By registering, accessing or using any services developed, operated, maintained or hosted by By registering, accessing or using any services developed, operated, maintained or hosted by markovation.com. (Markovation) including all websites and IP addresses available at and configured for use at http://markovation.com or *.markovation.com, (“Service”), you agree to be bound to the following terms and conditions (“Terms of Service.”) and you agree that it is enforceable as if it were a written negotiated agreement signed by Markovation and you.
Markovation, in its sole discretion, reserves the right to revise, update and change the Terms of Service from time to time without notice to you, and you agree to be bound by such modifications or revisions. Any new features that augment or enhance the current Service, including the release of new features and resources, shall be subject to the Terms of Service. You agree to use the Service at your own risk and you understand that Markovation cannot be responsible for the Content posted on the Service. You can review the most current version of the Terms of Service at any time at http://www.markovation.com/terms-of-service/
BY CONTINUING TO USE THE SERVICE, YOU ARE CONFIRMING YOUR CONSENT AND AGREEMENT TO BE BOUND BY THE MOST RECENT TERMS OF SERVICE.
- You are of legal age to form a binding contract under the laws of Ontario, Canada.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process and/or continued use of the Service. Markovation reserves the right to terminate your use of the Services upon the discovery that the information you provided is not complete or accurate.
- Login to your account may only be used by one person – a single login shared by multiple people is not permitted.
- One person or legal entity may not maintain more than one free account.
- You agree not to share your username and password with other people. You are responsible for maintaining the confidentiality of your Service account and password. It is your responsibility to notify Markovation if you believe your username or password have been compromised or used in an unauthorized manner. Markovation assumes no responsibility, liability or obligations for any loss or damage to resulting from your failure to comply with the security of your username and/or password.
- You are responsible for all Content posted and activity that occurs under your account and under the other accounts that are created on the Service.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
- You are responsible for complying with all applicable local, state, national and foreign laws relating to your use of the Service. You may not violate any applicable law or regulation; post or transmit any materials that violate any applicable local law; use the Service for any fraudulent or inappropriate purpose.
- You may not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
- You may not resell, duplicate or reproduce or exploit any part of the Service without the written consent permission of Markovation.
- Markovation may modify, suspend or discontinue this Service at any time, for any reason, at its sole discretion. Markovation reserves the right to refuse service to anyone for any reason at any time.
- Markovation claims no ownership, responsibility or intellectual property rights over any of the content or materials you provide to the Service.
- If you cancel or terminate your Service, all of your content, data, information, text, files, documents, images will be immediately deleted from the Service.
Markovation grants to you a limited personal, non-exclusive and non-transferable right and license to access the Site and use the Services thereon.
Markovation Services shall contain, without limitation, e-mail services, marketing services, review and message boards and various other message communication applications.
You must be able to directly verify when and where each contact to whom you intend to send emails to (“Subscriber”) subscribed to receive such emails. Purchased/paid subscriber lists are not allowed and any use of such lists will result in immediate cancellation of your account and no paid fees will be refunded. You must ensure that all Subscribers have fully “opted-in” and consented to receive e-mails from you and, therefore, have specifically acknowledged that you may be sending them e-mail. All account email addresses must be valid.
Full message source size may not exceed 2MB’s after message has been fully constructed. Attachments are limited to one attachment at or below 50kb in size and we reserve the right to limit file types allowed.
Accounts are meant to be used for a single set of subscribers. You are not allowed to continually delete and re-import new contacts into an account. (Example: Signing up for a 25,000 contact plan and trying to send to 100,000 contacts by deleting and importing new contacts repeatedly)
Certain data points including but not limited to EGEO & ERJA data can not be exported from the service.
We continually monitor your sending and Subscriber actions to check for above average bounce, abuse, and/or unsubscribe rates. If any rate becomes abnormal your account may go into manual review. Should your sending activity cause spam reports or sending complications Markovation reserves the right to terminate the account without any refund. Markovation reserves the right to refuse service (sending or any other service) with or without reason.
In connection with your use of the Site and/or the Services, you acknowledge and agree that you will not:
a. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site or the Services;
b. access the Site or Services by any means other than through the standard industry-accepted or Markovation-provided interfaces;
c. transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another’s right of privacy or publicity;
d. impersonate any person or entity, including without limitation, any Markovation official, employee, or falsely state or otherwise misrepresent your afMarkovationation with such a person or entity;
e. post or transmit any material that contains a virus or corrupted data;
f. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
g. use of any Site or Service’s communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);
h. post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
i. violate any applicable local, state, national or international law;
j. upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
k. delete or revise any material posted by any other person or entity;
l. manipulate or otherwise display the Site and/or the Services by using framing or similar navigational technology;
m. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Markovation product or Service if you are not expressly authorized by such party to do so;
n. attempt to log into your account on more than one device at the same time without the express written permission of Markovation;
o. use an account for more than a single set of contacts by continuously deleting and re-importing new contacts into a recurring account (e.g. signing up for a 25,000 contact plan and attempting to send emails to 100,000 Subscribers by deleting and importing new contacts repeatedly); or
p. use the Site and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site or the Services in any manner that could damage, disable, overburden or impair Markovation’s servers or networks, or interfere with any other user’s use and enjoyment of the Site and/or the Services. Furthermore, you may not attempt to gain unauthorized access to any of the Site, Services, accounts, computer systems or networks connected to Markovation through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services.
In addition to the above, to ensure top deliverability we have very strict rules on the content and sending of emails from our service. The following types of emails and/or industries are not allowed (with no exceptions) for use with our service:
- Paid lists (of any form);
- Rented lists (of any form);
- List brokers (of any form);
- Sending email without explicit permission;
- Sending email advertisements for multiple companies all to the same list (sometimes known as “dedicated email ads” or “solo email ads”);
- Pornography, sexually explicit emails;
- Illegal substances, illegal goods of any form;
- Pills, online drug purchases;
- Dietary supplements;
- Male enhancement products;
- Escort and dating services;
- AfMarkovationate marketing;
- eLoans, loan offers, pay day advances;
- Day trading tips, forex, etc.; and
- Get rich quick schemes;
- Work at home;
- Multi-Level-Marketing & Pyramids;
- A valid PayPal Account is required for paying accounts, unless otherwise specified. Free accounts are required to provide a Paypal Account.
- The free account entitles new, registered users/entities to a free trial usage of the Service. It is provided at no cost to the user/entity. While using the free account, Markovation may restrict the length of time, number of days, storage limits, page views, number of participating members and the number of Projects created and owned by the user. Markovation reserves the right to change the terms, cost and duration of the Free or any other Plans at any time. If the user desires additional services beyond the scope and limitations of the free account, then the user must subscribe to the Service as a paying customer.
- The service is billed in advance on a monthly or a yearly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. Markovation reserves the right to terminate or suspend an account for non-payment of subscription dues.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- Markovation does not accept any liability of loss of Content by downgrading your Service
- Markovation reserves the right to change Service fees upon 30 days notice. Such notice may be provided at any time by posting the changes to the Markovation Site (markovation.com) or the Service itself.
Cancellation and Termination
- You are solely responsible for properly cancelling your account. You may cancel your account at anytime from the “client portal” page http://portal.markovation.com.
- There is no cancellation fee.
- All of your Content will be immediately deleted from the Service upon cancellation. Once your account is cancelled, your Content cannot be recovered.
- There will be no refund if you cancel the Service before the end of your current, paid-up month or year, and you will not be charged or billed thereafter.
- Markovation may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account.
- Markovation reserves the right to refuse service to anyone for any reason at any time.
- Accounts that are idle (not logged in) for more than 3 months (90 days) will be removed permanently from our servers.
Intellectual Property Rights
- You agree that Markovation owns all rights to the code, databases, visual-design and layout of the Service.
- Markovation claims no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
- You may not use any robot, spider, other automated device, or manual process to monitor or copy any Content from the Service.
- You may not resell, duplicate or reproduce or exploit any part of the Service without the written consent permission of Markovation.
- You may not duplicate, copy, or reuse any portion of the visual design or layout of the Service without the written consent permission of Markovation.
Warranties and Liability
Markovation does not warrant that:
- the Service will meet your requirements or expectations.
- the Service will be uninterrupted, timely, secure, bug or error-free.
- the calculations performed by the Service are accurate.
- any errors or bugs in the Service will be corrected.
You expressly understand and agree that Markovation 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 Markovation has been advised of the possibility of such damages), resulting from your usage of the Service.
- Your use of the Service is at your sole risk. You acknowledge, understand and agree that Markovation provides the Service to you “As Is” and “As Available” without warranty or condition of any kind, either express or implied, including, but not limited to, the implied warranties of availability, accuracy, reliability, timeliness, security completeness or non-infringement.
- Technical support is only provided to paying account holders and is available as per the terms of your account.
- You understand that Markovation uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run and manage the Service.
- You acknowledge, understand and agree that Markovation cannot guarantee the security of your data while it is being transmitted over the Internet and through servers that are out of our control.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated, linked to, or partnered with the Service or Markovation.
- Verbal, physical, written or other abuse of any Markovation customer, employee, member, or officer will result in immediate account termination and legal action.
- You must not upload, post, or transmit unsolicited email or “spam” messages or otherwise any material that is illegal, pornographic, abusive or obscene.
- You agree to defend, indemnify, and hold harmless Markovation its officers, directors, employees and its agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the Service or your violation of this Terms of Service.
- Markovation respects the privacy of its users. Please read our Privacy Statement at http://www.markovation.com/legal/, which forms part of these Terms.
- You agree to receive administrative and legal notices about the Service electronically via email or snail mail.
- Markovation may send you a hard copy of this agreement to get an official, authorized signature.
The failure of Markovation to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Markovation and govern your use of the Service, superseding any prior agreements between you and Markovation (including, but not limited to, any prior versions of the Terms of Service).
If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact Markovation..