E-Push! Terms of Service v4.3
By using any product or application of E-Push!, LLC (“E-Push!”, “us” or “we”; and such products and applications, as may be amended, augmented, enhanced or updated from time to time, collectively, the “Platform”) or any service provided by E-Push! in connection with the Platform (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
E-Push! reserves the right to update and change the Terms of Service from time to time without notice. Any new features that amend, augment, enhance or update the current Platform, including the release of new tools and resources, shall be subject to the Terms of Service. Your continued use of the Platform after notice of any such changes has been provided on the E-Push! website (www.E-Push!.com) shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at www.Eshare.us/legal.
Violation of any of the terms below will result in the termination of your account with E-Push! and/or any obligation that E-Push! may have to you under these Terms of Service.
- You are responsible for maintaining the security of your account and password. E-Push! will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all data (including Data (as defined below)) of any sort uploaded to the Platform (“Content”) under your account and any activity that occurs under your account (even when Content is posted by others who have accounts under your account). You will not post any Content that is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property.
- You may not use the Platform for any illegal, unethical or unauthorized purpose. You must not, in the use of the Platform, violate any laws in your jurisdiction (including but not limited to copyright laws).
Software as a Service
You acknowledge and agree that you and any party authorized by to access your Content from the Platform do so subject to the Limitation of Liability set forth below.
- Full payment of fees payable to E-Push! is due before you may use the Platform or we perform any service for you, unless otherwise agreed, in writing, by you and E-Push!.
Cancellation and Termination
- All the identities and contact information of your clients or customers of the clients or customers of your clients or customers, that you provide for use by E-Push! in connection with the use of the Platform or Services (“Data”) will be deleted from the Platform within 30 days of end of a campaign or the termination of the agreement under which you use the Platform and/or the termination of your account. You understand that such Data cannot be recovered once such campaign ends, such agreement is terminated or your account is cancelled.
Modifications to the Platform and Prices
- E-Push! reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice.
- Unless otherwise agreed by you and E-Push! in writing, all pricing for use of the Platform is subject to change upon 30 days notice from us.
- E-Push! shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Platform.
Intellectual Property and Content Ownership
- All content posted on the Platform must comply with U.S. copyright law.
- We claim no intellectual property rights over the material your Content. Your Content uploaded remain yours. However, you acknowledge and agree that your Content may, in aggregate with data and material supplied by others, inform the basis for original and unique ideas developed by E-Push! in connection with the Platform and Services, and that nothing shall prevent E-Push! from presuming or procuring intellectual property rights in and to such original and unique ideas. By setting your pages to be shared publicly, you agree to allow others to view and share your Content.
- E-Push! does not pre-screen Content, but E-Push! and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is made available through or in connection with the Platform.
- The look, feel, features and functionality of the Platform and Services are proprietary to E-Push!, LLC. You acknowledge and agree that the Platform and any Services, as well as software used in connection with the Platform and Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including pending patents. You further acknowledge and agree that Content contained in Web page copy or statistical, graphical, audio-visual or other information presented to you through the Platform and Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as expressly authorized by E-Push! or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Platform and Services, such Content or the Software, in whole or in part.
- E-Push! grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Platform and Services. You agree not to access the Platform and Services by any means other than through the interface(s) specifically provided by E-Push! for use in accessing the Platform and Services.
Limitation of Liability
You acknowledge and agree that, to the fullest extent permitted by law, E-Push! shall not be liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantages) arising out of or in connection with your use of the Platform or any Services, even if E-Push! has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the Platform or any Services; (b) the cost of procurement of substitute services resulting from any defect in the Platform or Services; (c) statements or conduct of any third party on E-Push!’s website or the Platform, including without limitation unauthorized access to or alteration of transmissions or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) content posted to the Platform by you or any third party.
- Your use of the Platform and Services is solely at your risk.
- Technical support is provided on an account-by-account basis, funneled through E-Push! customer support representative.
- You understand and agree that E-Push! may use campaign results resulting from your use of the Platform and/or Services in use-case collateral and other marketing endeavors.
- You understand that E-Push! uses third-party vendors and hosting partners in connection with the Platform and, by your use of the Platform and/or Services, you agree to be bound by the terms of the service level agreements and terms of service of such partners.
- You must not modify, adapt or hack the Platform or modify another website so as to falsely imply that it is associated with Platform.
- You agree not to replicate, reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform, use of the Platform or Services, or access to the Platform without the express written consent of E-Push!.
- E-Push! may, but have no obligation to, remove Content and terminate accounts containing Content that E-Push! determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any E-Push! customer, employee, member, manager, officer or agent will result in the immediate termination of your account.
- You understand that the technical processing and transmission of the Platform, including your Content, may be transferred in unencrypted form and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- No advice or information, whether oral or written, obtained through or from the service shall create any warranty not expressly stated in these Terms of Service.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages to the Platform.
- You must not transmit any worms or viruses or any code of a destructive nature via the Platform.
- You expressly understand and agree that E-Push! shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if E-Push! has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Platform; (ii) the cost of procurement of substitute goods and platforms resulting from any goods, data, information or platforms purchased or obtained or messages received or transactions entered into through or from the Platform; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Platform; (v) or any other matter relating to the Platform and your use of Services.
- The failure of E-Push! to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Unless expressly agreed, in writing, between you and E-Push!, these Terms of Service constitute the entire agreement between you and E-Push! and govern your use of the Platform and any Services, and supersede any prior agreements between you and E-Push! (including, but not limited to, any prior versions of the Terms of Service).
- E-Push! Smart URL customers will be charged for total number of records in data base, according to the number as of the first of each month. Your account will be moved automatically to the pricing package that corresponds with the number of records in your data base as of the first of each month, and be charged according to that pricing package throughout that month, regardless of the number of records you keep during, and at the end of, that same month.
- You must adhere to and not violate any rules, regulations or policies of any third-party social or other media that you use in connection with your use of the Platform or any Services.
- tions about these Terms of Service should be directed to info@Eshare.us.
Last update to E-Push! Terms of Service was August 1, 2010.