Through belongSURVEY (the "Software Application Services") Marathon Technology Services, LLC ("Provider") provides web site operators and other individuals a variety of tools and resources to collect visitor e-mail addresses and to create, launch, and manage online surveys. This service may not be used for the sending of unsolicited e-mail (sometimes called "spam"). See our Anti-Spam Policy. This Agreement is a legal agreement between the User and Provider for the belongSURVEY.com Software Application Services you subscribe to. These Software Application Services include computer software, data storage mechanisms, databases and related designs, printed materials, and online or electronic documentation (Software Application Services, Application Services, or Software). By using the Software Application Services, you agree to be bound by the terms of this Customer Agreement. If you do not agree to the terms of this Customer Agreement, you are not authorized to use the Software Application Services.
You agree to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity, and that Provider may change its minimum pricing at any time. User must supply Provider with correct credit card information, and any changes in credit card validity or expiration date must be updated. Provider will automatically renew and charge User's account every month, quarter, or year for subscriptions. The renewal charge will be equal to the original subscription price, unless Provider notifies User otherwise in advance. If the credit card cannot be processed for any reason, Provider reserves the right to cancel the Service.
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Provider of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Provider cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You agree to not use the Service to:
You also agree not to intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law.
Although Provider has no obligation to review the content provided by you or your use of the Survey Tool, Provider may do so and may block any email messages and or terminate any use of the Survey Tool that Provider believes may be (or is alleged to be) in violation of the foregoing.
You also agree not to upload survey links to message boards or newsgroups without express permission.
Email and Prohibited Content
Email messages sent in connection with the Survey Tool must contain an "unsubscribe" link that allows subscribers to remove themselves from your email messages. You acknowledge and agree that you will not hide, disable, or remove or attempt to hide, disable, or remove the opt-out link from the email invitation. You will actively manage and process unsubscribe requests received by you directly within ten days of submission, and update your email lists and address books to reflect the unsubscribe requests. You are responsible for ensuring that during use of the Survey Tool your email messages do not generate a number of spam complaints in excess of industry standards. If Provider determines that your level of spam complaints is higher than industry standards, Provider, at its sole discretion, has the right to terminate your use of its Survey Tool.
Permission Lists Only
Provider has a zero-tolerance spam policy. Subscriber accounts will be terminated for sending unsolicited email messages. This means that all recipients sent to must have opted in to receiving communications from you, the sender. You can only use Provider to send emails to lists of people that gave you permission to email them. If you don't have proof that each recipient on your list opted in for your emails, don't import them into Provider.
1. Bans false of misleading header information. Requires valid "reply" and "from" addresses. These must be accurate and identify the person who initiated the email.
2. Prohibits deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the message.
3. Requires the email to provide recipients with a valid opt-out method. You must provide a return email address or another Internet-based response mechanism that allows a recipient to ask you not to send future email messages to that email address, and you must honor the requests.
Any opt-out mechanism you offer must be able to process opt-out requests for at least thirty days after you send your commercial email. When you receive an opt-out request, the law gives you ten business days to stop sending email to the requestor's email address. You cannot help another entity send email to that address, or have another entity send email on your behalf to that address. Finally, it's illegal for you to sell or transfer the email addresses of people who choose not to receive your email, even in the form of a mailing list, unless you transfer the addresses so another entity can comply with the law.
4. Include physical mailing address. You message must contain clear and conspicuous notice that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial email from you. It also must include your valid physical postal address.
If you suspect that Provider has been used to send spam, please contact us immediately at email@example.com and we will investigate accordingly.
Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Provider shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Provider has no responsibility or liability for the deletion or failure to store any survey data or other Content maintained or transmitted by the Service. You acknowledge that Provider reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that Provider reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Software Application Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Application Services are licensed, not sold.<!-- br--> All title and copyrights in and to the Software are owned by Provider or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software Application Services is the property of the respective content owner and also may be protected by applicable copyright or other intellectual property laws and treaties.
Provider makes no claims or representations about any Web Site not under Provider's control that a User may access from Provider's web site-- by link, frame, or any other means ("Linked Site"). Any link, frame, or any other means to access any Linked Site provided by Provider or otherwise on Provider's web site does not constitute Provider's endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PROVIDER SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE PROVIDER SITES/SERVICES AND TO THE INFORMATION THEREIN. PROVIDER AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN PROVIDER SITES/SERVICES AT ANY TIME. PROVIDER AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE PROVIDER SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PROVIDER AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT PROVIDER SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A PROVIDER SITE/SERVICE. YOU SPECIFICALLY AGREE THAT PROVIDER IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT PROVIDER IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A PROVIDER SITE/SERVICE BY ANY THIRD PARTY.