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Terms of Use for the Industry Mailout Services

These Terms of Use (the 'Agreement') applies to your use of the Industry Mailout Services ('IMS'), which includes Industry Mailout's services and any related products. This Agreement affects your rights and you should read it carefully.

The words "you" or "your" in this Agreement means any person or entity utilizing the IMS ("IMS Users"). Unless otherwise stated, "Industry Mailout" will refer collectively to Mailout Interactive Inc. and its respective parent or subsidiary companies, affiliates, officers, employees and agents.

By using the IMS as an Email Disburser you represent that you understand and accept the terms and conditions set forth in this Agreement. We may amend this Agreement at any time by posting the amended terms to our site, and any amendment shall be effective and binding upon you 10 days after it is published. If there is any conflict between the terms of this Agreement and your ASP Services Agreement or Your End User Agreement (each an 'Enrollment Agreement'), the terms of the Enrollment Agreements shall govern.

  1. Eligibility. In order to use the IMS, you must enroll with Industry Mailout as an Email Disburser by entering into at least one of the Enrollment Agreements. You agree that you will use the IMS only for lawful personal, business or governmental purposes. You will receive an IMS User ID and be required to establish a password upon enrolling in the IMS. You are responsible for maintaining the confidentiality of your IMS User ID and password and are fully responsible for all actions that are taken under your IMS User ID. You may not divulge your IMS User ID or password information to anyone else, nor may you use anyone else's password. Industry Mailout is not responsible for losses incurred by IMS Users as the result of their misuse of User IDs or passwords.
  2. Registration Information. You agree to provide true, accurate and complete registration information and to maintain and promptly update your information as applicable. You agree not to impersonate any person or company or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, Industry Mailout has the right to terminate your use of the IMS and Industry Mailout, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. You authorize Industry Mailout and its agents, suppliers and subcontractors to make any inquiries they consider necessary to validate your registration.
  3. IMS Use. By using the IMS, you attest that you do not provide unlawful or illicit products or services. You will not use the IMS, the website or any of the services offered therein for any unlawful, fraudulent or improper activity. You agree that except to make send emails using the IMS, you will not use any information about other IMS Users that is provided by the IMS. If Industry Mailout has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions relating to the IMS, the website or any related services, your access to the website and any services contained therein may be suspended or terminated. You will cooperate fully with Industry Mailout to investigate any suspected unlawful, fraudulent or improper activity.
  4. Additional Restrictions. Industry Mailout, at its sole discretion, reserves the right to restrict your use of the IMS in the event that Industry Mailout determines, in its sole discretion, that your use of the IMS is inappropriate. Reasons that Industry Mailout may determine that your use of the IMS is inappropriate include, but are not limited to, the following:
    1. Unconfirmed identity or incorrect registration/enrollment information
    2. You have used the IMS to commit or to facilitate fraudulent activity
    3. You have used the IMS to send spam emails
    4. You have used the IMS in violation of privacy or other laws and regulations
  5. Fees. IMS Users are responsible for paying all fees associated with the use of the IMS under the Enrollment Agreements on or before the due date for such fees.
  6. No Resale of IMS. Your right to access and use the IMS is personal to you and subject to the usage license as provided under the Enrollment Agreement you have entered into. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the IMS, use of the IMS, or access to the IMS to any third party.
  7. Security Issues or Unauthorized Transactions. You should contact us at once if you believe your IMS User ID or password has been compromised.
  8. No Spam. You agree not to use unsolicited email, usenet, message board postings, or similar methods of mass messaging (spam) to communicate with other IMS Users or with any persons who have not consented to receive such communications from You. We reserve the right to immediately terminate the user account of any IMS User who sends unsolicited email. In addition, you may be subject to provincial or state and/or federal penalties and other legal consequences under applicable law if you send unsolicited email. Our Anti-Spam Policy is intended to protect our users, the Internet, and us.
  9. No Hacking. If you use, or attempt to use the IMS for other purposes including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of IMS, your user account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
  10. Correct E-mail. You agree that you have access to the Internet and to a current e-mail address. You have sole responsibility for providing Industry Mailout with a correct and operational e-mail address. Industry Mailout will not be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and an e-mail account. You must promptly notify Industry Mailout of any change in your e-mail or postal mailing address.
  11. Electronic Communications. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your user account and/or your use of the IMS ("Communications"), may be provided to you electronically and you agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the IMS and/or delivered to your e-mail address. You should print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. Industry Mailout reserves the right but assumes no obligation to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying Industry Mailout of your decision to do so, by sending an email message to [email protected] or by telephoning Industry Mailout Support. If you revoke your consent to receive Communications electronically, Industry Mailout may terminate your right to use the IMS.
  12. Privacy. The terms of our Privacy Policy shall govern the collection, use and distribution of information related to you. You agree that you have had an opportunity to review, download or print our Privacy Policy.