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Terms of Service
** Section titles in this document are exclusively used for the convenience of StayInTouchmail™ and its Users. They have no legal or contractual significance.
1) Acceptance of Terms of Service
The StayInTouchmail™ service is provided to the User under the terms and conditions set forth in this Terms of Service (TOS) document. These TOS comprise the entire agreement between the User and StayInTouchmail™ and supersede any prior agreements between the User and StayInTouchmail™.
You as a User indicate you agree to these terms of service:
• By clicking the “I Accept” button when creating an user account; and
• Each time you (and any other person using your User ID and password) click on the “Send” button.
StayInTouchmail™ may modify the terms and conditions of the TOS without notice to the User. The changes may be seen by reviewing this document before utilizing StayInTouchmail™’s services.
2) Termination of Service
It is under the sole discretion of StayInTouchmail™ to establish whether or not User’s actions are consistent with the spirit intended in this Terms of Service (TOS) document. StayInTouchmail™ may terminate service if the User’s actions are found to be inconsistent with the TOS.
StayInTouchmail™, without any notice to the User, may:
• disallow access to StayInTouchmail™’s website and service;
• remove and discard any content the User may have stored on the website;
• refuse to mail postcards; and
• terminate this website or any of its features.
StayInTouchmail™ will not be held liable for any consequences of suspension/termination of access to service or content. Upon termination of service any account balance will be refunded to the User’s credit card (excluding accounts terminated due to inactivity).
3) Modification to Service
StayInTouchmail™ reserves the right to modify the service with or without notice to the user. The current service/pricing agreement may be viewed in the Help page and Terms of Service page prior to utilizing StayInTouchmail™’s services. StayInTouchmail™ will not be held liable to Users for any results stemming from StayInTouchmail™ exercising its right to modify the service.
4) Privacy Policy
StayInTouchmail™ will not sell or give away the User’s personal information (including email addresses) to third parties.
StayInTouchmail™ reserves the right to co-operate with both law enforcement agencies (with or without lawful order to disclose) and/or the US Postal Service. To these parties StayInTouchmail™ will provide access to the User’s personal information and message content with or without lawful order to disclose.
Communications may be sent from StayInTouchmail™ regarding promotions or information from StayInTouchmail™ and our partners. During sign-up the User can indicate whether they are interested in receiving these emails.
Please see our Privacy Statement for further details.
5) Personal Information
By agreeing to the Terms of Service the User indicates that personal information provided to StayInTouchmail™ is true, accurate, and current.
Users must recognize and accept that StayInTouchmail™ will not to be used as an anonymous mail service. It is the User’s responsibility to ensure their address in the profile is correct - it is a breach of U.S Postal Regulations to show a false return address on mail.
6) Limitations on Service
The StayInTouchmail™ service is offered exclusively to residents of the United States. Users must be of age 18 or older to utilize the service.
The User must provide all equipment (including modem and computer) and access to the internet (including telephone service fees) necessary to use the StayInTouchmail™ service.
StayInTouchmail™ postcards may be sent only within the 50 United States.
7) User Conduct
The User agrees to not use StayInTouchmail™ services for illegal purposes.
StayInTouchmail™ will not tolerate any messages which are abusive, harassing, hurtful, obscene, threatening, unlawful, vulgar, or which encourage another to conduct an act that could constitute a criminal offence.
StayInTouchmail™ will not at any point become involved in the act of creating User postcards. Messages will not be reviewed before sending; therefore, the User must accept all liability which may arise from all postcards that they (and any other person using their User ID and password) send though StayInTouchmail™.
The User agrees not to perform any actions which may interfere or disrupt the StayInTouchmail™ website, network, or service. Attempt to gain unauthorized access to StayInTouchmail™ systems is prohibited.
8) Contact of Notice
All notices from StayInTouchmail™ to the User will be sent via email. It is the User’s responsibility to ensure the email address in their profile is kept current. Notice is considered received by the User 24 hours after the email is sent by StayInTouchmail™.
9) Retail Policies
All pricing on the StayInTouchmail™ website is quoted in United States dollars.
The User may add credits to their account online with a credit card. If in the first seven days after adding the credit to the account the User finds they are unsatisfied with StayInTouchmail™’s services, for any reason, StayInTouchmail™ will refund any unused credit to the User. Written notice regarding the refund must be given from the User to StayInTouchmail™ prior to 9:00 AM eight calendar days after the date on which the credit was created. Written notice is to be submitted to StayInTouchmail™ Customer Support via email.
Should the User’s account remain inactive for a period of one year StayInTouchmail™ reserves the right to terminate the User’s account. The User will not receive a refund for any unused credits when their account is terminated due to inactivity.
No interest will be paid on any balance held in StayInTouchmail™ credits.
10) The User Must Comply with all Laws.
The User must agree that when creating and sending postcards using StayInTouchmail™ they will not violate United States federal, state, or local laws, statutes, regulations, or ordinances.
11) The User is Responsible for Content.
StayInTouchmail™ does not at any time become involved in the creation process. Messages will not be verified or reviewed by StayInTouchmail™ prior being sent. The User accepts all liability that may arise from the content of their postcard.
The User must verify that any text, graphics, or images the User places on a postcard are not protected by federal copyright laws. It is a violation to use material that is subject to a copyright without the consent of the owner of the copyright.
12) Indemnity
The User will indemnify and hold StayInTouchmail™ and StayInTouchmail™ parent companies, subsidiaries, affiliates, officers, shareholders, employees, agents, and partners harmless from any loss, cost, claim, demand, or other harm of any kind, including reasonable attorneys’ fees, due to or arising out of the:
• the User’s (and any other person using the User’s ID and password) use of the StayInTouchmail™ website,
• postcards sent from the User’s account,
• the violation of these TOS by the User, and
• the User’s information.
13) Disclaimer of Warranties
The User accepts that use of StayInTouchmail™’s website is at the User’s sole risk. StayInTouchmail™ services are provided to the User on an “as is” and “as available” basis.
StayInTouchmail™ disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
StayInTouchmail™ makes no warranty that:
• the service will meet your requirements;
• the website will be uninterrupted, timely, secure, or error-free;
• the results that the User may obtain from the use of the service will be accurate or reliable; and
• any errors in the Software will be corrected.
Any material downloaded or otherwise obtained through the use of this website is done at the User’s own risk and the User is solely responsible for any damage to their computer system or loss of data that results from the download of such material or data.
No advice or information, whether oral or written, obtained by the User from StayInTouchmail™ or from this website shall create any warranty not expressly stated herein this Terms of Service document.
14) Limitation of Liability
StayInTouchmail™ shall not be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (even if StayInTouchmail™ has been advised of the possibility of such damages) resulting from:
• the use or the inability to use the service;
• the cost of procurement of substitute goods and services resulting from any goods or services purchased or obtained;
• alteration or unauthorized access of transmissions or data; and
• any other matter relating to this website and service.
15) Proprietary Rights
This website, its content, and any software created in connection with it are protected by applicable intellectual property laws. All material and concepts contained within the website StayInTouchmail™ considers proprietary and confidential. Without expressly authorized consent from StayInTouchmail™ the User agrees not to copy, reproduce, distribute, or create derivative works from this content.
16) General Information and Disclosure
This website is provided by IC Creative, Inc., located at 5300 w. Arkansas Lane, Suite 116, Arlington, Texas. This Terms of Service document and the agreement created between the User and IC+Creative is governed by the laws of the State of Texas.
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