Postmark

Terms of Service

Using Postmark Means Accepting these Terms

Wouldn't it be nice if at the beginning of every relationship, everyone laid out the rules in plain English? Our lawyer thinks so. And because we've worked so hard to make Postmark what it is today, we couldn't help but agree…

So, these Terms and Conditions (the “Terms”), in conjunction with our Privacy Policy, are the entire Agreement between Wildbit, LLC and its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, successors, resellers and assigns (“Wildbit” or “We”) and you (“You” or the “User”). These Terms govern Your use of the postmarkapp.com web site (the “Site”), the Postmark web application and/or the Postmark services (collectively, the “Service”).

By using the Service, You are acknowledging that You have read and have agreed to these Terms, so please read them carefully. Seriously. We reserve the right to update these Terms from time to time without notice. Any changes that we make will become part of these Terms when we make them. So, please review these Terms periodically. If you cannot agree to these Terms, or to our Privacy Policy, please do not use the Service. And if You have any questions about them, don't hesitate to contact Wildbit at support@postmarkapp.

Privacy and Communications

You acknowledge and agree that Wildbit may send You e-mails related to your account and/or the Service. Shocking, we know.

Accounts, Passwords and Security

You must be a registered User to access the Service. You are responsible for keeping Your password secure, and You are solely and strictly liable for any activity that occurs under Your user name. You also agree not to access, or attempt to access, other User's accounts and/or data — You wouldn't want anyone doing that to You, right?

Acceptable Use and Conduct

You are solely responsible for Your data and for Your use of the Service. The Service may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable laws or regulations is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; and/or material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Unauthorized and/or unacceptable use of the Service is a violation of these Terms, may result in Wildbit terminating Your account and may subject You to criminal and/or civil liability. So, follow the rules.

Appropriate Email Practices

The Service may not be used to send mass emailing campaigns. This includes, but is not limited to, marketing materials, promotional information, newsletters and similar materials. You may only use the Service to send transactional email communication, which is defined by the Federal Trade Commission as communications which facilitate an already agreed upon transaction or updates a customer about an ongoing transaction.

All email lists contained and/or used with respect to the Service must be permission-based subscriptions. Use of a list that has been purchased or rented from a third party is prohibited.

It is Your responsibility to monitor and maintain unsubscribe requests for Your list that are outside of the functionalities of the Service. 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.

We reserve the right to terminate your account for, among any other reason in our sole discretion, violation of the provisions of this section.

Federal Regulation Complaince

You must comply with all applicable law and regulations in Your use of the Service, including but by no means limited to complying with the CAN-SPAM federal regulations. This includes, but is not limited to, Your obligation to provide an unsubscribe link on Your emails.

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 issue cash refunds under any circumstances. If You have a question about charges made to Your account, please contact Wildbit immediately. If the charges were made in error, Wildbit will credit your 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 using the Service.

DISCLAIMER OF WARRANTIES

WE HAD TO MAKE THIS CONSPICUOUS BECAUSE OUR LAWYERS SAID SO. THE SERVICE IS PROVIDED “AS IS” AND YOU USE IT AT YOUR OWN RISK. WILDBIT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY OF NON-INFRINGEMENT.

WE TRY TO KEEP THE SERVICE BUG-FREE AND SAFE, BUT WILDBIT DOES NOT WARRANT OR ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS- FREE OPERATION OF THE SERVICE OR YOUR ACCOUNT. YOU UNDERSTAND AND AGREE THAT YOU SHALL NOT BE ENTITLED TO MAKE ANY CLAIM BASED ON WILDBIT'S FAILURE, IRRESPECTIVE OF FAULT, TO PROVIDE ANY OF THE FOREGOING. LIKE WE SAID, YOU USE THE SERVICE AT YOUR OWN RISK.

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. IF SOMEONE'S LIFE OR THE FATE OF THE FREE WORLD DEPENDS ON YOUR USE OF THE SERVICE, PLEASE DO NOT USE THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF PARTICULAR WARRANTIES, AND, TO THAT EXTENT, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT YOU LIVE IN A JURISDICTION THAT REFUSES TO ENFORCE THE FOREGOING DISCLAIMERS, WILDBIT DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY

THIS ONE ALSO HAS TO STAND OUT.

IN NO EVENT WILL WILDBIT BE LIABLE TO THE USER OR THIRD PARTIES FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF PROFITS OR LOSS, CORRUPTION AND/OR ALTERATION OF DATA) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR DATA AND/OR YOUR USE OF THE SERVICE AND/OR YOUR ACCOUNT, WHETHER IN AN ACTION IN CONTRACT, TORT, EQUITY OR OTHERWISE.

USER VOLUNTARILY ENGAGES IN THE ACTIVITY OF INTERNET USE AND BEARS THE RISKS ASSOCIATED WITH THAT ACTIVITY. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR YOUR DATA THAT RESULTS FROM SUCH ACTIVITY. IN NO EVENT WILL WILDBIT HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR UNAUTHORIZED ACCESS TO OR USE, ALTERATION, CORRUPTION, THEFT OR DESTRUCTION OF YOUR DATA AND/OR YOUR ACCOUNT.

WILDBIT'S LIABILITY IS EXPRESSLY LIMITED FOR ANY REASON AND UPON ANY CAUSE OF ACTION TO THE AMOUNT YOU ACTUALLY PAID TO WILDBIT FOR THE SERVICE DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU CLAIM THE CAUSE OF ACTION ACCRUED.

SOME JURISDICTIONS' LAWS PROHIBIT THE FOREGOING LIMITATION OF LIABILITY PROVISION. TO THE EXTENT THAT YOU LIVE IN A JURISDICTION THAT REFUSES TO ENFORCE THE FOREGOING PROVISION, WILDBIT'S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.

Indemnification

You agree to indemnify, defend and hold harmless Wildbit from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related to Your data, Your use of the Service and/or any breach of these Terms by You. You further agree to defend, indemnify and hold harmless Wildbit from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related to any claims by third parties that Your data or Your use of the Service infringes upon, violates or misappropriates any of their Intellectual Property Rights or discloses their Proprietary Information.

Termination of Service

We reserve the right to terminate Your account at any time and for any reason so long as permitted by law. Accordingly, We may, but have no obligation to, remove accounts and content containing what We determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. In the event of termination, You will lose all data related to Your Account. An account terminated by Wildbit will not be backed-up for any reason and will be immediately terminated from Wildbit's servers. You may terminate Your account at any time, but Wildbit will not under any circumstances issue any refunds of monies paid.

Intellectual Property

Wildbit claims no intellectual property rights over the data You provide to the Service.

You acknowledge and agree that Wildbit owns all right, title and interest in and to the Service, including without limitation all intellectual property rights. You agree that You will not copy, reproduce, alter, reverse engineer, clone, or modify the Service or create derivative works from the Service.

Force Majeure

Neither party shall be responsible for any failure to perform, or delay in performing any of its obligations under these Terms, where and to the extent that such a failure or delay results from causes outside the control of such party. Such causes shall include, without limitation, failures caused by a third-party service, acts of God or of the public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion or the like.

Special Admonitions for International Use

Recognizing the global nature of the Internet, You agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.

Dispute Resolution by Arbitration

YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS, THE SITE AND/OR THE SERVICE SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) either of us may seek injunctive relief in state or federal court located in Philadelphia County, Pennsylvania concerning infringement, misappropriation or other violation by either of us of the other party's Intellectual Property Rights, and (b) Wildbit may seek injunctive relief in state or federal court located in Philadelphia County, Pennsylvania concerning violation by a User of any of these Terms, and in both such cases (a) and (b), the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration shall be in Philadelphia, Pennsylvania, and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, YOU AND WILDBIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND THAT NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES. IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU RELATED IN ANY WAY TO THE SERVICE (INCLUDING YOUR USE OF THE SERVICE) BE INSTITUTED MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE.

Choice of Law

You agree that all disputes related in any way to or arising from Your use of the Service shall be governed, without respect to conflict of law principles, by the laws of the Commonwealth of Pennsylvania.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may wish to assert related in any manner to the Service must be filed within one (1) year after such claim or cause of action accrued or be forever barred.

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.