The Maverick Mailer Terms of Use
Through Maverick Mailer, Maverick Mav provides web site operators and other individuals a variety of tools and resources to collect visitor e-mail addresses and to create, launch, and manage online e-mail campaigns. This service may not be used for the sending of unsolicited e-mail (sometimes called “spam”). See our Anti-Spam Policy. The following are the terms and conditions for use of the Services.

1. Services and Support

    1. The Services enable corporate web sites, small business web sites, and community sites to sign up web site visitors, collect and retrieve visitor sign-up data, and develop and execute e-mail communications with visitors and other targeted prospects.
    2. Both the number of e-mail messages sent and the number of KiloBytes of data transferred are metered by Maverick Mav. Normal Maverick Mailer accounts allow you to send an unlimited number of e-mail messages. The total KiloByte data transfer of each message can be no more than 100kb.
    3. All email delivery prices are subject to change at any time. All fees paid to Maverick Mav for Maverick Mailer are non-refundable, unless an account is terminated by Maverick Mav for a reason other than violation of the Anti-Spam Policy. Payment for Services will be made by a valid credit card accepted by Maverick Mav. You hereby authorize Maverick Mav to charge your credit card for such amounts whenever you send a campaign to more than 5 recipients. Fees are payable in Australian dollars or US dollars. If Maverick Mav is for any reason unable to effect automatic payment via your credit card, you will be notified via e-mail. All prices are subject to change and you are responsible for reviewing the website for prices from time to time and remaining aware of the Fees charged by Maverick Mav
    4. For all accounts, Maverick Mav may charge an account re-activation fee should an account need to be re-activated by customer after an account has become de-activated due to non-payment or an untimely authorisation for payment.
    5. You must complete the registration form on the 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 e-mail address and password for your Maverick Mailer account. Maverick Mav reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
    6. It is understood that Maverick Mav makes no guarantee that HTML messages will be rendered properly on all recipients’ e-mail programs, due to the wide variety of HTML generation tools available. Maverick Mailer makes every attempt to make sure that all e-mail messages sent through our servers follow e-mail standards, but we cannot guarantee that messages will look consistent across all e-mail platforms due to the number of different HTML composition tools available. For example, if you use Microsoft Word to generate HTML e-mail messages, it is expected that recipients of your message using a non-Microsoft e-mail application may have difficulty reading your message. For best results Maverick Mav recommends, but does not guarantee, the use of HTML editors that generate HTML that adheres to W3C standards.

2. Restrictions and Responsibilities

    1. The Services enable corporate web sites, small business web sites, and community sites to sign up web site visitors, collect and retrieve visitor sign-up data, and develop and execute e-mail communications with visitors and other targeted prospects.
    2. This is an Agreement for Services, 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 Services or any software, documentation, or data related to the Services (“Software”); remove any proprietary notices or labels from the Services or any Software, 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, 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.
    3. You acknowledge and agree that the Services and the Maverick Mav company names and logos and all related product and service names, design marks and slogans, are the property of Maverick Mav or its affiliates or suppliers (collectively, the “Marks”). 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 Maverick Mav. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in Maverick Mav or its third party suppliers, as the case may be.
    4. You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. You hereby agree to indemnify and hold harmless Maverick Mav 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. Although Maverick Mav has no obligation to monitor the content provided by you or your use of the Services, Maverick Mav 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.
    5. The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates Australian federal, state or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party’s intellectual property rights.
    6. In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Maverick Mav. Maverick Mav 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 Service, or communicate separately with you
    7. Maverick Mav will not use any of your subscriber lists or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties. In addition, Maverick Mav will not use your customer information for the purpose of sending unsolicited commercial e-mail.
    8. You will adopt and maintain the Privacy Policy, which may be modified by Maverick Mav from time to time.
    9. You may not use Maverick Mailer to distribute illegal contests, pyramid schemes, chain letters, or multi-level marketing campaigns
    10. You may not use Maverick Mailer 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.

3. Termination

    1. You may terminate this Agreement at any time by sending an e-mail message to Correspondence must include your first name, last name, and Maverick Mailer user name. No refunds will be issued if you terminate this agreement.
    2. Maverick Mav may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Maverick Mav shall have no liability to you or any third party because of such termination. If Maverick Mav terminates this agreement because you violated the Anti-Spam policy, no refund will be issued.
    3. Maverick Mav 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.
    4. If you do not log into your account for more than 120 days, the account will become inactive. When an account is classified (at Maverick Mav’s sole discretion) as inactive, Maverick Mav 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 MAVERICK MAILER DATABASE.

4 . System Requirements

    It is understood that in order to use Maverick Mav, a Windows PC with Internet Explorer 4.0 or higher must be used. Additionally, a stable connection to the Internet is required. Maverick Mailer may work in a limited manner on Macintosh, Unix, and other platforms, but there is no guarantee of functionality on non-Windows platforms. Additionally, Maverick Mailer may work in a limited manner on a non-Internet Explorer web browser (such as Netscape Navigator), but there is no guarantee of full functionality on web browsers other than Microsoft’s Internet Explorer.

5. Compliance rules for sending e-mail

    All Maverick Mailer customers must follow the rules of the federal CAN-SPAM act and Maverick Mav Anti-Spam policy when sending e-mail through the service. Accordingly, we require the following of e-mail messages sent through the Maverick Mailer system:

    1. All e-mails must contain a one-click unsubscribe link as provided by the Maverick Mailer service. Maverick Mailer scans every campaign for the existence of an unsubscribe link. If an unsubscribe link is not detected, the user is informed and is required to include an unsubscribe link before continuing.
    2. All e-mails must contain non-Internet contact information of the sender, such as your company’s address, or your company’s phone number.
    3. All e-mails 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 e-mail list at”

    These 3 guidelines will help ensure that Maverick Mav maintains its reputation and white-listing status with a number of major ISPs and whitelisting programs. If at any time your campaign is flagged as SPAM by an AOL recipient, Maverick Mailer reserves the right to cancel your account without notice.

6. Email and Permission Practices

    1. Every email message sent in connection with the Services 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 Maverick Mav. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link.
    2. You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used; please contact Maverick Mav if you have questions).
    3. You cannot mail to distribution lists, newsgroups, or spam email addresses.
    4. You are responsible for monitoring, correcting, processing unsubscribe requests within 10 days, and updating the email addresses to which messages are sent through your Maverick Mailer account.
    5. Emails that you send through the Service 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. Maverick Mav, 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.
    6. Maverick Mav, at its own discretion, may immediately disable your access without refund to the Services if Maverick Mav believes in its sole discretion that you have violated any of the email and permission practices listed above, or the Maverick Mailer Anti-Spam Policy.