Terms of service — Postmark

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• Entity Report an error

  “the entire agreement between AC PM, LLC (“AC PM”, “We”, “Us” or “Our”) and you (“You”, “Your” or the “User”)”

• Minimum age Report an error

  “You must be at least 18 years of age or older to access or use the Service.”

• Privacy policy URL Report an error

  “Please refer to our Privacy Policy (https://www.activecampaign.com/legal/privacy-policy)”

• Spam complaint limit Report an error

  “Your spam complaint rate must be lower than 1 in 1,000 emails (0.1%).”

• Bounce rate limit Report an error

  “Your bounce rate has to be lower than 10% of all emails sent.”

• Permission based lists required Report an error

  “All email lists contained and/or used with respect to the Service must be permission-based subscriptions. Use of a list that has been purchased or rented from a third party is prohibited.”

• Auto renewal Report an error

  “At the end of each billing period the plan contract will automatically renew indefinitely until explicitly cancelled by the User.”

• Expired quota Report an error

  “Any unused emails from the monthly email send limit included in the chosen plan expire at the end of the month, and do not roll over to subsequent periods.”

• Overage charges Report an error

  “If You exceed the monthly email send limit in a billing period, You will incur additional charges for the billing period.”

• Refund policy credit based Report an error

  “If you are not satisfied with the Service, AC PM will issue a refund for any unused Postmark credits from your first purchase within 90 days of that purchase.”

• Chargeback policy Report an error

  “AC PM has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently banned from using the Service.”

• Liability cap Report an error

  “THE TOTAL LIABILITY OF AC PM AND THE OTHER AC PM PARTIES IS EXPRESSLY LIMITED FOR ANY REASON AND UPON ANY CAUSE OF ACTION TO THE AMOUNT YOU ACTUALLY PAID, IF ANY, BY YOU TO AC PM FOR THE SERVICE DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU CLAIM THE CAUSE OF ACTION ACCRUED.”

• Termination rights Report an error

  “We reserve the right, without notice and in our sole discretion, to terminate Your account at any time and for any reason.”

• Governing law Report an error

  “These Terms and your access to and use of the Service will be governed by and construed and enforced in accordance with the laws of State of Illinois, without regard to conflict of law rules or principles”

• Claims time limit Report an error

  “any claim or cause of action that You may wish to assert related in any manner to the Service or these Terms must be filed within one (1) year after such claim or cause of action accrued or be forever barred”

• Data location Report an error

  “By accessing or using the Service, You consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.”

• Content use for training Report an error

  “As a part of the Service, We may view, copy, and internally use Messaging Content to train and improve the Service, including its functionality and effectiveness, as well as to detect issues.”

• Messenger content license Report an error

  “You grant AC PM a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, adapt, publish, translate, distribute, and display Your Messaging Content to the recipients or audience designated by you”

• Publicity rights Report an error

  “You agree that We may, but have no obligation, to identify You as a customer of AC PM and that AC PM may, in its sole discretion, refer to You by name, trade name, trademark, logo and other proprietary marks or words”

• Terms update notice Report an error

  “We may update these Terms from time to time. Unless otherwise required by law, We will notify You of such changes by posting the updated Terms to the Site and updating the “Effective” date above.”

• Termination data loss Report an error

  “In the event of termination, You will lose all data related to Your account. An account terminated by AC PM will not be backed-up for any reason and will be immediately terminated from AC PM's servers”

• Warranty disclaimer Report an error

  “THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED”

• Third party payment processor Report an error

  “AC PM may offer use of a payment card as a convenience to its customers and use a third-party payment processor to process payment transactions.”

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