By accessing, browsing or using this website and all EmailConsul owned and/or operated websites, you are agreeing to comply with and be bound by the following Terms of Use (the “Terms”) and all terms and conditions incorporated by reference.

Please review these Terms carefully before using the EmailConsul Website. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE OUR WEBSITE.

EmailConsul Reporting may, without notice to you, at any time amend these Terms and any other information contained on the EmailConsul Website. Your continued use of our Website after any changes to these Terms have been posted will be considered your acceptance of those changes.

You agree that your use of the EmailConsul Website is on behalf of your company or another legal entity and you hereby represent and warrant that you are not a consumer.

These Terms apply to the EmailConsul Website and to any secure areas/pages of this website. These Terms also apply to any and all online resources, materials, download areas, tools and interactive venues provided on the EmailConsul Website, including without limitation, any blogs, community forums, chat rooms, discussion sites, service offerings information (hereinafter, “Online Mediums”), both now and/or in the future. We may also publish medium-specific terms of use, in which event these Terms shall remain in full force and effect to the extent that the Terms do not conflict with the medium-specific terms of use.

The EmailConsul Website; their past, present and future versions; all pages found within the EmailConsul Website; the material and information on the EmailConsul Website; all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitation the design, structure, “look and feel” and arrangement of such content contained on the EmailConsul Website (hereinafter, the “Content”); trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled or licensed by or to EmailConsul Reporting, and are protected by intellectual property laws (the “Intellectual Property laws”), including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition laws. In using the EmailConsul Website or the Content, you acknowledge and agree to abide by all applicable Intellectual Property laws, as well as any specific notices contained on our Website. All rights not expressly granted are reserved.

The EmailConsul Website and the Content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, without our express prior written authorisation. Unauthorised use of the EmailConsul Website or the Content contained on or available through our Website or any linked websites may violate applicable Intellectual Property laws or other laws.

The EmailConsul Website, Online Mediums and Content may contain user or third party submitted content, such as feedback and suggestions, posts or submissions and other materials (hereinafter, the “Submissions”) intended for review by the general public, or by members of any public or private community. We do not claim ownership of the Submissions and to the full extent permitted by law shall have no obligation or liability of any kind, including without limitation errors, omissions, or damages, with respect to Submissions. Submissions are not reviewed, approved or endorsed by us and are provided solely for convenience to our customers and users. We reserve the right to monitor, restrict access to, edit or remove any Content available via the Online Mediums.

EmailConsul retains copyright and/or applicable rights to all text and graphic images supplied on EmailConsul Website.

You may print and download the information on the EmailConsul Website for your own personal, non-commercial and educational use. Unless permitted by mandatory rules of law, you may not distribute any text or graphics featured on the EmailConsul Website to others without the express written permission of us, “mirror” this information on your own site without written permission from us, or modify or re-use in any way the text or graphics on this site.

You may not use the EmailConsul Website, Content or Online Mediums for any purpose or in any manner that infringes the rights of any third parties.

The trademarks, service marks, logos, slogans and domain names (“Marks”) referenced on the EmailConsul Website are either common-law trademarks or registered trademarks of EmailConsul or its subsidiaries and are protected by trademark and other laws in the United States, Ukraine and other countries, and international laws and treaties.

Use of EmailConsul trademarks is prohibited unless expressly authorised by EmailConsul. You are not permitted to use any Marks displayed on the EmailConsul Website, metatags or any other “hidden text” utilising Marks of EmailConsul and its licensors, without the prior written permission of EmailConsul or such third party who may own the Mark. Without the express prior written consent of EmailConsul, no Mark may be used in a manner that implies an affiliation with, approval by, endorsement of or sponsorship by EmailConsul.

All Marks remain the sole property of their respective holders. You may print copies or download copies of the information on this site for your own personal, non-commercial and educational use.

You may not distribute any text or graphics herein to others without the express written permission of EmailConsul, “mirror” this information on your own site without permission from EmailConsul, or modify or re-use in any way the text or graphics on this site.

The names of actual companies and products mentioned on the EmailConsul Website may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement or association with EmailConsul. Nothing contained on the EmailConsul Website should be construed as granting, by implication or otherwise, any licence or right to use any Marks displayed on the EmailConsul Website.

EmailConsul channel partners may use the channel partner logo as specified in their agreement with EmailConsul and according to specific guidelines and other partner program resources provided to channel partners.

Our privacy policy, as it may change from time to time, applies to the collection and use of personal data and is made a part of these Terms by this reference. The privacy policy is available on the same EmailConsul Website that features these Terms.

Access to and use of password-protected areas of the EmailConsul Website is restricted to authorised users only. You agree that you:

(i) will provide current, complete and accurate identification, contact and other information about you as you may be prompted by the registration process on the EmailConsul Website;

(ii) are responsible to maintain, keep current and update any registration data and other information you provide to us;

(iii) are entirely responsible for maintaining the security of your password, identification and account and for any and all activity that occurs under your account; and

(iv) will notify us immediately of any unauthorised access or use of your credit/debit cards, account or password or any other breach of security.

You understand that any person with your password will be able to access your account and any registration data, including, without limitation access to your servers and applications accessible through your account. You accept sole risk of unauthorised access to your account. To the full extent permitted by law, we will not be liable to you for any loss, you may incur as a result of someone else using your password or account with or without your knowledge. You may be held liable for losses incurred by us or any other user or visitor to the EmailConsul Website due to someone else using your password or account because of your non-performance under these Terms. You may not use anyone else’s account at any time, without the permission of the account holder.

We appreciate hearing from you. Blogs, community forums, chat rooms and other discussion sites may be made available to our customers and users. You acknowledge and agree, that any content you, as a user, may submit via the Online Mediums will become public information and it shall be deemed to be provided on a non-confidential basis. You should always use caution when submitting personal data about yourself or third parties in any Online Mediums. Without prejudice to the limitations of use of your personal data as set out in our Privacy Policy, as it may change from time to time, we are free to use or disseminate such contributed content on an unrestricted basis for any purpose, and you grant us an irrevocable, worldwide, perpetual, royalty-free licence to use, reproduce, modify, adapt, incorporate, transmit, display, publish, post, resell and otherwise distribute such contributed content (including, without limitation, creative ideas, suggestions, materials, names, and other personal data) in any form and media now known or which shall become known in the future for any purposes whatsoever, including without limitation, using such information, ideas, inventions and creative ideas for development, marketing and promotional purposes, without any notice or compensation to you.

We are under no obligation to use the contributed content and may remove any such content at any time at our sole discretion. We reserve the right to terminate your access to Online Mediums at any time, without notice, for any reason whatsoever.

You represent and warrant that you own or otherwise have permission to submit any such materials and grant us the rights described herein.

You agree not to upload, post or otherwise transmit any content that:

(i) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libellous, racially, ethnically, religiously or otherwise objectionable;

(ii) constitutes the unauthorised disclosure of personal or confidential information;

(iii) infringes any patent, trademark, trade secret, publicity right, privacy right, copyright or other intellectual property or any rights of any party;

(iv) contains viruses, Trojan horses, worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity and obtain sensitive personal or financial information.

(v) You may not sell, resell, rent, lease, share or provide access to your Account to anyone else. We reserve all available legal rights and remedies to prevent unauthorized use of our Services, including, but not limited to, technological barriers, IP mapping regarding such unauthorized use.

You also agree not to use the EmailConsul Websites to:

(i) impersonate an employee or a representative of EmailConsul its divisions and subsidiaries;

(ii) misrepresent your identity or affiliation with a person or entity;

(iii) send bulk mail, spam, “chain letters” and other unsolicited and unauthorised communication;

(iv) attempt to gain unauthorised access to any portion or feature of the EmailConsul Website or any other system or networks connected to the EmailConsul Website or any other services offered through the EmailConsul Website, and/or other accounts not belonging to you, or violate security of any portion of the EmailConsul Website, by hacking, password mining or any other means;

(v) obtain or attempt to obtain any information, materials or documents not purposely made available through the EmailConsul Website through any means;

(vi) attempt to interfere with the proper working of the EmailConsul Website or any transaction being conducted on the EmailConsul Website or to restrict or inhibit any other user from accessing or using the EmailConsul Website, by means of hacking or defacing any portion of the EmailConsul Website;

(vii) violate any applicable local, state, national or international law.

Specific terms and conditions apply to your purchase of services from EmailConsul and to specific portions or features of the EmailConsul Website. EmailConsul’s obligations with regards to its services offered on the EmailConsul Websites are governed solely by such terms and conditions and nothing contained on the EmailConsul Website or in these Terms shall be construed to alter terms and conditions that are specific to services. The materials on the EmailConsul Website with respect to services may be outdated and we make no commitment to update such material. Not all services mentioned in these materials will be available in your country and such references do not imply that we will make available such services in your country. Please consult us for information regarding the availability of particular service offerings in your country.

The EmailConsul Website may contain or offer promotions or other similar features, which may be subject to a separate set of rules that describe the promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements in connection with the applicable contest or promotion.

The EmailConsul Website may contain links and references to non-EmailConsul websites and resources (“Linked Websites”) and are provided for convenience only. If you decide to leave our Website and access Linked Websites, you do so at your own risk and we will have no liability arising out of or related to such Linked Websites and/or their content or any damages or loss caused or alleged to be caused by or in connection with any purchase or use of any such content, goods or services available on or through any such Linked Website. We have not reviewed the Linked Websites and we are not responsible for the content, accuracy or opinions expressed on these websites. Inclusion of these links on the EmailConsul Website does not apply our approval or endorsement of the Linked Websites, their entities or products and services. Please understand that the Linked Websites, even if they contain a EmailConsul logo, are independent websites, and we do not control the content on that Linked Website. Additionally, we are not a party to or responsible for any transaction you may enter into with any such third party, even if you learn of such third party from EmailConsul, by way of reference or link provided on the EmailConsul Website.

We use “Google Analytics” to collect information about use of this Site, such as how often users visit the Site, what pages they visit when they do so, and what other sites they used prior to coming to this Site. Google Analytics collects only the IP address assigned to you on the date you visit this Site, rather than your name or other identifying information.

Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this Site. This cookie cannot be used by anyone but Google, Inc. The information generated by the cookie will be transmitted to and stored by Google servers. We use the information received from Google Analytics only to improve services on this Site. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to this Site is restricted by the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this Site by disabling the Google Analytics cookie on your browser.

EmailConsul uses tools like “Google Postmaster” & “Microsoft SNDS” to check your email reputation and monitor better deliverability to the receivers of your mail. These tools may collect information about you, and may also plant cookies on your system. Any data collected by these tools is independent of the information collected by EmailConsul and we are not responsible for any breach of data from the servers of these third parties. Any information collected by these parties is governed by their privacy policy. We encourage you to carefully read the Privacy Policy of these tools at their websites.

All statements on the EmailConsul Website could be deemed forward-looking statements, including, but not limited to, any projections of financial information; any statements about historical results that may suggest trends for our business; any statements about operational improvements or third party data that may suggest trends for our business or industry; any statements of the plans, strategies, and objectives of EmailConsul for future operations or service offerings; any statements of expectation or belief regarding future events, potential markets or market size; technology developments, and any statements of assumptions underlying any of the items mentioned. Risks, uncertainties and assumptions include the possibility that expected benefits from our operational improvements or service offerings may not materialise. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties that involve risks, many of which are beyond our control and not guarantees of future performance. If such risks or uncertainties materialise or such assumptions prove incorrect, the results of EmailConsul could differ materially from our current expectations as a result of many factors, including but not limited to: the unpredictable nature of our rapidly evolving market and quarterly fluctuations in our business; the effects of competition; and any adverse changes in our indirect channel relationships. Except as required by law, we assumes no obligation to update these forward-looking statements publicly or to update the reasons, and actual results could differ materially from those anticipated in these forward-looking statements, even if new information becomes available in the future.

To the fullest extent permitted by applicable law, you expressly understand and agree that we and any contributor to the user-generated content (“EmailConsul Licensors”) SHALL NOT BE LIABLE to you for:

1) any loss or damage which you may incur, including without limitation as a result of any reliance placed by you on the accuracy, completeness or suitability of the Content, or any changes we and EmailConsul Licensors may make to the EmailConsul Website or any temporary interruption or permanent cessation in the provision of the Online Mediums and Content, or, if applicable, your failure to safeguard your account details or passwords;

2) any loss or damage which you may incur as a result of your leaving the EmailConsul Website and accessing Linked Websites. This includes without limitation any loss or damage that you may incur as a result of any reliance placed by you on the accuracy, completeness or suitability of the content on Linked Websites;

3) to the full extent permitted by law, any damages whatsoever, including without limitation direct, indirect, special, incidental, consequential damages arising out of or in connection with your use of, your inability to use or results of the use of the EmailConsul Websites and any Linked Websites (including without limitation for loss of or damage to business, revenues, goodwill or data) even if we and EmailConsul Licensors had previously been advised of or reasonably could have foreseen, the possibility of such loss or damages, however, they arise, whether in breach of contract, negligence or other tortious action.

Nothing in these Terms shall exclude or limit liability to a greater extent than is permitted by applicable law and nothing in these Terms shall exclude or limit liability for fraud, fraudulent misrepresentation, or for death or personal injury caused by negligence.

To the fullest extent permitted by applicable law, you agree to indemnify and hold EmailConsul, its subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives and EmailConsul Licensors, their subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives harmless from any claims and demands, including reasonable attorneys’ fees, made by any third party arising from or relating to:

(i) your use of and access to the EmailConsul Websites, any Online Mediums and Content;

(ii) the content you submit, post, transmit or otherwise make available via the EmailConsul Websites and Online Mediums;

(iii) your violation of these Terms. This indemnification obligation will survive the termination of your EmailConsul account or these Terms.

The Terms constitute the entire agreement between you and EmailConsul relating to your use of and access to the EmailConsul Website and Online Mediums and Content. You may also be subject to Online Medium or Content specific terms of use. Where these Terms intend to create any right for any third party to rely upon these Terms in any way and/or where specific clauses of these Terms are considered to be so-called “third party stipulations” and such are accepted by the respective third party, such third party shall not become a party to the agreement between you and EmailConsul. The laws of the State of New York, USA shall govern any action related to the Terms, without regard to the choice of law rules. In any dispute between you and us, you agree to submit to the non-exclusive jurisdiction of the courts located in New York. In the event of any violations of the Terms, we reserve the right to disable your access to the EmailConsul Website and seek all remedies available by law and in equity.

Thank you for reading through these Terms. Please enjoy our EmailConsul Website.