Postalytics

Direct Mail Automation

Last Modified: January 25, 2022

Thanks for using Postalytics. We at Postalytics, Inc. (“Postalytics” or “we”) are committed to ensuring everyone has an enjoyable experience interacting with Postalytics. This Terms of Use (this “TOU”) applies to both our websites (https://www.postalytics.com, subdomains and related web properties) (the “Websites”) and our Postalytics’ platform (and all content, templates and data provided therein by Postalytics or its licensors) accessible via the Websites or an API provided by Postalytics (the “Services”). This TOU is designed to ensure compliance with the laws and regulations that apply when you use the Websites and/or the Services. This TOU also protects the interests of all of our customers and their customers, as well as our goodwill and reputation. These terms are so important that we cannot provide the Websites and the Services unless you agree to them. By using the Websites or the Services, you are agreeing to these terms.

If you are using any Service, this TOU applies to you. Every user of the Websites and the Services agrees to abide by this TOU and is responsible for any violations. You are not allowed to assist or engage others in a way that would violate this TOU. We will enforce and ensure compliance with this TOU by using methods we consider to be appropriate.

  1. No Disruption

You agree not to (a) use the Websites or the Services in a way that impacts the normal operation, privacy, integrity or security of another’s property (e.g., account(s), domain name(s), URL(s), website(s), network(s), system(s), facilities, equipment, data, other information, or business operations); (b) use or launch any automated system, including, “robots,” “spiders,” or “offline readers,” that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser; (c) use the Websites or the Services in any manner that damages, disables, overburdens, or impairs any of our websites or interferes with any other party’s use of the Websites and the Services; (d) attempt to gain unauthorized access to the Websites or the Services; (e) access the Services other than through our interface, API or other interfaces provided by Postalytics; (f) use the Websites or the Services for any purpose or in any manner that is unlawful or prohibited by this Agreement; and (g) use the Websites or the Services to gain unauthorized access to, use, monitor, make an unauthorized reference to, another’s property, unless you have the appropriate express prior consent to do so.

These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.

  1. Proper Usage of the Websites and the Services

You will respect the limits that apply to your use the Services as specified on our Websites and related documentation or in a mutually agreed order form. If not specified in an order form, we may update or change these limits from time to time, so we encourage you to review our website periodically.

In addition, and without limiting the other requirements in this TOU, you may not (directly or indirectly) use the Websites or the Services in a manner that:

  • is threatening, abusive, harassing, stalking, or defamatory;
  • is deceptive, false, misleading or fraudulent;
  • is invasive of another’s privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
  • contains vulgar, obscene, indecent or unlawful material;
  • infringes a third party’s intellectual property right(s);
  • publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;
  • uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer;
  • downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
  • falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;
  • restricts or inhibits any other user of the Websites and the Services from using and enjoying the Websites and the Services;
  • harvests or otherwise collects information about others, including e-mail addresses, without their consent;
  • violates the usage standards or rules of an entity affected by your use, including without limitation any ISP, ESP, or news or user group (and including by way of example and not limitation circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail);
  • is in violation of any applicable local, state, national or international law or regulation, including all export laws and regulations and without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act), the U.S Telephone Consumer Protection Act of 1991, the Do-Not-Call Implementation Act of 2003, regulations promulgated by the U.S. Securities Exchange Commission, any rules, regulations, or other laws having the force of law in your or your email recipient’s country of residence;
  • encourages, promotes, facilitates or instructs others to engage in illegal activity;
  • is not in good faith, such as using the Services as an image repository and not for its intended purposes; or
  • promotes, encourages, or facilitates: hate speech, violence, discrimination based on race, color, sexual orientation, marital status, gender or identity expression, parental status, religion or creed, national origin or ancestry, sex, age, physical or mental disability, veteran status, genetic information, citizenship and/or any other characteristic protected by law.

You are responsible for moderating user generated content or user activity on your account. User generated content that violates these standards may result in termination of your use of the Services.

You will use the Services for your internal business purposes and will not: (i) willfully tamper with the security of the the Services or tamper with our customer accounts; (ii) access data on the Services not intended for you; (iii) log into a server or account on the Services that you are not authorized to access; (iv) attempt to probe, scan or test the vulnerability of the Service or to breach the security or authentication measures without proper authorization; (v) willfully render any part of the Services unusable; (vi) lease, distribute, license, sell or otherwise commercially exploit the Services or make the Services available to a third party other than as contemplated in your subscription to the Services; (vii) use the Services in excess of any usage limits provided by Postalytics.

  1. Postalytics Trademark Use

Unless you have our express prior written permission, you may not use any name, logo, tagline or other mark of ours or any identifier or tag generated by the the Services, including without limitation: (a) as a hypertext link to any website or other location (except as provided for or enabled expressly by us); (b) to imply identification with us as an employee, contractor, agent or other similar representative capacity. You also agree not to remove or alter any of these items as we may have provided or enabled unless expressly agreed.

  1. Reporting Suspected Violations

We encourage you to report all known and suspected violations of this TOU to us by sending the relevant information, such as a copy of the received message, to abuse@Postalytics.com. We have a policy to investigate all of these reports and to respond in the way we consider appropriate.

If you reasonably believe someone is using the Postalytics service in a manner that violates your copyright rights, please let Postalytics know by sending an email to the above address with the following information:

  • an electronic or physical signature of the copyright owner or someone authorized to act on their behalf;
  • the name, address, telephone number, and email address of the copyright owner;
  • identification of the copyrighted work that is being infringed;
  • identification of where the infringing material is located on our Website (a URL works best) or one of the physical pieces that was sent through our service;
  • a statement that you have a good faith belief that the use isn’t authorized by the copyright owner, its agent or the law; and
  • a statement that the information in your notice is accurate, and you’re authorized to act on behalf of the copyright owner.

Please note that this information must be provided under penalty of perjury and could be subject to criminal or civil penalties for knowingly false statements.

  1. General Terms

If you breach of this TOU, or we reasonably suspect you may be in breach of this TOU, we may immediately suspend your access to the Services or throttle your bandwidth as applicable. We may also terminate your Service Agreement for cause if you breach this TOU. You acknowledge we may disclose information regarding your use of the Service to satisfy any law, regulation, government request, court order, subpoena or other legal process. If we make this type of required disclosure we will notify you, unless we are required to keep the disclosure confidential. We are not obligated to, but may choose to, remove any content you provide if we believe the content is prohibited by this TOU. We further reserve all other rights.

We may update and change any part or all of this TOU. The updated TOU will become effective and binding on the next business day after it is posted. When we change this TOU, the “Last Modified” date above will be updated to reflect the date of the most recent version. We encourage you to review this TOU periodically.