Last Updated May 24th, 2018
This Postalytics – Usage Terms & Conditions (“PUT&C”) applies to the use of any product, service or website provided by us (Postalytics), whether we provide it directly or use another party to provide it to you (each, a “Postalytics Service”). This PUT&C is designed to ensure compliance with the laws and regulations that apply to the Postalytics Service. This PUT&C also protects the interests of all of our clients and their customers, as well as our goodwill and reputation. These terms are so important that we cannot provide the Postalytics Service unless you agree to them. By using the Postalytics Service, you are agreeing to these terms.
If you are using any Postalytics Service, this PUT&C applies to you. Every client of ours agrees to abide by this PUT&C and is responsible for any violations. You are not allowed to assist or engage others in a way that would violate this PUT&C. We will enforce and ensure compliance with this PUT&C by using methods we consider to be appropriate, such as complaint and email or other message failure monitoring.
We periodically update these terms and we will let you know when we do through the Notification app in the Postalytics portal used to access your Postalytics subscription (if you have one), or by posting a revised copy on our website. You agree to review the PUT&C on a regular basis and always remain in compliance.
Reporting Suspected Violations
We encourage recipients of messages sent using the Postalytics Service to report suspected violations of this PUT&C to us by forwarding a copy of the received message to abuse@Postalytics.com. We have a policy to investigate all of these reports and to respond in the way we consider appropriate.
If you know of or suspect a violation of this PUT&C, you will promptly notify us in writing of the known or suspected violation of this PUT&C.
You agree not to use the Postalytics Service in a way that impacts the normal operation, privacy, integrity or security of another’s property. Another’s property includes another’s account(s), domain name(s), URL(s), website(s), network(s), system(s), facilities, equipment, data, other information, or business operations. You also agree not to use the Postalytics Service to gain unauthorized access to, use, monitor, make an unauthorized reference to, another’s property, unless you have the appropriate express prior consent to do so. Examples of prohibited actions include (without limitation): hacking, spoofing, denial of service, mailbombing and/or sending any email or other message that contains or transmits any virus or propagating worm(s), or any malware, whether spyware, adware or other such file or program. These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.
Proper Usage of the Postalytics Service
In addition, and without limiting the other requirements in this PUT&C, you may not (directly or indirectly) use the Postalytics Service with content, or in a manner that:
- is threatening, abusive, harassing, stalking, or defamatory;
- is deceptive, false, misleading or fraudulent;
- is invasive of another’s privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
- contains vulgar, obscene, indecent or unlawful material;
- infringes a third party’s intellectual property right(s);
- publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;
- uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer;
- downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
- falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;
- restricts or inhibits any other user of the Postalytics Service from using and enjoying our website and/or the Postalytics Service;
- harvests or otherwise collects information about others, including e-mail addresses, without their consent;
- violates the usage standards or rules of an entity affected by your use, including without limitation any ISP, ESP, or news or user group (and including by way of example and not limitation circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail);
- is legally actionable between private parties; and/or
- is in violation of any applicable local, state, national or international law or regulation, including all export laws and regulations and without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) (15 U.S.C. § 7701 et seq.), the U.S Telephone Consumer Protection Act of 1991 (47 U.S.C. § 227), the Do-Not-Call Implementation Act of 2003 (15 U.S.C. § 6152 et seq.; originally codified at § 6101 note), the Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on certain legal aspects of information society services, in particular, electronic commerce in the Internal Market (‘Directive on Electronic Commerce’), along with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘Directive on Privacy and Electronic Communications’), regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, the Personal Information Protection and Electronic Documents Act (PIPEDA) (S.C. 2000, c. 5), Canada’s Anti-Spam Legislation (CASL) (S.C. 2010, c. 23), the EEA’s GDPR regulations, and any regulations having the force of law or laws in force in your or your email recipient’s country of residence.
You will use the Postalytics Service for your internal business purposes and will not: (i) willfully tamper with the security of the Postalytics Service or tamper with our customer accounts; (ii) access data on the Postalytics Service not intended for you; (iii) log into a server or account on the Postalytics Service that you are not authorized to access; (iv) attempt to probe, scan or test the vulnerability of any Postalytics Service or to breach the security or authentication measures without proper authorization; (v) willfully render any part of the Postalytics Service unusable; (vi) lease, distribute, license, sell or otherwise commercially exploit the Postalytics Service or make the Postalytics Service available to a third party other than as contemplated in your subscription to the Postalytics Service; (vii) use the Postalytics Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; or (viii) provide to third parties any evaluation version of the Postalytics Service without our prior written consent.
Postalytics Trademark Use
Unless you have our express prior written permission, you may not use any name, logo, tagline or other mark of ours or the Postalytics Service, or any identifier or tag generated by the Postalytics Service, including without limitation: (a) as a hypertext link to any website or other location (except as provided for or enabled expressly by us); (b) to imply identification with us as an employee, contractor, agent or other similar representative capacity. You also agree not to remove or alter any of these items as we may have provided or enabled.
If you breach of this PUT&C we may immediately suspend your access to the Postalytics Service. We may also terminate your and our subscription agreement for cause if you breach this PUT&C. You acknowledge we may disclose information regarding your use of any Postalytics Service to satisfy any law, regulation, government request, court order, subpoena or other legal process. If we make this type of required disclosure we will notify you, unless we are required to keep the disclosure confidential.
We are not obligated to, but may choose to, remove any prohibited materials and deny access to any person who violates this PUT&C. We further reserve all other rights.
We may update and change any part or all of this PUT&C. The updated PUT&C will become effective and binding on the next business day after it is posted. When we change this PUT&C, the “Last Modified” date above will be updated to reflect the date of the most recent version. We encourage you to review this PUT&C periodically.