MarketVolt Terms of Service
Updated May 23, 2018
MarketVolt is a Web-based email service (the “Service” or “MarketVolt” or “Website”) owned and operated by MarketVolt LLC. The Service enables individuals and organizations to:
- Upload, store and manage recipient lists
- Upload, store and manage images and documents
- create and send email campaigns to those recipients
- track the results of those campaigns
For the purposes of the Agreement, we will refer to ourselves as “MarketVolt”, and to you as the “Customer”. All uses of “you” and “your” in these terms will refer to you as Customer. All uses of “we”, “us”, or “our” refer to MarketVolt.
By opening an account and using MarketVolt, you signify that you have read, understood, and agree to these Terms.
Changes to the Terms
MarketVolt may change these Terms or the Service at any time. We will post revised Terms on our website and send an email to the address specified in your Account contact information. It is your responsibility to check this website regularly for modifications to this Agreement. Unless you terminate your account within ten (10) days of the publication of changes, the new Terms will be effective immediately. Continued use of the Service will indicate your acceptance of the new Terms.
A MarketVolt account (“Account”) is required to use the Service. Each Account will have one or more Users (“User”) with a unique set of login credentials.
By opening an Account, you covenant that you:
- Are at least eighteen (18) years of age
- Are able and authorized to sign legally binding contracts on behalf of your organization
- Provided truthful and complete registration information
- Will maintain the accuracy of the contact and billing information for your Account
- Have read, understand, and agree to these Terms
(“Covenant” means that you are agreeing in a legally enforceable way…)
Account Access and Security
You are responsible for keeping your User credentials, login name and password, confidential. You are also responsible for keeping your API Key confidential.
User password security is configurable including password length, complexity, and expiration. It is your responsibility to notify MarketVolt of specific organizational requirements.
Passwords are encrypted, therefore, MarketVolt cannot access your current password. We may only reset your password. Reset passwords will be delivered to the email address specified in the User contact information.
You are responsible for all activity and content in your Account. MarketVolt is not responsible for any type of losses due to stolen or hacked passwords. You will immediately notify MarketVolt of any confirmed or suspected unauthorized use of your Account(s).
The start date and duration of the Term is specified in your Contract.
If you open an Account on behalf of another company or entity, you warrant that you have the legal authority to accept these Terms on their behalf.
Closing Your Account
Your Account may be closed by you or MarketVolt at any time, for any reason by giving Notice to the other party.
We may terminate our Service to you at any time, with or without cause.
Without cause, we will refund you any prepaid contract amount on a prorated basis. If we terminate your account for cause, like a violation of these Terms, we will not refund any prepaid amount and you will remain legally responsible for any remaining contractual payments.
Upon Account termination we may permanently delete all data associated with the Account including emails, images, and documents.
We will not arbitrate disputes over account ownership. If a dispute arises and cannot be settled by the disputing parties, we will use the Account contact information to determine ownership.
Account ownership is not transferable to another person or organization without expressed written consent from MarketVolt. Any unauthorized transfer may result in immediate termination of the Account.
To maintain the active status of your Account, you must provide us with valid credit card information and authorize us make charges for services that may accrue from month to month or for any past due balances. You are responsible for providing us with up-to-date payment information. Your Account will be suspended until your payment can be processed. If your payment is not made within 20 days of the due date, your Account will be terminated.
By providing credit card information, you warrant that you are authorized to use that credit card, and that any and all Account related charges may be billed to that credit card and will not be rejected.
Contract Billing Plans
Payment terms will be specified by your MarketVolt Contract. Failure to meet scheduled payments will result in Account suspension until payments are current. We will attempt to contact you by email using the Account contact information.
We will refund any prepaid amount if we terminate your Account for a reason not covered by our Terms. We will not provide refunds under any other circumstance.
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
Right to Inspect
For the purposes of providing you service and support, and to ensure that the terms of this Agreement are being followed, we reserve the right to inspect and monitor your Account and data at any time, without notice.
Our Proprietary Rights
You will respect our rights in the software and Website used to deliver the Service including patents, trademarks, service marks, trade secrets, and copyrights. You may not use our brand assets without a separate, written agreement.
Your Proprietary Rights
Your data is limited to information associated with your account. Your data includes:
- Information used to create your account
- Information used to create Users in your account
- The contents of mailings (sent, unsent, and published)
- Mailing delivery data
- Uploaded images
- Uploaded documents
- Recipients and associated field data
- Surveys and associated response data
You are responsible for all activity and content in your Account. This includes all email addresses in your Account, all uploaded images and documents in your Account, and the content used and distributed in mailings sent from your Account. Furthermore, you represent and warrant that you are the rightful owner of, or have permission to use, and take full responsibility for all content used in your mailings.
Rules and Abuse
All MarketVolt Customers must follow the Acceptable Use Policy. The Acceptable Use Policy is considered to be a part of these Terms. Use of the Service signifies that you have read, understand, and agree to the Acceptable Use Policy.
Compliance with Laws
You represent and warrant that your use of MarketVolt will comply with all applicable laws and regulations. You are responsible for determining whether our Services are suitable for your use in light of any regulations such as HIPAA and FERPA. If you are subject to regulations and you use our Services, we will not be liable if our Services do not meet those requirements.
The software that supports the Services (the “Software”) is subject to United States export controls. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States or other export laws. You are using the Software at your own risk.
MarketVolt’s Remedial Rights
Although MarketVolt has no obligation to monitor the content provided by you or through your use of the Services, MarketVolt may do so and may remove any such content or prohibit any use of the Services it believes may be in violation of the Terms.
MarketVolt reserves the right to protect the reputation of its sending IP addresses and sending domains. If your sending practices result in, or may lead to, a bounce rate or spam or complaint rate that exceeds industry thresholds, MarketVolt is authorized to take remedial actions including, but not limited to:
- administrative opt-out of problematic email addresses;
- list cleansing by MarketVolt at your expense;
- temporary account suspension;
- account termination with, or without, prorated refund of license fee at MarketVolt’s discretion;
- equitable, injunctive or other relief.
Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of our Services. MarketVolt shall not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they are based on negligence. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
To the maximum extent permitted by law, MarketVolt provides the material our Service as is. MarketVolt provides no warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
You agree to indemnify and hold MarketVolt harmless from any losses (including attorney fees) that may result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold MarketVolt harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
If MarketVolt files an action against you claiming that you breached any of these Terms and MarketVolt prevails, MarketVolt is entitled to recover reasonable attorney fees and any damages or other relief that may be awarded.
MarketVolt is not responsible for the behavior of any advertisers, linked websites, or other Members.
You may not assign any of your rights under the Contract, Terms or otherwise to anyone else. We may assign our rights to any other individual or entity at our sole discretion.
Choice of Law
The State of Missouri’s laws will apply to any dispute related to these Terms, the Contract, the Website or the Services. Any dispute will be decided by the state and federal courts in St. Louis, Missouri, and each party will be subject to the jurisdiction and venue of those courts.
No failure or delay in exercising or enforcing right or remedy in the Terms by MarketVolt shall constitute a waiver of any right or remedy or future exercise thereof.
Service Availability and Force Majeure
MarketVolt will occasionally make Services unavailable for short periods to conduct routine maintenance and upgrades. We will provide as much advance notice as reasonably possible (about the timing of planned shutdowns) prior to a temporary shutdown. We are not liable to you or any third party for such shutdowns. Further, MarketVolt strives to maintain the availability of the Services at all times, but we make no representation or promise that the service will always be available.
MarketVolt will not be held liable to you or any third party for delays or failure in performance of any part of the Service, from any cause within or beyond our control. These include, but are not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Your sole and exclusive remedy for any failure or nonperformance of the Services will be for MarketVolt to use commercially reasonable efforts to adjust or repair the Services.
Except as expressly set forth herein, no agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind us in any respect whatsoever.
The provisions of these Terms are intended to be severable. If any provision is found to be unenforceable or void, the remaining provisions are to remain in force and effect as if that provision had been excluded from the Agreement originally.
The headers in this document are provided as visual aids only and are not to be considered legally binding in any way.