​Legal

 
 
Terms of Service

By signing up with ONTRAPORT or any of its subsidiaries, you agree to use your account in a manner that is consistent with all applicable laws and regulations and in accordance with the Terms of Service discussed herein.  This Agreement is between ONTRAPORT (“the service provider”, “us”, “we”, or “our”) and all its’ subscribers & users (“the client”“you”, “your” or “subscriber”). This Agreement and the client’s use of services shall become effective on the date the order is submitted by the client to the service provider (“Effective Date”).

Agreement Summary

Conditions of Use
Fee Agreement
Terminations
Anti-Spam Policy
Warranties
Conditions of Use

Service provider reserves the right to update and change the Terms of Service at any time and without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account.

You must be 13 years or older to use this Service.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
Your login may only be used by one person – a single login shared by multiple people is not permitted.
You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
One person or legal entity may not maintain more than one account. You may not assign your rights under this Agreement without our prior written consent.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property. You may not post sexual graphic content on the Service. While we prohibits such conduct and content on the Service, you understand and agree that we cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials.
You must use our system in a manner that is ethical and in conformity with community standards.
You will respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users), nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user.
You will respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property.
You will accept notifications of service changes, commercial email and similar offers presented through the ONTRAPORT system or via email.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages (See Anti-Spam Policy).
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, us, or any other our service.
Anti-Spam Policy
Warranties
You must not use any API credentials in any publicly available software or phone application. This specifically excludes, but is not limited to, embedding API usage in a phone App.
You must not transmit any worms or viruses or any code of a destructive nature.​
This agreement is ‘at-will’, meaning that you can cancel your account at any time and so can we (which we exercise typically only in the case of violations of our Spam rules, but which we reserve for any reason whatsoever).
Fee Agreement

The Period of Performance of this Agreement shall commence on the Effective Date and shall automatically renew for additional like periods (“Renewal Periods”) under the same terms of service. The Renewal Fees will be automatically debited from the client’s credit card at the beginning of each renewal period, and you agrees that the service provider will not require any additional authorization for any recurring payments or automatic billing options. Services are non-refundable unless the pricing terms for the applicable service expressly states otherwise. The service provider may suspend or terminate use of the your account if you fail to comply with fee agreement.

A valid credit card is required for all accounts.
The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding United States (federal or state) taxes.
All fees will we collected in United States dollars regardless of your country of origin's currency exchange rate.
For any upgrade or downgrade in plan level, the credit card you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your service may cause the loss of the content, features or capacity of your account. We do not accept any liability for such loss.
Should your account exceeds your current account limit of contacts, user seats or emails, your service plan will be automatically upgraded to the next most affordable account level or service package.
We reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.  Should this occur, no changes, refunds or credits will be made to your service plan.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us.
The service provider may suspend or terminate use of the your account if you fails to provide a valid credit card.
Any billing problems or discrepancies must be brought to our attention within thirty (30) days from the date the client is billed. If you do not bring them to our attention within thirty (30) days, you agree that you waive your right to dispute such problems or discrepancies.
Terminations

You are solely responsible for properly cancelling your account. We do not take cancellation requests via email, over the phone or chat. All accounts must be cancelled by the primary account holder through their account.  See cancellation instruction here.

All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
We have the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. We reserves the right to refuse service to anyone for any reason at any time.
Certain offers, allow for a 90 day refund of the base account fee, if you cancel your account within 90 days of the effective date. If this offer was made available to you, you must first cancel your account, then submit a request for a refund by email to support@ontraport.com.  Note, that no usage fees including but not limited to; email and contact volume charges, user seats, postcards, sms, set-up fees, custom programming, services and consulting fees are not refundable.  Additionally, annual subscription are non-refundable regardless of the effective date, are exempt from the 90 day refund offers.
Anti-Spam Policy

We strictly prohibit any involvement in unsolicited commercial email (UCE) campaigns, commonly known as SPAM. We maintain a Zero-Tolerance policy against SPAM, be it direct, third party or any affiliate or similar agent acting on the account holder’s behalf. All lists used in conjunction with the services provided by the service provider, are required to be 100% opt-in lists . Any client account that is connected to a report of or caught violating these policies, will be immediately terminated.

You will abide with the U.S. CAN-SPAM act of 2003 and standards set by the email industry, which state: If it’s unsolicited, it’s spam.
You are only permitted to send email to contacts that have specifically requested to receive content from you.
You may not add email addresses to our service, that you rented, purchased, or “scraped”.  This includes a list of ‘opt-in leads’ or got a list of names and emails from your Chamber of Commerce, etc..
We in no way participates in mass unsolicited emailing (i.e. spamming), and all Partners are expected to adhere to this policy as well. Violation of this policy will result in the termination of your contract and immediate dismissal from the Partner Program.
No refunds or pending commissions will be provided to anyone who’s account is terminated for violating this policy.

Please report a complaint or violation of this policy to our Abuse Desk.

Warranties

You understand that the service provider, and/or its’ assigns do not guarantee, imply, or predict any type of profit or response from said services. The client irrevocably covenants, promises and agrees to indemnify the service provider and/or its’ assigns and to hold the service provider and/or its’ assigns harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which the service provider and/or its’ assigns may sustain or to which the service provider and/or its’ assigns may become subject arising out of or relating in any way to the use of the services provided under this Agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities. You agree to use the Service at your own risk.

WE MAKE NO WARRANTIES TO THE CLIENT OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE ONTRAPORT, ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. 

We shall not be liable for any damages suffered by the client, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for lost profits or for loss of data or information. If notwithstanding this clause we are held liable to you.  While we take all reasonable precautions to ensure your database is secure and protected the client understands and agrees that the service provider is under no obligation to export, extract, retrieve or “massage” the client’s database except through our EXPORT function. 

Privacy Policy

The service provider will not rent, sell, access or in anyway use the client’s customer database information. This information will be kept strictly confidential in the highest manner possible.

We collect the email addresses of those who communicate with us via email; aggregate information on what pages consumers access or visit, approximate location, IP address, and information volunteered by the consumer (such as survey information and/or site registrations).The information we collect is used to improve the content of our Web pages and the quality of our service.
We ask for information such as your name, company name, email address, billing address and credit card information for users of the our services.  We use collected information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, and research.
A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a website’s computers and stored on your computer’s hard drive. Cookies are required to use the our service.  We use cookies to record current session information, but do not use permanent cookies.
We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the services provided. Although we own the code, databases and all rights to the application, you retain all rights to your data.
We may disclose personally identifiable information under special circumstances, such as complying with subpoenas or when your actions violate the Terms of Service.
We may periodically update this policy and will notify you about significant changes in how we treat personal information by sending a notice to the primary email address specified for your account or by placing a prominent notice on our site. This includes the transfer of data in the event ONTRAPORT is acquired by or merged with another company.
Copyright

ONTRAPORT reserves the right in its sole discretion to terminate or modify permission to display the logo, and may request that third parties modify or delete any use of the collateral that, in our sole judgment, does not comply with these guidelines, or might otherwise impair our rights in the logo.

As a general rule, third parties may not use the ONTRAPORT logo, unless approved logo artwork as provided by us.
The logo may not be used in any manner that might imply that any non-ONTRAPORT materials, including but not limited to goods, services, websites, or publications are sponsored, endorsed, licensed by, or affiliated with ONTRAPORT.
The logo may not be displayed as a primary or prominent feature on any non-ONTRAPORT materials. Companies using the logo pursuant to these guidelines must also display in the primary and more prominent position, their own logo(s), business name, product names, or other branding.
The logo may not be imitated or used as a design feature in any manner.
The logo may not be used in a manner that would disparage ONTRAPORT or its products or services.
Neither the logo nor any part of the ONTRAPORT name (e.g. ONTRA) may be used in any other company name, product name, service name, domain name, website title, publication title, or the like.
Non-ONTRAPORT materials should not mimic any ONTRAPORT advertising, product packaging, or website design.
The logo must be used as provided by ONTRAPORT with no changes, including but not limited to changes in the color, proportion, or design, or removal of any words or artwork. The logo may not be animated, morphed, or otherwise distorted in perspective or appearance.
The logo must stand alone and may not be combined with any other object, including but not limited to other logos, words, graphics, photos, slogans, numbers, design features, or symbols. The logo must never be used to represent the word ONTRAPORT in text, including in a headline, product-name logotype, or body copy.
The logo must not be incorporated or used in any manner as part of, or in close proximity to another company’s name, domain name, product or service name, logo, trade dress, design, slogan, or other trademarks.
The look and feel of the Service is copyright ©1999-2016 ONTRAPORT, All rights reserved. You may not duplicate, copy, or reuse any portion of the application.
ONTRAPORT further reserves the right to object to unfair uses or misuses of its trademarks or other violations of applicable law. For real, don’t mess with the logo or our trademarked name.
Partnership Agreements

By completing our Partner Application you agree to Terms and Rules discussed herein.  This Agreement is between ONTRAPORT (“affiliate manager”, “us”, “we”, or “our”) and the Partner (“the referrer”“you”, “your” or “partner”). We are independent parties and this agreement will not form any partnership.  This agreement will begin upon our acceptance of your partner application  (“Effective Date”) and will end when terminated by either party. Termination may happen at any time, with or without cause, by giving the other party written notice of termination.

Commissions are earned at a rate of 25%, of the paid “package” subscription, to the “last referrer” noted on the customers affiliate link at the time of their first purchase.
Packages consist of the base level plans listed on ONTRAPORT.com/pricing and do not include adons, user seats, messages or any other ontraport products.
Earned commissions will be approved on accounts that have passed their first 90 days and are outside of the refund period. We have the right to change our refund policy at anytime, and if we do, the commissions will be adjusted accordingly.
Approved commissions over $100 will be paid out each week on Fridays via Paypal.
NO COMMISSIONS can be earned on your own account.  No self-referring for the sole purpose of getting a discount.
The Referrer (Partner) and Referee may not be immediate family members, and must reside at different addresses.
We will monitor, track and audit referrals submitted for accuracy and to prevent fraud. We reserves the right to clawback paid commission, exclude you from earning commissions and forfeit any partner rewards should we find any errors or agreement violations.
We will manually add you as the referral partner, per your request, if the client doesn’t not sign-up with your affiliate link and confirms that you did in fact refer them.  Past commissions will only be approved up to days 30 days from your request.
In order to claim approved commissions you must have a valid Paypal account.
All unclaimed approved commissions older than 6 months, will be canceled.
You can download your 1099 from Paypal for United States taxes.
By posting a change notice, we may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. If any of the modifications are unacceptable to you, your only recourse is to terminate this Agreement. Continued participation in the program 30 days following the posting will be considered as your acceptance of the change.

This Agreement will be governed by the laws of the United States and the state of California. Any action relating to this Agreement must be brought in the Federal or State courts located Santa Barbara, California, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. By submitting this Partner Agreement form, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

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