We (the people at sitepoint.com) run an email content management system for web apps called Apostle.io and would love for you to use it.
It's a service that involves entering your templates into our website, then sending email via our serivce, and we charge you to do so.
Use the service responsibly. Simple as that!
Note: Inspired by the WordPress tos, these Terms of Service are made available under a Creative Commons Sharealike license which means you’re more than welcome to take it and repurpose it for your own use. Just make sure to replace references to us with ones to you.
Terms of Service
The following terms and conditions govern all use of the apostle.io website and all content, products and services products available at or through the website (taken together, the "Website").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by SitePoint, acceptance is expressly limited to these terms.
This agreement also covers use of your Account, created when you sign up to the service.
The Website is available only to individuals who are at least 13 years old.
We may make one or more features of the Website available to you free of charge (a "Free Service"). Free Services are provided “as-is” without any warranty.
Payment and Renewal
Payment of Fees
By signing up for the apostle.io service you agree to pay SitePoint the specified monthly or annual fees in exchange for use of the service (the "Purchased Service") for the period indicated.
Applicable fees will be invoiced starting from the day your access is established and in advance of using such services. SitePoint reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Access can be canceled by you at anytime on 30 days written notice to SitePoint.
Applicable fees will be clearly displayed to you on the payment page.
Unless you notify SitePoint before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for the Service (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
The Service can be canceled at any time in the Account section of the dashboard.
If you sign up on our Website for a Free Trial, we may make a Service available to You on a trial basis free of charge until the earlier of:
- the end of the free trial period for which you registered or are registering to use the applicable Service or
- the start date of a Purchased Service ordered by you.
Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
Use of your Account and the Service
- provide basic support for the Purchased Service to You, and
- use commercially reasonable efforts to make the Purchased Service available, except for:
- planned downtime, or
- any unavailability caused by circumstances beyond SitePoint's reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, labour strikes, Internet service provider failures or delays, or denial of service attacks
- provide the Purchased Service only in accordance with applicable laws and government regulations.
Our Protection of Your Data
We shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data.
We shall not disclose Your Data except as compelled by law in accordance or as expressly permitted in writing by You.
Your Responsibilities (things you must do)
- be responsible for compliance with this Agreement,
- use commercially reasonable efforts to prevent unauthorized access to or use of your Account, and notify us promptly of any such unauthorized access or use,
- be fully responsible for all activities that occur under the account,
- use the Services only in accordance with applicable laws and government regulations.
Your Responsibilities (things you must not do)
You shall not:
- make the Services available to anyone other than yourself,
- sell, resell, rent or lease the Services,
- use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party copyright, trademark, privacy or other proprietary rights,
- use the Services to store or transmit viruses, worms, trojan horses, and other harmful or destructive content ("Malicious Code"),
- interfere with or disrupt the integrity or performance of the Services or third-party data contained therein, or
- attempt to gain unauthorized access to the Services or related systems or networks.
Services may be subject to other limitations, such as, for example, limits on the number of URLs reviewed or the frequency of reviews. Any such limitations are specified in your Account. The Services provide real-time information to enable You to monitor your use.
Communications from us
The Service may include certain communications from SitePoint, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. You have the option of opting out from receiving optional communications such as newsletters. However, you will not be able to opt-out from receiving service announcements and administrative messages.
Responsibility of Website Visitors
SitePoint has not reviewed, and cannot review, all of the material, including computer software, that is the subject of our service. This also applies to websites and webpages to which apostle.io links, and that link to apostle.io. SitePoint cannot therefore be responsible for that materials’ content, use or effects.
By operating the Website, SitePoint does not represent or imply that it endorses the material on sites that have been reviewed, or which are link from or to apostle.io, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content, The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the copyright, trademark and other proprietary rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. SitePoint disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 180 days. In the event of such termination, all data associated with such user account may be deleted. We will provide you prior notice of such termination in advance by email.
Copyright, Trademark and other Proprietary rights
This Agreement does not transfer from SitePoint to you any SitePoint or third party copyright or trademark rights, and all rights, title and interest in and to such property will remain (as between the parties) solely with SitePoint. SitePoint, apostle.io, the apostle.io logo, and all other trademarks, service marks, graphics and logos used in connection with apostle.io or the Website are trademarks or registered trademarks of SitePoint or SitePoint’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any SitePoint or third-party trademarks.
SitePoint reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
SitePoint may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
SitePoint may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.
If you wish to terminate this Agreement or your apostle.io account, you must cancel the service found in the Account section of the dashboard.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is”. SitePoint and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
Neither SitePoint nor its suppliers and licensors makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.
You understand that you obtain services through the Website at your own discretion and risk.
Limitation of Liability
In no event will SitePoint, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
- any special, incidental or consequential damages;
- the cost of procurement for substitute products or services;
- for interruption of use or loss or corruption of data; or
- for any amounts that exceed the fees paid by you to SitePoint under this agreement during the twelve (12) month period prior to the cause of action.
You agree to indemnify and hold harmless SitePoint, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including lawyers' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between SitePoint and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of SitePoint, or by the posting by SitePoint of a revised version.
Except to the extent applicable by law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Victoria, Australia, and the parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia and their Courts of Appeal.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; SitePoint may assign its rights under this Agreement without condition.
This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.