products to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of the Products, 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.
This web site may contain links to non-Snipitron web sites. These links are provided to you as a convenience, and Snipitron is not responsible for the content of any linked web site. Any non-Snipitron web site accessed from this web site is independent from Snipitron, and Snipitron has no control over the content of that web site. In addition, a link to any non-Snipitron web site does not imply that Snipitron endorses or accepts any responsibility for the content or use of such web site.
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Snipitron of that third party or of any product or service provided by a third party.
If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Snipitron's copyright agent (identified below) and providing the following information:
Snipitron's agent for copyright issues relating to this web site is as follows:
Snipitron, LLC
Customer Service & Support
850 W. Jackson Boulevard
Suite 400
Chicago, IL 60607
Phone: (312) 421-5780
Fax: (312) 421-5794
Email: support@snipitron.com
In an effort to protect the rights of copyright owners, Snipitron maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers
Snipitron may list open employment positions on this web site. Any such postings are for informational purposes only and are subject to change without notice. You should not construe any information on this web site or made available through this web site as an offer for employment. Nor should you construe anything on this web site as a promotion or solicitation for employment not authorized by the laws and regulations of your locale.
You are responsible for maintaining the security of your account, passwords, and files. Snipitron will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password on-line, by e-mail or by phone. Snipitron has no knowledge of your organizational structure, if you are registering for the Products as an entity, or your personal relationships, if you are a person. Snipitron shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password.
16.1 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.
16.2 Snipitron and you agree that 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 this 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.
16.3 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 Snipitron in any respect whatsoever.
16.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
16.5 The Agreement shall be governed by the laws of the State of Illinois, 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 Chicago, Cook County, Illinois.
| Pricing | ||||||
| Cost per month | FREE | $19.95 | $29.95 | $49.95 | $79.95 | Call for pricing |
| Messages | ||||||
| Email newsletters | 1,000 | 1,500 | 3,000 | 5,500 | 10,500 | – |
| Cost per additional newsletter | n/a | $0.0250 | $0.0200 | $0.0175 | $0.0150 | – |
| Storage | ||||||
| File storage limit | 2GB | 3GB | 4GB | 5GB | 6GB | – |
| Additional storage per GB See Add-Ons for best value |
n/a | $1.95 | $1.49 | $1.25 | $1.00 | – |
| Pricing | |||||
| One-time set up fee | $899.00 | ||||
| Cost per month | $199.95 | $379.95 | $649.95 | $1,099.95 | $1,699.95 |
| Messages | |||||
| Email newsletters | 10,000 | 50,000 | 200,000 | 500,000 | 1,000,000 |
| Cost per additional newsletter | $0.032 | $0.025 | $0.020 | $0.016 | $0.013 |
| Storage | |||||
| File storage limit | 5GB | 6GB | 8GB | 10GB | 12GB |
| Additional storage per GB See Add-Ons for best value |
$1.49 | $1.25 | $1.00 | $0.80 | $0.69 |
| Users | |||||
| User accounts | 1,000 | 5,000 | 20,000 | 50,000 | 100,000 |
| Additional user account | $0.400 | $0.170 | $0.067 | $0.040 | $0.028 |
| Others | |||||
| Admin user account(s) | Included | ||||
| Reporting and analytics | Included | ||||
| Site customizations | Included | ||||
| Pricing | One-Time | Monthly | Annual Discounted Fee |
| Vanity domain | $19.95 to purchase a domain name |
$4.95 | $45.95 if paid one year in advance |
| Pricing | Storage Size | Cost |
| Additional storage available for paid users only |
5GB | $6.95 |
| 10GB | $11.95 | |
| 20GB | $19.95 | |
| 40GB | $32.95 | |
| 80GB | $54.95 | |
| 160GB | $89.95 | |
| 300GB | $139.95 |
