Terms of Service
Updated May 8, 2018The Terms of Service (“Terms”) govern your access to and use of Cerkl (“Service”), a division of Super Awesome Media, LLC., website as an organization and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on Cerkl (collectively referred to as “Content”). By creating an organization on Cerkl you agree to be bound by these Terms.
GeneralOnly authorized representatives may create an organization. By default, content posted to an organization page is public and viewable by anyone with access to the Internet.
Organization Page ManagementOrganization names must accurately reflect the page content. We may remove administrative rights or require you to change the organization name for any organization that fails to meet this requirement. If you collect content and information directly from subscribers, you will make it clear that you (and not Cerkl) are collecting it, and you will provide notice about and obtain user consent for your use of the content and information that you collect. Regardless of how you obtain content and information from users, you are responsible for securing all necessary permissions to reuse their content and information. You will not collect users’ content or information, or otherwise access Cerkl, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
Your Distribution List(s)Your subscriber lists are stored on a secure Cerkl server. We don’t, under any circumstances, sell your lists, contact people on your lists, market to people on your lists, steal your lists, or share your lists with any other party (unless it’s required by law). If someone on your list complains or contacts us, we may then contact that person. GDPR compliant privacy controls are available at the subscriber level. Your organization may choose to adjust the privacy controls for users but in doing so you are stating you have a lawful basis for doing so. Only authorized employees have access to view Distribution Lists. You may export (download) your lists from Cerkl at any time.
Contract Term and RenewalIf you subscribe to the Service, your “Original Contract Term” will begin on the date that you pay to subscribe and expire at the end of the period selected in the subscription process and specified in the billing/subscription page quote provided to you by Cerkl, unless terminated earlier in accordance with this Agreement. For customers paying annually, unless either party provides notice that it does not intend to renew this Agreement at least 30 days before the end of the Contract Term, this Agreement will be automatically renewed for a “Renewable Contract Term”:
- (a) on the terms and conditions of this Agreement then in effect;
- (b) subject to the pricing structure and usage levels specified for renewal terms in this Agreement or, if not specified, as then posted at https://cerkl.com/pricing and
- (c) for a term equal to the lesser of the Original Contract Term or one month. Except as provided in this Agreement, a Contract Term cannot be canceled prior to its expiration. Fees for each Contract Term are non-cancelable, and fees paid in advance will not be refunded.
FeesGeneral price increases will not affect you during the Original Contract Term. Cerkl will charge or invoice you under the new price structure at the beginning of each Renewable Contract Term. Cerkl will invoice you at the beginning of the Initial Contract Term and at the beginning of each subsequent Renewable Contract Term. All quoted fees in the Quote Form are payable in advance and are exclusive of taxes, which Cerkl will charge or invoice as applicable, and you agree to pay any such taxes applicable to your use of the Service. All amounts invoiced are due and payable within 30 days of the date of the invoice. Payment instructions shall be as set out on Cerkl’s invoice.
- 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 of email addresses.
- You won’t violate our Acceptable Use Policy, which is part of this Agreement.
- If you use our API, you’ll comply with our API Usage Policy.
- You will only add users that you have a lawful basis to contact.
Compliance With LawsYou represent and warrant that your use of Cerkl 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, GDPR, or other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements.
Export ControlsThe 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.
PromotionsIf you use Cerkl to communicate about or administer a promotion (such as a contest or sweepstakes), you are responsible for the lawful operation of that promotion, including the official rules, offer terms and eligibility requirements (e.g., age and residency restrictions), and compliance with regulations governing the promotion and all prizes offered in connection with the promotion (e.g., registration and obtaining necessary regulatory approvals). Please note that compliance with these guidelines does not constitute the lawfulness of a promotion. Promotions are subject to many regulations and if you are not certain that your promotion complies with applicable law, please consult with an expert. We may revise these Terms from time to time, the most current version will always be at http://cerkl.com/terms. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use Cerkl after those revisions become effective, you agree to be bound by the revised Terms.
Limitation of LiabilityTo the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team 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. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
No WarrantiesTo 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 warranties of merchantability and fitness for a particular purpose.
IndemnityYou agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed 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 third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
Attorney FeesIf we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
Liquidated DamagesIn some cases, a breach of these Terms could cause damages, but proving the actual damages would be impossible. These cases will result in the corresponding liquidated damages, which are a reasonable pre-estimate of the damages:
- If you send emails that violate anti-Spam laws, then the liquidated damages will be five times the amount you paid us over the past 12 months, but not less than $900.
- If you host images for anything other than your Emails, or use our resources in any way that’s not permitted by these Terms, then the liquidated damages will be four times the amount you paid us over the past 12 months, but not less than $720.
- If you don’t pay an amount due within thirty (30) days after we send you a late payment notice, then the liquidated damages will be three times the total amount you paid us over the past 12 months, but not less than $540 plus the amount owed.
Notice to U.S. Government End UsersThe Software and Website, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §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