By signing up for a SendWiz.com account you agree that you have read, understand the contents of, and agree to all terms and conditions. Should you have any questions concerning this Agreement, please contact legal@SendWiz.com. These terms and conditions are between the user and SendWiz.com governing use of SendWiz.com's services.
Membership
Users on our free guest membership can use their accounts for free as long as we maintain a free guest policy. SendWiz.com reserves the right to limit the use of a guest account in the future. We will inform users at least 30 days prior to a change of policy. Users may cancel their account at any time.
When Premium and Platinum users cancel their account, they will not be issued refunds Other requests for refunds may be processed at the sole discretion of a SendWiz.com sales staff member.
All cancellations are processed automatically within the 'My SendWiz' page in your account. If you have a question while canceling your account, you must give our e-mail staff adequate time to respond to your message. Delays in our support system do not qualify as a reason to extend your trial period, or excuse canceling after 14 days. Cancellation requests sent via e-mail to either sales@SendWiz.com or support@SendWiz.com will not be processed and will be replied to with an automatic response. You must use our form to process your cancellation.
Restrictions
Unauthorized use of the SendWiz.com service, or the resale of said service without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to our services in any format to any third party. We reserve the right to cancel a membership for any infractions.
Third Party Usage; Limitation on Our Responsibility
All transactions using SendWiz.com's services are between the transacting parties only. SendWiz.com is not an agent of any transacting party, nor or we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. SendWiz.com shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.
Links to Third Party Sites
SendWiz.com does not endorse any sites on the Internet that are linked through SendWiz.com. SendWiz.com is providing these links to you only as a matter of convenience, and in no event shall SendWiz.com be responsible for any content, products, or other materials on or available from such sites.
User Accounts
You will choose a personal, non-transferable password, and you will receive a ListID or make your own ListID. You are responsible for maintaining the confidentiality of your password and ListID. You are also responsible for all content and information stored, transferred, and received under your username and password and ListID. If you suspect a person has accessed your account without authorization, it is your responsibility to change your ListID and password and alert SendWiz.com immediately. In addition, you acknowledge that SendWiz.com may communicate with you through e-mail. You are responsible for ensuring that SendWiz.com has your current e-mail address so that SendWiz.com can provide you such communications.
Account Information and Data
SendWiz.com does not own any data, information or material that you store in your account, and takes no responsibility whatsoever for the contents of your account. We will not disclose any information regarding you or your account, including any data, without your prior permission except in accordance with this Agreement. Please be aware that SendWiz.com does provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties, but such information will not include personally identifying information. SendWiz.com may access your account, including its data, to respond to service or technical problems or as stated in this Agreement. You, not SendWiz.com, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all data stored in your account. Furthermore, SendWiz.com shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any data.
Payment of Fees
The fees applicable for SendWiz.com service are available at www.SendWiz.com and as published within the service. SendWiz.com reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by e-mail to the address you have most recently provided us).
User Conduct
You are solely responsible for the content of all data you store or retrieve or e-mail from your account. You agree to abide by all applicable local, state, national and international laws and regulations in connection with SendWiz.com service. In addition, without limitation, you agree not to use SendWiz.com service to: (a) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) advertise or promote a commercial product or service that is not available through SendWiz.com's services; (c) store or transmit any file containing: (i) unlawful, defamatory, threatening, pornographic, abusive, libelous, or otherwise objectionable material of any kind or nature; (ii) any material that encourages conduct that could constitute a criminal offense; (iii) any code or material that violates the intellectual property rights or rights to publicity or privacy of others; (d) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, or cancelbots; (e) interfere with or disrupt servers or networks connected to SendWiz.com service or violate the regulations, policies or procedures of such networks; (f) access or attempt access to SendWiz.com service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; (g) harass or interfere with another user's full use and enjoyment of SendWiz.com service; or (h) cause, in SendWiz.com's sole discretion, inordinate burden on SendWiz.com's system resources (i.e. bandwidth). If these resources are not sufficient, you may need to arrange a custom file hosting plan.
Termination
SendWiz.com reserves the right to terminate without notice your password, account or use of SendWiz.com service and delete any data within SendWiz.com service if you fail to comply with this Agreement or for cause of any other nature. You may terminate your user account upon notice to SendWiz.com at any time. SendWiz.com shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party.
In addition to other termination provisions, GuestUsers are subject to termination if: (a) the Guest User does not engage in any SendWiz.com activity within thirty (30) days of registration, or (b) the Guest User does not engage in any SendWiz.com activity for any period of 120 consecutive days. We will send you an e-mail describing the situation and informing you that your account will be closed within seven (7) days unless you begin to use the account during that period. At the conclusion of that seven (7) day period, absent any such activity we will close the account. Any data you may have stored will be lost.
SendWiz.com reserves the right to suspend or terminate without notice.
Proprietary Rights
Except for the licenses granted herein, you have no right, title or interest in or to SendWiz.com service or any content. You agree that SendWiz.com or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to SendWiz.com service and content, including, without limitation, text, images, and other multimedia data. SendWiz.com and/or other SendWiz.com products and services referenced herein are either trademarks or registered trademarks of SendWiz.com.
Non-Responsibility; No Warranties; Indemnification
SendWiz.com is in no way liable for loss of customer data. Under no circumstances will SendWiz.com be held accountable for any loss of customer data. By becoming a SendWiz.com user you, the customer, acknowledge that you forfeit the right to hold SendWiz.com accountable for any and all technical errors, including loss of user files (customer data).
SendWiz.com is not responsible for circumstances beyond its control, including without limitation actions of third parties, force majeure, Acts of God, natural disasters, or similar circumstances. Further, SendWiz.com does not provide any warranties respecting its services, and specifically disclaims any warranty of merchantability or suitability for particular purposes.
You agree to indemnify and hold SendWiz.com harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including, without limitation, attorneys' fees and costs) resulting from or in connection with your use of SendWiz.com services or breach of this Agreement.
In the event that, notwithstanding the foregoing disclaimers and indemnification, SendWiz.com is found responsible to any SendWiz.com user for any reason whatsoever, SendWiz.com's responsibility shall be limited to the amounts actually paid by such user for SendWiz.com's services, and shall not include punitive damages or consequential or resulting damages of any nature.
You recognize that if you use the SendWiz services, your information will be transmitted to the providers of those services. SendWiz.com does not control the providers of those other services, does not represent or warrant that such providers will treat your information with the same care and confidentiality that SendWiz.com would treat it, and is not responsible for any action or inaction of any such provider.
IF YOU BECOME A SENDWIZ.COM USER YOU ACKNOWLEDGE THE ABOVE MENTIONED TERMS AND ACKNOWLEDGE THAT SENDWIZ.COM IS IN NO WAY GUARANTEEING THE INTEGRITY AND/OR SECURITY OF YOUR FILES.
Changes
SendWiz.com reserves the right to amend the terms and conditions of this Agreement at any time and shall notify you by posting an updated Agreement on www.SendWiz.com and/or by sending you an e-mail message. Continued use of SendWiz.com service after notice is given of such changes shall constitute your consent to such changes.
