TERMS OF SERVICE

Please read these Terms of Service together with our Privacy Policy (further bellow), that apply for all services, features or applications on the dMailer website. These Terms of Service set forth the legally binding terms and conditions for your use of the website and our services.

You understand that by visiting the website and/or using our services you accept these Terms of Service. We reserve the right to change the terms at any time without prior notice. If you disagree with any provisions herein you should stop visiting our website and/or using our services.

Account

While visiting the website does not require you to have an account, you will need to register for an account or provide us with your email if you wish to use our services. You must provide accurate and complete information and keep your account information updated. You are solely responsible for the activity that occurs on your account, and for keeping your account password secure. You will have the ability to either delete your account or have it removed through a request made to one of our employees or affiliates at any time and for any reason, which will terminate this agreement. Once terminated, we may permanently delete your account and all the data associated with it, including your emails.

Content

The website contains content provided by us and our partners which is protected by copyrights, trademarks, designs, patents, trade secrets or other proprietary rights and laws. Subject to these Terms of Service, we grant each user a worldwide, non-exclusive, non-sublicensable and non-transferable license to use the content solely for the purposes of using the service. Use, reproduction, modification, distribution or storage of any content for other purposes is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any content for commercial use or in any way that violates any third party right or these Terms of Service.

Users of the services may also have the possibility to upload their own content for the purpose of using the services. By uploading the content you hereby grant us a worldwide, non-exclusive, perpetual, royalty-free and fully paid license to use, reproduce, distribute and display for the purposes of performing the services. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Spam

As we are an email service provider, we wish to protect our company’s, partners’ and our users’ business and therefore do not tolerate spam-related abuse. It is in our and your best interest to keep the system clean, because our reputation and deliverability depend on it. That is why you may only use our services to send emails only to those who have given you written permission to send emails to them and did not object to receiving promotional content from you. If you send emails to a list and get an unusual amount of spam complaints, ISPs will start blocking emails from your company and instruct us to shut down your account. If you do not have proof that every recipient on your list opted-in to receive your emails do not import their email addresses for the purpose of using our services.

Rules of conduct

I. As a condition of use, you promise not to use the services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the services.

II. You will not take any action or upload, create, download or make and distribute campaigns with any content on or through the service, including without limitation, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty,
  • you know is false, misleading, untruthful or inaccurate,
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion,
  • constitutes unauthorized or unsolicited advertising, junk or bulk email ("spamming"),
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party,
  • impersonates any person or entity, including any of our employees or representatives or
  • includes anyone’s identification documents or sensitive financial information.

III. You shall not:

  • take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure,
  • interfere or attempt to interfere with the proper working of the services or any activities conducted on the services,
  • bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the services (or other accounts, computer systems or networks connected to the services),
  • run any form of auto-responder or "spam" on the services,
  • use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the site or
  • otherwise take any action in violation of our guidelines and policies.

IV. You will not directly or indirectly

  • decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the services,
  • modify, translate, or otherwise create derivative works of any part of the services or
  • copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You will abide by all applicable local, state, national and international laws and regulations.

V. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to satisfy any applicable law, regulation, legal process or governmental request, enforce these Terms of Service, including investigation of potential violations hereof,detect, prevent, or otherwise address fraud, security or technical issues, respond to user support requests, or protect the rights, property or safety of us, our users and the public.

Limitation of Liability

Any reliance on or use by you of any information available on the website will be entirely at your own risk. In no event will our affiliates or we be liable to you or any other party for any direct, indirect, special, consequential, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the website.

General Terms

Our Terms of Service will be treated as though it were executed and performed in Slovenia, and will be governed by and construed in accordance with the laws of Slovenia, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Our failure to enforce any provision of our Terms of Service will not be deemed a waiver of such provision nor of the right to enforce such provision.

Contacting Us

If you have any questions about this Terms of Service, please contact us at support@dmailer.net.

Privacy policy

At dMailer we highly value our user’s privacy. You should carefully read this Privacy Policy as it explains what information we collect when you visit and use our website and our web service and also the ways we use, disclose and protect that information. These terms apply to your use of www.dmailer.net, www.eecard.dmailer.net and our web service. Should you disagree with any of the provisions herein, you should leave our website and stop using the web service.

Data Collected

We collect anonymous information and data from visitors to monitor the access and use of our website. This information is used to help us understand who uses our website and web service, to improve and market our website and web service and to design and develop new products. We collect information like web requests, the data sent in response to such requests, the Internet Protocol address, the browser type, the browser language, a timestamp for the request and other anonymous statistical data relating the use of our website and web service.

Our website also collects cookies that enable us to recognize your browser and capture and remember certain information. We use cookies to help us remember and process data about site traffic and site interaction so that we can offer better site experiences and tools in the future. You can choose to turn off all cookies via your browser settings, meaning that some of our services may not function properly.

We request personally identifiable information from you when you log in on our website. Such information may include your name, last name, company’s name, email address, user name, password, credit card information, bitcoin information and other registration information. In all of these cases, we will collect information from you only if you voluntarily submit such information to us by registering manually and we will only use your personal information for the purpose it was collected. You may however, visit our website anonymously, but you will not be able to use our provided services.

When you import emails into your account we will also have access to the data on your lists. This data will be used only for the purpose of providing you statistical and other relevant information as part of our web service.

Data Use and Sharing

We use the collected information and data to provide, maintain, improve, develop and protect our services and to perform business analyses, which helps us to improve the quality of our business, website and service.

Information including lists and emails will not be given, sold or traded to any other company, organisation or individual outside Kendu d.o.o. and our affiliates for any reason whatsoever, and will only be used for the express purpose of delivering our web service. This does not include trusted third parties who assist us in conducting our business or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our website policies or protect ours or others rights, property, or safety.

If you click on or interact with a hyperlink that you find on the website or through our service, you may leave our website or send information to a different website. Our Privacy Policy does not apply to your interactions with other websites, even if you find a link to them on our website that is why you should read the relevant party’s privacy policy to see how your information will be treated on its site.

As part of providing you the service, we may also need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the services, which you may not be able to opt-out from receiving.

On our website we use social buttons provided by services like Twitter, Facebook, LinkedIn and Google+. Your use of these third party services is entirely optional. We are not responsible for the privacy policies and/or practices of these third party services and you are responsible for reading and understanding those third party services’ privacy policies.

Data Conservation Time

The data collected as stated in this Privacy Policy will be kept by Kendu d.o.o. for the time necessary to provide the service or stated by the purposes outlined in this document. The application user can always request Kendu d.o.o. to remove the user’s personally identifiable information.

Security

The security and confidentiality of your information is extremely important to us, and we take a number of steps to safeguard any personally identifiable information that you provide to us. We use data encryption technology to help protect against loss, misuse or alteration of your information. Secure Socket Layers encrypt the information sent between your computer and our database. However, no method of transmitting or storing electronic data is never completely secure, and therefore we cannot warrant or guarantee that such information will never be accessed, used or released in a manner that is inconsistent with this policy.

Data protection directive

To protect the fundamental rights and freedoms of users, especially the right to privacy with respect to the processing of personal data, we declare that we are in compliance with the Slovenian Data Protection Law and therefore in compliance with the European Data Protection Directive.

Privacy Policy Changes

We may amend this Privacy Policy at any time by posting the most recent version, along with an indication of the date on which the Privacy Policy was amended most recently. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. Users are bound by any changes to the Privacy Policy when they use the services after such changes have been first posted. If you object to any changes, you should stop using our service and close your account. This Privacy Policy was last modified on September 15th, 2015.