Please print and keep a copy of this Agreement. If you do not agree to abide by the terms and conditions of this Agreement, please do not become a user of G-Lock Analytics. Use of this service constitutes acceptance of this Agreement. Users must also abide by our Anti-Spam policy.
These "Terms & Conditions" (sometimes referred to as this "Agreement") constitutes a legal agreement between you and G-Lock Software LTD, ("G-Lock Software," "we," or "us"). You are a customer ("Member") (or will become a Member if you agree to our Terms & Conditions) of G-Lock Analytics (the "Service"). The "Term" is the time during which you are entitled to use our service to track your electronic newsletters. If an individual purports, and has the legal authority, to sign these Terms & Conditions electronically on behalf of an employer or client, "you" refers to the employer or client. If not, "you" refers to the individual signing hereon. You are responsible for assuring that all the terms and conditions of this Agreement are complied with. By clicking the button to join G-Lock Analytics, you will be agreeing to the terms of this Agreement. Furthermore, by clicking that button, after typing in your username, password and email address, you do confirm to us that typing in such indication of identity constitutes your "signing" of this Agreement for all purposes under applicable law. Any individual clicking the button on behalf of another individual or entity, listed as the Member above, does hereby represent and warrant that such agreement is being made with full authority.
If you engage in certain conduct, such as violating laws that regulate sending out and the content of bulk email, try to take advantage of us in violation of our Terms & Conditions by using the redirect script on our server to track SPAM and unsolicited emails or failing to pay an amount you owe us, we will be entitled to cancel your membership on G-Lock Analytics. We offer a very powerful service at a low price. In exchange we expect our customers to act with integrity and follow our rules in order to help us maintain our reputation as having customers who only send bulk emails to people who have consented to receiving them or with whom they have had a relationship from earlier selling or licensing (or negotiating to sell or license) a product or service and to not otherwise abuse our system.
1.1. "G-Lock Analytics" is a trade name and registered service mark of G-Lock Software LTD, that owns and operates the website with the URL: http://www.glockanalytics.com (the "Website").
1.2. We reserve the right to change any of the terms of this Agreement by posting the revised Terms & Conditions on our Website and/or by sending an email to the last email address you have given to us. Unless the Term is terminated within ten (10) days, this new Agreement will be effective immediately with respect to any continued or new use of the Service.
1.3. We require that any Member be at least eighteen (18) years of age. By using the Service, you represent and warrant that you are at least eighteen (18) years of age and that your use of the Service does not violate any applicable law or regulation. Your membership may be terminated without warning, if we have reason to believe you are under eighteen (18) years of age.
1.4. You are responsible for maintaining the confidentiality of your username name and password. You are solely responsible for uses of your account. You agree to immediately notify us of any unauthorized use of any account of yours.
1.5. You acknowledge that we, or our suppliers, own all proprietary rights in the Website and the Service, including, but not limited to, any patents, trademarks, service marks and copyrights.
2.1.1. Our charges for monthly plans are posted on our Website. G-Lock Software reserves the right to change our fees at any time by posting a new fee structure on our Website and/or sending you a notification of the change by email.
2.1.2. Payments are due for the full month for which any part of the month is included in the "Term." Payments are due for any month on the same date, or the closest date in that month, to the date of the month you signed up with us and made your first monthly payment (the "Pay Date").
2.1.3. If you increase or decrease your number of subscribers to an amount that causes you to go to another pricing level, you can upgrade or downgrade your plan at any time irrespectively of your Pay Date. If you upgrade your plan before the Pay Date for the following month, you will be required to pay the difference to go the higher plan in the current month. If you downgrade your plan, you will be required to stay on the current plan till your Pay Date. On the Pay Date you will be charged a new monthly fee and switched to the lower plan.
2.1.4. G-Lock Software is under contract with iPortis.com to collect monthly payments and process orders for G-Lock Analytics.
2.1.5. As long as you are a Member, you agree to at all times provide iPortis.com with valid credit card information and authorize them to deduct the monthly charges against such credit card and to replace the information for any credit card that expires with information on a different valid credit card. Any individual using a credit card represents and warrants that he or she is authorized to use such credit card and that any and all charges may be billed to such credit card and will not be rejected.
2.1.6. If, for some reason, iPortis.com is unable to process your credit card order, they will attempt to contact you by email. We will suspend usage of your account until your payment is processed.
2.2.1. We are required to provide a refund only if we terminate our Service to you without cause before the end of a month for which you have paid. There is no other circumstance in which you will be entitled to a refund from us. We may, at our sole discretion, offer refunds in other situations subject to any Member seeking such refund applying for the refund in accordance with the requirements we post on the website, which may be changed from time to time.
2.3. Membership Termination and Removal
2.3.1. Either party may terminate the Term of this Agreement at any time for any reason by providing Notice to the other party. We may suspend our Service to you at any time with or without cause. We will refund your full monthly prepayment if we terminate you without cause.
2.3.2. We will not refund you in such manner, if there is cause, such as your using our Service to track bulk Emails sent to people with whom your relationship does not meet the requirements of 3.2.2 below. Once terminated, we may deem your account "inactive" and permanently delete your account and all data associated with it.
2.3.3. If a user violates any of the terms of this Agreement, we reserve the right to cancel accounts, or bar access to accounts, without refund.
3.1. Definition of SPAM
3.1.1. We have adopted the definition of Spam set forth on the Spamhaus website at http://www.spamhaus.org/definition.html: "The word "Spam" as applied to Email means Unsolicited Bulk Email ("UBE")".
3.2. Permission Lists Only
3.2.1. It is a concern to us if you use G-Lock Analytics to track any unsolicited email sent to anyone with whom you have no relationship. It is much more of a concern, and more likely to cause our system to be blocked by our hosting company, for you to send an unsolicited email to an entire list of people you don't know.
3.2.2. You can use G-Lock Analytics only to track Emails sent to individuals and entities that either:
- gave you written (including electronic) permission to send Emails to them,
without subsequently withdrawing such permission;
- gave you their name and email address in connection with their purchase, or negotiations to purchase, a product or service from you, have not opted out from receiving your emails.
3.2.3. You should only use G-Lock Analytics to track newsletters, updates, and promotions sent to people who specifically requested email from you, or otherwise meet the requirements of 3.2.2 above. You agree that you will NOT use:
- purchased lists (no matter how expensive);
- rented lists (even if they "opted in");
- 3rd party lists whatsoever.
3.2.4. If you send Emails to a list, and you get an unusual amount of SPAM complaints (more than 1 out of 1,000), ISPs will begin blocking future emails from your company. They will also request (that's putting it mildly) that we shut down your account. So if you don't have proof that each recipient on your list has opted-in to receive your emails, or otherwise meets the above requirements, don't use G-Lock Analytics.
You expressly acknowledge and agree that the Website contains information, text, photos, video, graphics, music, sounds and other material (called "Materials") that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (called "Intellectual Property Rights"), that these Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later, and that all right, title and interest in and to these Materials, including but not limited to all Intellectual Property Rights, belong solely and exclusively to the owners and developers of G-Lock Analytics.
5.1. Except as you may be expressly permitted by this Agreement, you may not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer or redistribute any Materials in any form, format or media or by means of any technology without obtaining the prior written authorization of the owners and developers of G-Lock Analytics and any other owner of the Intellectual Property Rights in such Materials.
5.2. You may, on an occasional and irregular basis, include insubstantial portions of Materials from the website in memoranda, reports and presentations, and then only to the extent that such use constitutes "fair use" under applicable copyright and intellectual property law, provided that in each instance you include in all such memoranda, reports and presentations all copyright, trademark and other notices from the Website and the information used, original source attribution, and the phrase "Used with permission from the owners and developers of G-Lock AnalyticsTM" except for such other Materials which have been incorporated into G-Lock Analytics by reference and as such require permission from the owners of such Materials.
5.3. If you reproduce Materials, as permitted by this Agreement, you must preserve any copyright, trademark or other notices contained in or associated with them. This means, among other things, that if the specific Material you are reproducing does not contain the relevant notices that appear on the Website, you must go to the place on the Website where such notices appear and copy them into the Materials you are reproducing.
5.4. All copyrights and copyrightable materials which are a part of G-Lock Analytics including, without limitation, G-Lock Software logos, designs, text, graphics, pictures, photos, files, software, applications, code, hidden text, databases and other files and the selection and arrangement thereof are COPYRIGHT (c) 2011 G-Lock Software LTD and may not be copied, imitated or used, in whole or in part, without the prior written permission of G-Lock Software. ALL RIGHTS RESERVED.
5.5. Permission is granted to display and download Contents of G-Lock Analytics for personal, non-commercial and informational use only; provided that you may not, without the permission of G-Lock Software or the respective copyright owner, alter the Contents to display the Contents without the G-Lock Software Copyright notice and these Intellectual Property Guidelines.
5.6. Any unauthorized use of intellectual property will terminate the user's membership and violate applicable law. All violations will be prosecuted and all infringing parties will be pursued to the full extent of the law. If you wish to request permission to reproduce Materials from the Website for other than the specifically authorized educational purpose, or if you have any questions about the proper way to include such notices, contact the owners and developers of G-Lock Analytics.
6.1. The Service is provided "as is" without warranty of any kind. To the maximum extent permitted by applicable law, G-Lock Software and its suppliers disclaim all warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty against infringement, with regard to the Service. This limited warranty gives you specific legal rights. You may have different state to state jurisdiction.
6.2. You expressly agree that your use of the Service is at your sole risk. The owners and developers of G-Lock Analytics do not warrant that the Service will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from your use of the Service, or as to the accuracy, reliability, completeness, or content of any information, website, software or merchandise that may be provided through the software. No statement, information or advice, including, but not limited to, statements regarding capacity, suitability for use or performance, whether made by the owners and developers of G-Lock Analytics, employees, reseller or other representative or otherwise, which is not contained in this agreement shall be deemed to be a warranty by the owners and developers of G-Lock Analytics for any purpose or give rise to any liability of G-Lock Software whatsoever, and you agree that you will not rely on any such statement, information or advice.
7.1. Under no circumstances, including negligence, shall G-Lock Software be liable to you or anyone else for any indirect, special, incidental, punitive, exemplary or consequential damages (including damages that arise from loss or anticipated revenue, loss of information or material of any kind, lost profits, loss of business and injury to property, even if G-Lock Analytics has been advised of the possibility of such damages) that arise in connection with or result from your use of or inability to use the Service including, but not limited to, your reliance on any materials, content, information, websites, mistakes, omissions, interruptions, communications failure, deletion of files or e-mail, errors, defects, viruses, trojan horses, delays in operation or transmission, or any failure of performance, or theft, destruction or unauthorized access to your records, programs, websites or software. Some states do not allow the exclusion or limitations of liability for consequential or incidental damages, and in such states G-Lock Software's liability is limited to the greatest extent permitted by law.
7.2. If, notwithstanding the foregoing, the owners and developers of G-Lock Analytics were to be held liable for damages, then regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), in no event shall the maximum liability of the owners and developers of G-Lock Analytics and the parties described in the next sentence (G-Lock Analytics's "Related Parties") exceed, either jointly or severally, the aggregate dollar amount paid by you to the owners and developers of G-Lock Analytics in the twelve (12) months prior to the claimed injury or damage. All of the provisions of this section are also for the benefit of the owners and developers of G-Lock Analytics's directors, officers, shareholders, employees, affiliates, agents, third-party content providers, licensors and the like, and anyone else involved in creating, producing or distributing the software, and each shall have the right to assert and enforce the provisions directly on their own behalf.
7.3 The resources on websites that can be accessed with hypertext links from or using G-Lock Analytics are not maintained by G-Lock Software, and G-Lock Software is not responsible for the availability or accuracy or such sites or resources, or the content, advertising, or products on or available from such sites or resources. Such sites may be governed by legal notices and privacy policies, which differ from those of this software.
8.1. You agree to defend, indemnify and hold harmless the owners and developers of G-Lock Analytics and their Related Parties from any claims and expenses, including reasonable attorney's fees, related to any violation of this Agreement by your use of the Service, or in connection with the placement or transmission by you of any material using on the Website except as expressly authorized in this Agreement.
8.2. By using the Service, you agree that the owners and developers of G-Lock Analytics may collect, use, sell, license and otherwise distribute demographic data about users in aggregated form (so that no user is personally identifiable) to assist in market evaluation and for other purposes as reasonably determined by the owners and developers of G-Lock Analytics.
8.3. No amendment or other change of this Agreement shall be effective unless and until the revised Agreement is posted by us on the Website.
8.4. In the event that any provision of this Agreement is held to be invalid or unenforceable, pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms.
8.5. You acknowledge that the owners and developers of G-Lock Analytics will be irreparably harmed by any breach of this Agreement by you or by your unauthorized use of G-Lock Analytics or the website and, further, that monetary damages may not be a sufficient remedy for such harm. You agree that the owners and developers of G-Lock Analytics shall be entitled, without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain injunctive or other equitable relief in the event of any breach of this Agreement by you or by your unauthorized use of the Materials or the Service.
Should you have any questions concerning this Agreement, contact G-Lock Software.