1. ACKNOWLEDGMENT AND ACCEPTANCE
2. USER RESPONSIBILITIES.
· Compliance with our Anti-Spam policy. Please see Section 7 below.
· Lawful use of the services only. Please see Section 8 below.
· Creation and maintenance of all content in the account including but not limited to survey content, email/SMS content, address books and current billing and contact information.
· Email/mobile phone number list and Address Book maintenance including opt-out contact information and immediate removal of opt-outs and bounces from email/mobile phone number lists and the address book.
· Payment of all agreed subscription fees.
· Full responsibility for all activity associated with your use of our Site and Services.
We reserve the right to deactivate your account(s) as we deem appropriate or necessary, without notice. You enter and use the Site and the Services at your own risk. Midzy, LLC is not responsible for your activities, surveys, content, results or questions from respondents, other data, or any other matter concerning your use of the Site or the Services. We recommend that you keep track of your survey results and other data in your own personal records, as we reserve the right to discontinue your account(s) or terminate the Services at any time. We are not responsible for the deletion of any data that is in or has been added to your account(s). If a User account remains inactive for a period of 18 months, we may deactivate the account.
4. PAYMENT TERMS; CANCELLATION.
You agree to pay, and we will automatically charge, all account fees, including any usage that exceeds the Thresholds at the rates posted, and including any applicable taxes, at the rates in effect when the fees are incurred. We may change the fees then in effect, or add new fees, by giving Users advance notice.
You may cancel your subscription at any time by sending us an email: firstname.lastname@example.org. Upon receipt of your cancel selection, we will promptly terminate your access to the Services. No refunds of subscription fees will be given. We reserve the right to terminate your subscription and/or discontinue Services at any time for any reason.
5. REGISTRATION & PASSWORD.
You will provide current, complete, accurate information in the registration section of the site. You will further update and keep that information current as needed. You will provide a password in order to access the services and your account. Email login must be a valid email address maintained by you. You are solely responsible for maintaining the confidentiality of your password and account information. You will immediately notify us of any unauthorized account activity, or any unauthorized use of your email list(s) or any other breach of security you become aware of.
This website is a single user service. Multiple logins and passwords to the same account are not available or permitted. You may not share logins and passwords with others. Sharing login information is in violation of this Agreement and may result in immediate account termination.
7. ANTI-SPAM POLICY.
Midzy, LLC, a leading Web-based social polling platform for research and polls, is committed to being a trusted member of the Internet community. As such, we have adopted a firm anti-spam stance. Spam can deluge a recipient’s email box and waste the recipient’s time and money. Spam often causes recipients to complain to their Internet Service Providers who in turn may block or restrict access from legitimate services like Midzy, LLC, and Users, like you.
To help recipients be free from spam, and to maximize the availability of our services to our community of users, we have taken a “zero tolerance” stand against spam. You acknowledge, warrant and agree that:
· You will not engage in any spamming activities in your use of the services.
· You understand that Midzy, LLC is serving as “survey host” and is not the sender or originator of any survey, and that you are therefore solely responsible for your email/SMS-ing activities using the services.
· You warrant that you either have an ongoing business or personal relationship with or have obtained consents to send email/SMS messages inviting participation in a survey to the persons on your own email/mobile phone list and on any lists you have acquired from a third party.
· Your use of the site and services will not violate any United States or foreign spamming, junk mail or other related laws or regulations prohibiting or discouraging unsolicited mail.
· If you engage in any unlawful spamming activity, Midzy, LLC will report such conduct to the appropriate authorities and turn over any and all information, including personally identifiable information, to appropriate law enforcement persons or entities.
· We may request at any time that you provide proof that your email/SMS recipients have agreed to receive email/SMS messages from you. We may require that you provide the name of a list vendor and documentation of specific opt-in processes you or the vendor have used.
8. OTHER PROHIBITED USES.
You acknowledge, warrant and agree that:
· You will not transmit through the service or the site any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, illegal or otherwise objectionable material or content.
· You will not send any transmission that attempts to hide your identity or represents you as someone else.
· Any attempt by you to transmit, publish or distribute material or content that promotes, provides or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group is strictly prohibited.
· You will not use the service or the site to send any materials, including surveys and requests to take surveys, to any persons under 18 years of age unless and until you have taken and follow all necessary action and compliance pursuant to state and federal laws.
· You will not upload or distribute in any way any files that contain viruses, corrupted files or any similar software or programs that may damage the operation of anyone else’s computer, the service or the site.
· You will not interfere or disrupt networks connected to the service and the site.
· Any attempt by you to gain unauthorized access to any computer system, including accounts, lockers or databases maintained by and for Midzy, LLC, is strictly prohibited.
· You will comply with all laws, rules and regulations regarding transmission of technical data exported from the United States.
9. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE AND THE SITE IS AT YOUR SOLE RISK. THE SERVICE AND THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT ALLOWED BY LAW, MIDZY, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CONTENTS OF THE
SERVICES OR THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MIDZY, LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT.
MIDZY, LLC IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SURVEY/POLLS OR INVITATIONS TO TAKE SURVEYS/POLLS OR INVITATIONS TO VIEW SURVEY/POLL RESULTS CREATED ON OR THROUGH THE SERVICE NOR IS IT RESPONSIBLE FOR THE RESPONSES SUBMITTED TO ANY SURVEY/POLL REQUESTS OR FOR THE RESULTS GENERATED BY SURVEY/POLL RESPONSES. MIDZY, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RELIABILITY OR ACCURACY OF THE REGISTRATION INFORMATION SUPPLIED TO MIDZY, LLC NOR THE RESPONSES OR INFORMATION SUPPLIED BY SURVEY/POLL RESPONDENTS TO USERS IN RESPONSE TO SURVEYS. MIDZY, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE CONSEQUENCES OF THE USE OF ANY SURVEY/POLL, SURVEY/POLL RESPONSES OR SURVEY/POLL RESULTS NOR DOES MIDZY, LLC WARRANT THE CORRECTNESS, USEFULNESS, RELIABILITY, ACCURACY OR OTHERWISE OF ANY SURVEY/POLL, SURVEY/POLL RESPONSES OR SURVEY/POLL RESULTS. MIDZY, LLC IS NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR OTHER LOSS RESULTING FROM USE OF OR RELIANCE IN ANY WAY ON ANY SURVEY/POLL, SURVEY/POLL RESPONSES OR SURVEY/POLL RESULTS CREATED ON OR THROUGH THE SERVICE OR THE SITE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF ANY SURVEYS/POLLS, SURVEY/POLL RESPONSES, SURVEY/POLL RESULTS OR OTHER INFORMATION RECEIVED WHILE USING THE SERVICE OR SITE.
12. LINKS AND ADVERTISERS.
Midzy, LLC may provide advertising space and/or links and pointers to Internet sites maintained by third parties. Midzy, LLC has not reviewed all of the third -party sites nor reviewed any products or services they may provide. Midzy, LLC is not responsible for nor does it endorse the contents or any products or services of such third parties or their sites. MIDZY, LLC DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED OR SUGGESTED BY THIRD PARTIES ON THE SITE. MIDZY, LLC DOES NOT ENDORSE OR OTHERWISE WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES THAT ARE EITHER ADVERTISED ON THE SITE OR CONNECTED BY LINK.
16. NATURE OF AGREEMENT.
17. GENERAL PROVISIONS.