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Terms of Use

This is an agreement ("Agreement") between PRESSfish, LLC ("Company") and any person ("User") who completes the registration process to open and maintain an account with the Company's  Personal service ("Service"). Company and User are collectively referred to as the "parties."

1. Service Terms

a. Description. The Service is proprietary to Company and is protected by intellectual property laws and international intellectual property treaties. User's access to the Service is licensed and not sold. Subject to [the timely payment of all Fees and] the terms and limitations set forth in this Agreement, Company agrees to provide User with a personal, non-transferable and non-exclusive account enabling User to access and use the Service (but not for service bureau, time-sharing, or similar services). The Company reserves all rights not expressly granted to User, including, but not limited to, the right to alter, modify, update, enhance, or improve the Service.

b. Accessibility. User agrees that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Company may undertake from time to time; or (iii) causes beyond the control of Company or which are not foreseeable by Company.

c. Equipment. User shall be solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for User's use of the Service, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, programs and services required to access and use the Service.

2. Limitations

a. Security. User shall be solely responsible for the security, confidentiality and integrity of all messages and the content that User receives, transmits through or stores on the Service. User shall be solely responsible for any authorized or unauthorized access to User's account by any person. User agrees to bear all responsibility for the confidentiality of User's passwords and all use or charges incurred from use of the Service with User's passwords.

b. Privacy Policy. In an effort to address User's privacy concerns, Company has instituted a privacy policy ("Privacy Policy") which may be found at http://www.pressfish.com/privacy and is incorporated herein by this reference. Company reserves the right to change the Privacy Policy at any time. User acknowledges that it has read and understands the Privacy Policy and that User has the obligation to periodically review the Privacy Policy from time to time. In the event any provisions contained in this Agreement conflicts with any terms, conditions or clauses contained in the Privacy Policy, the provisions of this Agreement shall govern.

3. Intellectual Property

The intellectual property utilized in providing the Service is the valuable, confidential and copyrighted property of Company. User may use the Service as permitted herein and may not otherwise modify, adapt, translate, or create derivative works based on the Service without the prior written consent of Company. If User wishes to use the Service or any ancillary and interface software utilized in providing the Service in a manner not expressly permitted by this Agreement, User may request express written permission from Company by giving to Company a written description of the intended use and such other information as Company may reasonably request. Such written permission may be given or withheld in the sole discretion of Company. As between the parties, Company owns all right, title, and interest in and to the Service, including without limitation, all ancillary and interface software, all current and future enhancements, revisions, new releases and updates thereof and any derivative works based thereon and all documentation thereto, all copyrights, trade secrets, patents and goodwill therein. As between the parties, User shall retain all rights, if any, which User may have in any images, photographs, illustrations, graphics, audio clips, video clips and text retrieved, viewed or sent by User using the Service. "FuseMail" and the "FuseMail" logo are service marks of Company. All other trademarks, service marks and logos used on the website or through the Service are the trademarks, service marks or logos of their respective owners.

4. INTENTIONALLY REMOVED

 

5. User Representations

User represents and warrants to Company that: (a) User is over the age of eighteen (18) and has the power and authority to enter into and perform User's obligations under this Agreement; (b) all information provided by User to Company is truthful, accurate and complete; (c) User shall comply with all terms and conditions of this Agreement, including, without limitation, the provisions set forth in Section 6; (d) User has provided and will maintain accurate and complete registration information with Company, including, without limitation, User's legal name, address and telephone number; and (e) User's access to and/or use of the Service does not and will not constitute a breach or violation of any other agreement, contract, terms of use, or similar policy or understanding to which User is or may be subject.

6. Prohibited Uses

User is solely responsible for any and all acts and omissions that occur under User's account or password, and User agrees not to engage in unacceptable use of the Service, which includes, without limitation, use of the Service to: (a) disseminate, store or transmit unsolicited messages, chain letters or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate, store or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (g) disseminate, store or transmit viruses, trojan horses or any other malicious code or program; (h) consume an unfair, unequal, or excessive amount of network or system resources including but not limited to; excessive SMTP usage, excessive IMAP usage, or use of a automated program to transmit large quantities of information; or (i) engage in any other activity deemed by the Company to be in conflict with the spirit or intent of this Agreement.

7. Termination

This Agreement is effective upon User's acceptance as set forth herein and shall continue in full force until terminated. User may terminate this Agreement for any reason upon thirty (30) days prior notice to Company. This Agreement will terminate automatically without notice from Company if User fails to comply with any provision of this Agreement. Company reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Service; (b) suspend User's access to or use of all or any portion of the Service; and (c) terminate this Agreement. Termination for any reason shall not affect Company's entitlement to any sums due hereunder, or any additional remedies provided by law or equity. Under no circumstances shall User be entitled to any refund on any portion of fees paid in connection with this Agreement.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT USER'S SOLE RISK. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE. COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE.

9. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, USER'S USE OR INABILITY TO USE THE SERVICE, ANY CHANGES TO OR INACCESSIBILITY OF THE SERVICE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL FEES PAID, IF ANY, BY USER TO COMPANY HEREUNDER. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE SERVICE, USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SERVICE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7.

COMPANY IS NOT AN INSURER WITH REGARD TO PERFORMANCE OF THE SERVICE. THE DISCLAIMER OF WARRANTIES AND THE LIMITATION OF LIABILITY AND REMEDY ARE A REFLECTION OF THE RISKS ASSUMED BY THE PARTIES IN ORDER FOR USER TO OBTAIN THE RIGHTS TO USE THE SERVICE AT THE SPECIFIED PRICE, IF ANY. USER AGREES TO ASSUME THE RISK FOR: (i) ALL LIABILITIES DISCLAIMED BY COMPANY CONTAINED HEREIN; AND (ii) ALL ALLEGED DAMAGES IN EXCESS OF THE AMOUNT, IF ANY, OF THE LIMITED REMEDY PROVIDED HEREUNDER.

10. Indemnification

User agrees to indemnify, hold harmless and defend Company, its members, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to: (a) this Agreement; (b) User's use of the Service, including any data or work transmitted or received by User; and (c) any unacceptable use of the Service by User or through User's account, including, without limitation, any statement, data or content made, transmitted or republished by User which is prohibited as unacceptable at Section 6.

11. Miscellaneous

a. Independent Contractors. The parties and their respective personnel, are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.

b. Amendment. Company shall have the right, at any time and without notice, to add to or modify the terms of this Agreement, simply by delivering such amended terms to User by email at the address provided to Company by User. User's access to or use of the Service after the date such amended terms are delivered to User shall be deemed to constitute acceptance of such amended terms.

c. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

d. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.

e. Notice. All notices shall be in writing and shall be deemed to be delivered when sent by first-class mail, postage prepaid, or when sent by facsimile or e-mail to either party's last known post office, facsimile or e-mail address, respectively. User hereby consents to notice by email. All notices shall be directed to the parties at the respective addresses given above or to such other address as either party may, from time to time, provide to the other party.

f. Law. This Agreement shall be treated as though it were executed and were to be performed in the County of Broward, State of Florida, USA. The rights and obligations under this Agreement shall not be governed by the United Nations Convention on Contracts or the International Sale of Goods, the application of which is expressly excluded, but such rights and obligations will instead be governed by the laws of the State of Florida, USA. This Agreement shall be interpreted in accordance with and governed by the laws of the State of Florida, USA, without regard to conflict of law principles.

g. Forum. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts in the State of Florida. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts in the State of Florida. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the State of Florida and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in the State of Florida.

h. Process. The parties irrevocably submit and consent, and irrevocably waive any and all objections which any party may now or hereafter have, to process being served in any such suit, action or proceeding referred to in the preceding subsection pursuant to the rules of the applicable court, including, without limitation, service by certified or registered mail, return receipt requested. No provision of this section shall affect the right of any party to serve process in any manner permitted by law or limit the right of any party to bring suits, actions or proceedings to enforce in any lawful manner a judgment issued by the state or federal courts of the State of Florida, USA.

i. Action. No action arising under this Agreement may be brought by User more than one year after the cause of action has accrued.

j. Attorney's Fees. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.

k. Headings. The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.

l. Force Majeure. If the performance of any part of this Agreement by either party (other than the payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.

m. Survival. The terms and provisions of Sections 2, 3, 5, 6, 7, 8, 9, 10 and 11 shall survive any termination or expiration of this Agreement.

n. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Service and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Service.

 

Privacy Policy

We have created this email privacy policy to demonstrate our firm commitment to your privacy and the protection of your information.

PRESSfish is committed to safeguarding the information that Users entrust to PRESSfish and we believe every User should know how PRESSfish utilizes the information collected from the usage of the service. This Web Site is not directed at children under 13 years of age. However, children under the age of 13 which wish to participate in PRESSfish Forum must submit a permission form prior to becoming a registered user.

The Information We Collect

PRESSfish may collect personally identifiable information from Users in a variety of ways, including through online forms for ordering products and services, and other instances where Users are invited to volunteer such information. PRESSfish may also collect information about how Users use our service, for example, by tracking the number of unique views received by the pages of the our Web Site, or the domains from which Users originate. We may use "cookies" to track how Users use our service. A cookie is a piece of software that a Web server can store on the Users' PC and use to identify the User should they visit the web site again. While not all of the information that we collect from Users is personally identifiable, it may be associated with personally identifiable information that Users provide us through our Web Site or other online services.

How We Use Information

PRESSfish may use personally identifiable information collected through our Web Site to contact Users regarding current and planned future products and services offered by PRESSfish and its trusted independent contractors and business partners, and otherwise to enhance Users' experience with PRESSfish and such independent contractors and business partners. PRESSfish will at no time release or sell customer lists or other private and personal information (such as email, name, address, and telephone number) to any 3rd party for the purposes of marketing of any kind, such as 3rd party unsolicited email (SPAM). PRESSfish will not access or release private and personal information on your account, except in the case of:

  • Comply with a court order, subpoena, criminal investigation, or any legal instrument from a Governmental Authority of competent jurisdiction.
  • Enforce the PRESSfish Terms of Service.
  • Administer, maintain, and improve the service.
  • Providing customer service to User (such as investigating an User related bug)
  • Protect and defend the rights or property of PRESSfish and its members or others.

PRESSfish may also use information collected through our Web Site for research regarding the effectiveness of the Web Site and the marketing, advertising and sales efforts of PRESSfish, its independent contractors and business partners.

Disclosure of Information

PRESSfish may disclose information collected from Users to independent contractors and business partners who will use the information only for the purposes outlined above. We may also disclose aggregate, anonymous data based on information collected from Users to investors and potential partners. Finally, we may transfer information collected from Users in connection with a sale of PRESSfish's business.

Maintenance of Information

Information about Users that is maintained on our systems is protected using industry standard security measures. However, we cannot guarantee that the information submitted to, maintained on, or transmitted from our systems will be completely secure.

Why did you receive an email from us?

If you received a mailing from us, (a) your email address is listed as being an account holder or (b) you have an existing business relationship with our account holder and have expressly shared this address for the purpose of receiving information in the future ("opt-in").

How can you stop receiving email?

Each email sent contains an easy, automated way for you to cease receiving email from the lists your are subscribed to, or to change your expressed interests. If you wish to do this, simply follow the instructions at the end of any email.

How we protect your privacy

We use security measures such as encryption to protect against the loss, misuse and alteration of data used by our system.

Data Definitions

We hold two types of data. These are a) your personal account information and b) the data of subscribers who are on your lists ('subscriber data').

Sharing and Usage of Account Information

We will never share, sell, or rent your personal account information or subscriber data with anyone without your advance permission or unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information and to contracted service providers for purposes of providing services relating to our communications with you.

Account Termination

Upon termination of your account, both your account data and subscriber data will be deleted.

Injunction Clause

If, for any reason, this policy is violated, you may obtain a legal injunction to prevent the exposure of your data.

Liability Limitation

In no case whatsoever will liability of the Company exceed the amount of monies paid for services nor with the Company be liable for indirect, special, or consequential damages of any kind to any party.

Privacy Policy Changes

If this privacy policy changes in the future, all account holders will be notified of the change at least ten (10) days before it occurs and have the option to terminate his or her account and thus have their data removed from the system.

Questions

Users may direct questions concerning this Privacy Policy by email to pressprivacy at pressfish.com.

Anti-Spam Policy

For Email Recipients, ISPs, and Blacklist Admins

 

PRESSfish has a no tolerance spam policy. User accounts will be terminated if they send unsolicited email messages. Please report any suspected abuse to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . ISPs and Blacklists administrators may contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Please forward the complete email in question, including headers. You may also call (954) 239-9733 to report abuse. If applicable, please also unsubscribe from the newsletter using the link at the bottom of the email if you no longer wish to receive emails from the sender. We will take the appropriate action against the sender of the email in question.

ISP and Blacklist Admin Relations

PRESSfish has built relationships with many of the leading ISPs and blacklist administrators. These relationships usually involve the sharing of information regarding policies, practices and issues. If you are an ISP, mail administrator or blacklist owner and would like to get in touch with us, please email This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

For PRESSfish Users

All users of our PRESSfish software must agree to only sending permission-based email newsletters as part of agreeing to the End User Service Agreement (EUSA) upon signup. This means that all recipients sent to must have opted-in to receive communications from the sending organization.

An opt-in can occur either via a sign-up form on a web site, at a point-of-sale sign-up form, or on a physical sign-up sheet. Any opt-in form should include a clear description of what will be sent and how often it will be sent. Purchased lists may not be used within the PRESSfish system, regardless of the source or permission status.

As a user of PRESSfish, you may not:

  • -harvest emails from web sites
  • -purchase lists (whether they are opt-in or not)
  • -have a pre-checked field on your subscription form
  • -have a subscription form that subscribes users to an unrelated list
  • -send out unrelated offers or unrelated content to your newsletter list
  • -add an email address into a list without the subscriber's permission
  • -email someone who has requested to be removed from your list
  • -utilize a list older than 6 months without reconfirming the recipients' subscriptions

 

You may:

  • -send out a regular newsletter to a recipient who has opted-in to receive it
  • -send out information and content to recipients who have requested to receive content on that topic from your organization

 

Policy Enforcement

PRESSfish has a no tolerance spam policy. The strict measures we take to enforce our policy include, but are not limited to:


  • -We review and monitor large list imports. This includes a review of the list source, list age, collection methods, and confirmation practices.

  • -We utilize an MD5 hash record to screen for characteristics of commonly harvested lists

  • -A member of our staff reviews each message sent to more than 5000 recipients and either will approve or reject it. This threshold is 500 recipients for clients that have been with us less than two months.

  • -We utilize a content-checking utility to screen and flag any message that contains words common to unsolicited emails.

  • -We require a user to initial the following statement prior to each send: "I certify with my initials that all recipients granted their permission to be sent this message."

  • -A record is saved of every email that is sent through the system.

  • -Any customer found to be using PRESSfish for spam will be immediately cut-off from use of the product.

  • -We maintain the IP address and date subscribed for every new subscriber.

  • -Every email, whether text or HTML, contains a mandatory unsubscribe/opt-out link at the bottom of the message. This unsubscribe link cannot be removed.

 

Procedure for Handling Complaints

We have a no tolerance spam policy. Your account will be immediately terminated if you send spam. Spam is defined as unsolicited mass email to persons with whom you do not have a business relationship or have not requested (opted-in to) your mailing. PRESSfish is intended for businesses and organizations who have an established list of permission-based opt-in email addresses. We provide our product only to those who follow our strict anti-spam policy. Using the system to send out emails to addresses obtained in any way other than a subscriber opting-in to your list may incur a $100 (US) charge per substantiated incident (i.e. per email) in accordance with state and federal regulations.

To determine whether you have sent spam we will:


  • -review the content of the message in question

  • -review your subscriber list for patterns common to harvested lists

  • -review the spam complaint

  • -view the records to see when the subscriber was subscribed and their IP address

 

Procedure for Handling False Positive Complaints

We realize that it is possible for those who have subscribed to your mailings to have forgotten that they have subscribed. For this reason, we keep the IP address and date of subscription for all new subscribers. If we receive a complaint from a subscriber for which we have a record of their subscription, and the email sent to them contained the content they subscribed to, then we will notify the subscriber of the date and from which computer they subscribed from and provide a link for that subscriber to unsubscribe from your list.

Upon this type of complaint, we will notify you of the complaint, explain the action taken, and review your web site and may suggest changes to the notifications or descriptions you provide when subscribers sign up for your lists.

In the case that a subscriber who makes a complaint did not sign up through your site (i.e. was imported into the system) no IP record or date of subscription will be available. In this case, we will investigate the situation, look at the email in questions, and if it is determined that you may be sending UCE we will immediately disable the sending function on your account and we will immediately contact you by email and/or phone. As soon as we hear from you and are able to verify that the subscriber was indeed an opt-in subscriber, we will remove the sending-block.

Transfer of Subscribers

Please note that a subscriber subscribing to one of your lists does NOT give you permission to transfer them to other lists or send them content, even if it is through the same list, that differs from the content subscribed to.

For more information visit The Coalition Against Unsolicited Email or contact PRESSfish Customer Support.

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