Terms of Service
Please read these Terms carefully. By using PostalMethods or signing up for an account, you are agreeing to these Terms, which will result in a legal agreement between you and PostalMethods (“Agreement”). We will start with the basics, including a few definitions that should help you understand these Terms. PostalMethods (“PostalMethods,” “we,” or “us”) is an online marketing platform (the “Service”) offered through the URL www.PostalMethods.com (we will refer to it as the “Website”) that allows you to, among other things, create, send, and manage certain marketing Letter/Postcard, including, without limitation, emails, advertisements, and mailings (each a “Campaign,” and collectively, “Letter/Postcard”). PostalMethods is a Texas limited liability company whose legal name is Anderton Group LLC d/b/a PostalMethods. PostalMethods has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that is a customer of the Service, you are a “Member” according to this Agreement (or “you”).
If you have any questions about our Terms, feel free to contact us.
In order to use the Service, you must:
- be at least eighteen (18) years old and able to enter into contracts;
- complete the registration process;
- agree to these Terms;
- provide true, complete, and up-to-date contact and billing information;
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you will not use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
PostalMethods may refuse service, close accounts of any users, and change eligibility requirements at any time.
When you sign up for the Service and agree to these Terms, the Agreement between you and PostalMethods is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a PostalMethods account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. Entering your username and clicking the “Get Started” button and means that you’ve officially “signed” and accepted the Terms. If you sign up for the Service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.
- Closing Your Account
You or PostalMethods may terminate the Agreement at any time and for any reason by terminating your PostalMethods account or giving notice to the other party. We may suspend the Service to you at any time, with or without cause. If we terminate your account without cause, and your account is a paid account, we will refund a prorated portion of your monthly prepayment or reimburse you for unused credits. We will not refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the Agreement. If your account is inactive for 24 or more months, we may terminate the account. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your Letter/Postcard. Usernames are unique and can only be used once. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.
- Account and Password
You are responsible for keeping your account name and password confidential. You are also responsible for any account that you have access to and any activity occurring in such account (other than activity that PostalMethods is directly responsible for that not performed in accordance with your instructions), whether or not you authorized that activity. You will immediately notify us of any unauthorized access or use of your accounts. We are not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence. We do not have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.
- Account Disputes
We do not know the inner workings of your organization or the nature of your personal relationships. You will not request access to or information about an account that’s not yours, and you will resolve any account-related disputes directly with the other party. We decide who owns an account based on the content in that account, and if multiple people or entities are identified in the content, then we will rely on the contact and profile information listed for that account. In cases where differing contact and profile information is present, we will require you to resolve the matter through proper channels outside of PostalMethods.
When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account.
- Prepaid Plans
You must buy prepaid credits to use the Service. When prepaying, you are considered a Member and all of these Terms will apply to you. Credits for prepaid accounts roll over each month and don’t expire, but if your account is inactive for more than 24 months, it may be deleted.
- Credit Cards
Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card.
You will not be entitled to a refund from us under any circumstances. We may, at our sole discretion, offer a refund if a Member requests one.
- Charges for Add-Ons
If you use an Add-on such as a reply envelope that has a charge, then you’ll will be billed that additional amount when you submit your letter.
- Billing Changes
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email. Quoted fees do not include sales or other transaction-based taxes of any kind.
- Proprietary Rights Owned by Us
You will respect our proprietary rights in the Website and the software used to provide the Service (proprietary rights include, but are not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property).
- Proprietary Rights Owned by You
- Right to Review
We may view, copy, and internally distribute Content from your Letter/Postcard and account to create algorithms and programs (“Tools”) that help us spot problem accounts and improve the Service. We use these Tools to find Members who violate these Terms or laws and to study data internally to make the Service smarter and create better experiences for Members and their contacts.
RULES AND ABUSE
- General Rules
By agreeing to these Terms, you promise to follow these rules:
PostalMethods does not allow accounts with the primary purpose of promoting or inciting harm toward others or the promotion of discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if you send a letter or otherwise distribute any Content that we determine, in our sole discretion, contains either of the following:
- A Threat of Physical Harm. This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
- Hateful Content. This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
- an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm;
- a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or
- a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.
If you violate any of these rules, then we may suspend or terminate your account.
- Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you received a letter you think came from a PostalMethods Member, please report it to our support team. If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us at firstname.lastname@example.org.
- Bandwidth Abuse/Throttling
You may only use our bandwidth for your PostalMethods Letter/Postcard. We may throttle your sending or connection through our API at our discretion.
- Compliance with Laws
You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (collectively, “EU Data Privacy Laws”), United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. If you are subject to regulations (like HIPAA) and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or other laws that apply to commerce.
If you are located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “EEA”) and/or distribute Letter/Postcard or other Content through the Service to anyone located in the EEA (each such Member an “EEA Member”) in creating your letter distribution list, sending Letter/Postcard via the Service, and/or otherwise collecting information as a result of creating or sending Letter/Postcard, you represent and warrant to PostalMethods that:
- You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to PostalMethods and to enable such data to be lawfully collected, processed, and shared by PostalMethods for the purposes of providing the Service or as otherwise directed by you.
- You will comply with all laws and regulations applicable to the Letter/Postcard/postcards sent through the Service, including those relating to (a) acquiring consents (where required) to lawfully send Letter/Postcard, (b) the Content of Letter/Postcard, and (c) your Campaign deployment practices.
- You will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enable PostalMethods to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end users of the Service in accordance with and as described.
- You will sign and return PostalMethods’s Data Processing Addendum which sets out your and PostalMethods’s obligations with respect to data protections and security when processing personal information. Once signed, the Data Processing Addendum will form part of and be incorporated into the Agreement.
In addition, if you are an EEA Member, you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Privacy Laws, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.
You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this Section 20.
- U.S. Export Controls
The software that supports the Service (the “Software”) is subject to U.S. Export Control Laws and Regulations. Export laws are set up by the government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. None of the Software may be downloaded or otherwise exported or re-exported in violation of U.S. Export Control Laws and Regulations and any other applicable export laws and regulations (collectively, “Export Control Laws”). Therefore, you agree that you will not, directly or indirectly through a third party, allow the Software or your Letter/Postcard to be accessed or generated from within, or distributed or sent to, any prohibited or embargoed country as mentioned in any Export Control Laws. In addition, you certify that neither you nor any principals, officers, directors, or any person or entity you know to be directly involved with the use of the Service is designated on any U.S. government list of prohibited or restricted persons.
It is important to note that this Section 21 is not meant to provide a comprehensive summary of the Export Control Laws that govern PostalMethods, the Service, or the Software. You are downloading and using the Software at your own risk, and it is your responsibility to consult with a legal advisor to make sure your use of the Service and the Software complies with applicable laws.
- Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Service, including any downloads from the Website. We and our Team will not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they are based on negligence or we have been advised of the possibility of those damages. In any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month.
In addition, for the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of our Acceptable Use Policy, regardless of whether we terminate or suspend your account due to such violation.
- No Warranties
To the maximum extent permitted by law, we provide the Website and the Service as-is. This means that, except as expressly stated in these Terms, we do not provide warranties, conditions, or undertakings of any kind in relation to the Website and/or Service, either express or implied. This includes, but is not limited to, warranties of merchantability and fitness for a particular purpose, which are to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Service for a variety of reasons, we cannot guarantee that it will meet your specific needs.
You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that are not allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) your Content, (b) your use of the Service, (c) your violation of any laws or regulations, (d) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (e) any misrepresentations made by you, or (f) a breach of any representations or warranties you’ve made to us.
- Legal Fees and Expenses
If we file an action against you claiming you breached these Terms and we prevail, we are entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.
- Equitable Relief
If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
- Subpoena Fees
If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team are not responsible for the behavior of any third parties, linked websites, or other Members.
- Notice to U.S. Government End Users
The Software and Website, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. government end users:
- only as Commercial Items,
- with the same rights as all other end users, and
- according to the Terms.
Published and unpublished rights are reserved under the copyright laws of the United States. The manufacturer is The Rocket Science Group LLC, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, Georgia 30308.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
- Choice of Law
The State of Georgia’s laws, except for conflict of laws rules, will apply to any dispute related to the Agreement or the Service. Any dispute related to the Agreement or the Service itself will be decided by the state and federal courts in Fulton County, Georgia, and each party will be subject to the jurisdiction of those courts.
- Force Majeure
We will not be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of these Terms is not enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.
The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms will not affect the way the Agreement is interpreted.
- Amendments and Waiver
Amendments or changes to the Agreement will not be effective until we post revised Terms on the Website. If we do not immediately take action on a violation of these Terms, we are not giving up any rights under the Terms, and we may still take action at some point.
- No Changes in Terms at Request of Member
Because we have so many Members, we cannot change these Terms for any one Member or group.
- Further Actions
You will provide all documents and take any actions necessary to meet your obligations under these Terms.
- Notification of Security Breach
In the event of a security breach that may affect you or anyone on your Campaign distribution lists (each a “List”), we will notify you of the breach once we have determined, in our discretion, that it occurred and will provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you will promptly do so.
Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, PostalMethods, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, Georgia, 30308, or any addresses as we may later post on the Website.
- Entire Agreement
The Agreement and any Additional Terms you have agreed to by enabling any Add-ons make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into the Agreement when you activate the corresponding Add-on.
Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control to the extent of the conflict.
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Thanks for taking the time to learn about PostalMethods’s policies.
Updated November 13, 2020.