PoliteMail: Terms of Service

Terms of Service Agreement This Terms of Service Agreement ( this “Agreement” or the “Terms of Service”) sets forth the terms and conditions for use of the PoliteMail software and related internet-based services described herein (the “Service”).

PoliteMail software is licensed to you (either an individual or a legal entity that you represent as an authorized employee or agent) (“You”) by Bootstrap Software Partners, LLC d/b/a Salestream Software (“PoliteMail”), pursuant to the click wrap End-User License Agreement (“EULA”).

Please read this Terms of Service Agreement carefully. BY COMPLETING THE INSTALLATION AND REGISTRATION PROCESS AND/OR USING THE SOFTWARE AND SERVICE, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE.

The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. By using the Service offered by PoliteMail, You make the following representations and warranties. PoliteMail shall have the right to terminate Your Account, without notice at any time, if any representation warranty made by You proves to be untrue in any respect.

You represent and warrant that:

• You, and all other Users of the Services on your Account, are at least eighteen (18) years of age;
• You have the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service, (c) to subscribe to and use the Service in accordance with these Terms of Service, and (d) if you are acting in a corporate capacity or otherwise on behalf of an entity, to bind Your company;
• You will not use the Service for any purpose that is unlawful, or prohibited by these Terms of Service (as may be modified from time to time);
• All information supplied by You or by others using your Account is true and accurate, including information submitted for registration, subscription and billing;
• Any products, services or information advertised, sold or otherwise distributed by You using the Services are legal for sale or distribution; that you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law; and
• You have and control all of the intellectual property, proprietary and similar rights necessary for all material stored by or accessed through the Service.

1. DEFINITIONS
“Account” refers to the billing account for the Service. All named Users linked to a single Account will be aggregated prior to determining the charge for the Services. “Beta” is pre-release or other non-publicly available Software or Services.

“Contact” is a name, email and other information (such as address and phone number) stored by the User within the Service.

“Customer Data” means the data concerning the characteristics and activities of visitors to your website that is collected through use of the Service and then forwarded to the Servers.

“Documentation” means any accompanying proprietary documentation made available to You by PoliteMail for use with the Service, including any documentation available online or otherwise.

“Email” is one or more authentic business (not free services such as Yahoo or Hotmail) email addresses that you own. "Local Send" is the transmission of an email message through your own email server.

"Remote Send" is the transmission of an email message through a PoliteMail email server provided as a service.

“Mailing List” is a group of contacts and their email addresses. “Mailing” is a Send to a Mailing List.

“Reports” are collections of data in summary or detail output from or displayed by the Software or Service

“Send” and “Sent” is the transmission of an email message, and may be used as a unit of measurement for utilization of the Service.

“Servers” means the computer servers controlled by PoliteMail or its contractors upon which the services are provided and Customer Data are stored.

“Software” means the proprietary PoliteMail Software and any all upgrades to such. This includes the software licensed under the EULA and installed on the User´s local system and the internet-based software provided as a service and licensed under Section 3 of this Agreement.

“SPAM” is defined as Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE), or as any email message the recipient considers unsolicited and of a commercial nature.

“Tracked Message” is the transmission of an email message with corresponding tracking codes embedded using our Software and Services, and may be used a unit of measurement for utilization of the Service.

“User”, “You” and “Your” means You, Your company, Your employees, any authorized Users and anyone who has access to use Your Account. You must be at least eighteen (18) years of age to register for and use the Software and Services.

“Website” is one or more internet domains that you own and operate.

2. PROVISION OF SERVICES
PoliteMail agrees to provide Services to You in accordance with this Agreement in return for your payment for PoliteMail´s Software and Services, and your compliance with this Agreement. Provision of services shall commence once PoliteMail has received both Your payment for services and your consent to this Agreement by clicking on the “I agree” button. You warrant and represent that You shall use PoliteMail´s services only for lawful purposes. The Services allow You to create, send and track email messages, store and retrieve email content, maintain mailing lists, manage and share contact and account data, and store and retrieve various information and reports related to the access and use of email messages and web pages.

3. GRANT OF LICENSE
Subject to the terms and conditions of this agreement, PoliteMail hereby grants You a limited, revocable, non-exclusive, non-transferable license to install, copy and use the Software solely as necessary to access the Services for one or more Email address and/or Websites that You own and control for your use. You may remotely access, view and download Your Customer Data and Reports stored at the URL PoliteMail may provide with your Service.

Your license of, use of and access to the Software and Services (which may include, without limitation, the Software, Documentation and the Reports) is conditioned upon Your compliance with the terms and conditions of this Agreement and any associated EULA, including the following: You will not nor will You allow any third party to (i) copy, modify, adapt, translate or otherwise create derivative works of the Software or the Documentation; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Software, except as expressly permitted by the law in effect in the jurisdiction in which You are located; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Software, the Documentation or the Service; (iv) remove any proprietary notices or labels on the Software or placed by the Service; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software. You will use the Software, Service and Reports solely for Your own internal use, and will not make the Software or Service available for timesharing, application service provider or service bureau use. You will comply with all applicable laws and regulations in Your use of and access to the Documentation, Software, Service and Reports.

This license will terminate immediately if You fail to comply with the terms of this Agreement. Upon such termination, You must destroy all originals and copies of the Software in Your possession and so certify in writing to PoliteMail within three (3) business days of termination and cease any further use of the Service without the express written consent of PoliteMail. 4. USER, ACCOUNT, PASSWORD AND SECURITY To register for the Service, You must complete the registration process by providing PoliteMail with current, complete and accurate information as prompted by the registration form, including Your name, business e-mail address (username) and password. You shall safeguard and protect your passwords and take full responsibility for Your own, and any third party, use of Your Account(s). You are solely responsible for any and all activities that occur under Your Account. You agree to notify PoliteMail immediately upon learning of any unauthorized use of Your Account or any other breach of security. You may change Your password at any time by following the instructions provided in the Administration pages of the Service. From time to time, PoliteMail´s support staff may log in to the Service under Your customer password in order to maintain or improve service, including to provide You with technical support or assistance with billing issues. You hereby acknowledge and consent to such access.

YOU AGREE TO MAINTAIN AND KEEP CURRENT ALL CONTACT INFORMATION FOR YOUR ACCOUNT(S) WHICH IS( ARE) STORED WITHIN PoliteMail SERVERS. FAILURE TO MAINTAIN OR KEEP CURRENT ALL CONTACT INFORMATION SHALL BE VALID GROUNDS FOR TERMINATION OF SERVICES FOR CAUSE. PoliteMail reserves the right to deny in its sole discretion any User access to the Service or any portion thereof without notice.

5. TERM, TERMS AND FEES
For annual service plans, the initial term of this Agreement shall begin on the date of your initial payment (or date of initial use, for trial or beta services) and acceptance of this Agreement and shall continue through the remainder of the calendar year in which this Agreement was executed. This Agreement shall automatically renew for an additional one year term at the end of the initial term and each renewal thereof, unless the service is terminated by either You or PoliteMail. Annual service plans are at all times subject to the number of Sends purchased by You for the applicable year. In the event that You use the total number of Sends purchased prior to the expiration of the term of this Agreement, additional Sends may be purchased at then applicable rates.

For per “Send” or pay as you go service plans, the term of this Agreement shall begin on the date of your initial payment (or date of initial use, for trial or beta services) and acceptance of this Agreement and shall continue until You have the used the total number of Sends purchased. The term of this Agreement may be extended by purchase of additional Sends at then applicable rates.

You may terminate this Agreement by using the cancellation procedure available within the Account Administration section of the Software. PoliteMail may terminate this agreement by providing written or electronic notice of termination to your administrative Account contact no less than fifteen days prior to service termination and according to the terms of PoliteMail's standard refund policy, or as otherwise provided herein. Either party to the Agreement may terminate it at any time and for any reason, without cause.

For both pay as you go and prepaid service plans, a Send is, by default, a Local Send (the email is transmitted through your own authentic email server). A remote email server is provided as an optional service, and any such Remote Sends shall be equivalent in cost and calculated as two Local Sends, as additional resources are provided with that remote service. Each authorized and paid User of the Service is provided with a minimum of 20MB of shared storage and a total monthly data transfer (bandwidth) limit of 1GB. Additional storage and bandwidth beyond the standard amounts provided with the service may be made available for an additional fee.

PoliteMail charges you for services using a credit card or checking account authorized on your Account. Credit cards will be charged for the Service in advance of providing the Service and You are not entitled to a refund for unutilized Services upon cancellation unless a specific cancellation or refund policy is included with terms stated on the PoliteMail’s original receipt of purchase or pursuant to this Agreement. You agree to pay PoliteMail all charges at the prices then in effect for any products or services ordered by you or other Users authorized on your Account. Charges on Your Account will be summarized for you online and an electronic receipt will be sent to You (and the administrative Account contact, if different) via email. You agree that the Online Statement is the only statement of Your Account that PoliteMail needs to provide to you. YOU ALSO AGREE THAT IT IS YOUR RESPONSIBILITY TO PRINT OR STORE A COPY OF YOUR ONLINE STATEMENT AND TO RETAIN SUCH COPY FOR YOUR RECORDS. PoliteMail reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

TO CHANGE YOUR AUTHORIZED ACCOUNT ADMINISTRATOR OR CHANGE YOUR PAYMENT METHOD, GO TO HTTPS://account.politemail.net. YOU MUST PROMPTLY NOTIFY PoliteMail IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT HTTPS://ACCOUNT.POLITEMAIL.NET. IF YOU FAIL TO PROVIDE PoliteMail ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT PoliteMail MAY CONTINUE CHARGING YOU FOR ANY PRODUCTS OR SERVICES PROVIDED UNDER YOUR ACCOUNT UNLESS YOU HAVE OTHERWISE TERMINATED THIS AGREEMENT.

If PoliteMail does not receive payment for any charge to Your Account, you will be in default and PoliteMail may immediately suspend or terminate your Account for cause and/or prevent Your access to any or all PoliteMail Services. If Your payment provider seeks return of payments previously made to PoliteMail, but PoliteMail in good faith believes that you are liable for the charge and applicable law allows the payment provider to seek payment from you, you will also be in default and PoliteMail may terminate Your Account for cause and/or prevent Your access to any or all Services. SUSPENSION OR TERMINATION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH SUSPENSION OR TERMINATION PoliteMail MAY STOP DELIVERY OF ANY SERVICES TO YOU AND PREVENT ACCESS TO ANY CUSTOMER DATA STORED BY THE SERVICE.

Customers who purchase pay-as-you-go or per Send service plans are not entitled to any refund upon cancellation or termination of this Agreement, with or without cause. If PoliteMail terminates this agreement without cause, the following refund policy shall apply: Terminations within 1-year of the invoice date will be refunded 100% of the total fee paid for the Service, minus a pro rata fee for Sends used. Terminations over 1-year after the billing date will not receive any refund. IF PoliteMail TERMINATES YOUR ACCOUNT FOR A VIOLATION OF THIS AGREEMENT, PoliteMail´S ACCEPTABLE USE POLICY, OR PoliteMail´S NO SPAM POLICY, PoliteMail SHALL NOT BE REQUIRED TO REFUND TO YOU ANY AMOUNTS BILLED OR PAID BY YOU.

Upon any cancellation, termination or expiration of this Agreement, PoliteMail will cease providing the Service, and You will uninstall and delete all copies of the Software thereto within three (3) business days of such termination. In the event of any termination (a) You will not be entitled to any refunds of any usage fees or any other fees except as provided in this Agreement, and (b) any (i) outstanding balance for Service rendered through the date of termination, and (ii) other unpaid payment obligations during the remainder of the term will be immediately due and payable in full and (c) all of Your Customer Data and any historical report data will no longer be available to You unless, prior to termination, you enter into and purchase a professional services agreement for the exchange and transfer of such data. ALL CUSTOMER DATA AND ACCOUNT SETTINGS WILL BE IRREVOCABLY DELETED WITHIN SIXTY (60) DAYS UPON ACCOUNT TERMINATION.

Your non-termination or continued use of the Services on Your Account reaffirms that PoliteMail is authorized to charge Your Account. PoliteMail may submit those charges for payment and you will be responsible for such charges. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially ordered the applicable products or services.

6. SERVICE LEVELS
PoliteMail does not guarantee the Service will be operable at all times or during any down time (1) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of Your equipment, systems or local internet access services, (3) for previously scheduled maintenance or (4) relating to events beyond PoliteMail´s (or its contractors´) control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where PoliteMail or Your servers are located or co-located.

Complete accuracy in all aspects of Your Reports at all times also is not guaranteed. Support for the Services and Software is available via email at support@PoliteMail.com Monday through Friday, between 9:00 a.m. and 5:00 p.m. (Eastern Standard Time), excluding PoliteMail holidays. Telephone support may be provided, but PoliteMail is under no obligation to provide telephone support for the Software, unless the User has purchased an additional paid support service agreement. Additional service contracts may be purchased from PoliteMail for telephone support, guaranteed service level agreements and/or dedicated managed server plans, If You need to contact PoliteMail regarding additional support services, please send a message to service@PoliteMail.com.

7. PRIVACY
Use of the Software and Services requires that you will have and abide by an appropriate privacy policy of your own and will comply with all applicable laws relating to the collection of information from visitors to Your email pages and Websites. You must post a privacy policy and that policy must provide notices of your use of cookies to collect online interaction data and web beacons which identify email and/or web page use. The privacy statement for your use of the PoliteMail services is available at www.politemail.com/privacy.

8. ACCEPTABLE USE POLICY
This Acceptable Use Policy shall apply to Your use of the Software and Services. PoliteMail does not monitor or censor the information you make available, send, collect or store using the Service, with the exception of systems and network resources monitoring. However, PoliteMail will act upon policy violations when such are discovered during regular monitoring processes or reported to PoliteMail.

PoliteMail reserves the right in its sole discretion to: Revise this Acceptable Use Policy which shall be posted at www.politemail.com/tos (or such other URL PoliteMail may provide from time to time); and Remove any content for any reason, including but not limited to, your violation of any conditions of this Acceptable Use Policy. PoliteMail´s right to remove inappropriate content under this Acceptable Use Policy shall not place an obligation on PoliteMail to monitor or exert editorial control over the content of your Account.

As consideration for PoliteMail´s provision of Services, you agree to abide by the following provisions relating to the acceptable use of your Account. You agree NOT to use or allow access Services to:

• Create or maintain download or distribution services created for the purpose of mass distribution (outside of paid Users of the Service) of content (such as images, music, software or other electronic files). A distribution service is defined as 50% or more of your total bandwidth (data transfer) being used for content downloads.
  
• Create or maintain pages which generate system errors or exceptions that disrupt servers´ performance or cause server-wide outages. This includes overriding or avoiding system settings and restrictions imposed by the Terms of Service.
  
• Create or maintain pages or content that consumes 35% or more of CPU capacity or use over 250MB of memory (physical and virtual combined) on the hosted Service.
  
• Exceed allowed bandwidth by transferring amounts of data greater than allowed by the Terms of Service and your purchase contract.
  
• Violate any applicable laws, regulations, or other provisions having the force of law, either intentionally or unintentionally.
  
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
  
• Employ misleading email addresses or falsify information in any part of any communication.
  

And furthermore agree NOT to upload, transmit, disseminate, post, store or post links to any content that:
• Is prohibited from transmitting or posting by law, or by contractual or fiduciary relationship;
  
• Facilitates hacking or unauthorized access or use of data, systems, servers or networks including any attempt to probe, scan or test for vulnerabilities, or to breach security or authentication measures;
  
• Falsifies origin by forging TCP/IP packet headers, email headers, or any part of a message header, unauthorized monitoring of data or traffic;
  
• Interferes with service to any user, system or network by using flooding techniques, overloading a system or a network, staging or broadcasting an attack, or any other means resulting in a crash of a host server either deliberately or by negligence;
  
• Infringes or contributes to any infringement of any intellectual property, material protected by copyright, trademark, patent, trade secret or proprietary right of any party;
  
• Is or may be considered unsolicited or unauthorized advertising, any junk mail, spam, make money fast schemes, chain letters, pyramid schemes, or any other form of unsolicited commercial email;
  
• Contains viruses, worms, Trojan horses, time bombs, trap doors, or any other computer code, files, or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  
• Is unlawful, harmful, threatening, abusive, harassing, tortious, unlawful, libelous, defamatory, vulgar, obscene, or invasive of privacy;
  
• Is of adult nature, pornographic, or harmful to minors;
  
• Promotes illegal activity, including providing instructions for illegal activity, or transmitting, disseminating or offering fraudulent goods, services, schemes or promotions, or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Services including use of credit card numbers.
  
• Exploits the images of children or discloses personally identifiable information belonging to children.

If PoliteMail determines that you have violated the terms of this Acceptable Use Policy, in PoliteMail´s sole discretion, such violation is grounds for immediate termination of your PoliteMail Account for cause, without notice or penalty to PoliteMail.

9. NO SPAM POLICY
You are responsible for any email You Send using the Service or Software, and any Mailing Lists you create, import or maintain using the Service and Software. You are responsible for any SPAM or abuse complaints and consequences arising from use of the Services and Software. Upon discovery or notification of any service abuses, PoliteMail will investigate and, without prior notice to You, may disable any Account in order to protect the security, integrity and usability of the PoliteMail servers and shared network hosting the Services.

PoliteMail expressly prohibits the sending of SPAM through its Software or Service. If You believe that You have received SPAM from PoliteMail´s network, please send a complaint signed with your name and contact information, and attach the message you received (which, unlike forwarding, includes the complete email headers) to abuse@politemail.com PoliteMail does not investigate or take action based on anonymous SPAM complaints.

Mailing lists may not used for purposes or in a manner which are harassing, abusive, illegal, and/or will create liability for you, PoliteMail or third parties. Other prohibited email activities include: Mail bombing (sending an unreasonably large number of email messages to a single system, person or email address); Mail harassment (sending email in a manner or with content that is perceived as threatening or harassing by the intended or actual recipient); or Letter bombing (sending email with content that will or could potentially harm the recipient´s computer).

The following is a list of minimum requirements for the permitted use of the Services and Software for commercial email and mailing lists. These are guidelines to minimize the probability of complaints. However, you will still be responsible for any complaints received in relation to your Account despite having implemented all these requirements.

• Compliance with the U.S. CAN-SPAM Act of 2003 as well as any state specific or country specific laws regarding commercial email as they apply to the geographic location of the sender and recipient of the email. For information on the CAN-SPAM Act of 2003 see the following: U.S. Spam Law.


• Your email´s “From,” “To,” and routing information—including the originating domain name and email address—must be accurate and identify the person who initiated the email, and must be an active, valid email box that can be replied to.
  
• The subject line cannot mislead the recipient about the contents or subject matter of the message.
  
• You must utilize the CAN-SPAM compliance mechanisms provided by the Service and Software that allows a recipient to ask you not to send future email messages to that email address, and you must honor the requests.
  
• When you receive an unsubscribe, opt-out, or other notice to be removed from commercial mailings from You, that email address must be removed from your list prior to any subsequent mailing to that email address. You cannot help another entity send email to that address, or have another entity send email on your behalf to that address. You many not sell, rent or otherwise transfer the email addresses of people who choose not to receive your email, even in the form of a mailing list, except where such transfer is to help another entity comply with the law.
  
• Your message must contain clear and conspicuous notice that the message is commercial in nature (an advertisement or solicitation).
  
• You message must include your valid physical postal address.

If you use the Services or Software to collect email addresses from Your web pages and compile them into a mailing list, you must:

• Require prospective members of the list to take some non-passive action to request sign up for the list, and provide conspicuous, comprehensive terms and conditions of address use (include subject matter of the list and anticipated mailing frequency, sharing/trading/selling of the address) posted or linked near the email collection point and available to the list member after sign up.
  
• The CAN-SPAM compliance Services must be utilized in all messages, including the any invitation, welcome or confirmation email message.

PoliteMail processes reports of SPAM activity and SPAM complaints in the manner described below. A complaint is defined as either of the following:

• 1. PoliteMail´s receipt of any complaints (abuse@politemail.com) or any 3rd party (ISP) notices of spam compliant activity as a result of email sent from your Account that violates PoliteMail´s No SPAM Policy; or
  
• 2. Any of PoliteMail´s email servers (domain’s or IP addresses thereof) become blacklisted as a result of email sent from your Account that violates PoliteMail´s No SPAM Policy; or

If the email activity associated with your PoliteMail Account poses an immediate threat to PoliteMail´s servers or network or otherwise impacts our ability to provide services to other customers, PoliteMail reserves the right to immediately disable your Account and serve notice to you via email. An immediate threat includes:

• PoliteMail´s receipt of multiple (> 2) SPAM complaints from recipient’s of your email within a 72 hour period; or
• Any of PoliteMail’s email server’s (domain’s or IP addresses thereof) becoming blacklisted (e.g. listed in the SpamHaus anti-spam database) as a result of email sent from your account.

PoliteMail will follow the steps outlined below for complaints.

• First spam complaint event—PoliteMail sends a “1st complaint notice” message to the primary Account contact email address for your Account.
  
• Second spam compliant event—PoliteMail immediately and permanently disables the Services for the Account and sends notice to your primary Account contact of termination for cause.
  
• Blacklisting event—PoliteMail will charge a fee of $250 for the costs associated with removing the blacklisting, and may elect to serve first notice or termination notice, depending upon the degree of the infraction.
  

10. CONFIDENTIALITY
“Confidential Information” includes any proprietary data and any other information disclosed by one party to the other in writing and marked “confidential” or disclosed orally and, within five business days, reduced to writing and marked “confidential”.

Notwithstanding the foregoing, Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party´s possession prior to disclosure by a party or which is independently developed by the receiving party without the use of Confidential Information.

Neither party will use or disclose the other party´s Confidential Information without the other´s prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order. In which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing such information.

Upon termination of this Agreement, the parties will promptly either return or destroy all Confidential Information and, upon request, provide written certification of such. You are responsible for safeguarding the confidentiality of Your password(s) and user name(s) issued to You by PoliteMail, and for any use or misuse of Your account resulting from any third party using a password or user name issued to You. You agree to immediately notify PoliteMail of any unauthorized use of Your account or any other breach of security known to You.

11. INFORMATION RIGHTS AND PUBLICITY
PoliteMail may retain and use, subject to the terms of its Privacy Policy (located at http://www.PoliteMail.com/privacy, or such other URL as PoliteMail may provide from time to time), information collected in connection with Your use of the Service.

PoliteMail will not share information associated with You, Your Website,or your Account with any third parties unless PoliteMail (i) has Your consent; (ii) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of PoliteMail, its users or the public; or (iii) provides such information in certain limited circumstances to third parties to carry out tasks on PoliteMail´s behalf (e.g., billing or data storage) with strict restrictions that prevent the data from being used or shared except as directed by PoliteMail. In the event of such disclosure. PoliteMail will use reasonable measures to enter into agreements that oblige those parties receiving information to process such information only on PoliteMail´s instructions and in compliance with this Agreement and appropriate confidentiality and security measures. Unless You notify PoliteMail otherwise in writing.

You hereby grant to PoliteMail a limited license to use Your trade names, trademarks, service marks, logos, domain names and other distinctive brand features (“Branding”) in presentations, marketing materials, customer lists, and financial reports. Further, Unless You notify PoliteMail otherwise in writing, PoliteMail retains the right to identify You as a valued customer and optionally issue a press release that, at a minimum, discloses You are a user of the Software and Service.

12. INDEMNIFICATION
You agree to indemnify, hold harmless and defend PoliteMail at Your expense, from and against any and all third-party claims, actions, proceedings, and suits brought against PoliteMail or any of its officers, directors, employees, agents, contractors or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys´ fees and other litigation expenses) incurred by PoliteMail or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Your breach of any term or condition of this Agreement, (ii) Your use of the Service and related Software, (iii) Your violations of applicable laws, rules or regulations in connection with the Service, or (iv) Your Branding. In such a case, PoliteMail will provide You with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. PoliteMail reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You. These obligations will survive any termination of Your relationship with PoliteMail or Your use the Services and Software.

13. THIRD PARTIES
If You provide access to Your Account or any portion thereof to any third party or use the Service to collect information on behalf of any third party (“Third Party”), whether or not You are authorized to do so by PoliteMail, the terms of this Section 13 shall apply to You.

If You use the Service on behalf of any Third Party, You represent and warrant that (a) You are authorized to act on behalf of, and bind to this Agreement, that Third Party, (b) as between the Third Party and You, the Third Party owns any rights to Customer Data in the applicable Account, and (c) You shall not disclose Third Party´s Customer Data to any other party without the Third Party´s consent. You shall ensure that each Third Party is bound by and abides by the terms of this Agreement.

PoliteMail makes no representations or warranties for the direct or indirect benefit of any Third Party. With respect to Third Parties, You shall take all measures necessary to disclaim any and all representations or warranties that may pertain to PoliteMail, the Service, the Software or the Reports, or use thereof. You agree to indemnify, hold harmless and defend PoliteMail, at Your expense, against any and all third-party claims, actions, proceedings, and suits brought against PoliteMail or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys´ fees and other litigation expenses) incurred by PoliteMail, or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (a) any representations and warranties made by You concerning any aspect of the Service, the Software or Reports to Third Parties; (b) any claims made by or on behalf of any Third Party pertaining directly or indirectly to Your use of the Service, the Software or Reports; (c) violations of Your obligations of privacy to any Third Party; and (d) any claims with respect to acts or omissions of Third Parties in connection with the Services, the Software or Reports.

14. DISCLAIMER OF WARRANTIES
The information and services included in or available through the Software and Service, including the Reports, may include inaccuracies or typographical errors. Changes are periodically added to the information herein. PoliteMail and/or its respective suppliers may make improvements and/or changes in the Service or Software at any time, with or without notice. PoliteMail does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service, the Software or any other software on the Server are free of viruses or other harmful components. PoliteMail does not warrant or represent that the use of the Service or the Reports will be correct, accurate, timely or otherwise reliable.

You specifically agree that PoliteMail shall not be responsible for unauthorized access to or alteration of the Customer Data or data collected from Your Email or Website. YOU EXPRESSLY AGREE THAT USE OF PoliteMail´S SERVICES IS AT YOUR SOLE RISK. BETA SOFTWARE AND SERVICES, IF ANY, ARE PROVIDED ON AN AS-IS BASIS. EXCEPT FOR THE LIMITED WARRANTIES RESPECTING THE SOFTWARE SET FORTH IN THE EULA, THE SERVICE, THE SOFTWARE AND REPORTS ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY PoliteMail AND/OR ITS SUBSIDIARIES, CONTRACTORS AND AFFILIATES, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE SOFTWARE, THE DOCUMENTATION AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. PoliteMail DOES NOT WARRANT THAT THE SERVICE, THE SOFTWARE OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

15. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, PoliteMail, ITS OFFICERS, AGENTS, CONTRACTORS OR AFFILIATES WILL NOT BE LIABLE TO USER OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF PoliteMail AND/OR ITS SUBSIDIARIES AND AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.

Notwithstanding any special, indirect, incidental, punitive, or consequential losses or damages that you might incur for any reason whatsoever (including, without limitation, loss of revenue or profits or failure to realize savings or other benefits, and all direct or general damages in contract or anything else), the entire liability of PoliteMail and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by PoliteMail with respect to any breach of the Limited Warranty) shall be limited to the amount actually paid by you for the Software and Services with a total cumulative liability to You or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement not to exceed U.S. $500.

16. PROPRIETARY RIGHTS NOTICE
The Service, which includes but is not limited to the Software and all intellectual property rights in the Service are, and shall remain, the property of PoliteMail. All rights in and to the Software not expressly granted to You in this Agreement are hereby expressly reserved and retained by PoliteMail and its licensors without restriction, including, without limitation, PoliteMail´s right to sole ownership of the Software and Documentation.

Without limiting the generality of the foregoing, You agree not to (and to not allow any third party to): (a) sublicense, distribute, or use the Service outside of the scope of the License granted herein; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Software or otherwise attempt to discover any source code or trade secrets related to the Service; (c) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of PoliteMail; (d) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with PoliteMail other than in the name of PoliteMail; or (e) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service.

17. HARDWARE, EQUIPMENT AND SOFTWARE
You are responsible for and must provide all computers, software, hardware, internet service and other services necessary to access and utilize PoliteMail Software and Services. PoliteMail makes no representations, warranties, or assurances that your equipment and software will be compatible with the Services.

18. U.S. GOVERNMENT RIGHTS
If the use of the Service is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (DOD) acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions), the Government´s rights in the Software, including its rights to use, modify, reproduce, release, perform, display or disclose the Software or Documentation, will be subject in all respects to the commercial license rights and restrictions provided in this Agreement.

19. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
PoliteMail reserves the right to change or modify any of the terms and conditions contained in any policy governing or related to the Service, at any time, by posting the new policy to the site located at www.PoliteMail.com/tos (or such other URL PoliteMail may provide from time to time). You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of PoliteMail, (ii) You accept updated terms online, or (iii) You continue to use the Service after PoliteMail has posted updates to any policy governing the Service.

20. MISCELLANEOUS; APPLICABLE LAW AND VENUE
PoliteMail shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) and any associated EULA for locally installed Software represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties.

If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

This Agreement shall be governed by and construed under the laws of the state of New Hampshire without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and New Hampshire law, rules, and regulations, New Hampshire law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Rockingham County, New Hampshire. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Software is controlled by U.S. Export Regulations, and it may be not be exported to or used by embargoed countries or individuals.

Any notices to PoliteMail must be sent to: Salestream Software, 655 Portsmouth Ave., Suite 11, Greenland NH 03840, USA , via first class or air mail, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of Your rights hereunder without PoliteMail´s prior written consent, and any such attempt is void. The relationship between PoliteMail and You is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. The following sections of this Agreement will survive any termination thereof: 1, 4, 5, 10, 11, 12, 13, 15, 16, and 20. PoliteMail will only use Your Customer Data in accordance with the privacy policy available at: http://www.PoliteMail.com/privacy. Any rights not expressly granted herein are reserved by PoliteMail, including all legal and equitable remedies available to PoliteMail for violation of any of these Terms of Service. Changes to this Policy We reserve the right to change these terms at any time. All amended terms will automatically become effective 30 days after they are posted on this web site, notice of specific changes made will remain on this web site for 30 days.

If you have questions or concerns about these Terms of Service, you can contact us at admin@politemail.com.

Salestream Software 655 Portsmouth Ave, Suite 11, Greenland, NH 03840 603 610-6111