MailSpeek® Website
and Products Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE
CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED
SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS
WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS
AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND
CONDITIONS, THEN DO NOT USE THIS WEB SITE.
MailSpeek, Inc. ("MailSpeek") provides small
and medium sized businesses and organizations with (i)
a variety of tools and resources to collect visitor email
addresses and to create, launch, and manage online email
campaigns (the "Email Marketing Product"), (ii)
a variety of tools and resources to create, launch, and
manage online surveys (the "Survey Product"), and (iii)
a variety of related offerings, including email archiving
and premium image hosting services. The Email Marketing
Product, the Survey Product and any related offerings are
referred to in these Terms and Conditions of Use as the "Products).
MailSpeek's Products may not be used for the sending of
unsolicited email, ( sometimes called "spam").
See our Anti-Spam
Policy .
The following are the terms and conditions for access
to this web site and use of the Products. By clicking the 'I
accept' button on the sign-up page or by logging into your
MailSpeek account, you accept these terms and conditions.
1. Copyright and Trademark Information
Copyright © 2007-2008 MailSpeek, Inc. All rights
reserved.
This web site, and the information which it contains,
is the property of MailSpeek and its affiliates and licensors,
and is protected from unauthorized copying and dissemination
by United States copyright law, trademark law, international
conventions and other intellectual property laws. By way
of example only, and not as a limitation, "MailSpeek" and
the MailSpeek logo are registered trademarks of MailSpeek,
Inc., under the applicable laws of the United States and/or
other countries. Other MailSpeek product or service names
or logos appearing in this Site are either trademarks or
registered trademarks of MailSpeek, Inc. and/or its affiliates.
The absence of a product or service name or logo from this
list does not constitute a waiver of MailSpeek's trademark
or other intellectual property rights concerning that name
or logo.
2. Acknowledgements
Subject in each case to the terms listed in the remainder
of this Agreement, you hereby acknowledge and agree that:
- The Products may not be used for the sending
of unsolicited email (sometimes called "spam").
- The Products may only be used for lawful
purposes.
- The Email Marketing Product will be
subject to monthly subscription fees. The Email Marketing
Product may also be subject to per message and overage
charges.
- The Survey Product will be subject
to monthly subscription fees. The Survey
Product may also be subject to per response charges.
- You agree you will not access or otherwise
use third party mailing lists or otherwise prepare
or distribute unsolicited email, in connection with the
Products.
- You agree to import, access or otherwise
use only lists for which all listed parties have consented
to receive correspondence from you ("Permission Based
Lists") in connection with your use of the Products.
Mere agreement of a person or entity to participate in
a survey is not consent to receive correspondence from
you. For respondents to your surveys, consent to receive
other correspondence is evidenced by the respondent opting
into the "Join My Mailing List" link in the
course of responding to your survey. You hereby covenant
that you shall not use any other lists in connection
with your use of the Products. You acknowledge and
agree that not all messages sent through use of the
Products will be received by their intended recipients.
- Every email message sent by you in connection
with the Products must contain the MailSpeek "unsubscribe" link
that allows the recipient to remove themselves from
your mailing list.
- You will comply with the restrictions
on content of e-mail messages and activities using
the Products as set forth in this Agreement.
- You will adopt and maintain the Privacy
Policy, which may be modified by MailSpeek from
time to time.
3. Products and Support
The
Products are provided subject to these Terms and Conditions
of Use, as they may be amended by MailSpeek, and any guidelines,
rules or operating policies that MailSpeek may establish
and post from time to time (collective, the "Agreement"),
including without limitation MailSpeek's customer Privacy
Policy, as linked from all email generated from MailSpeek
or otherwise furnished to you (the "Policy")
(unless otherwise stated, all references to the Agreement
shall include the Policy). By posting updated versions
of the Agreement on the MailSpeek.com website, or otherwise
providing notice to you, MailSpeek may modify the terms
of the Agreement and may discontinue or revise any or all
other aspects of the Products in its sole discretion. Except
as otherwise provided in the Agreement, all such changes
shall become effective upon the posting of the revised
Agreement on the Product or at MailSpeek's website. The
Products are available only to persons who can form legally
binding contracts under applicable law. Without limiting
the foregoing, the Products are not available to individuals
under the age of 18. If you do not qualify, you are not
permitted to use the Products. If you are using the Products
in your capacity as an employee, you must have the ability
to bind your employer by your use of the Product. You must
complete the registration form on the MailSpeek sign up
web page in order to use the Products. You will need to
register separately for the Email Marketing Product and
the Survey Product. You shall provide true, accurate, current,
and complete information about yourself as requested in
the registration form. You may from time to time provide
MailSpeek's service personnel with remote access to your
computers and other systems for the purpose of troubleshooting
issues that arise in your use of the Products. You hereby
waive any claim for damages from any problems that may
arise from such access, including without limitation any
disruption or damage caused by MailSpeek or its personnel.
4.Fees and Payment
4.1 Fees for Email Marketing Product. For
the Email Marketing Product, you will be subject to monthly
subscription fees in accordance with the MailSpeek pricing
schedule. The Fees
are based on the highest number of subscribers in your
account at any time during the previous month. For purposes
of this Agreement, each unique e-mail address will count
as one subscriber. In addition, if you have more than 5,000
subscribers in your account, per message Fees will be incurred
when the number of messages you send in a month exceeds
four times the maximum number of subscribers allowed in
your current pricing tier. You will be required to submit
payment monthly in advance for the Email Marketing Product
(unless you have already provided payment or means of payment,
such as credit card information) and may purchase, in advance,
a monthly subscription for the Email Marketing Product.
Access to the Email Marketing Product will be disabled
until payment is received. Fees will be billed monthly
or your pre-paid account will be debited monthly for the
Email Marketing Product. If selected by you, you will also
be billed for premium image hosting and email archiving
services.
4.2 Fee Schedule; Discounts. You are
responsible for reviewing the Fee Schedule from time to
time and remaining aware of the fees charged by MailSpeek.
The Fee Schedule, including subscriber levels and prices,
is subject to change at any time in MailSpeek's sole discretion.
MailSpeek will use good faith efforts to notify you via
email prior to the effectiveness of any change to the Fee
Schedule. If you receive special discounts through a marketing
partner, those discounts may not be available if you cease
to continue to be a customer of the marketing partner,
in which case MailSpeek's standard rates will apply. MailSpeek
may rely on information provided by the applicable marketing
partner, if any, with respect to the status of your account.
4.2 Payment. Payment for Products will
be made by a valid credit card accepted by MailSpeek. Checks
will be accepted for prepayments of at least six (6) months.
Fees are payable in U.S. dollars. If the monthly payment
option is selected or if you have previously provided your
credit card for payment, you hereby authorize MailSpeek
to charge your credit card for such amounts on a regular
monthly basis beginning at the end of your free trial period.
If MailSpeek is for any reason unable to effect automatic
payment via your credit card, MailSpeek will attempt to
notify you via email and your MailSpeek account will be
disabled until payment is received. Amounts paid for the
Products are not refundable.
5. Email, Permission Practices, Image Hosting & Prohibited
Content
5.1 Subscriber Opt Out. Every
email message sent in connection with the Products must
contain an "unsubscribe" link that allows subscribers
to remove themselves from your mailing list and a link
to the then current Privacy
Policy . Each such link must remain operational for
a period of thirty (30) days after the date on which you
send the message, and must be in form and substance satisfactory
to MailSpeek. You acknowledge and agree that you will not
remove, disable or attempt to remove or disable either
link. You shall monitor and process unsubscribe requests
received by you directly within 10 days of submission,
and update the email addresses to which messages are sent
through your MailSpeek account.
5.2 Permission Practices. You agree
to import, access or otherwise use only Permission Based
Lists in connection with your use of the Products. You
hereby covenant that you shall not use any other lists
in connection with your use of the Products. If you have
used the MailSpeek feature that allows you to request a
recipient to confirm that you have his or her permission
to send emails to him or her, and such recipient has not
responded or does not respond affirmatively to such request
for confirmation, you agree that you shall not send emails
to that recipient. Without limiting the foregoing, you
agree that you shall not utilize the Product to send any
commercial electronic mail message (as that term is defined
in the CAN-SPAM Act of 2003) to any person who has opted
out or otherwise objected to receiving such messages from
you or another sender on whose behalf you may be acting.
You cannot mail to distribution lists, newsgroups, or spam
or unsolicited email addresses. You cannot copy a MailSpeek
template or any other features or functionality from the
Products and use them for any purpose other than sending
email messages from the Products. Emails that you send
through the Product may generate spam complaints from recipients.
As a matter of privacy, MailSpeek 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 spam complaints in
excess of industry norms. MailSpeek, in its sole discretion,
shall determine whether your level of spam complaints is
within industry norms, and its determination shall be final,
binding and conclusive for all purposes under this Agreement.
MailSpeek will terminate your use of its Products if MailSpeek
determines that your level of spam complaints is higher
than industry norms.
5.3 Footers. For every email message
sent in connection with the Products, you acknowledge and
agree that MailSpeek may add an identifying footer stating "Powered
by MailSpeek" or a similar message.
5.4 Use of Images Hosted by MailSpeek. Images
hosted by MailSpeek on MailSpeek controlled servers may
only be used in connection with the Products and for no
other purpose whatsoever.
5.5 Prohibited Content. MailSpeek prohibits
the use of the Products or web site by any person or entity
that:
- Provides, sells or offers to sell any
of the following products or content (or services related
to the same): pornography or illicitly pornographic
sexual products, including but not limited to magazines,
video and software; 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 or markets 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, a.k.a. spam, such as online and direct
pharmaceutical sales, including but not limited to health
and sexual well-being products, work at home businesses,
credit or finance management, including but not limited
to credit repair and debt relief offerings and stock
and trading tips, and mortgage finance offers, DJ/nightclub,
event/club promotions/party lists, and odds making and
betting/gambling services, including but not limited
to poker, casino games, horse and dog racing and college
and pro sporting events.
- 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 the 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 channel and/or network
marketing (MLM) businesses, including but not limited
to personal work-at-home offers promoting "get rich quick", "build
your wealth" and "financial independence" offerings.
- 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.
5.6 Right to Disable Access. MailSpeek,
at its own discretion, may immediately disable your access
to the Products without refund if MailSpeek believes in
its sole discretion that you have violated any of the policies
listed above or elsewhere in this Agreement.
6. Restrictions and Responsibilities
6.1 No Rights in Software. This is an
Agreement for services and access to this web site, 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 Products
or any software, documentation, or data related to the
Products ("Software"); remove any proprietary
notices or labels from the Products or any Software, modify,
translate, or create derivative works based on the Products
or any Software; or copy, distribute, pledge, assign, or
otherwise transfer or encumber rights to the Products or
any Software.
Unless you are an authorized reseller of the Products,
you may not display, copy, reproduce, or distribute the
Software, any component thereof, any documentation provided
in connection with the Products or the Software, or any
content, including but not limited to newsletters, distributed
to you by MailSpeek in connection with the Products. Violation
of these restrictions may result in the termination of
this Agreement.
6.2 Permitted Use of the Products. The
Products shall be used for your internal business (which
includes civic or charitable) purposes only, and you shall
not use the Products or any Software for timesharing or
service-bureau purposes or otherwise for the benefit of
a third party. If you are using the Products in any jurisdiction
which restricts the ability of a software provider to restrict
your right to reverse engineer, decompile, disassemble,
or otherwise attempt to discover the source code, object
code, or underlying structure, ideas, or algorithms of
the Software or Products, then you hereby covenant that,
prior to engaging in such activities, you will first request
that MailSpeek perform such work at its standard professional
services rates. MailSpeek can then decide either: (i) to
perform the work in order to achieve such interoperability
and charge its then standard rates for such work to you;
or (ii) to permit you to reverse engineer parts of the
Software in order to obtain such source code, but only
to the extent necessary to achieve such interoperability
or (iii) provide you with the information that you need
regarding the Software for the purpose for which applicable
law permits you to engage in such activities despite a
contractual prohibition on such activities.
6.3 Compliance with Laws; Monitoring. You
shall use the Products only in compliance with this Agreement,
the federal CAN-SPAM
Act of 2003 and all other applicable laws (including
but not limited to policies and laws related to spamming,
privacy, obscenity, or defamation and child protective
email address registry laws). Although MailSpeek has no
obligation to monitor the content provided by you or your
use of the Products, MailSpeek may do so and may block
any e-mail messages, remove any such content or prohibit
any use of the Products that MailSpeek believes may be
(or is alleged to be) in violation of the foregoing.
6.4 Indemnification. You hereby agree
to defend, indemnify and hold harmless MailSpeek 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 (i) arises from any alleged breach of this Agreement,
(ii) arises from the content or effects of any messages
you distribute using the Products or (iii) otherwise arises
from or relates to your use of the Products. In addition,
you acknowledge and agree that MailSpeek has the right
to seek damages when you use the Products 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.
6.5 Your Information. In using the varied
features of the Products, you may provide information about
yourself or your employer (such as name, contact information,
or other registration information) to MailSpeek. MailSpeek
may use this information and any technical information
about your use of the Products to tailor its presentations
to you, facilitate your movement through the Product, or
communicate separately with you. If you accessed the Products
as a result of solicitation by a marketing partner of MailSpeek,
MailSpeek may share your information with the marketing
partner and the marketing partner may share related information
with MailSpeek. MailSpeek will not provide your contact
information to companies you have not authorized for that
purpose unless required by law or unless you are terminated
from MailSpeek due to unsolicited commercial email being
sent from your MailSpeek account. MailSpeek will never
sell or rent your contact lists to anyone without your
permission. In the event MailSpeek amends or revises the
policy described in the immediately preceding sentence,
it will provide advance notice of such amendment or revision.
6.6 Intellectual Property Rights in Your Content. You
agree that you will not upload or transmit any contact
lists, communications or content of any type to this web
site or in connection with the Products that infringe,
misappropriate or violate any rights of any party. By submitting
ideas, concepts, inventions, or content to this web site
or using them in connection with the Products, you agree
that such submission is non-confidential for all purposes.
If you make any such submission, you agree that you will
not send or transmit to MailSpeek or to any third party
using the Products, any communication or content that infringes
or violates any rights of any party. If you submit any
business information, ideas, concepts or inventions or
content to MailSpeek by email, you agree such submission
is non-confidential for all purposes. If you make any submission
to this web site or if you submit any business information,
idea, concept or invention to MailSpeek by email, you automatically
grant--or warrant that the owner of such content or intellectual
property has expressly granted--MailSpeek a non-exclusive,
royalty-free, perpetual, irrevocable, worldwide license
to use, reproduce, create derivative works from, modify,
publish, edit, translate, distribute, perform, and display
such content in any manner.
6.7 Use of Links in the Survey Product. You
hereby agree that you shall only distribute links to the
survey via the Survey Product, the Email Marketing Product
or as a link on your web site.
7. Termination
You may terminate this Agreement at any time by calling
MailSpeek Customer Support. There are no refunds for any
fees paid.
MailSpeek may terminate this Agreement or the Products,
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. MailSpeek shall have no liability to
you or any third party because of such termination or action.
MailSpeek may delete any of your archived data within
30 days after the date of termination. After termination,
you shall process all unsubscribe requests within 30 days
of your last email campaign. MailSpeek will provide upon
request the list of unsubscribe requests from your last
campaign. 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.
If your account is classified (at MailSpeek's sole discretion)
as inactive for over 120 days, MailSpeek has the right
to permanently delete your subscriber data. MailSpeek will
use good faith efforts to contact you via email prior to
taking any permanent removal actions.
8. Warranty Disclaimer; Remedies
USE OF THE PRODUCTS AND ANY RELIANCE BY YOU UPON THE PRODUCTS,
INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR
RELIANCE, IS AT YOUR SOLE RISK. MAILSPEEK DOES NOT WARRANT
THAT THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE;
NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM USE OF THE PRODUCTS. THE PRODUCTS ARE
PROVIDED "AS IS" AND MAILSPEEK 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 Products shall be for MailSpeek to use commercially
reasonable efforts to adjust or repair the Products.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER
NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT,
OR OTHERWISE, SHALL MAILSPEEK 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 "MAILSPEEK") BE LIABLE TO
YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE
OR CONSEQUENTIAL DAMAGES, EVEN IF MAILSPEEK 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, MAILSPEEK 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 MAXIMUM AGGREGATE
LIABILITY OF MAILSPEEK TO YOU ARISING IN CONNECTION WITH
THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID
FOR THE PRODUCTS IN THE TWELVE (12) MONTHS PRIOR TO THE
ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY
PAID BY MAILSPEEK TO YOU IN THAT TWELVE (12) MONTH PERIOD.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION
AND EXCLUSION MAY NOT APPLY TO YOU.
10. Restricted Persons; Export of Products or
Technical Data
You hereby warrant that you are not a Restricted Person.
For purposes of this Agreement, you are a Restricted Person
if you or any officer, director, or controlling shareholder
of the entity on behalf of which you are using the Products
is (1) a national of or an entity existing under the laws
of Cuba, Iran, Sudan, Syria, or any other country with
which U.S. persons are prohibited from engaging in transactions,
as may be determined from time to time by the U.S. Treasury
Department; (2) designated as a Specially Designated National
or institution of primary money laundering concern by the
U.S. Treasury Department; (3) listed on the Denied Persons
List or Entity List by the U.S. Commerce Department; (4)
engaged in nuclear, missile, chemical or biological weapons
activities to which U.S. persons may not contribute without
a U.S. Government license; or (5) owned, controlled, or
acting on behalf of a Restricted Person. If you become
a Restricted Person during the term of this Agreement,
you shall notify MailSpeek within twenty-four (24) hours,
and MailSpeek shall have the right to terminate any further
obligations to you, effective immediately and with no further
liability to you, but without prejudice to your outstanding
obligations to MailSpeek.
You agree that you shall not utilize the Products to conduct
or facilitate any transaction with any Restricted Person,
except as may be expressly authorized in advance in writing
by the U.S. Government. You may not remove or export from
the United States or allow the export or re-export of the
Products, or any direct product thereof, including technical
data, in violation of any restrictions, laws, or regulations
of the United States or any other applicable country.
11. Links to Third-Party Web Sites
This web site may contain links to non-MailSpeek web sites.
These links are provided to you as a convenience, and MailSpeek
is not responsible for the content of any linked web site.
Any non-MailSpeek web site accessed from this web site
is independent from MailSpeek, and MailSpeek has no control
over the content of that web site. In addition, a link
to any non-MailSpeek web site does not imply that MailSpeek
endorses or accepts any responsibility for the content
or use of such web site.
12. No Implied Endorsements
In no event shall any reference to any third party or
third party product or service be construed as an approval
or endorsement by MailSpeek of that third party or of any
product or service provided by a third party.
13. Notice and Take Down Procedures; Copyright
Agent
If you believe any materials accessible on or from this
web site infringe your copyright, you may request removal
of those materials (or access thereto) from this web site
by contacting MailSpeek's copyright agent (identified below)
and providing the following information:
- Identification of the copyrighted work
that you believe to be infringed. Please describe the
work, and where possible include a copy or the location
(e.g., URL) of an authorized version of the work.
- Identification of the material that
you believe to be infringing and its location. Please
describe the material, and provide us with its URL or
any other pertinent information that will allow us to
locate the material.
- Your name, address, telephone number
and (if available) e-mail address.
- A statement that you have a good faith
belief that the complained of use of the materials
is not authorized by the copyright owner, its agent,
or the law.
- A statement that the information that
you have supplied is accurate, and indicating that "under
penalty of perjury," you are the copyright owner
or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent
from the copyright holder or authorized representative.
MailSpeek's agent for copyright issues relating to this
web site is as follows:
Compliance Manager
MailSpeek, Inc.
2037 Hallwood Dr., Suite A
Memphis, TN 38107
Phone: 800-398-2115
Email: info@MailSpeek.com
In an effort to protect the rights of copyright owners,
MailSpeek maintains a policy for the termination, in appropriate
circumstances, of subscribers and account holders of this
web site who are repeat infringers.
14. Open Positions on Career Pages
MailSpeek may list open employment positions on this web
site. Any such postings are for informational purposes
only and are subject to change without notice. You should
not construe any information on this web site or made available
through this web site as an offer for employment. Nor should
you construe anything on this web site as a promotion or
solicitation for employment not authorized by the laws
and regulations of your locale.
15. Username and Password
You are responsible for maintaining the security of your
account, passwords, and files. MailSpeek will accept the
instructions of any individual who claims to be authorized
to direct changes to your account so long as such person
presents your username and password on-line, by e-mail
or by phone. MailSpeek has no knowledge of your organizational
structure, if you are registering for the Products as an
entity, or your personal relationships, if you are a person.
MailSpeek shall not be responsible for the actions of any
individuals who misuse or misappropriate your contact lists
or other assets using your username and password.
16. Miscellaneous
16.1 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.
16.2 MailSpeek and you agree that this
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 this 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.
16.3 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 MailSpeek
in any respect whatsoever.
16.4 In any action or proceeding to
enforce rights under the Agreement, the prevailing party
will be entitled to recover its costs and attorneys' fees.
16.5 The Agreement shall be governed
by the laws of the State of Tennessee, USA 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 state or federal courts located in Memphis,
Tennessee.
Additional Information
If you have any questions about the rights and restrictions
above, please contact MailSpeek by email at info@MailSpeek.com
Copyright ©2007-2008, MailSpeek, Inc. All Rights
Reserved.
June 2008 |
