Terms of Service
- DirectMX (the "Service") offers protection against viruses and unsolicited bulk messages sent via electronic mail. It consists of the computing and communications services, software, databases, data, information and all other material (collectively "Information") available through the DirectMX service. Use of the Service is subject to the following Terms of Service ("TOS"), and shall apply to all individuals (collectively "Users") that make use of a Customer's account. Use of the DirectMX service constitutes full acceptance of these terms by Customer.
- DirectMX may modify the TOS or its pricing without prior notice. DirectMX may discontinue or revise any or all other aspects of the Service at its sole discretion and without prior notice. DirectMX will publish this TOS on the Service web site. Notice of changes to Customer's accounts or pricing will be made via email. Use of the Service after such notice shall constitute acceptance of the new terms and/or conditions.
- Unless otherwise agreed to in writing, Customer's right to use the Service or to designate users is not transferable and is subject to any limits established by DirectMX. The Service is a private membership system. As such, DirectMX reserves the right to refuse any application, or cancel any membership with a full refund of unused fees at its sole discretion. Should DirectMX suspend or terminate the Customer's use of the Service pursuant to the TOS, the Customer has no right to any data stored, DirectMX will be under no obligation to make such data or any copies of it available to the Customer in any form, and the Customer's data stored on DirectMX's facilities may be explicitly erased without prior notification.
- The Service may only be used for lawful purposes. Transmission of any material in violation of any U.S. or state regulation is prohibited. This includes, but is not limited to, copyrighted material or material protected by trade secret. Customer agrees to indemnify DirectMX against liability for any and all use of Customer's account.
- Customer is responsible for and must provide equipment and services necessary to access the Service. Customer shall not nor shall it permit or assist others to use Service for any purpose other than that for which it is intended. The Customer shall be responsible for all use of the Service accessed through Customer's or its designated Users' password(s). Customer shall not nor shall it permit or assist others to abuse or fraudulently use Services, including but not limited to the following:
- Obtaining or attempting to obtain service by any fraudulent means or device with intent to avoid payment;
- Accessing, altering, or destroying any information of DirectMX, its Users, or another external service by any unauthorized means or device, or attempting to do so;
- Permitting the accessing, altering, or destroying of any information of DirectMX, its Users, or another external service by any unauthorized means or device;
- Using Services so as to interfere with the use of the DirectMX network or another external service by authorized users, intentionally or not; or in violation of the law or in aid of any unlawful act.
- All startup or setup fees are non-refundable. After 24 hours, prepaid accounts are non-refundable. Accounts may be paid by credit card, check draft, money order, check, or cash. Accounts with returned checks or check drafts and declined credit card charges are subject to a $25.00 processing fee per incident.
- Customer shall pay, in accordance with the provisions of the billing option selected by Customer, any setup fees, subscription fees or late fees incurred by Customer or its designated Users at the rates in effect for the billing period in which those charges are incurred. The Customer shall pay all applicable sales and use taxes relating to its and the Users' use of the Service. Unless otherwise specified, terms of payment on all charges are net twenty (20) days in U.S. currency. If any payment due hereunder is not made by the Customer within thirty (30) days after the invoice date, late charges of the greater of five dollars ($5.00) or 5% of the overdue balance may be assessed with respect to such payment. For accounts not approved by DirectMX for invoice billing, Customer must prepay or provide payment by credit card or check draft. Delinquent accounts over 30 days may be terminated, charged a $25.00 processing fee and referred to a collection agency. The Customer agrees to pay all costs including attorney's fees in the collection of outstanding accounts.
- CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT USE OF THE SERVICE, WHICH INCLUDES THE CONTENTS THEREOF AND ANY STORAGE OR USE OF INFORMATION, IS AT CUSTOMER'S SOLE RISK. NEITHER NOR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES DIRECTMX OR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SERVICE OR INFORMATION. NEITHER DIRECTMX NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY.
- Neither Customer nor its designated Users may reproduce, redistribute, retransmit, publish, or otherwise transfer, or commercially exploit any proprietary information of DirectMX or another Customer or Service that they receive through the Service unless prior permission is given in writing and signed by a duly authorized representative of DirectMX, Customer, or Service respectively.
- The provisions of Paragraph 8 and 9 are for the benefit of DirectMX and its Information Providers, Licensors, Employees, and Agents, and each shall have the right to assert and enforce such provisions directly on its own behalf.
- The TOS and the relationship between you and DirectMX shall be governed by and construed in accordance with the laws of the State of Colorado, and shall submit to the exclusive jurisdiction of the courts located within El Paso County, Colorado. Any cause of action of Customer or its designated Users with respect to the Service must be instituted within one year after the claim or cause of action has arisen or be barred.
- Cancellations must be made in writing either by USPS, email or fax. Customers who cancel new accounts within 24 hours of creation will receive a refund of unused access fees. After the first 24 hours, all prepaid fees are non-refundable.
- Should Customer be in default of any provision of this TOS, DirectMX may, at its sole discretion and without notice to the Customer, (a) suspend its performance under this TOS and the Customer's and its Users' access to and use of the Service until the default condition is remedied or (b) terminate the Customer's and its Users' access to and use of the Service.
- The TOS contains the full understanding of the parties with respect to the subject matter hereof.
Service Level Agreement
DirectMX is proud of its stable, effecient, and effective service, and is happy to back that up with a strong Service Level Agreement. Please click below to download a PDF copy of our SLA.
DirectMX Service Level Agreement