Thanks for using Ntekg. Please read these Terms carefully! By signing up or using Ntekg, you’re agreeing to the Terms. This is a legal agreement.
In order to use Ntekg, You must:
- be at least eighteen (18) years old and able to enter into contracts;
- complete the registration process;
- agree to the Terms; and
- provide true, complete, and up to date contact information.
By using Ntekg, you represent and warrant that you meet all the requirements listed above, and that you won’t use Ntekg in a way that violates any laws or regulations. Ntekg may refuse service, close accounts, and change eligibility requirements at any time.
The Term begins when you sign up with Ntekg and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for Ntekg on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Closing Your Account
You or Ntekg may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If your account is terminated, we may permanently delete all the data associated with it, including your emails from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
We’re glad to offer Ntekg as a free service, but we may begin to charge for Ntekg at any time by changing these Terms and posting a pricing schedule to the Website.
6. Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for the use of any account that you have access to, whether or not you authorized it. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
7. Proprietary Rights Owned By Us
You shall respect our proprietary rights in the Website and the software used to provide Ntekg. Proprietary rights include, but are not limited to, any patents, trademarks, service marks and copyrights.
8. Proprietary Rights Owned By You
10. Right to Review Website Campaigns
We may view, copy and internally distribute content from your Website and account to develop algorithms and programs (“Tools”) that help us spot problem accounts. We may use these Tools to find Members who violate these Terms or applicable law.
RULES AND ABUSE
11. General Rules
You promise to follow these rules:
- You won’t send Spam! By “Spam,” we mean the definition on the Spamhaus website.
- You won’t use purchased, rented, or third-party lists.
- You won’t violate our Acceptable Use Policy, which is part of this Agreement.
12. Bandwidth/Abuse Throttling
You may only use our bandwidth for your Ntekg emails, and we may throttle your sending at our discretion.
13. Compliance with Laws
You represent and warrant that your use of Ntekg will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws.
If you’re located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your Email distribution list, sending Emails via Ntekg and collecting information from sending Emails, you:
- Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through Ntekg.
- Have collected, stored, used and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have permission to allow Ntekg to receive and process data and send communications to that individual on your behalf.
- Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
14. U.S. Export Controls
The software that supports the Services (the “Software”) is subject to United States export controls. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. You’re downloading and using the Software at your own risk.
15. Reporting Violations
If you become aware that anyone is violating any of the Terms of this Website, please notify us immediately.
16. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss resulting from your use of the Website and the Services, including any downloads from the Website. We won’t be liable for any indirect, punitive, special or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages.
17. No Warranties
*To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to merchantability and fitness for a particular purpose. *
You agree to indemnify and hold us harmless from any losses (including attorney fees) that result from any claims you make that aren’t permitted under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from claims by third parties that you or someone using your password behaved in a way that, if true, would violate any of these Terms.
19. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney’s fees and any damages or other relief we may be awarded.
We disclaim and aren’t responsible for the behavior of any advertisers, linked websites or other Members.
21. Equitable Relief
If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
22. Subpoena Fees
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs.
23. Notice to U.S. Government End Users
The Software and Website, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. Â§2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:
- only as Commercial Items,
- with the same rights as all other end users, and
- according to the Terms
Published and Unpublished rights are reserved under the copyright laws of the United States.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
25. Choice of Law
26. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
30. Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the “Additional Terms”). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
31. No Changes in Term at Request of Member
Because we have so many Members, we can’t change these Terms for any one Member or group. If we did that, keeping up with the changes would be a logistical nightmare. So no changes, no exceptions.
32. Further Actions
You’ll provide all documents and take all actions that are necessary to meet your obligations under these Terms.
33. Notification of Security Breach
In the event of a security breach that may affect you or anyone on your Website, we’ll notify you of the breach and provide a description of what happened.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel.
35. Entire Agreement
Congratulations! You’ve reached the end. Thanks for taking the time to learn about Ntekg’s policies.