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Terms and Conditions of Use

[Last updated on July 4, 2012]

PostageApp (“PostageApp”, “we”, “us” and terms of similar meaning) provides this web site (in these terms we call this site, the Postageapp application, API and related software, and any successor websites, and any software provided by PostageApp for use with the site, the “Site”) to you subject to these terms and conditions of use (these “Terms”). Please read these Terms carefully before using the Site. By accessing or using the Site or by merely browsing the Site you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site.

This Site is not intended to be used by children. You must be at least of the age of majority to use this Site.

In these Terms, our customers are called “Customers”, and users of the Site, whether they are Customers, members of a public forum used in the Site, people who post comments on our blog, or casual browsers of the Site, are called “Users”.

PostageApp reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion. If we do so, we will notify you at the email address you provide in your registration information, if any. If you do not agree with the changes, you can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account (if your billing period is monthly, we will prorate your account to the nearest month-end after cancellation). Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Site. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Site. If you have any questions about the Terms, please email us at info@postageapp.com.

1. Privacy Policy

Please refer to PostageApp's privacy policy, available at postageapp.com/privacy (the “Privacy Policy”) for information on how PostageApp collects, uses and discloses personally identifiable information from its users. By using the Site you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

2. Registration Data; Account Security

If you register for an account on the Site, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to PostageApp, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to PostageApp. You are responsible for all activity on your PostageApp account, and for all charges incurred by your PostageApp account.

3. Fees; Charges; Taxes

Fees and any other charges for the use of the Site are described on the Site. They may change from time to time. If we change them, we will give you at least 30 days’ notice. If they do change, your continued use of the Site after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs.

a) Recurring Charges

'Monthly Fees' as described on the Site relate to calendar months. If paid service is initiated in the middle of a calendar month the first invoice will be pro-rated to the rest of that month. Unless otherwise stated, subsequent billing periods will be charged automatically for the calendar month on the 2nd of that month, barring technical limitations. For example, the invoice for services to be rendered in February will be automatically charged on 2nd February.

If you do not wish to be subject to automated monthly (recurring) billing, please contact support via info@postageapp.com, and your account will be invoiced on the schedule outlined above without incurring automated charges. It is your responsibility to ensure payment is tendered and accounts may be disabled without notice for non-payment.

b) Trial Plans

We may offer 'Trial' periods on certain plans, for example '30 days free'. On acceptance of a Trial plan you may be required, or choose to enter Payment details. If Payment information is provided you accept that you will be automatically billed on the 30th day (or as stated in the Trial) following your acceptance of the Terms. Following the trial period, billing will be rendered subject to the section 3.a above - 'Recurring Charges'. If payment details are not entered, your account will be deactivated at the end of your trial period should you fail to render payment. Only new users are eligible to register for a trial account; existing customers creating new trial accounts will be required to render payment for the entire term, or may be subject to cancellation without notice.

c) Taxes

You are responsible for all taxes applicable to the fees in any applicable jurisdiction.

4. Ownership, Copyright and Trademarks

In these Terms the content on the Site, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Content provided by Users is called “User Content”.

User Content is that User’s property. PostageApp’s only right to that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 5 and Section 16 of these Terms.

Other than the User Content, the Site, all Content and all software available on the Site or used to create and operate the Site is the property of PostageApp or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Site, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by PostageApp.

Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Site, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Site.

5. Your Limited License of Your User Content to PostageApp

We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site, and provide the services provided by the Site, now and in the future. For example, if you leave comments on a PostageApp blog or posts on a PostageApp forum, or you provide other Content for display on the Site, we need your license to display that User Content on the Site, and we need the right to sublicense that User Content to our other Users so that they can view that User Content.

Therefore, by posting or distributing User Content to or through the Site, you (a) grant PostageApp and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content on the Site, in the manner in and for the purposes for which the Site from time to time uses such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Site; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Site, as described in Section 5 of these Terms.

These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Site. And they are transferable because we need the right to transfer these licenses to any successor operator of the Site. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Site does this to your User Content when it processes it for use in the Site.

6. Our Limited License of Content to You

PostageApp grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Site and to view, copy and print the portions of the Content available to you on the Site. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Site or the Content, or reproduce, distribute or display the Site or any Content (except for page cacheing) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Site or the Content other than for its intended purpose.

Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by PostageApp at any time.

You represent and warrant that your use of the Site and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.

To request permission for uses of Content not included in this license, you may contact PostageApp at the address set out at the bottom of these Terms.

7. Use of Interactive Areas and the Site

The Site may from time to time contain discussion forums, bulletin boards or other forums or areas in which you or third parties may post reviews or other content, messages, materials or other items on the Site (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. User Content submitted to any public area of the Site will be considered non-confidential. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

  • Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Content containing, advertising or pertaining to certain high-risk industries at our discretion, including but not limited to adult material, loans, pharmaceuticals, narcotics, lotteries, gambling, relationship or escort services, work-from-home opportunities, trading or penny stocks, credit repair, MLM (Multi-Level Marketing).
  • Unsolicited promotions, political campaigning, advertising or solicitations;
  • Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;
  • Viruses, corrupted data or other harmful, disruptive or destructive files;
  • Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
  • Content that, in the sole judgment of PostageApp, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose PostageApp or its affiliates or its users to any harm or liability of any type.

Access and Resource Limits

Access to the Interactive Areas, including the account dashboard and the API endpoints, should be conducted within reasonable limits necessary to your usage of the Service, not to the detriment of other Users. Automated requests to the API or Account tools that exceed reasonable limits as deemed by Us may result in suspension of your Account and cause your requests to be dropped or redirected. Continued violation of thresholds may result in termination of your Account.

SPAM, Complaints and Abuse

PostageApp has a “zero-tolerance” policy towards SPAM: you may not use the Interactive Areas or the Site generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Site you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices. These include, but are not limited to CAN-SPAM policies, FTC marketing guidelines and CASL.

Email that is detrimental to the service does not solely consist of those violating of laws, or fitting definitions of SPAM. We use multiple signals to determine abusive or detrimental transmissions - these signals include:

  • ISP Feedback Loops, including Hotmail/MSN, AOL, Comcast, Netzero
  • SMTP Return Codes, bounces and response times
  • Contact to our abuse reporting addresses or forms
  • Third party spam reporting tools, such as SpamCop
  • Heuristic spam detection engines, such as SpamAssassin, Barracuda
  • Reputation monitoring tools, such as SenderScore, SenderBase
  • Background checks on clients, email transmissions
  • Analysis of recipient engagement through tracking and other means
  • Subjective monitoring by human agents of email content or patterns
We may use any combination of above systems or other signals to determine an account to be in violation of our policies.

Consequences of Violations

Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site, imposition of specific restrictions on content or behaviour, requirements to use alternate plan levels for reputation isolation, forfeiture of any fees paid, and deletion of content and data from your Account.

8. Providing a Reliable and Secure Service

We try to ensure that our service operates all the time, and that it is a secure environment. We use what we believe to be reliable hosting services and security technologies and services that we believe provide you with a secure and safe environment. More information about these services and technologies is available on the Site.

For example, to safeguard credit card information, PostageApp encrypts all credit card numbers, uses restrictive firewalls to protect stored data and uses SSL certificates to encrypt data transferred between you and the Site.

However, no system is perfectly secure or reliable, the internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use PostageApp, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.

9. Links to Other Sites

The Site may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. Third-Party Sites include payment processors and other payment intermediaries that you may use in connection with your use of the Site. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. PostageApp does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. PostageApp provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply PostageApp's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. PostageApp accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

10. Advertisements and Promotions

PostageApp may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than PostageApp, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. PostageApp is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

11. Warranty Disclaimer

The Site, the Content and the services provided by the Site are provided to you on an “as is” basis without warranties from PostageApp of any kind, either express or implied. PostageApp expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. PostageApp does not represent or warrant that Content is accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site, the Content or any portion thereof.

While PostageApp attempts to make your access to and use of the Site safe, PostageApp does not represent or warrant that the Site or any Content are free of viruses or other harmful components.

12. Limitation of Liability; Indemnity

You waive and shall not assert any claims or allegations of any nature whatsoever against PostageApp, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site. You use the Site at your own risk.

Without limitation of the foregoing, neither PostageApp nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, 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) or otherwise, arising out of or in any way connected with the use of the Site or the Content, including without limitation any damages caused by or resulting from your reliance on the Site or other information obtained from PostageApp or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to PostageApp or any other Released Party's records, programs or Services.

In no event shall the aggregate liability of PostageApp, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation paid by you for access to or use of the Site during the three months prior to the date of any claim.

You shall defend, indemnify and hold harmless PostageApp and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site and from the use of the Site by any person to whom you give access to your account (including as staff), including any claims made by any person that any of your User Content infringes the rights, including the intellectual property rights, of any third party.

13. Communications

Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data. Second, we may post to Customers in the dashboard area of your account on the Site. Third, we may post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.

Subject to the Privacy Policy, if you send to PostageApp or post on the Site in any public area any information, ideas, inventions, concepts, techniques or know-how (“User Submissions”), for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information, you acknowledge that PostageApp can use the User Submissions without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to the User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Site or send them to us.

14. Applicable Law and Venue

The Site is controlled by PostageApp and operated by it from its offices in Toronto, Ontario. You and PostageApp both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and PostageApp explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to (a) these Terms; (b) the Site or Content; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Site; or (d) the relationships that result from these Terms or the Site or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against PostageApp related to any Claim and, where applicable, you also agree to opt out of any class proceedings against PostageApp. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

If you choose to access the Site from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify PostageApp and the other Released Parties for your failure to comply with any such laws.

15. Termination/Modification of License and Site Offerings

Notwithstanding any provision of these Terms, PostageApp reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site or Content; (c) change, suspend or discontinue any aspect of the Site or Content; and (d) impose limits on the Site or Content.

16. Inactive Accounts; Termination of Agreement

If your account is inactive, we may deactivate your account. Deactivated accounts are not deleted – they are placed in storage and can be restored. We will notify you by email if we decide to deactivate your account. If you know in advance that your account will be inactive at some time and don’t want us to deactivate it, let us know in advance at the support email address on the Site. If after your account has been deactivated it stays inactive and we don’t hear from you, we may terminate it at any time and without notice.

You and PostageApp may terminate these Terms and your use of the Site at any time. If you terminate your use of the Site you must pay the fees applicable for the balance of the then current billing period (if your billing period is monthly, we will prorate your account to the nearest month-end after termination). When your PostageApp account is terminated, your User Content will, shortly thereafter, not appear on the Site, except for User Content submitted to our forum or comments on our blog, which may remain on the Site after termination. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.

If these Terms expire or terminate for any reason, Sections 4, 8, 11, 12, 14, 16 and 17, and any representation or warranty you make in these Terms, shall survive indefinitely.

17. Miscellaneous

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. PostageApp may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of PostageApp, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and PostageApp regarding your use of the Site, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and PostageApp regarding your use of the Site. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.

18. Fulfillment

PostageApp is an online service. By creating an account in PostageApp.com, a user has immediate access to the PostageApp service.

A user can choose from three basic account types:

  1. The free PostageApp basic service
  2. A 'trial' plan as outlined in section 3.b, which subsequently converts to...
  3. A full-featured paid plan.

19. Cancellation

At any point, a user may cancel their PostageApp plan, which will:

  1. cease any future billing for that account
  2. delete that account and all contents.

20. SLA and Refund

Service Level Agreement

PostageApp offers a 99% uptime service level guarantee. Upon request, PostageApp will credit any user who has experienced unscheduled downtime greater than 1% per 30 days, due to our server or our application malfunctioning. Our 99% uptime guarantee is calculated on a rolling 30-day period.

Refund policy

If any user in good standing with an active paid plan is unhappy with the PostageApp service, they can request a refund for their current month. We will, at our sole discretion, initiate a refund process through the channel of our choosing - commonly either a return-to-credit or mailed cheque.

Accounts terminated or suspended for violation of any of these Terms, including but not limited to sending SPAM or causing disruption of service, will not be eligible for refunds as outlined above or otherwise.

21. Questions and Comments

If you have any questions regarding these Terms or your use of the Site, please contact us here:

PostageApp
Address: 639 Queen Street West, Suite 501, Toronto, Ontario, Canada
Email: info@postageapp.com
Telephone: +1 416 850 2500