PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
EITHER BY EXECUTING AN ORDER FORM, REGISTERING FOR AN ACCOUNT OR BY YOUR USAGE OF KIBSENDER, you agree to the following terms and conditions:
KIBsender is an online e-mail marketing and communications service provided by KIBsender ApS, VAT No. 25 47 85 41 Indkildevej 6 A, 9210 Aalborg, Denmark.
KIBsender may modify this agreement at any time, and such modifications shall be effective immediately upon posting online of the modified agreement. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the service shall be deemed your conclusive acceptance of the modified agreement.
if you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms "you", "your", or licensee shall refer to such entity and its affiliates. if you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.
This Agreement was last updated on May 18, 2015.
1.1. Software License. By this Agreement, KIBsender grants to you, subject to the terms of this Agreement, a non-transferable and non-exclusive license to use the KIBsender software and documentation, together with all updates, enhancements, modifications and fixes thereto, which are owned by KIBsender. Based on your account type, there may differences in functionality between accounts.
1.2. Payment. We offer different monthly subscription plans. Our charges for our monthly plans are posted on our Website and may be changed from time to time. Payments are due for any month on the same date, or the closest date in that month, to the day you signed up with us and made your first monthly payment. If you reach the sending limit on your current plan, you will be prompted to upgrade to another plan, in order for you to send your campaigns.
1.3. Credit Card. Using KIBsender requires a valid credit card. When sending your first campaign you will be prompted to supply us with valid credit card information and authorize us to deduct the monthly charges against that credit card. It’s your responsibility to replace non-valid 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 are unable to process your credit card order, we will try to contact you by e-mail. Your account will be suspended until your payment can be processed.
1.4. Equipment. You must provide, at your own cost, all equipment and services to access KIBsender.com, including Internet access service and computer (PC/Mac). KIBsender is an online-hosted Software As Service company, and is accessible though your internet browser. We support multiple browsers, and always the latest versions. If you experience reduced functionality, you should upgrade to latest version of your browser or change to another browser.
1.5. Operating Policies. You agree to comply with the Operating Policies set forth in Addendum A, which are the rules that govern user activity in connection with the Service as KIBsender may amend them from time to time. KIBsender may remove any communications and materials that KIBsender believes in its sole discretion to violate the Operating Policies; however KIBsender does not guarantee that it will remove any or all of such material. Violations of the Operating Policies or other provisions of this Agreement may also result in termination or suspension of your account without further notice.
1.6. Limitations of Liability. Notwithstanding any provision to the contrary contained in this Agreement, except for its indemnification obligations for acts of negligence or willful misconduct, (i) KIBsender’s liability relating to or arising from a dispute or claim related to this Agreement (whether such liability, dispute or claim has arisen from a breach of contract or warranty, negligence or otherwise) shall not exceed the aggregate amount of payments previously paid by You to KIBsender pursuant to this Agreement during the twelve (12) month period preceding the date such claim is made, and (ii) KIBsender shall not be liable for any special, incidental, consequential, indirect or other similar damages relating to or arising from a dispute or claim hereunder, including but not limited to lost profits, lost savings, or loss of use, even if KIBsender has been advised of the possibility of such damages.
1.7. Copyright, Licenses and Idea Submissions. The entire contents of KIBsender are copyrighted and owned by KIBsender. Any redistribution, retransmission, copying or publication of any material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Service. You agree to grant to KIBsender a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to the Service (including chat rooms, discussion boards, forums, support and other communities) by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against KIBsender for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
1.8. Review. KIBsender reserves the right, but is not obligated, to review all communications and materials posted or uploaded to the service and to block or remove communications or materials that it determines to be (a) abusive, defamatory or obscene, (b) fraudulent, deceptive or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive, objectionable or otherwise unacceptable to KIBsender at its sole discretion. Any messages, advice, opinions or other information contained in any discussion or support area should not be construed as professional advice or instruction.
1.9. Information collected. When using our service you agree to that we collect and store information such as your IP address, name, company name, physical address, email address, phone number, credit card information, and other details like gender, occupation, and other demographic information. When you upload contacts to KIBsender, we have access to the data on your list and the information in your e-mail. We will not sell this data to other users, or let other users have access to your data. Neither will we share your lists with third parties, or contact people on your list, unless required by federal courts. We include single pixel gifs in the emails we deliver for you. We do that to measure your campaigns performance and to improve our features for specific segments of customers. Single pixel gifs allow us to collect information about when e-mails are opened, IP address, browsers used, location, e-mail client type, and other similar details. We use the data here from to create the statistics you see about who has or hasn’t opened e-mails or clicked links.
1.10. Indemnification. You agree to indemnify, defend and hold harmless KIBsender its officers, directors, employees, agents, suppliers and Licensors (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your Service account. We may view, copy, and internally distribute content from your e-mails and account to create code and programs that help us spot problem accounts. We may use this to find violators of these Terms and Conditions.
1.11. Third Party Rights. The provisions of paragraphs 5 (Review) and 6 (Indemnification) are for the benefit of KIBsender and its officers, directors, employees, agents, suppliers and Licensors. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
1.12. Term and Termination. This Agreement shall commence upon your accessing the Service and/or completing the registration process. This Agreement may be terminated by KIBsender without notice at any time for any reason and may be terminated by you upon notice to KIBsender by providing a written notice of your desire to terminate at least ninety (90) days prior to the expiration of the current or any renewal term of this Agreement. The provisions of the Disclaimer set forth below and of paragraphs 4 (Copyright, Licenses and Idea Submission), 5 (Review), 6 (Indemnification), 7 (Third Party Rights) and 9 (Miscellaneous) shall survive any termination of this Agreement.
1.13. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of Denmark. You agree that any legal action or proceeding between KIBsender and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Denmark. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises. KIBsender’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. KIBsender may assign its rights and duties under this Agreement to any party at any time without notice to you. Trademarks and service marks appearing on the Service may be owned by other parties including third parties not affiliated with KIBsender.
1.14. Force majeure. If either party shall be delayed in its performance of any obligation or be prevented from performing any such obligation due to causes or events beyond its control, including without limitation any Act of God, fire, strike or other labor problem, legal sanction, present or future law, government order, rule or regulation, such delay or nonperformance shall be excused and the time for performance shall be extended to include the period of such delay or nonperformance.
1.15. Notice. KIBsender may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Service, or by written communication delivered by first class U.S. mail to your address on record in KIBsender’s account information. You may give notice to KIBsender at any time via electronic mail to KIBsender or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
These operating policies govern your conduct on the Service. Your failure to comply with these policies may result in suspension or termination of your access to the Service, deletion of your account and depending on the circumstances legal action against you.
Please inform KIBsender promptly if there is a change in the information you provided to KIBsender at the time of registration, including change of address or name.
2.2. Account Access. You can not access this service unless you have a valid account with KontactIntelligence.com. If/when you initially register for the Service, your data from KontactIntelligence.com will be used to create your account. Your user ID in KontactIntelligence.com will be used to identify your user account.
2.3. You must register an account for any single user that wishes to use the service at your company.
2.4. You are responsible for keeping your account name and password confidential. You’ll immediately notify us of any unauthorized use of your accounts. KIBsender is not responsible for any losses due to stolen or hacked passwords. We don’t store your password, and we do not have access to your password. For security reasons, we may only reset your password.
2.5. You represent and warrant that you either own or have permission to use all of the material in your e-mails. You retain ownership of the materials (text, graphics, logos, content, as well as contacts) you upload to the Service. We may use or disclose your materials only as we describe in these Terms and Conditions.
2.6. You may NOT use KIBsender to send SPAM. You must follow the Compliance Guide in the CAN-SPAM act. You can view the CAN-SPAM act here. KIBsender advises that you always familiarize yourself with state and country specific laws, and regulations. Failure to comply with the CAN-SPAM Act, state and local laws may result in the immediate closure of your account, without further notice.
2.7. You MUST include the following in your email campaigns:
2.8. You may not use purchased, rented, or third party lists of email addresses. Failure to comply hereto may result in the immediate closure of your account, without further notice.
2.9. You may not post or transmit any message anonymously or under a false name. You may not permit any other person (other than an agent acting on your behalf and subject to your supervision) to access the Service using your account for any purpose.
2.10. You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program which is indecent, obscene pornographic, or offering to sell illegal goods or services.
2.11. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets, or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
2.12. You may not post or transmit any file which contains viruses, worms, "Trojan horses", or any other contaminating or destructive features.
2.13. You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the Service's intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, KIBsender reserves the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful or otherwise unacceptable.
2.14. You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not use KIBsender for affiliate marketing, online trading, multilevel marketing, gambling services, mortgages, loans, credit facilities, pharmaceutical products, make money programs, adult novelty or similar.
2.15. You may not use the facilities and capabilities of the Service to conduct any activity or solicit the performance of any activity which is illegal or which infringes on or violates the rights of others.
2.16. You may not use KIBsender to sent transactional mails.
2.17. You may not upload social security numbers, or your client’s credit card information to our servers.
2.18. You may only use KIBsender for your email campaigns. This service is not designed to 1 to 1 mail. We provide image hosting only for your email campaigns, so you may not host images on our servers for anything other than your email campaigns. KIBsender may throttle your sending at our discretion.
2.19. The aim is always to have all systems available 24 hours a day. KIBsender is entitled to suspend the service when maintenance or other technical circumstances demands so. We will notify users of any scheduled outages as early as possible in order to reduce the inconvenience in doing so. KIBsender aims to have as little downtime on our servers as possible. It is emphasized that KIBsender never be held responsible for any losses due to downtime on the servers.
2.20. KIBsender reserves the right to use your logo and business name as a reference in the marketing of KIBsender. This is applicable in all cases where the customer has an account with KIBsender.
2.21. By creating an account with KIBsender, you agree that KIBsender and KontactIntelligence.com may contact you by telephone, email or by post. This can for instance be in connection with confirmation emails, information about completed tasks, support or promotion of new initiatives.
2.22. KIBsender does not offer document hosting, or offer the ability to send “attachments”. If you wish to include attachments, it is best done by using KIBsender to send a link, and host the “attachments” at third party companies specializing in this.
Any information sent by through KIBsender should not be considered complete and should not be used in place of a visit, call, consultation or advice of your physician or other health care provider. KIBsender does not recommend the self-management of health problems. Information obtained by using KIBsender is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care-related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read in an email campaign sent though KIBsender.
Online discussion boards, forums and other support communities on this Service are moderated forums. The messages posted in these forums are not checked for accuracy. The opinions expressed in these forums reflect only the opinions of the individual authors and do not reflect the viewpoint of KIBsender. KIBsender is not responsible for any statements or materials posted in these forums.
Cookies may be used by KIBsender on an aggregate basis to track site navigation. This information is not traceable to an individual user. Navigation streams are used to assist us in determining where people go when visiting our site and how long they stay in a particular area. This information is used to improve our site and may be shared with advertisers.
Be aware that KIBsender has no control over the practices of other Web sites. Your computer may receive cookies from other sites and you will not be protected by KIBsender security and privacy policies.
The cookie feature can be turned off on your browser. For more information on turning off the cookie feature, consult your browser help section. If you choose to turn off cookies, you can still access all areas of our site. Once the cookie feature on your browser is turned off, you might have to "refuse" a cookie each time you encounter one searching our site.
An Internet Protocol (IP) address is a number that is automatically assigned to your computer by your Internet Service Provider (ISP) whenever you access the Internet. This number may be the same each time you access the Internet or it may change. Like other Internet sites, KIBsender uses IP addresses to collect aggregate information about numbers of visitors and site usage. The address is logged on our server when your computer requests information from KIBsender. KIBsender reserves the right, in rare instances, to use IP addresses to identify individuals who threaten our site, service or customers.
You represent and warrant that your use of KIBsender will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like CAN-SPAM, EU Data Privacy Laws, or other laws. If you’re located in the European Union (EU) or send to anyone in the EU, you represent and warrant that you comply with all EU laws and regulations, including member countries laws. You agree to indemnify and hold us harmless from any losses, including attorney fees, which result from your breach of any part of these warranties.
Failure to comply with these Terms & Conditions, Disclaimer and Addendums, can result in the immediate closure of your account, and loss of all your data.
We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we'll refund a prorated portion of your monthly prepayment. We won’t refund you if there’s cause, like a violation of these Terms and Conditions. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website.