Effective date: March 15, 2023
PLEASE REVIEW THIS END USER SERVICES AGREEMENT (THIS “AGREEMENT”) CAREFULLY, AS IT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “CUSTOMER”) AND J2 MARTECH CORP. (“iCONTACT” OR “WE”) WITH RESPECT TO YOUR USE OF iCONTACT’S SOFTWARE, SERVICES AND APPLICATIONS (THE “SERVICE”). BY USING THE SERVICES, YOU AGREE TO BE BOUND BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU WILL NOT BE ALLOWED TO USE THE SERVICE.
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As always, sending unsolicited commercial email or “Spam” is FORBIDDEN. See our EUSA and our Anti-Spam Policy and Spam FAQ for details. Content may be deemed Prohibited Content by iContact, in its sole discretion. In its sole discretion, iContact reserves the right to prohibit the use by any party of iContact’s website, software and/or services.
This document may change from time to time. Please contact the iContact team at deliverability@icontact.com with any questions about whether you or your company can use iContact’s website, software or services.
Pursuant to Section 22 of the EUSA, at any time, either party may terminate Customer’s iContact account for any reason. Customer may request a termination by calling 877-820-7837, Monday through Friday, between the hours of 9:00 a.m. (EST) and 5:00 p.m. (EST).
Amounts paid are not refundable. Subscriptions to our service are pre-paid. As such, any cancellations that occur in the middle of a payment term (month, quarter, or year depending on payment schedule) will be made effective on the final day of such term.
Notwithstanding any termination of this Agreement, Customer will remain obligated to pay iContact Fees which were incurred prior to (and on) the effective date of such termination.
If you use the Services through iContact Free Edition and wish to terminate your account, no action is required. If you use the Services through iContact Free Edition and fail to use the Services for at least sixty (60) consecutive days, as of the sixty-first (61st) day after your last use of the Services your account will automatically expire.
Please note that allowing a credit card to expire or failing to submit payment by check regardless of invoice receipt status will not automatically cancel your account as we maintain all account data, allow subscriptions to occur, and allow you access to your account. You will remain responsible for paying the monthly subscription fee, which will accrue to your account, until we receive a valid termination notice.
We may send notice to the email on record if your credit card is declined. We may also follow-up by phone or mail. We reserve the right to send delinquent accounts to a collection agency if they are not paid within ninety (90) days.
Upon any termination of your account, and your payment of all unpaid and outstanding Fees and your written request received by iContact within thirty (30) days of such termination, iContact will provide you with an electronic file of the Customer Recipient Data. You acknowledge that after the thirtieth (30th) day following any such termination, iContact has no obligation to retain the Customer Recipient Data and may delete and destroy such Customer Recipient Data without providing you with notice of such deletion. If you use the Services during a Trial Period and fail to convert your account to a standard paid customer account upon the expiration or other termination thereof, iContact has no obligation to retain the Customer Recipient Data after the date of such expiration or termination. If you use the Services through iContact Free Edition and fail to use the Services for at least sixty (60) consecutive days, as of the sixty-first (61st) day after your last use of the Services, you acknowledge that iContact has no obligation to retain the Customer Recipient Data and may delete and destroy such data without providing you with notice of such deletion. Please be sure to export all data you wish to save before terminating your account.
iContact respects the intellectual property rights of others, and iContact requires its customers and those that visit its website(s) to do the same.
If you believe that your work has been copied on an iContact-hosted site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to iContact’s Copyright Agent:
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