TERMS OF SERVICE
Monsoon Interactive LLC.
360 South Reynolds Road
AGREEMENT BETWEEN YOU AND MONSOON INTERACTIVE
The Monsoon Interactive suite of products includes OnMarketer Web Edition, OnMarketer Outlook Edition, OnMarketer Mobile Edition, OnMarketer Master Edition & OnLetterhead. OnMarketer Web Edition, OnMarketer Outlook Edition, OnMarketer Mobile Edition, OnMarketer Master Edition & OnLetterhead will be collectively referred to in this Terms of Service document as the OnMarketer Solutions.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement at http://www.onletterhead.com & http://www.onmarketer.com for disclosures relating to the collection and use of your personal information.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
In order to open an OnMarketer Solutions account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You then will choose a user name and password. You are entirely responsible for maintaining the confidentiality of your account and password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Monsoon Interactive immediately of any unauthorized use of your account or any other breach of security. Monsoon Interactive will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Monsoon Interactive or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Monsoon Interactive reserves the right to change the terms, conditions, and notices under which the Monsoon Interactive Site/Services/ OnMarketer Solutions are offered, including, but not limited to, the charges associated with the use of the Monsoon Interactive Site/Services/ OnMarketer Solutions. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular web sites. Your continued use of the Monsoon Interactive Site/Services/ OnMarketer Solutions constitutes your agreement to all such terms, conditions, and notices.
LINKS TO THIRD PARTY SITES
Any dealings with third parties (including advertisers) included within the Monsoon Interactive Site/Services/ OnMarketer Solutions or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Monsoon Interactive shall not be responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Monsoon Interactive Site/Services/ OnMarketer Solutions, you will not use the Monsoon Interactive Site/Services/ OnMarketer Solutions for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Monsoon Interactive Site/Services/ OnMarketer Solutions in any manner that could damage, disable, overburden, or impair any Monsoon Interactive Site/Services/ OnMarketer Solutions (or the network(s) connected to any Monsoon Interactive Site/Services/OnMarketer Solutions) or interfere with any other party's use and enjoyment of any Monsoon Interactive Site/Services/OnMarketer Solutions. You may not attempt to gain unauthorized access to any Monsoon Interactive Site/Services/OnMarketer Solutions, other accounts, computer systems or networks connected to any Monsoon Interactive Site/Services/OnMarketer Solutions, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Monsoon Interactive Site/Services/OnMarketer Solutions.
USE OF SERVICES
The Monsoon Interactive Site/Services/OnMarketer Solutions may contain email services, file storage, and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise); Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information; Publish, post, upload, distribute, or disseminate any topic, name, material or information that incites discrimination, hate, or violence towards one person or a group because of their belonging to a race, a religion, or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes; Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same; Use any material or information, including images or photographs, which is made available through the Monsoon Interactive Site/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. Use meta tag searches on the web sites; Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software, or other material contained in a file that is uploaded; Restrict or inhibit any other user from using and enjoying the Email Client; Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; Harvest or otherwise collect information about others, including email addresses; Violate any applicable laws or regulations; Create a false identity for the purpose of misleading others; Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity, any directory of users of an Monsoon Interactive Site/Services or other user or usage information or any portion thereof. Monsoon Interactive reserves the right at all times to disclose any information as Monsoon Interactive deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Monsoon Interactive's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Monsoon Interactive Service. Monsoon Interactive does not control or endorse the content, messages, or information found in the Monsoon Interactive Service and, therefore, Monsoon Interactive specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to an Monsoon Interactive Service may be subject to posted limitations on usage, reproduction, and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO MONSOON INTERACTIVE
SOFTWARE AND CONTENT AVAILABLE THROUGH THE MONSOON INTERACTIVE SITE/SERVICES
All content and software (if any) that is made available to view and/or download in connection with the Monsoon Interactive Site/Services/OnMarketer Solutions, excluding content and/or software that may be made available by end users through a Communication Service ("Software"), is owned by and is the copyrighted work of Monsoon Interactive and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
STORAGE SPACE AND OTHER LIMITATIONS
You agree that Monsoon Interactive may establish limits concerning use of any Monsoon Interactive Service offered on an Monsoon Interactive Web site, including without limitation the maximum number of days that email messages will be retained by any Monsoon Interactive Service, the maximum number of email messages that may be sent from or received by an account on any Monsoon Interactive Service, the maximum size of an email message that may be sent from or received by an account on any Monsoon Interactive Service, the maximum disk space that will be allotted on Monsoon Interactive's servers on your behalf, and the maximum number of times and duration you may access any Monsoon Interactive Service in a given period of time.
You agree that Monsoon Interactive has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Monsoon Interactive Service.
MONSOON INTERACTIVE MAKES NO WARRANTY THAT ANY MONSOON INTERACTIVE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
NO SPAM; DAMAGES
Monsoon Interactive will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Monsoon Interactive liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Monsoon Interactive's actual damages, to the extent such actual damages can be reasonably calculated.
This agreement is governed by the laws of the State of Ohio, USA. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Ohio, USA in all disputes arising out of or relating to the use of the Monsoon Interactive Site/Services/OnMarketer Solutions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Monsoon Interactive as a result of this agreement or use of the Monsoon Interactive Site/Services/OnMarketer Solutions. You agree to indemnify and hold Monsoon Interactive, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Monsoon Interactive Site/Services. Monsoon Interactive reserves the right to disclose any personal information about you or your use of the Monsoon Interactive Site/Services, including its contents, without your prior permission if Monsoon Interactive has a good-faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Monsoon Interactive or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Monsoon Interactivesâ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Monsoon Interactive's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Monsoon Interactive Site/Services/OnMarketer Solutions or information provided to or gathered by Monsoon Interactive with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Monsoon Interactive with respect to the Monsoon Interactive Site/Services/OnMarketer Solutions and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Monsoon Interactive with respect to the Monsoon Interactive Site/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Monsoon Interactive Web sites are: Copyright © 2008 Monsoon Interactive LLC. and/or its suppliers, 360 South Reynolds Road, Suite B, Toledo, Ohio 43615. All rights reserved.
Monsoon Interactive and/or other Monsoon Interactive products and services referenced herein may also be either trademarks or registered trademarks of Monsoon Interactive in USA/Canada and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
MONSOON INTERACTIVE BILLING
Charges on your Billing Account
Monsoon Interactive bills you through an online account (your "Billing Account") for services and items obtained under this Agreement (the "Products"). You agree to pay Monsoon Interactive all charges at the prices then in effect for any Products ordered by you or other persons (including your agents) using your Billing Account, and you authorize Monsoon Interactive to charge your chosen payment method (your "Payment Method") for such Products. You agree to make payment using that selected Payment Method. Charges on your Billing Account will be summarized for you online (your "Online Statement"). You will have one Online Statement per Billing Account. Monsoon Interactive reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE, AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY MONSOON INTERACTIVE IF YOUR PAYMENT METHOD IS CANCELLED (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. IF YOU FAIL TO PROVIDE MONSOON INTERACTIVE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT MONSOON INTERACTIVE MAY CONTINUE CHARGING YOU FOR ANY SERVICE/PRODUCT PROVIDED UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR SUCH SERVICE/PRODUCT (CONFIRMED IN WRITING UPON REQUEST).
Currency exchange settlements will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If Monsoon Interactive does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
Prices for all Products exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible by law, you agree to be responsible for any applicable taxes and telecommunication charges, whether or not such amounts are itemized on your Online Statement or charged to your Billing Account or Payment Method.
Any agreement you have with the Payment Method Provider will govern your use of your Payment Method. You agree that Monsoon Interactive may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
MONSOON INTERACTIVE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE MONSOON INTERACTIVE REASONABLY COULD ACT.
Your non-termination or continued use of the Products/Services on your Billing Account reaffirms that Monsoon Interactive is authorized to charge your Payment Method. Monsoon Interactive may submit those charges for payment and you will be responsible for such charges. Those submissions will not waive Monsoon Interactive's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially ordered the applicable Product.
Subject to any withdrawal right you may have under applicable law, charges are non-refundable unless the price-plan terms expressly say otherwise. Except as otherwise required by law, the costs of any returns if permitted will be at your expense. DESIGN WORK IS NOT REFUNDABLE UNDER ANY CIRCUMSTANCES.
OnMarketer Solutions are available for an evaluation period. Customers are encouraged to fully evaluate the software prior to purchasing a software license. Evaluation software may be downloaded from www.onletterhead.com, www.onmarketer.com or any distributor websites, is fully functional, and includes complete online documentation. During the evaluation period, technical support is available by sending e-mail to firstname.lastname@example.org.
Due Date: Late Charge; Collection Costs
The amount due to OnLetterhead for your Billing Account must be paid in full by your Payment Method Provider on the date such payment is requested by Monsoon Interactive, not later than 30 days after the billing date; you are not entitled to carry forward a balance. You agree to pay late charges that may be assessed by Monsoon Interactive on amounts due but not timely paid. The late charge will be 1% per month (or 12% per annum) on the total amount due but not paid; but, if such rate is in excess of any allowable rate under applicable laws, then you will instead be charged the maximum rate that is permitted by law. Monsoon Interactive reserves the right to refer your Billing Account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of this Agreement and in collection of any delinquent amounts due, including reasonable attorneys' fees and costs.
If Monsoon Interactive does not receive payment for any charge to your Billing Account, you will be in default and Monsoon Interactive may suspend or cancel your Billing Account and your access to any or all Monsoon Interactive Products. If your Payment Method Provider seeks return of payments previously made to Monsoon Interactive, but Monsoon Interactive in good faith believes that you are liable for the charge and applicable law allows the Payment Method Provider to seek payment from you, you will also be in default and Monsoon Interactive may cancel your Billing Account and your access to any or all Products. CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH CANCELLATION OR SUSPENSION, MONSOON INTERACTIVE MAY STOP DELIVERY OF ANY PRODUCT, AND ANY INFORMATION YOU HAVE STORED ON AN MONSOON INTERACTIVE SERVICE MAY NOT BE RETRIEVED AT A LATER DATE.
Termination, Cancellation, or Suspension
Monsoon Interactive may, in its discretion, terminate, cancel, or suspend an accepted order if Monsoon Interactive is notified that your Payment Method has expired or has been canceled, or if Monsoon Interactive has reason to believe that any Billing Account information provided to Monsoon Interactive is untrue, inaccurate, not current, or incomplete. Termination, cancellation, or suspension, whether by you or Monsoon Interactive, will not alter your obligation to pay all charges made to your Billing Account before such termination, cancellation, or suspension (including charges made after termination by you but before Monsoon Interactive could reasonably act on your termination notice). You will not be entitled to any refunds upon termination, cancellation or suspension unless the applicable agreement expressly so provides.
You represent and warrant that: (1) you are at least 18 years of age or the age required or allowed under applicable law for making a legal and binding contract; (2) all information that you submit is true and accurate (including without limitation information relating to your Payment Method); and (3) you are an individual (or in the case of an entity, an agent of the entity) authorized to use the designated Payment Method. You agree to pay for all charges (including charges by other persons) and to comply with your responsibilities and obligations as stated in this Agreement. If you are an agent of an entity user, you represent and warrant that you are duly authorized to legally bind the entity to all terms and conditions of this Agreement and that you have made the entity aware of them. You agree not to assign, transfer, or sublicense any rights in your Billing Account. Monsoon Interactive may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove your agreement or consent in any manner, including, without limitation, by showing that a procedure existed by which you must have provided consent or engaged in conduct to obtain the applicable Products.
CONSUMER DISCLOSURES AND CONSENTS FOR ELECTRONIC INFORMATION
Disclosure to Receive All Information in Electronic Form
ALL INFORMATION THAT MONSOON INTERACTIVE IS REQUIRED BY LAW TO SEND TO YOU REGARDING THE SUBSCRIPTIONS, SERVICES, AND OTHER ITEMS PROVIDED TO YOU UNDER THIS AGREEMENT, INCLUDING ANY BILLING AND PAYMENT INFORMATION (COLLECTIVELY REFERRED TO AS "REQUIRED INFORMATION"), AND ANY OTHER INFORMATION PROVIDED TO YOU FROM MONSOON INTERACTIVE, WILL BE PROVIDED TO YOU IN ELECTRONIC FORM ONLY. MONSOON INTERACTIVE WILL PROVIDE ALL REQUIRED INFORMATION TO YOU IN ELECTRONIC FORM EITHER: (1) VIA EMAIL AT THE EMAIL ADDRESS YOU SPECIFY DURING YOUR SIGN-UP FOR SUBSCRIPTIONS, SERVICES, OR OTHER ITEMS UNDER THIS AGREEMENT; (2) BY ACCESS TO AN MONSOON INTERACTIVE WEB SITE THAT WILL BE DESIGNATED IN AN EMAIL NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE; OR (3) TO THE EXTENT PERMISSIBLE BY LAW, BY ACCESS TO AN MONSOON INTERACTIVE WEB SITE THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE.
Consent to Receive All Information in Electronic Form
YOU AGREE THAT BY ACCEPTING THE TERMS IN THIS AGREEMENT, YOU CONSENT TO RECEIVE REQUIRED INFORMATION, AND ANY OTHER INFORMATION PROVIDED TO YOU FROM MONSOON INTERACTIVE, SOLELY BY ELECTRONIC COMMUNICATION. YOU ALSO CONFIRM THAT YOUR COMPUTER SATISFIES THE HARDWARE AND SOFTWARE REQUIREMENTS STATED ABOVE FOR RECEIVING, ACCESSING, DISPLAYING, PRINTING, AND STORING COPIES OF SUCH REQUIRED INFORMATION, AND YOU CONFIRM THAT YOU HAVE PROVIDED MONSOON INTERACTIVE A CURRENT EMAIL ADDRESS FOR RECEIVING REQUIRED INFORMATION.
Hardware and Software Requirements
In order to receive Required Information electronically from Monsoon Interactive, you must have an email address and submit it to Monsoon Interactive upon sign-up for any subscription, service, or other item provided under this Agreement. Your computer also must have either Internet Explorer 5.x (or above) or Netscape Navigator 6.x (or above) and an email software program capable of sending and receiving email from Monsoon Interactive via the Internet. You must be running Windows as an operating system. Finally, your computer must be capable of receiving, accessing, displaying, and either printing or storing Required Information received in electronic form from Monsoon Interactive via an email or by access to an Monsoon Interactive Web site using one of the browsers specified above.
Changes to Hardware and Software Requirements
In the event that there are any changes to the hardware and software requirements listed above that are likely to have a significant impact on your ability to receive, access, display, store, and print Required Information that Monsoon Interactive sends to you in electronic form, Monsoon Interactive will notify you of these changes. In such case, you will be required to reconfirm your agreement to receive, and your ability to access, such Required Information in electronic form in order to avoid any disruption in the subscriptions, services, or other items provided to you under this Agreement. You may, however, always choose to withdraw your consent to receive Required Information in electronic form according to the instructions set forth without the imposition of any fees, but Monsoon Interactive may terminate your Billing Account and any subscriptions, services, or other items provided to you if you do so.
© 2008 Monsoon Interactive. All rights reserved.
http://www.onmarketer.com & http://www.onletterhead.com