The following standards and expectations must be met during the term when you are
a subscriber of the Traffik Mailer Program.
- We encourage you to build your Newsletter in a way that promotes your business,
organization, or personal interests.
- Our service can provide you with access to content provided by other people. We
cannot fully control all of the content available from our servers. By its very
nature, other people's content may be offensive, harmful or inaccurate, and in some
cases content will be mislabeled or deceptively labeled. We expect that you will
use caution--and common sense--when using our services.
- You are, of course, welcome to publicize your Newsletters, although it is forbidden
(and possibly illegal) to use unsolicited e-mail or spam to publicize your Newsletter
(see UCE/SPAM terms below). It is also inappropriate to widely publicize your password
if you have placed your content behind password protection.
- If you see any violations of our Terms of Service, or if you have any problems or
concerns, please contact our Customer Support.
Terms of Service
THE FOLLOWING DESCRIBES THE TERMS ON WHICH WE OFFER YOU SERVICES.
If you do not accept these terms and conditions or have any questions, please contact
Customer Support.
- TERM: The term of service begins at the date a service order is signed, or
billing is initiated, and will automatically be renewed for successive terms unless
cancellation notice is given according to the Cancellation Policy (see below).
- PAYMENT TERMS: All payments for charges will be made in U.S. Dollars. Monthly
charges shall be invoiced to Customer in the middle of each month. Any additional
usage charges will be invoiced. In all cases, payments for services are due within
fifteen (15) days of the invoice date, or by the first of each month. Amounts that
are not paid in full within thirty (15) days of the invoice date will be subject
to interest charges of the lesser of one and one-half percent (1.5%) per month or
the highest amount permitted by law, which interest shall accrue daily. If Customer
does not provide written notice of a dispute with respect to charges or taxes within
six (6) months of the date of an invoice, such invoice shall be deemed correct and
binding on Customer. In the event Customer fails to pay an invoice within 15 days
of invoice date, TraffkiMailer may issue a notice of default and may discontinue
services in the event Customer has not fully paid all invoices within seven (7)
days of the default notice.
- CANCELLATION POLICY: Client must provide TraffikMailer with a thirty (30)
day notice of cancellation in email or letter form. The email must state the account
name, date and reason for cancellation and be sent to
support@traffikmailer.com, or send the letter to Traffiktek, Inc., 2536
Countryside Blvd., Suite 200, Clearwater, FL 33763. If TraffikMailer does not receive
written notification of cancellation or client does not receive emailed acknowledgement
of cancellation, the client is responsible for each billing period until such written
notice is given.
- USE/SPAM POLICY: When supplying email lists, you are required to only use
the email addresses of people who you have a pre-existing business or personal relationship
with you or who have indicated their desire to receive email communications from
you ("opt-in"). In addition, you must not prevent a Newsletter subscriber from automatically
removing themselves from your list.
- PRIVACY POLICY: All content (articles, images, and email addresses) the client
enters into the TraffikMailer publishing system are stored in a private and secure
fashion, and will not be used by TraffikMailer for any other purpose other than
for the client's own use.
- You are responsible for paying all applicable taxes and for all hardware, software,
service and other costs you incur to access your TraffikMailer account and our servers.
We may add, delete or change some or all of the services provided at any time in
our sole discretion.
- You shall comply with all laws and regulations applicable to your use of your TraffikMailer
account.
- We may terminate your TraffikMailer account immediately if you breach these Terms
of Service or if we are unable to verify or authenticate any information you provide
to us. We may also terminate your TraffikMailer account if we decide, in our sole
discretion, to discontinue offering you our services. Following termination, we
may remove some or all of your content from our servers or elect to retain it, at
our sole option.
- Although privacy issues are very important to us, given the current regulatory and
technical environment you should not have an expectation of privacy in your TraffikMailer
account or any content or information associated with it. By way of example (without
limiting the foregoing), we may be forced to disclose information to the government
or third parties under certain circumstances, or third parties may unlawfully intercept
your private communications. We cannot ensure that all private communications or
information associated with your TraffikMailer Newsletter will remain private.
- WE AND OUR SUPPLIERS PROVIDE OUR SERVICES AND YOUR TRAFFIKMAILER NEWSLETTER "AS
IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. Some
states do not allow the disclaimer of implied warranties, so the foregoing disclaimer
may not apply to you. This warranty gives you specific legal rights and you may
also have other legal rights which vary from state to state.
- IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY LOST PROFITS OR SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING
OUT OF OR IN CONNECTION WITH YOUR TRAFFIKMAILER NEWSLETTER OR THESE TERMS OF SERVICE.
OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO $50. Some states do not
allow the limitation of liability, so the foregoing limitation may not apply to
you.
- With respect to content on your TraffikMailer Newsletter:
- You are responsible for all content displayed on pages within your TraffikMailer
Newsletter, including content provided by you or by any person that you give editing
rights to. However, we reserve the right to take any action with respect to your
content if we believe it may create liability for us or may cause us to lose (in
whole or in part) the services of our ISPs or other suppliers.
- The content distributed through your TraffikMailer Newsletter: (a) shall not infringe
any third party's copyright, patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy; (b) shall not violate any law, statute,
ordinance or regulation (including without limitation the laws and regulations governing
export control, unfair competition, antidiscrimination or false advertising); (c)
shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(d) shall not be obscene, contain pornography of any type, or contain child pornography;
and (e) shall not contain any viruses, trojan horses, worms, time bombs, cancelbots
or other computer programming routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data or personal
information. You may not take any action which imposes an unreasonable or disproportionately
large load on our infrastructure.
- We believe in each person's right to express themselves, but sometimes the words
you want to speak will be inappropriate for the community at large. From time to
time, we may ask you to place some or all of your content behind password protection
if we believe such content is inappropriate for the community at large (unless they
violate Section II, in which case they should not be on our system at all). If we
ask you to place your content behind password protection and you fail to do so promptly,
we at our sole option may choose to (a) place such content behind password protection
ourselves, or (b) terminate these Terms of Service and your TraffikMailer account.
Furthermore, in cases where we have asked you to place content behind password protection
or the content otherwise appropriately belongs behind password protection, you may
not publish your password in such a way that negates the limited access nature of
the password protected site.
These Terms of Service shall be governed in all respects by the laws of the State
of Florida as such laws are applied to agreements entered into and to be performed
entirely within Florida between Florida residents. Both parties submit to jurisdiction
in Florida and further agree that any cause of action arising under these Terms
of Service shall be brought in a court in Tampa, Florida. We do not guarantee continuous,
uninterrupted or secure service, and we are not liable if you are unable to access
your TraffikMailer account or our services. If any provision of these Terms of Service
is held to be invalid or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. Our failure to act with respect to a breach by you
or others does not waive our right to act with respect to subsequent or similar
breaches. You may not assign or transfer these Terms of Service or your rights in
your TraffikMailer account, and any attempt to the contrary is void. These Terms
of Service sets forth the entire understanding and agreement between us with respect
to the subject matter hereof.
Questions
If you have any questions about this privacy statement, you can email us at
support@traffikMailer.com.