Pepipost(“Us,” or “We”) is committed to protecting the privacy of the users of the website https://www.pepipost.com (the “Site”) and the services offered through the Site, including by way of example the email and other communications sent through those services (the “Services”).
Please see the Notification of Changes section below for information regarding changes to this Policy. If you have questions or concerns regarding this Policy, you should contact Pepipost by e-mail at email@example.com.
Pepipost collects information directly from the users of our Site and Services. Pepipost also receives information regarding users from our customers and from other third parties. We will not sell, share, transfer, or use the information we collect from users or receive from our customers or other third parties regarding users other than as stated in this Policy.
In addition, we will not sell, share, transfer, or use the information we receive from our customers or from other third parties regarding users except in accordance with the directions of those customers and other third parties.
Certain of the web sites of Pepipost’s customers, advertisers or affiliates and other third-parties may be accessible through the Site or through email or other communications sent through the Services. You may be asked to provide personally identifiable information (or other information) to these customers or other third parties through these web sites or through the communications sent to you through the Services, including by way of example when you click on a link on the Site to one of these other web sites or on a link in an email or other communication sent through the Services. These customers and third parties maintain their own privacy and data collection policies and practices. This Policy covers only information collected through the Site and Services and does not extend to our customers or any third parties. PEPIPOST IS NOT RESPONSIBLE FOR THE POLICIES OR PRACTICES OF OUR CUSTOMERS OR ANY THIRD PARTIES. YOU SHOULD REVIEW THE APPLICABLE PRIVACY POLICIES OF OUR CUSTOMERS AND ANY THIRD PARTIES BEFORE PROVIDING THEM WITH ANY PERSONALLY IDENTIFIABLE INFORMATION.
We only collect and use personally identifiable information regarding users of the Site or Services as described in this Policy. In addition, we do not process or use personally identifiable information that we collect or that is received from our customers or from other third parties in a way that is incompatible with the purposes for which it was collected or received or subsequently authorized by you. Except as noted in this Policy, personally identifiable information collected by Pepipost on the Site or through the Services is NOT shared with third parties without your consent.
We may automatically collect personally identifiable information from you when you access the Site or use or access the Services. We may also collect personally identifiable information from you through a number of voluntary sources on the Site or through the Services, including through emails or other communications sent through the Services. For example, these sources may include responses, registrations, surveys, reviews, comments, confirmations, emails, postings, messages, telephone calls, written correspondence or other electronic submissions and communications sent by you to the Site or through the Services. The personally identifiable information we may collect from you will include, by way of example:
Domain name and Internet Protocol (IP) address;
Contact information (including, name, address, zip code, country, and phone number);
Financial information, such as account or credit card numbers;
User-specific and aggregate information on areas of the Site accessed and the Services used;
Username and password information for the Site or Services; and
Other information you volunteer to the Site, through the Services or through other means of communication, such as responses, registrations, surveys, reviews, comments, confirmations, emails, postings, messages, telephone calls, written correspondence or other electronic submissions and communications sent by you to the Site or through the Services.
YOU SHOULD NOT PROVIDE PEPIPOST WITH ANY PERSONALLY IDENTIFIABLE INFORMATION (OR SUBMIT OR POST ANY PERSONALLY IDENTIFIABLE INFORMATION TO THE SITE OR IN RESPONSE TO ANY EMAIL OR OTHER COMMUNICATION) UNLESS YOU WOULD LIKE THAT INFORMATION TO BE USED IN ACCORDANCE WITH THIS POLICY.
If you register for the Site or Services through a third-party, the personally identifiable information you have provided in connection with your registration may be imported into your account on for the Services. The personally identifiable information we may collect from you will also include any information imported from any such third-party.
The personally identifiable information that Pepipost collects from users of the Site or Services (both registered and unregistered) may be used for a variety of purposes, including by way of example:
Providing the Services;
Customizing advertising or other content displayed on the Site or through the Services;
Customizing the layout of the Site or Services;
Notifying users of the Site or Services about updates to and activities on the Site or Services and about goods and services that we feel may be of interest to you;
Improving the content of the Site or Services;
Analyzing data and patterns regarding usage of the Site or Services;
Contacting users of the Site or Services for marketing purposes; and
Contacting users of the Site or Services for information verification purposes.
We may also share certain personally identifiable information we collect through the Site or Services with third party companies so that they may offer products and services to users of our Site or Services that we believe will be of interest to those users. We may also share certain personally identifiable information with third party advertisement serving companies to better target the advertising and other content displayed on the Site or Services and provide pertinent offers we think may be of interest to our users. You may opt-out of disclosure of your information to third parties for direct marketing purposes. Please see the Choice and Opt-out section below. In addition, third party advertisers may receive certain personally identifiable information about you if you click on advertisements displayed on the Site or through the Services. Clicking on any advertisement displayed on the Site or through the Services will be considered your consent to “opt in” for this transfer.
Where possible, our server automatically recognizes and collects certain non-personally identifiable information regarding visitors to the Site and users of the Services, including by way of example, IP address, browser type, and other information regarding the system and connection of each visitor or user. We also collect information about how visitors access and use the Site and Services, including by way of example what pages of the Site are viewed and what portions of services are used. When providing the Services, we collect information regarding the performance of the Services, which includes metrics related to the deliverability of emails and other electronic communications. This information allows us to improve the content of the Site and Services, facilitate research and analysis of the Site and Services, and develop and refine our Services. Sometimes, we utilize the services of a third party to help us understand this information better, although the information that is disclosed to these entities remains at all times in anonymous and non-personally identifiable form. We may also provide this information to our customers in anonymous and non-personally identifiable form.
The Site and Services are not directed to children under 13 years of age. Pepipost does not knowingly solicit or collect personal information from children under 13 years of age.
Pepipost does not knowingly solicit or collect, and you should not provide, any information regarding your medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs or other sensitive information.
We may combine and enhance the information we collect from our users with third party data and information to better target our advertising and provide pertinent offers in which we think our users would be interested. Certain summary demographics are also used in our research product offerings. Individual personally identifiable information we collect is never used in our research product offering and is never tied back to an individual user or resold for any purposes.
On occasion it is necessary to send out service related announcements. For instance, if the Site or any of the Services is temporarily suspended for maintenance we might send users an email. We also communicate with users to provide customer service in accordance with our Terms of Service. Generally, users may not opt-out of these communications without also deactivating their account and ceasing use of the Services. These communications are not promotional in nature.
We may send new registrants of the Site or Services a welcoming email to verify password and username. Established members may occasionally also receive information on products, services and special deals, and periodic newsletters. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see the Choice and Opt-out section.
We provide you with a choice whether to receive certain emails and other communications through the Site and Services.
We provide you the opportunity to ‘opt-out’ of having your personally identifiable information used for certain purposes. If you are a user of the Site or Services and you no longer wish to receive emails or other communications from us or have your email address or other contact information shared with third parties, you may opt-out of receiving email or other communications from us or having your email address or other contact information shared with third parties. Some communications (e.g. important account notifications and billing information) are considered transactional and are necessary for all Pepipost customers. Customers must cancel your Pepipost account to unsubscribe you from these communications.
In addition, if you would prefer that we not share your personally identifiable information with third parties for the third parties’ direct marketing purposes, you may opt-out of having your personally identifiable information shared with third parties for the third parties’ direct marketing purposes.
All opt-out requests can be made by emailing us at: firstname.lastname@example.org. Please note that it may take up to 10 days to remove your contact information from our marketing communications lists, so you may receive correspondence from us for a short time after you make your request.
Saving user preferences;
Customizing content of the Site for individual users;
Ensuring that users are not repeatedly sent the same banner ads;
Recording session information;
A cookie does not collect or keep your name or other personally identifying information; however, we may link the information obtained through cookies to other personally identifiable information to give us a better understanding of your preferences, so that we can provide a more meaningful experience to you on our Site and through our Services.
“Web beacons” (also known as “single-pixel” or “clear” GIFs) include electronic images imbedded in the Site or in communications sent through the Services which are invisible to users. Web beacons collect information, such as identifiers, time and date of access, and descriptions of the pages or communications in which the web beacons are imbedded. The Site and communications sent through the Services may include web beacons. We may use the web beacons on the Site and in communications sent through the Services for various purposes, including by way of example to track users who have visited our Site, viewed advertisements on the Site or in communications sent through the Services, or otherwise accessed communications sent through the Services.
Most browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You may also be able to refuse certain web beacons by adjusting the settings on your browser or email software. Please refer to your browser or email software instructions or help screen to learn more about these functions.
Pepipost takes reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete and current. The users of the Site or Services should email us at email@example.com to review, delete, deactivate, update or change any personal information that was previously provided to or collected by Pepipost.
In addition to the specific third parties noted in this Policy, Pepipost may also contract with Agents to provide various services to Pepipost relating to the Site or Services on an outsourced basis rather than performing the services itself (as used here, “Agents” are persons on companies who act on behalf of or under the direction of Pepipost). For example, Pepipost may contract with a web site hosting provider to host all or a portion of the Site or Services for Pepipost.
By visiting the Site or using the Services, all visitors consent to Pepipost providing both personal and non-personal information received from those visitors to these Agents for the purpose of enabling the third party provider to provide these outsourced services to Pepipost. In addition, all visitors consent to the collection, maintenance, and processing of their personal and non-personal information by Pepipost and these Agents.
We will either notify users of any changes to this Policy. Notification will be made by way of an e-mail or by posting of the changes on the Site . Changes to this Policy will be effective 30 days following notice. Your continued use of the Site or Services after any change has become effective will constitute your acceptance of that change.
Unless we seek and receive consent from a user, we will use information we collect from users in accordance with the version of the Policy effective when the information was last collected. Users may contact us regarding any change to this Policy, including to prevent their information from being used pursuant to any change to this Policy, by emailing us at firstname.lastname@example.org.
We will use at least industry standard security measures on the Site to protect the loss, misuse and alteration of the information under our control. While there is no such thing as “perfect security” on the Internet, we will take all reasonable steps to insure the safety of your personal information. For example, our policy is that only those individuals who need your personally identifiable information to perform a specific job are granted access to that personally identifiable information. Likewise, all employees and contractors are kept up-to-date on our security and privacy practices. Finally, the servers that we store personally identifiable information on are kept in a secure environment.
Pepipost utilizes a self-assessment approach to ensure its compliance with this Policy. We regularly verify that this Policy is accurate, comprehensive, prominently displayed, completely implemented and conduct our self-assessment on an annual basis. We appropriately train our employees and have internal procedures for conducting objective compliance reviews.
Pepipost encourages individuals covered by this Policy to raise any concerns about our processing of personally information by contacting Pepipost as set forth below. Pepipost will seek to resolve any concerns.
All inquiries concerning this Policy and the Site or Services in general may be sent to email@example.com.
If Pepipost elects, in its reasonable discretion, to transfer ownership or control of the Site or Services to a third party, whether or not in the context of an acquisition, merger, or reorganization, you consent to the transfer of your personally identifiable information and non-personally identifiable information by Pepipost to that third party, provided that all use of your information by that third party remains subject to the terms of this Policy.
Thank you for visiting the Site and using the Services.
These TERMS OF SERVICE (this “Agreement”) is made between Pepipost and you, or, if you represent an entity or other organization, that entity or organization (in either case “You”).
Pepipost provides certain services relating to the development, transmission, analysis, and management of email messages (the “Services”) through the web site located at www.pepipost.com and such other sites as may be designated by Pepipost (each, the “Site” or collectively, the “Sites”).
All access to and use of the Services available through the Site is subject to the terms of this Agreement. If You wish to access and use the publicly available portions of the Services and the Site, You may do so only in compliance with the terms of this Agreement. If You have placed or later place an order (whether through the Site, by email, phone or otherwise) with Pepipost (Your “Order”) seeking to access and use certain of the Services requiring registration, Pepipost is willing to accept Your Order and provide You with access to and use of those Services only if You comply with the terms and conditions of this Agreement.
Without limiting the foregoing, the Services are not available to individuals under the age of 18 or who do not meet any of the other qualifications included in this agreement.
PLEASE CAREFULLY READ THIS AGREEMENT. BY SUBMITTING AN ORDER OR BY ACCESSING OR USING THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THIS AGREEMENT, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT, PEPIPOST IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE SITE OR SERVICES AND YOU MUST NOT ACCESS OR USE THE SITE OR SERVICES. IF YOU ACCESS OR USE THE SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT.
This Agreement is entered into as of the earlier of the date You first submit an Order relating to the Services or first access or use the Services or a Site (the “Effective Date”). This Agreement consists of the following terms and conditions and each Order submitted by You and accepted by Pepipost, each of which is incorporated in and made a part of this Agreement. Unless otherwise amended as provided herein, this Agreement will exclusively govern Your access to and use of the Services and the Sites and is the complete and exclusive understanding and agreement between the parties, and supersedes any oral or written proposal, agreement or other communication between the parties, regarding Your access to and use of the Services and the Sites. Except as expressly set forth in this Agreement, this Agreement may be amended or modified only by a writing signed by both parties. All waivers under this Agreement must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Pepipost reserves the right, at any time, to change or modify the Site, Services or this Agreement, by making such change or modification available on the Site or by providing other notice to You. Any such change or modification will be effective 30 days after posting on the Site or such other notice. As applicable, You will be deemed to have agreed to such change or modification through Your continued use of the Site or Services.
Definitions. Terms used in this Agreement will have the definitions given in this Agreement or, if not defined in this Agreement, will have their plain English meaning as commonly interpreted in the United States.
Orders and Confirmation. All Orders placed by You will be governed by the terms of this Agreement. Pepipost will confirm Your Order either through the Site at the time you submit Your Order or by providing You with access to the Services (each, a “Confirmation”). If the terms of any Order conflict with the terms of any Confirmation of that Order, the terms of the Confirmation will govern and control with respect to the Services provided to You. This Agreement will govern and control the terms of each Order and Confirmation under this Agreement. By accessing or using any of the Services, You agree to be bound by the terms of this Agreement and each applicable Order and Confirmation with respect to those Services.
Term. This Agreement will be effective upon the Effective Date. If You have ordered a trial subscription to the Services or a subscription to any free Services, as indicated in an applicable Order or Confirmation (a “Trial/Free Subscription”), then the term of this Agreement will continue for the period of the Trial/Free Subscription indicated in the applicable Order or Confirmation and will thereafter expire unless You place an Order for a non-trial subscription to the Services prior to the completion thereof. If You have ordered a non-trial subscription to the Services, then the term of this Agreement will continue for the initial period stated in the applicable Order or Confirmation for the Services and will thereafter automatically renew for successive additional periods of equal duration. If no initial period is stated in the applicable Order or Confirmation for the Services, this Agreement will continue for an initial period of 1 month and will thereafter automatically renew for successive additional 1-month periods. Unless terminated as set forth herein, the term of this Agreement will continue to renew until You notify Pepipost that You do not wish to renew the Agreement at least 10 days prior to the end of the then-current period. In all other cases, the term of this Agreement will continue until terminated as set forth herein.
Subscription. Subject to this Agreement, during the term of this Agreement Pepipost will provide You with a limited subscription to access and use the Services subject to Confirmations under this Agreement, solely for Your own use in connection with your own business purposes. Your rights to access and use the Services are personal, non-exclusive, non-transferable and non-sublicensable. You understand that Pepipost may from time to time, in its sole discretion, update, change, revise, suspend or discontinue the Services (or any portion thereof) with or without notice.
Access to the Services. Upon Confirmation of Your Order by Pepipost, the rights granted to You under this Agreement entitle You to access the Services through accounts (each, an “Account”). You will be provided with a user identification and password applicable to each Account You have purchased (each such user identification and password, an “Account ID”). Each Account ID is personal in nature and may be used only by You or, if You are an organization, by designated employees within Your organization or contractors who are contractually required to comply with the terms of this Agreement (such individual, as applicable, the “User” of the Account). You are solely responsible for all use of the Services by each User and for compliance by each User with the applicable terms of this Agreement. You will ensure the security and confidentiality of each Account ID and will notify Pepipost immediately if any Account ID is lost, stolen or otherwise compromised. You acknowledge that You are fully responsible for all costs, fees, liabilities or damages incurred through use of each Account ID (whether lawful or unlawful) and that any Services ordered or transactions completed through any Account or under any Account ID will be deemed to have been lawfully completed by You. In no event will Pepipost be liable for the foregoing obligations or the failure by You to fulfill such obligations. You will be solely responsible, at Your own expense, for acquiring, installing and maintaining all hardware, software and other equipment as may be necessary for You and each User to connect to, access, and use the Services and the Sites.
Software. Any software or code available on or for download through the Site or Services (“Software”) is protected by IPR (as defined below). Unless otherwise expressly stated in a license or other agreement separate from this Agreement that You may have entered into (or may enter into) with Pepipost relating to any Software (each such license or other agreement, a “Software License Agreement”), Pepipost grants you a limited, non-exclusive right and license to download, install and execute the Software in accordance with the instructions provided on the Site and solely for your own business purposes in connection with Your access to and use of the Services. Except as expressly set forth in the foregoing sentence (or any applicable Software License Agreement), You are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to any Software or any IPR therein or related thereto, and You may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Software without the prior written permission of Pepipost. Except as set forth in this Agreement, any Software License Agreement will control in the event of a conflict between the terms of this Agreement and that Software License Agreement.
Third-Party Services. The Services may include services developed, provided or maintained by third-party service providers (“Third Party Services”). In addition to the terms of this Agreement, Your access to and use of any Third Party Services is also subject to any other agreement separate from this Agreement that You may enter into (or may have entered into) relating to those Third Party Services (each, a “Third Party Service Agreement”). The terms of any Third Party Service Agreement will apply to the applicable Third Party Services provided under that Third Party Service Agreement in addition to the terms of this Agreement. Except as set forth in this Agreement, the terms of any Third Party Service Agreement will control in the event of a conflict between the terms of this Agreement and that Third Party Service Agreement. All other Third Party Services will be subject to the terms of this Agreement. Third Party Services may be subject to additional Fees as set forth on the Site. Notwithstanding the terms of any Third Party Services Agreement, Pepipost may change, modify or discontinue any Third Party Service at any time and without notice to You. Except as expressly set forth in this Agreement or any Third Party Service Agreement, You are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to any Third Party Services.
Restrictions. You acknowledge that the Services, Sites, Software, and the databases, software, hardware and other technology used by or on behalf of Pepipost to provide the Services and operate the Sites (the “Technology”) and their structure, organization, and underlying data, information and source code constitute valuable trade secrets of Pepipost. You will not, and will not permit any third party to: (1) access or use the Services or the Sites, in whole or in part, except as expressly provided in this Agreement; (2) use the Site, Services or any Software to harvest or collect e-mail addresses or other contact information of third parties by any means for the purposes of sending unsolicited e-mails or other unsolicited communications; (3) use the Site, Services or any Software in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site or Services; (4) use automated scripts to collect information from or otherwise interact with the Site, Services or any Software; (5) use the Site, Services or any Software to intimidate or harass any other people or entities; alter, modify, reproduce, create derivative works of the Services, Technology, or any Software; (6) distribute, sell, resell, lend, loan, lease, license, sub-license or transfer any of Your rights to access or use the Services or any Software, including, without limitation, providing outsourcing, service bureau, hosting, application service provider or on-line services to third parties, or otherwise make the Services or any Software, or access thereto, available to any third party; (7) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of or any trade secrets embodied in the Site, Services, Technology or any Software; (8) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Sites, Services, Technology, or any Software; or (9) interfere in any manner with the operation or hosting of the Sites, Services, Technology or any Software, or attempt to gain unauthorized access to the Sites, Services, Technology or any Software. You will not allow any access to or use of the Services by anyone other than Your authorized Users, and any such use will be consistent with the terms, conditions and restrictions set forth in this Agreement.
Fees and Payment. You agree to pay Pepipost all fees set forth in each Order or Confirmation and any fees otherwise specified on the Site or through the Services (“Fees”). All Fees will be billed as indicated in each Order or Confirmation. If the applicable Order or Confirmation does not specify any applicable billing terms, the initial payment of Fees specified under that Order or Confirmation for each period in Your subscription will be due and payable by You in advance on or before the Effective Date and again on or before the completion of each subsequent period under this Agreement. If You have specified credit card or direct withdrawal from a bank account as an applicable payment mechanism under this Agreement, You grant Pepipost the right to charge the credit card or debit the bank account provided to Pepipost for all Fees incurred under this Agreement. All Fees will be non-refundable once paid to Pepipost (including upon any termination or suspension of this Agreement). Until paid in full, all past due amounts will bear an additional charge of the lesser of 1.5% per month or the maximum amount permitted under applicable law. Pepipost may change any portion of the Fees by posting the changes to the Sites or otherwise notifying You through the Services of the change, such changes to take effect at the beginning of the next period of this Agreement. If Pepipost requires use of collection agencies, attorneys, or courts of law for collection on Your account, You will be responsible for those expenses. You will be responsible for all use, sales, and other taxes imposed on the Services provided under this Agreement.
Termination and Suspension. This Agreement may be terminated by Pepipost, at any time, in Pepipost’s sole discretion: (1) upon any breach by You of this Agreement that remains uncured ten (10) days after Pepipost delivers written notice to You of such breach; or (2) at any time during any Trial/Free Subscription, for any reason or no reason, upon notice to You. Without limiting Pepipost’s right to terminate this Agreement, Pepipost may also immediately and indefinitely suspend Your access to the Sites or Services, with or without notice to You, upon any actual, threatened or suspected breach of this Agreement or of applicable law or upon any other conduct deemed inappropriate or detrimental to the Services by Pepipost. Upon termination or expiration of this Agreement for any reason: (a) all rights and subscriptions granted to You under this Agreement will terminate; (b) You will immediately cease all use of and access to the Sites and Services; © all Fees then owed by You will become immediately due and payable; (d) You will immediately either return to Pepipost or, at Pepipost’s discretion, destroy the Pepipost Content, Account IDs, Pepipost Confidential Information, and other information related to this Agreement in Your possession or control; and (e) Pepipost may delete any of Your Content held by Pepipost within 10 days after the date of termination. Sections 6 (Applicable Policies), 9 (Restrictions), 10 (Fees and Payment), 11 (Termination and Suspension), 12 (Ownership), 14.3 (Warranties and Disclaimer: Disclaimer), 15.2 (Indemnity: By You), 16 (Limitation on Liability), 17 (Data Privacy), 18 (Confidentiality), 21 (Disputes), 22 (Governing Law) and 23 (General) will survive any expiration or termination of this Agreement.
Ownership. Pepipost retains all right, title and interest, including, without limitation, all IPR (as defined below), in and to the Sites, Services, Technology, Pepipost Content (as defined below), any Software, and any additions, improvements, updates, and modifications thereto. You acknowledge that You are not receiving any ownership interest in or to any of the foregoing, and no right or license is granted to You to use them apart from Your right to access the Services under this Agreement. The Pepipost name, logo and the product and service names associated with the Services are trademarks of Pepipost (or its third party providers), and no right or license is granted to You to use them. For purposes of this Agreement, “IPR” means any and all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights.
Pepipost Content. You with access to certain data, information and other content through the Site and Services (“Pepipost Content”). Unless otherwise noted on the Site, as between You and Pepipost, all Pepipost Content is owned by Pepipost. Subject to this Agreement, each User may: (a) access the Pepipost Content (without modification) solely for Your own business purposes in connection with Your use of the Services; and (b) distribute the Pepipost Content (without modification) as incorporated into emails generated and sent by You through the Services. Except as expressly provided in this Agreement, You will not, and will not permit any User to: (i) alter, modify, reproduce, or create derivative works of the Pepipost Content; (ii) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer the Pepipost Content, including, without limitation, providing outsourcing, service bureau, commercial hosting, application service provider or on-line services to third parties; or (iii) alter, obscure or remove any copyright, trademark or any other notices that are provided on or in connection with the Pepipost Content. Certain of the Pepipost Content includes or is based on data, information and content from independent third party providers (“Third Party Content”). Pepipost uses commercially reasonable measures to ensure that the Third Party Content is reliable, but Pepipost has no independent basis to verify or contradict the accuracy or completeness of the Third Party Content and will not be responsible for any erroneous Third Party Content provided through the Services.
Warranties and Disclaimer.
By Pepipost. Except in the case of any Services provided during a Trial/Free Subscription, Pepipost represents and warrants to You that Pepipost will use commercially reasonable efforts to maintain and verify that the Services operate in accordance with this Agreement. Pepipost’s sole obligation and Your sole and exclusive remedy in the event of any failure by Pepipost to comply with the foregoing sentence will be for Pepipost to, at Pepipost’s option, re-perform the affected Services or refund to You the fees You have actually paid for the affected Services during the month in which the failure occurred. Notwithstanding the foregoing, You remain solely and entirely responsible for Your compliance with, and will defend, indemnify and hold harmless Pepipost from and against any claims arising from any actual or alleged violation by You of any international, federal, state or local treaties, laws, rules, regulations or ordinances regarding Your use of or access to the Site or Services or regarding your business, products or services, including, without limitation, regarding data and data privacy and the transmission of electronic mail messages, whether solicited or unsolicited.
By You. You hereby represent, warrant, and covenant for the benefit of Pepipost that: (1) You have the legal right and authority to enter into this Agreement, and, if You are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (2) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement You enter into in connection with any of the Services; and (3) Your Content, and any other data, information or content You provide to Pepipost in connection with this Agreement and Your access to the Site and use of the Services, is correct and current.
Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 14, THE SITES AND SERVICES (AND ALL Pepipost CONTENT PROVIDED THROUGH THE SITES AND SERVICES) ARE PROVIDED TO YOU STRICTLY “AS IS” AND “AS AVAILABLE” AND Pepipost AND ITS PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO ANY SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Pepipost, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION 14.
By Pepipost. Except in the case of any Services provided during a Trial/Free Subscription, Pepipost will, at its expense, defend You against any claims brought against You by a third party that Your use of the Services in accordance with this Agreement infringes any copyright, trade secret or trademark right. The foregoing obligations of Pepipost under this Section 15 are conditioned upon You providing Pepipost with: (a) notice of any such claim within 10 days after You receive written notice thereof; (b) sole control over the defense and settlement of such claim; and © reasonable assistance (at Pepipost’s expense) in the defense and settlement of such claim. If You are, or Pepipost reasonably believes You may be, enjoined from using the Services, Pepipost, at Pepipost’s option and expense, may procure the right for You to continue using the Services, replace or modify the Services so that they become non-infringing, or provide You a refund of all pre-paid amounts applicable to such Services (if any) and terminate this Agreement with respect to such Services. This Section 15.1 constitutes Pepipost’s sole and exclusive liability, and Your sole and exclusive remedy, for any infringement or misappropriation of any third party IPR by or through the Site, Services, Technology, Pepipost Content or any Software.
By You. You hereby indemnify, defend, and hold harmless Pepipost and its affiliates, employees, agents, contractors, assigns, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising from Your accessing or using the Site, Services, Software, Your Content, Pepipost Content, any email or other communication generated or sent through the Services, or any breach of this Agreement. Pepipost will provide You with notice of any such claim or allegation, and Pepipost will have the right to participate in the defense of any such claim at its expense.
Limitation on Liability. IN NO EVENT WILL PEPIPOST BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN ANY WAY IN CONNECTION WITH OR OUT OF THE USE OF THE SITES, SERVICES (OR ANY PEPIPOST CONTENT PROVIDED THROUGH THE SITES OR SERVICES), EVEN IF PEPIPOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OPPORTUNITY, REVENUES OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. PEPIPOST’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND ALL SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE FEES PAID TO PEPIPOST HEREUNDER IN THE 1 MONTH PRECEDING ANY SUCH INITIAL OCCURRENCE OF LIABILITY (OR, IF NO SUCH FEES HAVE BEEN PAID, $10). YOU AGREE THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND ACKNOWLEDGE THAT PEPIPOST WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, PEPIPOST’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Claims of Infringement. Just as Pepipost requires users of the Site to respect the copyrights and other intellectual property rights of Pepipost, its affiliates, and other third parties, Pepipost respects the copyrights and other intellectual property rights of Users of the Site and other third parties. If You believe in good faith that Your copyrighted work has been reproduced on the Site without authorization in a way that constitutes copyright infringement, You may notify our designated copyright agent by email to firstname.lastname@example.org.
Please provide the following information to Pepipost’s Copyright Agent: The identity of the infringed work, and of the allegedly infringing work;
Your name, address, daytime phone number, and email address, if available;
A statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law;
A statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner; and
Your electronic or physical signature.
Linked Sites. The Site and communications sent through the Services may contain links to third-party sites that are not under the control of Pepipost, and Pepipost is not responsible for any content on any linked site. If you access a third-party site from the Site or from a communication sent through the Services, then you do so at your own risk. Pepipost provides links only as a convenience, and the inclusion of the link does not imply that Pepipost endorses or accepts any responsibility for the content on those third-party sites. Pepipost welcomes links to the Site. You may establish a link to this Site, provided that the link does not state or imply any sponsorship or endorsement of Your site by Pepipost or any group or individual affiliated with Pepipost. You may not use on your site any Content or Marks appearing on the Site in establishing the link. You may not frame or otherwise incorporate into another site the Content or other materials on the Site without prior written consent.
In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees. The Agreement shall be governed by the laws in India without regard to its choice or law or conflict of law’s provisions. All legal actions in connection with the Agreement shall be brought in the s courts located in Mumbai, India.
This policy (“Policy”) applies to all email and other communications (“Email”) generated or sent through the services provided by Pepipost (“Services”) whether through the site located at www.Pepipost.com or through any other site operated by Pepipost or a Pepipost reseller, distributor, or business partner (each, a “Site”). BY GENERATING OR SENDING EMAIL THROUGH THE SERVICES, YOU AGREE TO COMPLY WITH THIS POLICY. Pepipost MAY SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE SERVICES IF YOU DO NOT COMPLY WITH THIS POLICY.
Your use of the Services must comply with all applicable Laws. This includes laws applicable to you and also laws applicable to Pepipost and the recipient each Email. Examples of applicable laws include laws relating to spam or unsolicited commercial email (UCE), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Services and the Emails you generate and send through the Services.
Your use of the Services must comply with the Terms of Service applicable to the Services (“TOS”). This Policy is a part of and incorporated into the TOS applicable to the Services. Click here for our Pepipost TOS . It is your responsibility to read and understand the TOS applicable to your use of the Services and the Emails you generate and send through the Services.
Your use of the Services must follow all applicable guidelines established by Pepipost.The guidelines below are examples of practices that may violate this Policy when generating or sending Emails through the Services:
Using non-permission based Email lists (i.e., lists in which each recipient has not explicitly granted permission to receive Emails from you by affirmatively opting-in to receive those Emails).
Using purchased or rented Email lists.
Using third party email addresses, domain names, or mail servers.
Sending Emails to non-specific addresses (e.g., email@example.com or firstname.lastname@example.org).
Sending Emails that result in an unacceptable number of spam or UCE complaints (even if the Emails themselves are not actually spam or UCE).
Failing to include a working “unsubscribe” link in each Email that allows the recipient to remove themselves from your mailing list.
Failing to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request.
Disguising the origin or subject matter of any Email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any Email.
Failing to include in each Email your valid physical mailing address or a link to that information.
Including “junk mail,” “chain letters,” “pyramid schemes,” incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any Email that encourages a recipient to forward the Email to another recipient.
If you know of or suspect any violations of this Policy, please notify Pepipost at email@example.com. Pepipost will determine compliance with this Policy in its sole discretion.