Velocity121 provides a service to generate HTML emails which may be used for individual direct marketing or online email campaigns. This service MUST not under any circumstances be used for the sending of unsolicited commercial email (SPAM).

The following are the Terms and Conditions for use of the service. By clicking the 'I accept' button on the sign up page or by logging in to a full or demonstration account on Velocity121, you agree to abide by these terms and conditions.

1. Acknowledgements.
   • Subject in each case to the terms listed, you hereby acknowledge and agree that:
     • Velocity121 MUST not be used for the sending of unsolicited commercial email (SPAM).
       Velocity121 MUST only be used for lawful purposes.
     • Your use of the system is subject to the rules governing content as indicated by Velocity121's Suitable Content Statement.
     • Use of Velocity121 will be subject to a monthly subscription fee.
     • Velocity121 will not use your information for any other purposes than those intended with the service.
     • Every email message sent using Velocity121 must contain the "Built using Velocity121" link.
2. Services and Support
   1. The service is provided subject to this Agreement, as it may be amended by Velocity121, and any guidelines, rules or operating policies that Velocity121 may establish and post from time to time (the "Agreement").
   2. The service is available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the services.
   3. Excluding use of the demonstration account as supplied you must complete the registration form on the Velocity121 "Sign Up" page in order to use the service. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. You are responsible for maintaining the security of your account, passwords, and files.
3. Payment
   1. 1 You will be required to agree to regular monthly payments for use of the service. Access to the service may be disabled until payment is received.
   2. Fees will be debited monthly in advance for services. The Fees are based on the level of account you have signed up for. You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by Velocity121. The Fee Schedule, including account levels and prices, is subject to change at any time in Velocity121's discretion. Velocity121 will attempt to notify you via email prior to the effectiveness of any change to the Fee Schedule.
   3. Payment for services will be made by a valid credit card accepted by Velocity121. Fees are payable in UK Sterling. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize Velocity121 to charge your credit card for such amounts on a regular monthly basis. If Velocity121 is for any reason unable to effect automatic payment via your credit card, Velocity121 will attempt to notify you via email and your account may be disabled until payment is received. Amounts paid for the services are not refundable.
   4. 3.4 You acknowledge and agree that you are responsible for paying Fees for Velocity121, regardless of whether delivery of such messages to their intended recipients is prevented or blocked by any third party, or whether or not the recipient can view HTML email content.
4. Email, Image Hosting & Bulk Email
   1. If you use the generated HTML code as the source for a bulk email campaign then every email message sent in connection with the services 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.
   2. You cannot mail to distribution lists, newsgroups, or spam email addresses. You cannot copy a Velocity121 template or any other features or functionality from the services and use them for any purpose other than sending emails from the service.
   3. You are responsible for monitoring, correcting, processing unsubscribe requests within 10 days, and updating email addresses to which messages are sent.
   4. Emails that you send through the service may generate abuse complaints from recipients. As a matter of privacy, Velocity121 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 abuse complaints in excess of industry norms. Velocity121, 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.
   5. Images hosted by Velocity121 may only be used in connection with the service and for no other purpose whatsoever.
   6. You are responsible for complying at all times with the rules governing content as indicated by the Velocity121 Suitable Content Statement.
   7. Velocity121, at its own discretion, may immediately disable your access without refund to the services if Velocity121 believes in its sole discretion that you have violated any of the email and permission practices listed above, or the rules governing content as indicated by the Velocity121 Suitable Content Statement.
   8. You acknowledge that the HTML email as created and previewed may, due to differing current and future standards by the vast range of email reading applications and appliances, not appear exactly as previewed within the system.
5. Restrictions and Responsibilities
   1. Velocity121 will not use your information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties unless required by law.
   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.
   3. 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.
   4. You acknowledge and agree that the services and the Velocity121 company names and logos and all related product and service names, design marks and slogans, are the property of Velocity121 or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Velocity121. Your use of the services confers no title or ownership in the services, the Software or the Marks and is not a sale of any rights in the services, the Software or the Marks.
   5. You represent, covenant, and warrant that you will use the services only in compliance with the Agreement, applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws). You agree you will not access or otherwise use third-party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless Velocity121 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 arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the services. In addition, you acknowledge and agree that Velocity121 has the right to seek damages when you use the services 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. Although Velocity121 has no obligation to monitor the content provided by you or your use of the services, Velocity121 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.
   6. The services may only be used for lawful purposes. Transmission or solicitation of any material that violates laws that may apply in this jurisdiction or your local area is prohibited. Furthermore, the services must not be used for purposes outlined in Velocity121's Suitable Content Statement.
   7. For every email message sent in connection with the services, you acknowledge and agree that the services may automatically add an identifying footer stating "Built using Velocity121" or a similar message. You agree to cooperate with and provide reasonable assistance to Velocity121 in promoting and advertising the services.
   8. In using the varied features of the services, you may provide information (such as name, contact information, or other registration information) to Velocity121. Velocity121 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.
6. Termination
   1. You may terminate this Agreement at any time by emailing Velocity121. There are no refunds for any fees paid.
   2. Velocity121 may terminate this Agreement or the services, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. Velocity121 shall have no liability to you or any third party because of such termination or action.
   3. Velocity121 will delete any of your archived data within 30 days after the date of termination. 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.
   4. If your account is classified (at Velocity121's sole discretion) as inactive for over 120 days, Velocity121 has the right to permanently remove your subscriber data. Velocity121 will attempt to contact you via email prior to taking any permanent removal actions.
7. Warranty Disclaimer

USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. VELOCITY121 DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND VELOCITY121 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or nonperformance of the services shall be for Velocity121 to use commercially reasonable efforts to adjust or repair the services.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL VELOCITY121 OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "VELOCITY121") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF VELOCITY121 SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, VELOCITY121 IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF VELOCITY121 TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

9. Miscellaneous
   1. If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
   2. Velocity121 and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
   3. No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Velocity121 in any respect whatsoever.
   4. In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
   5. The Agreement shall be governed by the laws of Scotland without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the courts located in Edinburgh, Scotland.
   6. Velocity121 is a product name owned by iProduct Ltd.
      

SUITABLE CONTENT STATEMENT

Velocity121 prohibits the use of the Velocity121 service by any company or site that engages in any of the following:

• Provides, sells or offers to sell 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 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.
• 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 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

In addition, Velocity121 reserves the right to prohibit the use of Velocity121 by any company or site in its sole discretion.

Sending unsolicited commercial email is FORBIDDEN.

This statement may change from time to time. Any questions regarding your sites suitability for using Velocity121 can be emailed to support@velocity121.com.