By posting updated versions of the Agreement on the Coffeemail website, or otherwise providing notice to you, Coffeemail may modify the terms of this Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Coffeemail website. Your continued use of the Services will constitute your acceptance of the variation to the Agreement. Coffeemail will use reasonable efforts to make you aware of any changes to the terms of this Agreement. If you elect to discontinue using the Services due to any changes to the Agreement made under this section 1.1, you will be entitled to a refund for any unused, prepaid amounts for the Services.

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, your use of the Services is expressly prohibited.

The Services enable corporate, small business and community websites to sign up website visitors, collect and retrieve visitor sign-up data, and to develop and execute email communications with visitors and others (including your customers).

Both the number of email messages sent and the number of KiloBytes of data transferred are metered by Coffeemail. Normal Coffeemail accounts allow you to send an unlimited number of email messages. The total KiloByte data transfer of each message can be no more than 300kb.

All email delivery prices are subject to change at any time. All fees paid to Coffeemail for the Services are non-refundable, unless an account is terminated by you under clause 1.1 or by Coffeemail for a reason other than violation of the Anti-Spam Policy. Payment for Services must be made by a valid credit card accepted by Coffeemail, unless other payment arrangements have been made between you and an authorised Coffeemail representative. You hereby authorise Coffeemail to charge your credit card whenever you use the Services to send a campaign to more than 5 recipients. Fees are payable in Euros. If Coffeemail is for any reason unable to effect automatic payment via your credit card, you will be notified via email. All prices are subject to change and you are responsible for reviewing the Pricing Schedule from time to time and for remaining aware of the fees charged by Coffeemail for the Services.

For all accounts, Coffeemail may charge an account re-activation fee should an account need to be re-activated by a customer after an account has become de-activated due to non-payment, an untimely authorisation for payment, or any other breach of this Agreement.

You must complete the registration form on this signup page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. As part of the registration process, you will identify an email address/username and password for your Coffeemail account. You are responsible for maintaining the security of your account, username, passwords, and files and for all uses of your account and of the Services in your name. Coffeemail reserves the right to refuse registration of, or cancel accounts it deems inappropriate.

It is understood that Coffeemail makes no guarantee that HTML messages will be rendered properly on all recipients' email programs, due to the wide variety of HTML generation tools available. Coffeemail makes every reasonable attempt to make sure that all email messages sent through our servers follow email standards, but we cannot guarantee that messages will look consistent across all email platforms due to the number of different HTML composition tools available. For example, if you use Microsoft Word to generate HTML email messages, it is expected that recipients of your message using a non-Microsoft email application may have difficulty reading your message. For best results Coffeemail recommends the use of HTML editors that generate HTML that adheres to W3C standards.

For a Trial account you agree to let Coffeemail email you for the purposes of a follow-up to decide whether you intend to use Coffeemail's services or not. All inactive Trial accounts will be deleted after a period of 60 days.

This is an Agreement for the Services, and you are not granted a licence to any software under this Agreement (except to the extent required for you to use the Services). Except to the extent that applicable laws prevent Coffeemail from doing so, 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; reproduce or copy the Software or the Services or any part thereof; 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. 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. If you are using the Services in any country in the European Community or Australia, 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 or the Australian Copyright Act 1968 (Cth).

You acknowledge and agree that the Services, the Software, the Coffeemail company names and logos and all related product and service names, design marks and slogans, and all other material comprising the Software or the Services, are the property of Coffeemail or its affiliates or suppliers (collectively, the "Marks"). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/ or other intellectual properties are owned by Coffeemail or by other parties that have licensed their material to Coffeemail. You are not authorised to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Coffeemail. 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 Services, the Software or the Marks. All ownership rights remain in Coffeemail or its third party suppliers, as the case may be.

You represent, covenant, and warrant that you will use the Services only in compliance with this Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree that 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 Coffeemail 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 the foregoing or otherwise arising from or relating to your use of the Services. You acknowledge that you are responsible for the content of any emails or messages sent using the Services. Although Coffeemail has no obligation to monitor the content provided by you or your use of the Services, Coffeemail may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.

The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates Australian or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libellous, or in any way a violation of intellectual property laws or a third party's intellectual property rights.

In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Coffeemail. Coffeemail 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 to communicate separately with you.

Coffeemail will not use any of your subscriber lists or any other customer information for any other purposes than those related to the Services. Your customer information will not be shared with any other parties. In addition, Coffeemail will not use your customer information for the purpose of sending unsolicited commercial email.

You will adopt and maintain a policy that complies with all applicable privacy laws and which is at least as stringent as our Privacy Policy (as modified by Coffeemail from time to time). You acknowledge that all personal information that you provide to us has been collected with the relevant individual's consent, and that you have informed the individual of the purpose for which that information was collected, and that you may provide this information to us for the purposes of use in relation to the Services. You acknowledge that we may store the personal information that you provide to us on servers located in the United States of America, and you warrant that you have obtained the consent of the relevant individuals to the storage and transmission of their personal information in this manner.

You must not use the Services to distribute illegal contests, pyramid schemes, chain letters, multi-level marketing campaigns, or any other prohibited material.

You must not use the Services to send email campaigns that link to or display nudity, obscene content, gambling related content, pharmaceutical related content, illegal software, viruses, or to distribute any other content that we deem inappropriate.

You must not use the Services for the sending of unsolicited email (sometimes called "spam"). See our Anti-Spam Policy (which forms part of this Agreement) for further information.

All rights not expressly granted are reserved.

The Services may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under Coffeemail's direct control and Coffeemail accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to the Services). You acknowledge that Coffeemail is entitled to require you to remove any link from another website to the Services which you install without obtaining Coffeemail's prior written consent.

You may terminate this Agreement at any time by sending an e-mail message to ideas@coffeemail.com or by sending written notice to Coffeemail, ADDRESS . Correspondence must include your first name, last name, and Coffeemail username. No refunds will be issued if you terminate this agreement.

Coffeemail may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Coffeemail shall have no liability to you or any third party because of such termination. If Coffeemail terminates this agreement because you violated the Anti-Spam policy, no refund will be issued.

Coffeemail may delete any of your archived data within 30 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.

If you do not log into your account for more than 120 days, the account will become inactive. When an account is classified (at Coffeemail's sole discretion) as inactive, Coffeemail will flag that account as inactive. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER SIGNUPS, MAY BE PERMANENTLY REMOVED FROM THE Coffeemail DATABASE.

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.

Coffeemail 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 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.

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 Coffeemail in any respect whatsoever.

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 NSW Australia 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 Sydney, New South Wales, Australia.

The application of the United Nations Convention on Contracts for the International Sale of Goods (known as the Vienna Sales Convention 1980) is excluded from this Agreement.

All Coffeemail customers must follow the rules of the Australian Spam Act 2003 (Cth) (and equivalent anti-spam legislation in all applicable countries) and Coffeemail's Anti-Spam policy when sending emails through the Services. We require the following (among other things) of all email messages sent through the Services:

All emails must contain an "unsubscribe" link or other mechanism that allows subscribers to remove themselves from your mailing list. 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 Coffeemail. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link. Coffeemail scans every campaign for the existence of an unsubscribe link. If an unsubscribe link is not detected, you will be informed and required to include an unsubscribe link before continuing.

All emails must contain non-Internet contact information of the sender or the entity on whose behalf the email was sent, such as that entity's address or phone number.

All emails must state the reason the recipient is receiving the message. For example, "You are receiving this message from ABC Company because you signed up for our email list at www.abc.com."

All emails must be compliant with any disclosure requirements that apply to the sender (e.g., some countries' laws require that business letters, including emails, contain further identification details as to the form of the organization, the place of incorporation, the names of executives etc.)

You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used; please contact Coffeemail if you have questions).

You cannot mail to distribution lists, newsgroups, or spam email addresses.

You are responsible for monitoring, correcting, processing unsubscribe requests within 5 days, and updating the email addresses to which messages are sent through your Coffeemail account.

Emails that you send through the Services may generate abuse complaints from recipients. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. Coffeemail, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.

Coffeemail, at its own discretion, may immediately disable your access to the Services without refund if Coffeemail believes in its sole discretion that you have violated any of the email and permission practices listed above, or our Anti-Spam Policy.