I. User Accounts
- Your login may only be used by one person – a single
login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your
account and password. We cannot and will not be liable for any loss
or damage from your failure to comply with this security
obligation.
- You may not use the Service for any illegal or unauthorized
purpose. You must not, in the use of the Service, violate any laws
in your jurisdiction (including but not limited to copyright
laws).
II. Anti SPAM Policy
- MicroPoll expressly forbids SPAM (the term "SPAM"
meaning the sending of unsolicited e-mail to parties unknown to the
sender). MicroPoll has a zero tolerance SPAM policy. Any customer
found to be using MicroPoll for SPAM will have their account
subject to immediate termination.
- MicroPoll may only be used in connection with e-mail lists for
which recipients have voluntarily registered. Using MicroPoll to
send e-mail to an address you obtain without the consent of such
addressee is a violation of the MicroPoll Terms of Use. You may not
import any e-mail addresses to your list that have not chosen to
receive your mailings. You may only send e-mail to customers that
have willingly signed up to receive your mailings. If MicroPoll
receives complaints about your list, your account is subject to
immediate termination. You may not send mail under any company or
organization name other than your own and/or with fraudulent header
or source information.
- We cannot and do not, monitor, censor or edit the contents of
email messages sent using our system. Users alone are responsible
for the contents of their messages and the consequences of any such
messages. We do not assume any responsibility or liability for
messages or other content that is created by our users. You may not
send, post, distribute or disseminate any defamatory, obscene, or
otherwise unlawful messages, material or information, including
another person's proprietary information (including trademarks,
trade secrets, or copyrighted information) without express
authorization from the rights holder.
- We will cooperate with legal authorities in releasing names and
IP addresses of users who are involved in SPAM or other illegal
activities.
III. Free Account, Payments, Refunds, Upgrading,
Downgrading
- You have the option of utilizing the Free Account to
trial the software. The Free Account does not expire unless until
it is expressly canceled. You can upgrade to any of the paid
licenses at any point of time. An upgrade from the Free Account to
any paying plan will end your Free Account. You will be billed for
your first month immediately upon upgrading. Once the Free Account
is upgraded to a paid license, it cannot be reverted to a free
account.
- After upgrading to a paid account, there is a 30 Day
Money Back Guarantee. This guarantee is valid starting the day that
you INITIALLY upgrade your account. If you are not satisfied with
the service for any reason, you may submit a request to have your
payment refunded.
- The Service is billed in advance on a monthly or annual
basis, depending upon the license you purchase and is
non-refundable. There will be no refunds or credits for partial
months of service, upgrade/downgrade refunds, or refunds for months
unused with an open account. Unfortunately we cannot make any
exceptions.
- All fees are exclusive of all taxes, levies, or duties imposed
by taxing authorities, and you shall be responsible for payment of
all such taxes, levies, or duties, excluding only United States
(federal or state) taxes.
- For any upgrade in plan level, your credit card that you
provided will automatically be charged the new rate on your next
billing cycle.
- Downgrading your Service is not
permitted.
- MicroPoll reserves the right to change our license fees upon 30
days notice from us. Fee change notices may be posted to the
Service or on the website.
IV. Cancellations
- You are solely responsible for properly cancelling your
account. An email or phone request to cancel your account is not
considered cancellation. You can cancel your account at any time by
clicking on the My Account link in the global navigation bar at the
top of the screen. The Account screen provides a simple
cancellation link.
- All of your Content will be immediately deleted from the
Service upon cancellation. This information can not be recovered
once your account is cancelled.
- If you cancel the Service before the end of your current paid
up month, your cancellation will take effect immediately and you
will not be charged again.
- MicroPoll, in its sole discretion, has the right to suspend or
terminate your account and refuse any and all current or future use
of the Service, or any other MicroPoll service, for any reason at
any time. Such termination of the Service will result in the
deactivation or deletion of your Account or your access to your
Account, and the forfeiture and relinquishment of all Content in
your Account. MicroPoll reserves the right to refuse service to
anyone for any reason at any time.
V. Title and Intellectual Rights
- So long as User is in compliance with the Terms of Use,
including but not limited to, payment for the Service, all rights,
title and interest to any and all work produced and created by user
pursuant to or in connection with the use of the Service shall vest
in the User.
- If User is in breach of the Terms of Use, User is not entitled
to any Intellectual Property Rights untill such breach is
cured.
VI. General Conditions
- We provide space for hosting communities, but make no implied
or express warranties about the reliability of this space or
related services. We are not responsible for any deletion,
alteration, or loss of communities or results due to network or
system outages, file corruption, accidental deletion,
incompatibilities or any other reasons. We makes no guarantees as
to server reliability, speed, or consistency, and cannot be held
liable for such.
- We make no guarantee of the accuracy, correctness, or
completeness of any information on these web pages, communities,
databases, or results and are not responsible for any errors or
omissions arising from the use of such information; any failures,
delays, or interruptions in the delivery of any content or services
contained on our servers; or losses or damages arising from the use
of the content or services provided by us.
- You agree to indemnify us against any and all claims and
expenses, including attorneys' fees, arising from the use of this
service. This expressly includes your responsibility for any and
all liability arising from the violation or infringement of
proprietary rights or copyrights and any libelous or unlawful
material contained within your community.
- Verbal, physical, written or other abuse (including threats of
abuse or retribution) of any MicroPoll customer, employee, member,
or officer will result in immediate account termination.
- For communities created in connection with the Products, you
acknowledge and agree that MicroPoll may add an identifying footer
stating "Powered by MicroPoll" or a similar message. Any explicit
attempt to remove this (html, javascript, css) is a violation of
the Terms of Service.
- In your use of the Products, you agree to represent you or your
organization accurately and will not impersonate any other person,
whether actual or fictitious.
- In using the varied features of the Products, you may provide
information about yourself or your employer (such as name, contact
information, or other registration information) to Us. We may use
this information and any technical information about your use of
the Products to tailor its presentations to you, facilitate your
movement through the Product, communicate separately with you or
publish the fact that your are a user of our services.
- All correspondence with The Company should be addressed to 3518
Fremont Ave N #598, Seattle, WA, 98103. This agreement is subject
to the laws of the State of Washington. User agrees to waive
questions of jurisdiction and venue and agrees that all disputes
brought by User shall be in the courts of King County,
Washington.
- All inquiries related to billing and credit card charges should
be made in writing to ATTN: Billing/Invoices, 3518 Fremont Ave N
#598, Seattle, WA, 98103.
- The Terms of Use constitutes the entire agreement between you
and MicroPoll and govern your use of the Service, superceding any
prior agreements between you and MicroPoll (including, but not
limited to, any prior versions of the Terms of Use).
- We reserve the right to amend or change these guidelines at any
time, without notice.
VII. Prohibited Uses
- Illegal Activities - Any activity which violates local, state,
federal or international law. Examples include: Posting or
disseminating illegal material (such as child pornography or
obscene material.)
- Security - Attempting to gain unauthorized access to any
network; attempting to disrupt network services or services of
external networks using the Service; attempting to gather third
party personal information without consent. Examples include: DoS
attacks, computer virus distribution or the transmission of any
other software or application that contains features harmful to any
network.
- Bandwidth, Data Storage and Other limitation - Use of the
network infrastructure and service in a manner that puts an
excessive burden on the limitations of the network.
VIII. Reseller Policy
- MicroPoll reserves the right to refuse anyone access to the
reseller program.
IX. Termination
- Any violation of the Terms of Use constitutes grounds for
immediate termination of a user account without notice or refund.
Upon such termination, We shall have no liability or responsibility
to you or any third-party.
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