1. SCOPE OF AGREEMENT
THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION. YOU MAY OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION.
YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE J2 GLOBAL WEBSITES TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE THE SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU.
Otherwise, this Agreement may not be amended except in writing signed by both you and J2 Global.
The most current version of the Agreement can be reviewed by clicking on the “Terms and Conditions” hypertext link located at the bottom of our Web pages.
You may also have a signed written agreement which is expressly incorporated herein (“Written Agreement”), and which in conjunction with the Agreement and policies referred to herein, comprise the entire Agreement between J2 Global and you. The Written Agreement may contain different or additional terms which supersede terms in this document and may refer to earlier versions of these terms.
2. DESCRIPTION OF SERVICES
J2 Global provides you with access to email and email marketing services, and messaging services (Services). The Services, including any updates, enhancements and new features, are subject to this Agreement.
3. NEW RESALE OF SERVICES
Your right to use the Services is personal to you and you agree not to resell the use of the Services.
4. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
If you are a Customer and the Services involve the processing of personal data which is subject to the General Data Protection Regulation (EU) 2016/679, the “GDPR”), J2 Global is a processor and you are the controller in relation to such personal data (as defined in the GDPR), which is processed pursuant to this Agreement.
You retain control over the content of the information you submit through our Services, and as such the types of personal data that are subject to processing cannot be categorized by J2 Global in these terms and conditions. It is assumed such personal data may include all categories of personal data relating to customers, or its customer’s own clients, customers, suppliers, employees, other personnel and/or other data subjects.
As processor, J2 Global shall, in relation to personal data (as defined in the GDPR) provided by you or generated arising from the performance of the Services under this Agreement:
Process such personal data in accordance with these terms and conditions and otherwise comply with your documented (including email) instructions in connection with such processing. Where such instructions are provided orally, we shall keep a record of these.
If at any point, J2 Global becomes unable to comply with your instructions regarding the processing of personal data (whether as a result of a change in applicable law, or a change in your instructions, or for any other reason), J2 Global shall promptly:
– Notify you of such inability, to the extent permitted by applicable law; and
– Cease all processing of the affected personal data (other than merely storing and maintaining the security of the affected personal data) until such time as you issue new instructions with which J2 Global is able to comply.
Ensure personal data are kept confidential;
– Take reasonable steps to ensure the reliability and trustworthiness of J2 Global’s personnel and any subprocessors, and
– Take reasonable steps to ensure that all relevant J2 Global personnel, and any relevant subprocessors, have committed themselves to ensuring the confidentiality of all personal data that they process;
Ensure that, in each instance in which J2 Global engages a subprocessor, it shall notify you and:
– Allow you a reasonable opportunity to object to the appointment of that subprocessor (and your authorization is deemed to be granted if you do not object within thirty (30) days of being notified of the proposed subprocessor); and
– Enter into a binding written agreement with the subprocessor that imposes on the subprocessor the same obligations that apply to J2 Global under this Agreement with respect to the processing of personal data; subject to compliance with the foregoing, you hereby generally authorize J2 Global to engage sub-processors in relation to the Services.
At your request and sole expense, promptly provide you with all reasonable technical and organizational assistance (taking into account the nature and functionality of the Services) necessary to respond appropriately to requests from individuals to exercise their rights under the GDPR;
At your request and sole expense, promptly provide you with all reasonable assistance necessary to enable you to:
Notify relevant breaches of the GDPR to the relevant authorities and/or affected individuals;
– Conduct data protection impact assessments, where required; and
– Obtain any necessary authorizations from any relevant regulatory authorities;
At your request and sole expense:
– Promptly provide you with all information necessary to enable you to demonstrate compliance with your obligations under the GDPR, to the extent that J2 Global is able to provide such information; and
– Allow for and contribute to audits, including inspections, conducted by you your auditors or appointees, provided that such audit shall be during regular business hours, with reasonable advance notice to J2 Global and subject to reasonable confidentiality procedures.
Before the commencement of any such audit, the parties shall mutually agree upon the scope, timing, and duration of the audit. You may not audit J2 Global more than once annually; and
Notify you without undue delay in the event of:
– Becoming aware of any personal data breach; or
– Receipt of any correspondence or communication from any individual, regulatory authority or third party regarding the processing of personal data; and
Apply appropriate technical and security measures to protect any such personal data against unauthorized or unlawful processing and against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to such personal data.1.
5. STORAGE OF MESSAGES
While your account is active, J2 Global will store messages sent and received through your J2 Global account, for a period of up to one year, in each case measured from the date of receipt of such message.
Contact lists are maintained while the account is in good standing. J2 Global shall maintain reasonable administrative, technical and physical safeguards to help protect the security, confidentiality and integrity of Customer information in its possession.
Customer acknowledges that J2 Global may change its practices and limitations concerning storage of messages, at any time and that notification of any such changes may be posted on the J2 Global Websites. Customer further agrees that this feature is provided as a convenience to Customer only and J2 Global and its parent(s), partner(s), subsidiary(ies), and affiliate(s) (“Affiliates”) have no responsibility or liability whatsoever for the deletion, loss, disclosure of, or failure to store, any messages and/or other communications maintained or transmitted by the Services.
You agree to pay all charges for your use of the Services according to the payment plan applicable to your Services, and in effect for your country of residence. Except as otherwise provided in your Written Agreement, J2 Global reserves the right to change prices or institute new charges for access to or use of J2 Global Services unless you have a signed Written Agreement with J2 Global. All changes will be posted by J2 Global on the J2 Global Websites and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of the Services or non-termination of your J2 Global account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
Charges for Services may include activation, recurring subscription, and usage fees. Your activation and recurring subscription fees are payable in advance and are COMPLETELY NON-REFUNDABLE. Usage charges are charged as and when such charges are incurred or by accumulating such charges (in the sole discretion of J2 Global) in accordance with the usage rates applicable to each of the Services you use.
Your payment plan may include a monthly allowance of free emails, or contacts. In the event that you have exceeded your rate plan’s allotted allowance you will be automatically charged usage fees for such each email or contact in excess of your monthly allowance. Unused allowances are not transferrable from month to month.
Payment of your J2 Global account balance is due monthly and, unless you have a qualified business account, must be made by the credit card designated by you for J2 Global use and transactions. If your J2 Global account is a qualified business account and is approved by J2 Global for corporate billing, charges will be accumulated, identified by Customer identification number and invoiced on a monthly basis.
If you subscribed for Services pursuant to a special offer granting you a free trial period, your activation fee and an initial monthly Services fee will BE PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (meaning the amounts pre-authorized will not be considered available credit or debit funds in such account) and will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such free trial period, unless you provide prior notice (in accordance with J2 Global verification procedures, as may be established by J2 Global from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before J2 Global reasonably could act on your notice.
Charges are to be paid on a monthly basis in the currency in which billed. A failure to pay the charges is a material breach of this Agreement and grounds for termination by J2 Global. If the payment method for your J2 Global account is by credit card and payment is not received by J2 Global from the card issuer or its agents, you agree to pay all amounts due upon demand by J2 Global. Each time you use the Services, or allow or cause the Services to be used, you agree and reaffirm that J2 Global is authorized to charge your designated card. Your card issuer’s agreement governs your use of your designated card in connection with J2 Global, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that J2 Global may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that J2 Global may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.
You agree that J2 Global may submit charges for your usage fees and recurring subscription fee each month or year, without further authorization from you, until you provide prior notice (in accordance with J2 Global’s verification procedures, as may be established by J2 Global from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before J2 Global reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact J2 Global’s Customer Support within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by J2 Global in accordance with this Agreement.
All charges will be exclusive of value added (“VAT”), sales or other taxes, except as required by law and only as applicable. Canadian residents will be charged G.S.T. and P.S.T. as applicable. If the Customer resides outside of Canada, the place of residency will be deemed not to be Canada unless J2 Global is notified otherwise. If your residency status changes, you must notify J2 Global and may be required to provide a mailing address and proof of residency. Non-Canadian residents will be deemed not to have registered for G.S.T unless J2 Global is notified otherwise.
For Campaigner these terms apply:
If you subscribed to a Contact Based Subscription Plan (“Contact Plan”) the subscription fees are based on the highest number of subscribers or contacts in your account at any time. While your fees may increase as your contact list grows, the fees will not be reduced as the numbers of contacts diminish unless you contact J2 Global Customer Support. For the purposes of this Agreement, each unique email address will count as one subscriber or contact.
Should J2 Global deem your cumulative account activity, including but not limited to factors such as high send volume or large contact lists, to be detrimental to J2 Global’s ability to provide Campaigner services to you or to other customers, J2 Global reserves the right in its sole discretion to move you to a Volume Subscription Plan.
Repeated uploading and removing of unique email addresses in an attempt to circumvent J2 Global’s Fee Schedule and billing procedures is prohibited.
If you purchased a “Pay as you Go” plan you will be charged for emails on a per campaign basis. The price list published at www.campaigner.com determines the charge per email in effect at the time the campaign is delivered. “Pay as you Go” plans must be used within 12 months of purchase. Any balance remaining after 12 months is NON-REFUNDABLE.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires you to open an account, you must complete the sign-up process by providing us with current, complete and accurate information as prompted by the applicable registration form. You agree to notify J2 Global promptly of any changes to this information as required to keep it current, complete and accurate. You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur by all users associated with your account.
You agree to notify J2 Global immediately of any unauthorized use of your account or any other breach of security. J2 Global will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by J2 Global or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
8. USE OF SERVICE/CUSTOMER RESPONSIBILITIES
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. If you are registering on behalf of a corporation you warrant that you have the authority to bind the corporation. You agree to be financially responsible for your use of the Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
- Abide by any prohibitions on use set forth in or referenced by this Agreement.
- Obtain and pay for all equipment and third-party services (e.g., telephone and computer equipment) required for you to access and use the Services;
- Maintain the security of your password, PIN number and other confidential information relating to your account and;
- Be responsible for all charges resulting from use of your account, including unauthorized use prior to your notifying J2 Global of such use and taking steps to prevent its further occurrence.
- Abide by the terms in the “Additional Terms for SMS,” if you use the Services for SMS messaging.
Images hosted by J2 Global on J2 Global controlled servers may only be used in connection with the Services and for no other purpose whatsoever. To the extent you use images provided by J2 Global, J2 Global hereby grants to you a limited, non-exclusive, non-transferable sublicense to use the images in an unaltered state solely in connection with your use of the Services.
9. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by this Agreement and any notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any J2 Global server, or the network(s) connected to any J2 Global server, or interfere with any other party’s use and enjoyment of any Services.
You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any J2 Global server or to any of the Services, through hacking, password mining or any other means. You will not use or register the name J2 Global or any other trade name or trade mark of J2 Global without express, prior permission, and you will not obstruct the identification procedures used by J2 Global in the Services.
You represent that you comply with applicable law relating to your activities under this Agreement, including but not limited to privacy and data protection laws and applicable rules established by the Federal Communications Commission and the Federal Trade Commission. You represent that the information submitted for transmission via the J2 Global network for the Services is for lawful purposes only and that the transmission of messages or files is not in violation of any federal, state or provincial laws including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, provincial, state, national or other law.
You may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of the copyright holder. You agree to comply with all applicable laws, regulations, or conventions including those related to Do-Not-Call provisions, email marketing, anti-spam, anti-phishing, data privacy, international communications, and export of technical or personal data.
You are fully responsible for the content of your transmissions through the Services and agree and acknowledge that you are the creator of all content, and that J2 Global is not the author or publisher of any content and J2 Global does not rent or sell lists of any kind. J2 Global simply acts as a passive conduit for you to send and receive information of your own choosing.