Terms of Service and Acceptable Use

I agree that I will not use any Mailworkz software and services (“Solutions”) in conjunction with any type of Internet abuse.

These include, but are not limited to:

Spam or UCE.
Internet activity that is clearly abusive, hate, or pornographic in nature. Inappropriate Internet posting in forums or news groups.

If the use of Mailworkz Solutions results in a complaint to Mailworkz we reserve the right to suspend or cancel your account at our discretion.

The Mailworkz Solutions may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name or use an invalid or unauthorized credit card. We reserve the right to monitor any activity and content associated with your use of our Site, our Software, or our Services. We may investigate any reported violation of our policies or complaints and take any action we deem appropriate, including issuing warnings, suspending or terminating the Services, denying access, and/or removal of any materials on the Site. We reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. We also reserve the right to access and disclose any information relating to your use of our Site, our Software, or our Services, if we feel, in our sole discretion, that accessing or disclosing such information is necessary or appropriate in order to comply with any governmental request, protect our reputation, or to protect ourselves against potential liability. We reserve the right to remove, screen, or edit any content that violates these provisions or is otherwise objectionable to us in our absolute discretion.

Free Trial, Fees and Payment for Mailworkz Solutions

Eztrackz:

Please note if you are signing up for a trial version of Eztrackz, both the subscription and your links will no longer be active as of the expiration date that is displayed on your account screen.

If the use of Eztrackz tracking links results in a complaint to Eztrackz we reserve the right to suspend or cancel your account at our discretion.

For non-trial versions I understand I will be billed at the yearly contracted rate when I initiate the service. Credit card statement will read a charge from Mailworkz. I understand that my credit card will be billed for subsequent yearly service on my anniversary date at the rate specified on that date for my service level, unless I have notified Eztrackz in writing of my wish to discontinue service. This notification must be received with at least 30 days prior to the anniversary date. If we have not received your cancellation notice within 30 days prior to your anniversary date, you will be billed and your charge will not be refunded. I understand that I can upgrade my subscription at any time during the contract. The only time I can reduce my subscription to a lesser edition is on my anniversary date and I must notify Eztrackz in writing within at least 30 days prior to the anniversary date. If this is a first time purchase of the first year of Eztrackz service there will be a 15 day period during which the service can be cancelled and a full refund issued.

For non-trial versions I understand that if the number of clicks exceeds the per month contracted amount I will be billed for overage charges. For Copper subscribers, overage charges will be calculated at $.025 per click above the monthly contracted amount. For Bronze, Silver and Gold subscribers overage charges will be calculated at $.01 per click above the monthly contracted amount. For Platinum subscribers overage charges will be calculated at $.001 per click above the monthly contracted amount.

Please note your clicks will be reset to zero at the beginning of each calendar month.

Overages will automatically be billed within 5 days of month end to the credit card on file. Customers are expected to keep credit card information current. Failure to pay overages as a result of invalid or expired credit card information within 10 days of month end, will result in immediate termination of your account and no refund will be issued.

Account Security - You are responsible for maintaining the privacy of your account information, including the secrecy of your password.

I understand that I use this service at my own risk. Although all attempts will be made to provide complete availability of the service, we will not be responsible for lost sales or profits due to the failure of the service or unavailability of this service. Furthermore, we will not be liable for any indirect, incidental, punitive, and consequential damages, arising out of or in connection with this agreement, our site, our software, our services, your inability to use the site, the software or the services, or those resulting from any goods or services obtained through the use of our software or services.

By registering for and using our software and services, you are hereto agreeing to allow us to use your company name in our client list unless informing us otherwise within thirty days of your purchase.

By registering for and using our software and services, your are agreeing to be bound by the terms and conditions of this agreement, without any modification, by continuing to use this site and service thereafter, you will also be agreeing to be bound by any changes to the terms of this agreement that we have posted on our site for a period of thirty days. Posting of such modifications on our site will be the only notice you are entitled to receive of changes to this agreement.

Liability Exemption - You agree to hold Mailworkz staff and affiliates exempt of all blame, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service.

Mailworkz may terminate this Agreement or the Services, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. Mailworkz shall have no liability to you or any third party because of such termination or action.

No Reproduction or Alteration - You agree not to exploit, reproduce, resell, or modify any Mailworkz solutions.

Termination of Service - Mailworkz reserves the right to terminate your service at anytime, as a result of those actions deemed inconsistent with the spirit or nature of the Conditions of Service. This includes the forfeiture of any pre-paid services. Conditions of the Service Contract - Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Mailworkz or through or from the service shall create any warranty not expressly stated in the Conditions of Service.

General Information - The Condition of Services includes the entire agreement between you and Mailworkz and governs your use of the Service, and has power over any prior agreements between you and Mailworkz. The affiliation between you and Mailworkz shall be governed by the laws of the Province of Nova Scotia. The failure of Mailworkz to exercise or enforce any right or stipulation of the Condition of Services shall not constitute a waiver of such right or provision.

Violation of Conditions of Service - Failure to accept and comply with all Service Conditions will result in immediate termination from Mailworkz service, including forfeiture of pre-paid service. Please report any violations of the Conditions of Service to the Mailworkz Staff, support@Mailworkz.com.

The Service is provided "AS IS"WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Except for allowing you to utilize the Service for your personal use, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Mailworkz or other companies with which we are affiliated. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER Mailworkz PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS.

Technical support for Mailworkz will be available Monday - Friday 8:00 AM - 4:00 PM Eastern time. Excluding US and Canadian national holidays.