IMPORTANT: READ THESE TERMS AND CONDITIONS WITH ATTENTION BEFORE USING EMILL OPTIN SERVICE.

BY SUBSCRIBING AND USING EMILL OPTINSERVICE, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY, AND TO COMPLY WITH, THESE TERMS AND CONDITIONS.

1. eMill OptIn Service Use Limitations

The eMill OptIn Service tools may not be used on websites containing any of the following content: pornographic, casino or gambling, terrorism or hate focused content or sites that substantially violate french or international laws. Active+ Software reserves the right to terminate your access to eMill Optin Service if it appraises that the website content is not compatible with the use of eMill OptIn Service.

2. Use of HTML subscription form

Users must display on their website the entire HTML code rendered by eMill OptIn Service. If the HTML code is altered to remove the notice 'Powered by eMill', eMill OptIn Service will not process subscription or unsubscription requests from this particular form. However, users have the right to alter the appearance of the subscription form (color, font, size...) as long as the notice 'Powered by eMill' remains readable.

3. Ownership of subscribers lists

Subscribers lists hosted by eMill OptIn Service belong solely to the user of the service. Active+ Software protects the privacy of the collected personal data, will never use it to send emails and will never sell, rent or make it available to any third parties under any circumstances. The only email sent to a subscriber by eMill OptIn Service is the subscription confirmation email.

4. Exploitating of subscribers' email addresses

User agrees to protect the privacy of all email addresses collected through the eMill OptIn Service. He agrees not to: 1) Spam those email addresses with information or offers they did not request or do not expect to receive. 2) Sell, rent or share those email addresses to third parties. If User violates any of these conditions or if eMill OptIn Service receives complaints from subscribers, Active+ Software reserves the right to terminate user's access to eMill OptIn Service and to communicate your contact details at its sole decision and witout warning or explanation.

5. Disclaimer of warranties

Active+ Software makes no representations about the suitability of this service or about any content or information included with eMill OptIn Service, or any purpose. eMill OptIn Service is provided 'as is' without express or implied warranties, including warranties of merchantability and fitness for a particular purpose or noninfringement. Active+ Software shall not be liable under any theory or any damages suffered by you or any user of the service.

6. Limitation of liability

Active+ Software or its suppliers shall not be liable for (a) incidental, consequential, special or indirect damages of any sort, whether arising in tort, contract or otherwise, even if Active+ Software has been informed of the possibility of such damages, or (b) for any claim by any other party. This limitation of liability shall not apply to liability for death or personal injury to the extent that applicable law prohibits such limitation.

7. Intellectual property

All content included with the service is the property of the applicable content owner and is protected by applicable copyright law. This agreement gives you no rights to such content. Title, ownership rights, and intellectual property rights in and to the service shall remain in Active+ Software and/or its suppliers. You agree to abide by the copyright law and all other applicable laws of France. You acknowledge that the service in source code form remains a confidential trade secret of Active+ Software and/or its suppliers and therefore you agree not to modify the service except to the extent applicable laws specifically prohibit such restriction.

8. Violation of terms and conditions

Active+ Software may terminate your access to eMill optIn Service if you fail to comply with the terms and conditions of this agreement or at any time by delivering notice to you. Upon termination of this agreement you agree to destroy or erase all elements provided by eMill OptIn Service. This agreement is personal to you, and you agree not to assign your rights herein.

This agreement shall be governed by and construed in accordance with the laws of France. These terms and conditions set forth the entire agreement between you and Active+ Software.