Blogsend Terms of Service

Thanks for using Blogsend!

Please read these Terms carefully. By using Blogsend or signing up for an account, You're agreeing to these Terms, which will result in a legal agreement between You and Blogsend ("Agreement").

We'll start with the basics, including a few definitions that should help you understand these Terms.

Blogsend ("Blogsend," "We," or "Us") is an email subscription service (the "Service"), offered through blogsend.io (we will call this the "Website"), build, owned and operated by the private person @fiiv. Blogsend is created for bloggers to allow the readers to subscribe to the blog and have the latest post of the Blogger emailed to them upon publishing.

You as a subscriber of our Service, or a representative of an entity that is a customer of our Service, is referred to in this Agreement as "Subscriber", "Blogger" or "You".

  1. Terms

    These Terms of Use ("Terms,") define the terms and conditions under which You are allowed to use the Service in accordance with the Agreement, and how We will treat Your account while You're a subscriber.

    By accessing the website at blogsend.io and/or signing up to the Service, You are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that You are responsible for compliance with any applicable local laws.

    If You do not agree with any of these terms, You are prohibited from using or accessing this Website. The materials contained in this Website are protected by applicable copyright and trademark law.

  2. Eligibility

    In order to use the Service, You must:

    • be at least eighteen (18) years old and able to enter into contracts;
    • complete the registration process;
    • agree to these Terms;
    • provide true, complete, and up-to-date contact and billing information.

    By using the Service, You represent and warrant that You meet all the requirements listed above, and that You won't use the Service in a way that violates any laws or regulations. Note that by representing and warranting, You are making a legally enforceable promise.

    Blogsend may refuse service, close accounts of any Subscribers, and change eligibility requirements at any time.

  3. Term

    When You sign up for the Service and agree to these Terms, the Agreement between you and Blogsend is formed, and the term of the Agreement (the "Term") will begin. The Term will continue for as long as you have a Blogsend account or until You or We terminate the Agreement in accordance with these Terms, whichever happens first. Entering Your name, email, password and credit card number and clicking the "Sign up" button means that You've officially "signed" and accepted the Terms. If You sign up for the Service on behalf of a company or other entity, You represent and warrant that You have the authority to accept these Terms and enter into the Agreement on its behalf.

  4. Subscription

    Subject to the payment of the Subscription Fee, permission is granted to temporarily download one copy of the Blogsend Widget for personal, non-commercial use only. This is a subscription, not a transfer of any title, and under this Subscription You may not:

    1. modify or copy the Widget;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Blogsend's website;
    4. remove any copyright or other proprietary notations from the Widget or any other materials; or
    5. transfer the Widget or any other materials to another person or "mirror" the materials on any other server.

    The Subscription shall automatically terminate if You violate any of these restrictions and may be terminated by Blogsend at any time. Upon terminating Your viewing of these materials or upon the termination of the Subscription, You must destroy any downloaded materials in your possession whether in electronic or printed format.

  5. Closing Your Account

    You or Blogsend may terminate the Agreement at any time and for any reason by terminating Your Blogsend account or giving notice to the other party. We may suspend the Service to You at any time, with or without cause. If we terminate Your account without cause, and Your account is a paid account, we'll refund a prorated portion of Your monthly prepayment. We won't refund or reimburse You in any other situation, including if Your account is suspended or terminated for cause, like a breach or any violation of the Agreement. If Your account is inactive for 12 or more months, we may terminate the account. Once Your account is terminated, You acknowledge and agree that We may permanently delete Your account and all the data associated with it.

    In particular Blogsend doesn't allow accounts and/or blogs with the primary purpose of promoting or inciting harm toward others or the promotion of discriminatory, hateful, or harassing content. To this end, We may suspend or terminate Your account if Your blog contains or otherwise distributes any content that We determine, in our sole discretion, contains either of the following:

    • A Threat of Physical Harm. This means any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
    • Hateful Content. This means any statement, image, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.

    We also may suspend or terminate Your account if we determine, in our sole discretion, that You are either:

    • an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm;
    • a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or
    • a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.

    If You violate any of these rules, then We may suspend or terminate Your account.

  6. Account and Password

    You're responsible for keeping Your account name and password confidential. You're also responsible for any account that You have access to and any activity occurring in such account (other than activity that Blogsend is directly responsible for that isn't performed in accordance with Your instructions), whether or not You authorized that activity. You'll immediately notify us of any unauthorized access or use of Your accounts. We're not responsible for any losses due to stolen or hacked passwords that are caused by or result from Your negligence. We don't have access to your current password, and for security reasons, we may only provide You with instructions on how to reset your password. We have the right to update any of Your contact information in Your account for billing purposes. In addition, You represent and warrant that all information You provide to Us when You establish an account, and when You access and use the Service, is and will remain complete and accurate.

  7. Payment

    When You sign up for a paid account, you agree to recurring billing. Billing occurs on the same day each month, based on the date that you started the Monthly Plan.

    Our charges (Subscription Fees) are posted on Our Website and may be changed from time to time. We may change our fees at any time by posting a new pricing structure to Our Website and/or sending You a notification by email. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day You made Your first monthly payment (the "Pay Date").

    As long as You're a Subscriber with a paid account or otherwise have an outstanding balance with us, You'll provide us with valid credit card information and authorize Us to deduct the monthly charges against that credit card. You'll replace the information for any credit card that expires with information for a valid one. If Your credit card is automatically replaced with a new card by a payment processor, You acknowledge and agree that We're authorized to deduct any charges on Your account against the new credit card. Anyone using a credit card represents and warrants that they are 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 We're unable to process Your credit card order, We'll try to contact You by email and suspend Your account until Your payment can be processed.

  8. Accuracy of materials

    The materials appearing on Blogsend's website could include technical, typographical, or photographic errors. Blogsend does not warrant that any of the materials on its website are accurate, complete or current. Blogsend may make changes to the materials contained on its website at any time without notice. However Blogsend does not make any commitment to update the materials.

  9. Links

    Blogsend has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Blogsend of the site. Use of any such linked website is at the user's own risk.

  10. Modifications

    We may change any of the Terms by posting revised Terms on our Website and/or by notifying you of the new Terms by sending an email to the last email address you gave us or displaying prominent notice within the Service. Unless you terminate your account within 10 days, the new Terms will be effective immediately and apply to any continued or new use of the Service. We may change the Website, the Service, Add-ons, or any features of the Service at any time, and we may discontinue the Website, the Service, Add-ons, or any features of the Service at any time.

  11. Privacy Policy

    Your privacy is important to us. Please read our Privacy Policy and Cookie Statement for information regarding how we collect, use, and disclose Your content and personal information and protect Your privacy when You use the Service.

  12. No Warranties

    The materials on Blogsend's Website are provided on an 'as is' basis. Blogsend makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

    Further, Blogsend does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website or otherwise relating to such materials or on any sites linked to this site.

  13. Limitations

    In no event shall Blogsend or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Blogsend's website, even if Blogsend or a Blogsend authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to You.

  14. Compliance

    If you're located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the "EEA") and/or distribute Campaigns or other Content through the Service to anyone located in the EEA (each such Member an "EEA Member") You represent and warrant to Blogsend that:

    1. You will clearly post, maintain, and abide by a publicly accessible privacy notice on the digital properties on which the Widget is placed and the underlying data is collected that satisfies the requirements of applicable data protection laws, describes your use of the Service, and includes a link to Blogsend Privacy Policy.
    2. You will comply with all laws and regulations applicable to the content sent through the Service, including those relating to acquiring consents (where required) to lawfully send the emails / blogs.
    3. You will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enable Blogsend to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end users of the Service in accordance with and as described in the Cookie Statement.
  15. Governing Law

    These terms and conditions are governed by and construed in accordance with the laws of Amsterdam, Netherlands and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.