Quikmail Terms

The following policies provide additional terms and conditions related to your Quikmail account. In addition to these Terms and Conditions, customers who order the Quikmail product must also comply with and accept the Quikclicks General Terms and Conditions.

The Quikmail Product may not be used for the sending of unsolicited Email (sometimes called “SPAM”). If you are unsure of what constitutes as SPAM, please click here.

Your Warranties

Subject in each case to the terms listed in the remainder of this Agreement, you warrant that:

You have not entered into this agreement or obtained any Services on the basis of, or in reliance on, any statement or representation (whether made orally or in writing and regardless of the medium used) made by either QuikClicks or its Supplier concerning this agreement or any of the Services, other than any statement or representation contained in this agreement;

• You are at least 18 years of age;
• The Products may not be used for the sending of unsolicited Email (sometimes called “SPAM”).
• The Products may only be used for lawful purposes.
• The Email Marketing Product will be subject to monthly subscription fees that are paid in advance. In addition to these fees, the E-Mail Marketing Product may also be subject to per message and overage charges should you use what QuikClicks constitutes as a “higher than average” amount of bandwidth traffic on your account or “higher than average” individual size per Email sent.
• You agree you will not access or otherwise use third party mailing lists or otherwise prepare or distribute unsolicited Email, in connection with the Products.
• You agree to import, access or otherwise use only lists for which all listed parties have consented to receive correspondence from you (“Permission Based Lists”) in connection with your use of the Products. You acknowledge and agree that not all messages sent through use of the Products will be received by their intended recipients.
• Every Email message sent by you in connection with the Products must contain the QuikMail “unsubscribe” link that allows the recipient to remove themselves from your mailing list.
• You will comply with the restrictions on content of Email messages and activities using the Products as set forth in this Agreement.

Subscriber Removal

Every Email message sent in connection with the Quikmail Product must contain an “unsubscribe” link 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 QuikClicks. 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 that have not been automatically removed from the Quikmail product directly within 10 days of submission, and update the Email addresses to which messages are sent through your Quikmail account.

Permission Practices

You agree to import, access or otherwise use only Permission Based Lists in connection with your use of the Products. You hereby acknowledge that you shall not use any other lists in connection with your use of the Products. If you have used the Quikmail 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 utilise the Quikmail 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 Quikmail template or any other features or functionality from the Quikmail Product and use them for any purpose other than sending Email messages from the Quikmail Product.

Emails that you send through the Quikmail Product may generate spam complaints from recipients. As a matter of privacy, QuikClicks 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. QuikClicks, in its sole discretion, shall determine whether your level of spam complaints is within the average industry amount, and its determination shall be final, binding and conclusive for all purposes under this Agreement. QuikClicks will terminate your use of its Products if QuikClicks determines that your level of spam complaints is higher than the industry average.

Every Email sent generated from the Quikmail product contains a mandatory unsubscribe link If the link is removed, de-activated or made less visible in any way, QuikClicks will terminate the customer’s Quikmail account.

Footers

For every Email message sent in connection with the Products, you acknowledge and agree that QuikClicks may add an identifying footer stating “Powered by Quikmail” or a similar message or URL at the base of your Emails. If the message or URL is removed, de-activated or made less visible in any way, QuikClicks will terminate the customer’s Quikmail account.

Use of Images Hosted by QuikClicks

Images hosted by Quikmail in the Quikmail Image Library may only be used in connection with the Products and for no other purpose whatsoever. Quikmail accounts allow for the storage of 10MB of images. Storage in excess of this amount will be liable to an additional charge. To avoid “higher than average” amount of bandwidth traffic on your account or “higher than average” individual size per Email sent, you acknowledge that you will only upload images to your Quikmail Image Library that are less than 100kb in size each.

Prohibited Content

QuikClicks prohibits the use of the Quikmail Product or Quikmail website by any person or entity that:

• Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
• Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.
• Provides, sells or offers products, services or content frequently associated with unsolicited commercial Email, a.k.a. spam, such as online pharmacies, work at home businesses, credit or finance management, mortgage and debt relief offers, DJ/nightclub, event/club promotions/party lists, odds making, and betting/gambling services.
• Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
• Posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in the case of a minor).
• Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
• Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
• Promotes, solicits or participates in pyramid schemes or multi-level marketing (MLM) businesses.
• Engages in any libelous, defamatory, scandalous, threatening, harassing activity.
• Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
• Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.

Right to Disable Access

QuikClicks, at its own discretion, may immediately disable your access to the Quikmail Product without refund if QuikClicks believes in its sole discretion that you have violated any of the policies listed above or elsewhere in this Agreement.

Termination

QuikClicks may delete any of your archived data within thirty (30) days after the date of termination. After termination, you shall process all unsubscribe requests within thirty (30) days of your last Email campaign. QuikClicks 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.

Should your account be terminated for a period of thirty (30) days or longer, QuikClicks has the right to permanently delete your subscriber data. All accounts that have been terminated are subject to the full setup fee, should a customer wish to re-activate the account.

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.

Compliance with Laws

You shall use the Products only in compliance with Australian anti-spam laws 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 QuikClicks has no obligation to monitor the content provided by you or your use of the Products, QuikClicks may do so and may block any e-mail messages, remove any such content or prohibit any use of the Products that QuikClicks believes may be (or is alleged to be) in violation of the foregoing.

Indemnification

You hereby agree to defend, indemnify and hold harmless QuikClicks 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 Quikmail Product or (iii) otherwise arises from or relates to your use of the Quikmail Product. In addition, you acknowledge and agree that QuikClicks has the right to seek damages when you use the Quikmail Product 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.

Warranty Disclaimer

Use of the Quikmail product and any reliance by you upon the Quikmail product, including any action taken by you because of such use or reliance, is at your sole risk. QuikClicks does not warrant that the Quikmail product will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the product. The Quikmail product is provided “as is” and QuikClicks disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.