Postmark

Terms of Service

Acceptance of Terms

By using the Postmarkapp.com web site (“Service”), all services of Wildbit, LLC, you are agreeing to be bound by the following terms and conditions (“Terms of Service”), including any subsequent changes or modifications to them. If you do not agree to these Terms or to our Privacy Policy, please do not access the Postmarkapp website or services.

Privacy and Communications

You acknowledge and agree that Wildbit may occasionally send you communications regarding your account or the Service via email.

See the Privacy Policy, which is incorporated into this Agreement by reference.

Accounts, Passwords, and Security

You must be a registered user to access the Service. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name.

Acceptable Use and Conduct

You are solely responsible for your conduct and your data related to the Service. You agree to indemnify, defend, and hold harmless Wildbit, LLC and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Service, or your violation of these terms.

The Software and Service are made available to you, your company, and/or your customers only for personal or commercial use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights.

Any unauthorized use of any Wildbit Service is a violation of this Agreement and certain federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.

Appropriate Email Practices

Postmark may not be used to send mass emailing campaigns. This includes, but is not limited to, Marketing Materials, Promotional Information, Newsletters, etc. You may only send Transactional email communication, which is defined by the Federal Trade Commission as: Transactional or relationship content – which facilitates an already agreed-upon transaction or updates a customer about an ongoing transaction. Some examples are:

All email lists contained and sent to using Service must be permission-based subscriptions. It is absolutely never acceptable or allowable to use a list that has been purchased, rented or from a third-party.

It is Your responsibility to monitor and maintain unsubscribe requests for Your list that are outside of the functionalities of Postmark. Emails sent unsolicited will receive abuse complaints that will be reflected on Your account. It is Your responsibility to maintain abuse results lower than the industry standard. It is at Postmark’s sole discretion to determine if abuse complaints are in excess of industry standards.

Postmark reserves the right to terminate any account that it finds in violation of its Terms of Use by receiving abuse complaints higher than allowed, without refund.

Federal Regulation Compliance

You are responsible for complying with the CAN-SPAM federal regulation. You are also responsible for supplying an Unsubscribe link in the event that your email is required to under the Federal CAN-SPAM regulation. For more information, visit the Federal Trade Commission's website.

Fees

Wildbit will not issue refunds for unused email credits at any times. Your credits to send emails will never expire. Users are able to opt-in to recurring billing at a level set by the user. At the end of the contract term, when credits run out, the contract will automatically renew indefinitely until explicitly cancelled by the user.

Cancellation must be issued via the Service. Any cancellation issued must be done three (3) days prior to the end of the contract term to allow for adequate processing time.

Chargeback / Refund Policy

Wildbit will not, under any circumstances, issue cash refunds for early contract cancellation. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will credit your account or credit card account for the appropriate amount. Wildbit has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently banned from use of the Postmark service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.

No Warranties or Representations

You understand and agree that the Service is provided “as is” and Wildbit, LLC, its affiliates, suppliers and Resellers expressly disclaim all warranties of any kind, beyond the Refund, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on Wildbit’s servers. Wildbit, its affiliates, suppliers and Resellers make no warranty or representation, other than the Refund, regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet any user’s requirements beyond the Refund. Use of the Service is at Your sole risk. You will be solely responsible for any damage to You resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with You. Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems.

Limitation of Liability

In no event shall Wildbit be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or the materials therein or resulting from unauthorized access to or alteration of data.

Termination of Service

We reserve the right to terminate your account at any time. You also have the option of canceling your account at any time without penalty. In the event of account cancellation you will lose all data related to Your account.

Conditions

We may modify or terminate our services at anytime, for any reason, and without notice. We reserve the right to modify these Terms of Service at any time without notice. Please review these Terms of Service on occasion as they may change in the future. We may, but have no obligation to, remove accounts and content containing what we determine as unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. We will remove content that violates any party’s intellectual property or these Terms of Service. An account terminated by Wildbit will not be backed-up for any reason and will be immediately deleted from our servers.

Intellectual Property

Wildbit claims no intellectual property rights over the material you provide to the Service. You acknowledge that Wildbit owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.

Users with questions about this Agreement or the Privacy Policy may contact Wildbit at support@postmarkapp.com or 20 N. 3rd Street, Unit 701, Philadelphia, PA, 19106.