Terms of Service

Terms of Use

Thank you for using Cloudy.

Please read these Terms carefully. By using Cloudy or signing up for an account, you’re agreeing to these Terms.


Acceptance of Terms

Cloudy (“Cloudy.Email” or the “Service”) is an email service offered through the URL https://www.cloudy.email that allows you to create, send, and manage email newsletters to individual recipients.

As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”).

Cloudy may not be used to send unsolicited emails ("spam").


Privacy and Communications

You acknowledge and agree that Cloudy may occasionally send you communications regarding your account or the Service via email.


Accounts, Passwords & Security

You must be a registered user to access the Service. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name.


Appropriate Email Practices

All email lists contained and sent to using Service must be permission-based subscriptions. It is absolutely never acceptable or allowable to use a list that has been purchased, rented or from a third-party.

Cloudy reserves the right to terminate any account that it finds in violation of its Terms of Use by receiving abuse complaints higher than allowed, without refund.


Appropriate Content

We allow sending only relevant content, which is requested by subscribers and corresponds to CAN-SPAM Act. You can’t send pornography, affiliate marketing, pyramid schemes, MLM, "Get Rich Quick", Forex, gambling, weight loss material, mobile unlocking services or offer illegal goods and services. You can send newsletters using Cloudy only if content is created by you (or you have the right to use it).


Affiliate Marketing

Affiliate Marketing is prohibited in Cloudy.

Affiliate Marketing is a type of business where you earn commission by promoting other company’s products. We don’t allow this activity, because there’s no direct relationship between you and your subscribers. You are not allowed to send unrelated offers to your subscribers or pretend to be another brand.


Limitation of Liability

In no event shall Cloudy be liable for any indirect, special, incidental or consequential damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or the materials therein or resulting from unauthorized access to or alteration of data.

You are not allowed to use our tracking/campaign preview links when sending mails with other services than ours. Repetitive reports about this may lead to account suspension.


Termination of Service

We reserve the right to terminate your account at any time. You also have the option of canceling your account at any time without penalty. In the event of account cancellation you will lose all data related to Your account.


Refunds

We are required to provide a refund only if we terminate our Services to you without cause before the end of a year for which you have paid. There is no other circumstance in which you will be entitled to a refund from us. We do not provide refunds if your account is suspended because of violation of our Anti – Spam Policy or Terms of Service. We do not refund if it turns out that you’re sending (or going to send) newsletters without having permission from your subscribers.

We may, at our sole discretion, offer refunds in other situations subject to any member seeking such refund applying for the refund in accordance with the requirements we post on the website, which may be changed from time to time.


Subscribers

You may upload unlimited number of emails. There is no fee on your email list or subscribers size. You pay only for what you send.


Conditions

We may modify or terminate our services at anytime, for any reason, and without notice. We reserve the right to modify these Terms of Service at any time without notice. Please review these Terms of Service on occasion as they may change in the future. We may, but have no obligation to, remove accounts and content containing what we determine as unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. We will remove content that violates any party’s intellectual property or these Terms of Service.


Intellectual Property

Cloudy claims no intellectual property rights over the material you provide to the Service. You acknowledge that Cloudy owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.

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