Acceptance of Terms
PRIVACY AND COMMUNICATIONS
You acknowledge and agree that Mediainfini may occasionally send you communications regarding your account or the Service via email.
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 Mediainfini. 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 Mediainfini 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
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 Mediainfini. 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 Mediainfini’s sole discretion to determine if abuse complaints are in excess of industry standards.
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.
1. You won’t send Spam! By “spam,” we mean the definition on the Spamhaus website.
2. You won’t use purchased, rented, or third-party lists of email addresses.
3. You won’t violate our Acceptable Use Policy, which is part of this Agreement.
4. You represent and warrant that you either own or have permission to use all of the material in your Emails.
If you violate any of these rules, then we may suspend or terminate your account.
Mediainfini will not issue refunds for unused email credits at any times. 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
Mediainfini 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. Mediainfini 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 Mediainfini 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 Mediainfini 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 Mediainfini’s servers. Mediainfini, 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 Mediainfini 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 cancelling your account at any time without penalty. In the event of account cancellation, you will lose all data related to Your account.
We may modify or terminate our services at any time, 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 Mediainfini will not be backed-up for any reason and will be immediately deleted from our servers.
Requirements for All Mediainfini Campaigns
- Our unsubscribe link must be in all campaigns.
- You must include your contact information inside every promotional email that you send, including a physical mailing address or PO Box where you can receive mail. (Not a website or email address.)
- You may not falsify your contact information or subject line.
- Even if you are outside the US, our servers live in the US. We have to make sure all US standards are observed.
- We require that your emails comply with the US CAN-SPAM Act. If you break the rules, you could be liable for hundreds of dollars for each recipient that you sent non-compliant messages to.
- In addition to CAN-SPAM rules, you must comply with the anti-spam laws of the countries your recipients live in. So if you’re sending to UK residents and US residents, check the UK spam laws to make sure you’re also UK compliant.
International Requirements By Country
These are either links to anti-spam legislation in countries outside the US or the name of the country’s anti-spam law.
Canada’s Anti-Spam Legislation (CASL) amends the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act. It is very similar to CAN-SPAM but has some minor differences and covers all electronic messages, not just email.
Spam Act 2003, Act No. 129 of 2003 as amended.
Article 13 of DIRECTIVE 2002/58/EC OF THE EUROPEAN PARLIAMENT AND OF THE 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).
The EU body that addresses spam is The Contact Network of Spam Enforcement Authorities (CNSA).
The Directive is implemented by each member state independently so you will want to check with your particular country law for more details.
The Privacy and Electronic Communications (EC Directive) Regulations
Commission de la protection de la vie privée, Le spam en Belgique Etat des lieux en juillet 2003, July 4, 2003
Measures for Administration of E-Mail Service on Internet (2006)
( Unofficial English Translation )
Section 06 of the Regulation of Electronic Communications and Postal Services Law of 2004 (Law 12 (I) / 2004 deals with unsolicited communications (spam)
Act No. 480/2004 Coll., on Certain Information Society Services
Information Society Service Act
Falls under the Commission Nationale de l’Informatique et des Libertés (CNIL) [National Data Processing and Liberties Commission], Electronic Mailing and Data Protection (Oct. 14, 1999) (French) CNIL Guidelines on email marketing.
Art. 7 German Unfair Competition Law (Gesetz gegen Unlauteren Wettbewerb) (UWG)
Art. 202a, 263, 303a, 303b of the German Criminal Code Art. 6 of the German Law regarding Information Society Services Art. 28 Par. 4 of the German Data Protection Act
Italy’s anti-spam laws are very strict. You can even be imprisoned for sending spam. If you’re sending to Italian recipients, follow these guidelines as well.
Personal Data Protection Code (legislative decree no. 196/2003)
The Code transposed EC Directive 95/46 on the protection of personal data and EC Directive 2002/58 on privacy in electronic communications; it consolidated all Italian pre-existing laws and regulations in this sector.
DL 196/2003 Personal Data Protection Code • DL 675/1996 on privacy protection states, inter alia, that a company must have authorization from each user whose personal data (such as e-mail) they want to use. • DL 171/1998 (deriving from the European Community directive 97/66/CE) on telecommunications privacy protection: this put outlaws all automatic systems to call a user and says that all the expenses of an advertising must be paid by the company and not the user (faxes and e-mails are instead paid also by the user).
DL 185/1999 (deriving from the European Community directive 97/7/CE) on customer protection with respect to long-distance contracts: this obliges companies to seek the permission of the user for virtual or telephone sales.
Dutch law requires very explicit permission and heavily protects data and privacy.
The Unsolicited Electronic Messages Act 2007. The Department of Internal Affairs provides detailed guidelines on the anti-spam laws.
Swedish Marketing Act (Swedish Code of Statutes, SFS 1995:450).
Personal Data Act (Swedish Code of Statutes, SFS 1998:204), in so far as spam activities involve processing of personal data.
Mediainfini claims no intellectual property rights over the material you provide to the Service. You acknowledge that Mediainfini owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by E.U. and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.