Dotfusion Technology/Dotfusion Express- Terms of Use
1. ACCEPTANCE OF TERMS OF USE
These Terms of Use constitute the agreement between you ("you" hereinafter referring to a user, whether an individual, corporate body or partnership) and Dotfusion Technology/Dotfusion Express with respect to your utilization of the Dotfusion Express Service (more fully described below in article 3) offered by Dotfusion Technology/Dotfusion Express and your utilization of the data gathered or transmitted through the Service. You are required to carefully read these terms and conditions governing utilization of the Service (the "Terms of Use"). If, however, you do not agree with the provisions of these Terms of Use, you must not utilize the Service described herein.
2. MODIFICATION OF TERMS OF USE
Dotfusion Technology/Dotfusion Express may, at any time and at its sole discretion, modify these Terms of Use and/or the nature of the products and services offered through the Service by so informing you when you access the Service. Your utilization of the Service subsequent to such notice will confirm your acceptance of the proposed changes. If, at any time, you disagree with a modification to these Terms of Use made pursuant to this article, you may terminate the agreement represented by these Terms of Use by contacting Dotfusion in writing or by E-mail, in which case you may not continue utilizing the Service.
3. UTILIZATION OF THE SERVICE
The Service which Dotfusion Technology/Dotfusion Express provides under these Terms of Use consists in sending email and SMS messages via SCP and allows you to measure the results of those transmissions (the "Service"). Except as otherwise indicated, any new feature or functionality that improves or expands the Service or any related new service will be subject to the terms and conditions of these Terms of Use.
To utilize the Service, you must fully and accurately complete the registration form provided on the Dotfusion Technology/Dotfusion Express site. Dotfusion Technology/Dotfusion Express may use the information supplied on your registration form to contact you. You are responsible at all times for safeguarding the security and confidentiality of your account and password and the files used or registered in your name and for ensuring the accuracy of the information you have supplied. You agree to (i) promptly notify Dotfusion Technology/Dotfusion Express of any unauthorized use of your account and/or password and of any breach in security of the Service and (ii) ensure that you purposely log off the Service at the end of each work session. Dotfusion Technology/Dotfusion Express reserves the right to refuse or cancel any registration application or cancel any account which it deems inappropriate.
The Service involves the distribution of content, which you provide, to email addresses and wireless telephone numbers, which you also provide. You acknowledge that Dotfusion Technology/Dotfusion Express is neither author nor publisher of any content included in your campaign transmitted via the Service. Dotfusion Technology/Dotfusion Express denies and rejects any copyright or other right, and any liability with respect to the content which you have provided.
All messages sent by email via the Service shall contain an Unsubscribe link by which the recipients can remove their names from your mailing list. That link will be automatically inserted by the system which runs the Service. You agree not to seek to bypass this feature in any way whatsoever. You expressly agree not to:
- Send unsolicited or unauthorized messages for commercial or non-commercial purposes.
- Send content or pictures of a pornographic nature or any other type of content which Dotfusion Technology/Dotfusion Express deems to be inappropriate.
- Sell or promote products or services that are unlawful in the area where the messages originate and/or terminate.
- Distribute false or misleading advertising or announcements.
- Harass, threaten, embarrass or harm any individual or entity.
- Transmit content that includes defamatory, inaccurate, obscene, violent or abusive material or content that includes material that is racially or ethically offensive or infringes upon the rights of any third party.
- Download, transmit or reproduce in any way whatsoever any content protected by copyright, without the permission of the copyright owner.
- Attempt to deceive third parties by wrongfully assuming the personal or corporate name of other parties and, more particularly, by claiming to be a Dotfusion Technology/Dotfusion Express employee or associate.
- Transmit any content that includes a computer virus or any other code or program designed to interrupt, destroy or restrict the functionality of any software, hardware or telecommunication tool.
- Disrupt or obstruct the Service or the servers or connected networks of the Service.
- Violate, intentionally or unintentionally, any local, national or international statute or regulation in effect.
You acknowledge and agree that Dotfusion Technology/Dotfusion Express may be led to disclose any user-owned or non-user-owned information in order to comply with the laws in effect or if it deems in good faith that such disclosure is necessary (i) within the context of legal proceedings, (ii) to enforce these Terms of Use, (iii) to respond to complaints alleging the violation of third-party rights, or (iv) to protect the rights and interests of Dotfusion Technology/Dotfusion Express, the users of Dotfusion Technology/Dotfusion Express and the general public.
4. REPORTS
Dotfusion Technology/Dotfusion Express will send you a report of summary results of your campaign, transmitting that report via the email address initially given on the registration form or subsequently updated. A detailed report on the results of your campaign will be available through Dotfusion Express.
5. USER FEES
Service user fees are calculated individually for each campaign on the basis of the number of messages sent.
Where messages are sent by email free of charge, you agree that the Service may automatically add the notice "Courtesy of Dotfusion Technology/Dotfusion Express " or some similar message at the bottom of the page. Dotfusion Technology/Dotfusion Express further reserves the right to include a hyperlink enabling the recipients to obtain information about Dotfusion Technology/Dotfusion Express and its main products and services.
No credit will be given for "undelivered" or "Unsubscribe" email messages. When an Unsubscribe request is received from a recipient, Dotfusion Technology/Dotfusion Express will flag that recipient on the mailing list and make certain that no further messages are sent to that recipient, except if it subsequently receives a notice to the contrary from the recipient.
6. PROPERTY RIGHTS
You acknowledge that the name, logo, design, slogan and all products or services tied to Dotfusion Technology/Dotfusion Express (called collectively the "Brands") and the Service are the property of Dotfusion Technology/Dotfusion Express. You are in no way authorized to utilize the Brands in any advertising or other commercial activity without the prior written consent of Dotfusion Technology/Dotfusion Express. Your utilization of the Service does not grant you any ownership of the Service or the Brands. Subject to your rights respecting content, all intellectual property rights and other property rights remain the rights of Dotfusion Technology/Dotfusion Express. You acknowledge and understand that, except as regards utilization of the Service during the term of these Terms of Use by means of a standard browser such as Microsoft Internet Explorer or Netscape Navigator in the manner described in the documentation, the terms and conditions of these Terms of Use grant no right to utilize, reproduce, modify, duplicate or distribute the Service or any content under copyright.
7. INDEMNIFICATION
At the request of Dotfusion Technology/Dotfusion Express, you agree to save Dotfusion Technology/Dotfusion Express and its directors and employees free and harmless from, and indemnify them for, any claim arising from your utilization of the Service or any breach of the terms and conditions of these Terms of Use, including, without limitation, any claim alleging infringement of copyright, patent or technological secret or alleging defamation, slander, harassment, invasion of privacy or fraud.
8. ABSENCE OF WARRANTIES
You acknowledge and expressly agree to the following:
Your utilization of the Service is at your risk and peril. The Service is provided to you "as is" and is accessible as available. Dotfusion Technology/Dotfusion Express provides no explicit or implicit warranty, this including but not being limited to any warranties of quality or compatibility of the Service for a particular use.
Dotfusion Technology/Dotfusion Express does not warrant that (i) the Service will fully meet your expectations, (ii) the Service will be uninterrupted, timely, reliable or error-free, (iii) the potential results through utilization of the Service will be exact and reliable, or (iv) the flaws in the software, if any, will be corrected.
There is no warranty or arrangement with respect to peaceable title, possession or enjoyment or non-tampering relative to the Service. The entire risk of utilizing the Service rests solely with the end user.
No advice or information, whether verbal or written, which you obtain from Dotfusion Technology/Dotfusion Express or during utilization of the Service is apt to create warranties that are not explicitly set out in these Terms of Use.
9. LIMITED LIABILITY
You acknowledge and agree that, to the extent allowed by law, Dotfusion Technology/Dotfusion Express may not be held liable for any direct or indirect damages, including loss of earnings, clientele, data or any other loss of tangible or intangible assets (even if Dotfusion Technology/Dotfusion Express has been informed that such damage could occur) that may arise from the utilization or, on the contrary, from the impossibility of utilizing the Service or subsequent to unauthorized third-party access to your account.
Your sole recourse in the event of operating problems with the Service is the assurance that Dotfusion Technology/Dotfusion Express will make reasonable efforts to adjust or restore the Service as soon as possible.
10. TERM
These Terms of Use may be cancelled by Dotfusion Technology/Dotfusion Express at any time, with or without prior notice, or by you upon prior written notice of five (5) days. Cancellation of these Terms of Use by either party will affect neither your obligation to pay the expenses incurred for campaigns already launched nor the application of these Terms of Use to the period preceding such cancellation.
11. OTHER
These Terms of Use represent the entire agreement between you and Dotfusion Technology/Dotfusion Express. They govern your utilization of the Service and replace any other agreement into which you and Dotfusion Technology/Dotfusion Express may have previously entered. You may furthermore be subject to additional conditions upon utilizing certain associated services, third-party contents and third-party software. These Terms of Use and the relationship between you and Dotfusion Technology/Dotfusion Express will be governed by the laws in effect in the Province of Quebec (Canada). You agree to the jurisdiction of the courts located in the judicial district of Montreal, Quebec (Canada) with respect to claims resulting from or relating to the Terms of Use. The failure of Dotfusion Technology/Dotfusion Express to exercise its rights as recognized hereunder does not signify a waiver of those rights. In the event that any provision of these Terms of Use is voided through the decision of a court or tribunal having jurisdiction, the other provisions will remain valid and will continue to apply between the parties.