epostie Terms and Conditions of Use
The following Terms of Use outline your obligations when using the epostie Site and Services. You should also review our Privacy Policy, which outlines our obligations and practices towards handling any personal information that you may provide to us, or that has been provided to us by other people.
Your Acceptance of this Policy
By visiting this Site, or receiving Services from epostie, you signify your assent to our then-current Terms and Conditions of use. If you do not agree to this policy, please do not use our Site or Services. We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time. We will endevour to make changes evident, but you should check this page from time to time. Your continued use of our Site following the posting of changes to these terms means you accept these changes.
The Site available at www.epostie.com, and all linked pages under the same epostie.com domain, are owned and operated by Netagi Pty. Ltd., a Melbourne, Australian based company, and is accessed by you under the Terms and Conditions of use as described below.
Description of Service
epostie is a Site designed to help make it possible for small businesses to market their online presence via e-mail. We can provide the facility for Account holders to maintain subscription lists, monitor e-mail bounce backs and unsubscribes (opt-out's), amongst other features, quickly and affordably.
Bugs
Like almost all software, this one most likely contains a few glitches here and there. We do our best to ensure they are non-existent, but if you think you've found one let us know.
Your Registration Obligations
As a condition of using the Services, you are required to register with epostie by providing an e-mail address to uniquely identify you when you return to the site. You shall provide epostie with accurate, complete and updated registered information. You may not select or use an e-mail address that does not belong to you, that is currently being used by another epostie Account holder, use an e-mail address that is otherwise offensive, vulgar or obscene.
epostie reserves the right to refuse registration of, or cancel an epostie Account, in its discretion. You shall be responsible for maintaining the confidentiality of your epostie password.
Services are only available to individuals who are at least 21 years of age, whether acting on their own behalf or as an authorised employee, representitive or legal guardian of another person, corporation or business entity.
User Conduct
As a condition of use, you promise to not use the Services for any purpose that is unlawful or prohibited by the Terms and Conditions of Use, or any other prupose not reasonably intended by epostie.
By way of example, and not as a limitation, you agree not to use the Services:
- to abuse, harass, threaten, impersonate or intimidate
- to create or transmit, or cause to be created or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
- for any illegal or unauthorised purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content as well as full compliance with Australian law;
- to create or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, confidential or private information
- to violate any laws in your jurisdiction (including copyright laws)
- to create or transmit marketing schemes or material that could be classified as SPAM, at our discretion;
- you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
- you will not take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure
- you will not interfere or attempt to intefere with the proper working of the Site or activities conducted on the Site;
- you will not bypass any measures we may use to prevent or restrict access to the Site
- to advertise, solicit, products or services
- attempt to impersonate another Account holder, corporation, business entity or person
- sell or otherwise transfer your profile
Termination and Removal
epostie may remove any Content or Account at any time for any reason or for no reason at all. This may include upon receipt of claims or allegations from third parties or authorities relating to such Content. Upon termination and/or removal of Content or Account, your rights to that Content or Account immediately cease.
To report Terms and Conditions of Use abuse, please use the feedback form.
Content
By creating, submitting, transmitting or otherwise disclosing or distributing Content using epostie, you represent and warrant that you own all rights in the Content and you agree that Content will be subject to the Creative Commons Public Domain License, available at http://creativecommons.org/licenses/publicdomain/.
Copyright Complaints
epostie respects the intellectual property of others. To report copyright or other intellectual property infringement please use the the feedback form.
Please note, that we will investigate as promptly as possible, cases that are brought to our attention of copyright or intellectual property infringement that is associated with epostie. You will agree that if you materially misrepresent, or make false claim about such practices, that you may be liable for damages (including attorneys' fees and costs) at our discretion.
Privacy Policy
epostie's current privacy policy is available at www.epostie.com/privacy.php which is incorporated by this reference.
Indemnity
You will indemnify and hold harmless epostie, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including attorneys' fees and cost) from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms and Conditions of Use by you, or the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity.
You acknowledge that epostie has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release epostie from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. epostie makes no representations concerning any content contained in or accessed through the Site or Services, and epostie will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in, transmitted by, or accessed through the Site or the Services.
THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EPOSTIE OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.
Miscellanious
We're just trying to provide a good service. Don't abuse it.
TRADEMARKS
epostie, and other epostie graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of epostie in Australia and/or other countries. epostie's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
