First of all, from one developer to another, thanks for choosing Turret.IO for your email marketing needs.

Read the terms below carefully. By creating a Turret.IO account or using the Turret.IO service, you’re agreeing to these terms. This is a legal document.

These Terms of Service (“Terms”) govern your access to and use of the services and TD Internet Solutions, LLC’s websites including but not limited to Turret.IO and the Turret.IO API (collectively, the “Services”) and any information, text, graphics, photos or other materials uploaded, downloaded, or appearing on the Services (collectively referred to as “Content”). Turret.IO is owned and operated by TD Internet Solutions, LLC. Your access to and use of the Services, is conditioned on your acceptance of and compliance with these Terms By accessing or using the Services you agree to be bound by these Terms.

Basic Terms

These Terms of Use (“Terms”, including our Privacy Policy and Acceptable Use policy) define the terms and conditions under which you’re allowed to use Turret.IO, what’s expected of you, and how we’ll handle your account while you’re a member.

You may use the Services only if you can form a binding contract with TD Internet Solutions, LLC and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

TD Internet Solutions, LLC may refuse service, close accounts, and change usage requirements at any time.

The Term of service begins when you create a Turret.IO account and continues as long as you’re using the Turret.IO service. You “sign” the terms by providing your email address and clicking the button. If you sign up for Turret.IO on behalf of a compnay or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

You are responsible for your use of the Services, for any Content you provide to the Services, and for any consequences thereof.

The Services that TD Internet Solutions, LLC provides are always evolving and the form and nature of the Services that TD Internet Solutions, LLC provides may change from time to time without prior notice to you. In addition, TD Internet Solutions, LLC may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by TD Internet Solutions, LLC on the Services are subject to change. In consideration for TD Internet Solutions, LLC granting you access to and use of the Services, you agree that TD Internet Solutions, LLC and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

Account Termination

You or TD Internet Solutions, LLC may terminate this Agreement at any time for any reason by giving Notice to the other party. We reserve the right to suspend our Service to you at any time, with our without cause. If we terminate your account without cause, a prorated portion of your monthly payment will be refunded or you may be reimbursed with an account credit for future payments to TD Internet Solutions, LLC. You will not receive a refund if there’s cause, such as a violation of these Terms or our Acceptable Use Policy. Once your account has been terminated, we reserve the right to delete all of your data including emails and contacts.

Account Security

You are responsible for keeping your username and password to yourself. Additionally, you are responsible for any account you have access to, whether or not you authorized the use of those accounts. We are not responsible for any losses that occur due to stolen or hacked passwords and you will immediately notify us of any unauthorized use of your accounts.

Rights

By using Turret.IO, you represent and warrant that you own or have permission to use all of the content in your Emails. Any Email Content uploaded to Turret.IO is owned by you.

Any information that you provide to TD Internet Solutions, LLC is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by TD Internet Solutions, LLC. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account associated with those Services, which you may not be able to opt-out from receiving.

We may view and copy content from your Emails and account as part of our process for:

  1. discovering accounts that are violating our Terms or interfering with the deliverability of other accounts;
  2. improving the services we offer;
  3. investigating abuse reports

General Rules

By using Turret.IO you agree that you:

  1. Will not send SPAM (using the definition of SPAM provided by Spamhaus).
  2. Will not send Email to lists that you have not created yourself by way of verifiable opt-ins (this forbids the use of purchased, rented, or 3rd party lists).
  3. Will abide by our API Use policy described below.

Violation of any of the above rules will result in suspension or termination of your account.

Acceptable Use

Be using Turret.IO you agree that you will not send anything that could be considered offensive, promote anything illegal, or harass anyone.

The following is expressly prohibited:

  1. Sending Emails with pornography or other sexually explicit content or uploading that same content to our servers.
  2. Sending Emails offering to sell illegal goods or services or uploading that same content to our servers.
  3. Sending Emails that violate CAN-SPAM laws.
  4. Sending marketing or commercial Email without permission from the recipient.

To protect our delivery rates and reputation, we’re not able to support businesses that offer the following types of services, products, or content:

  1. Escort and dating services
  2. Pharmaceutical products
  3. Work from home, make money online, and lead generation opportunities
  4. Online trading, day trading tips, or stock market-related content
  5. Gambling services or products
  6. Multi-level marketing
  7. Affiliate marketing
  8. Credit repair and get out of debt opportunities
  9. Mortgage and loans
  10. Nutritional, herbal, and vitamin supplements
  11. Adult novelty items or references
  12. List brokers or list rental services

In addition, the following is also prohibited:

  1. Sending SPAM (using the definition of SPAM provided by Spamhaus).
  2. Send Email content that was not created by you or content that would violate anyone’s rights including text, graphics, images, etc.
  3. Using misleading subject lines, or incorrect names, physical addresses, email addresses, or other information.
  4. Send Email content that includes social security numbers, passwords, credit card data, login credentials or anything that could be considered confidential.
  5. Sending Email with your own unsubscribe links.

Strict SPAM Policy

We take SPAM very seriously. SPAM harms our business, our customers, and the recipients that receive it. We prohibit our users from sending Emails to anyone unless:

The intended recipient gave you written (including digital) permission to send them Emails and have not withdrawn that permission (a complaint is considered withdrawing permission).

OR

The intended recipient gave you their name and email address in connection with the intent to purchase a product or service from you and have not opted out of receiving emails from you (a complaint is considered withdrawing permission and opting out).

ISPs and email service providers like GMail, Yahoo!, and Hotmail will start blocking your emails if they see SPAM coming from your company. To protect ourselves and our customers, we will suspend or terminate your account if our feedback loops identify your account as sending SPAM. To avoid all this, just make sure each and every recipient you add to your Turret.IO contact lists meet the criteria above.

API Use

All terms of this agreement also apply to our API. In addition, we extend the terms of our API as described below:

By using Turret.IO you agree that you:

  1. Will not use the API to send SPAM, nor will you take any actions that violate our Acceptable Use policy above
  2. Will not abuse our Services by hacking or taking any other action that has the potential to prevent us from providing our Services to users
  3. Will display a privacy policy describing the information you’re collecting from people that use your product or service that integrates with our API

We may throttle your API use at any time or shutdown your access to our API if you violate any of the terms of this document.

All right, title, and interest in the APIs are and will remain the exclusive property of TD Internet Solutions, LLC and its licensors. The API and associated Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the TD Internet Solutions, LLC name, Turret.IO name, or any of the TD Internet Solutions, LLC or Turret.IO trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the API or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

You will indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims relating to your use of the API.

As part of our ongoing improvements, we may update or modify the APIs and these terms. These changes may affect your use of the APIs or the way your systems interact with the API. If we make a change that’s unacceptable to you, you will stop using the APIs. Continuing to use the APIs means you accept the changes we’ve made.

The API is provided as-is

Your access to and use of the API or any Content is at your own risk. You understand and agree that the API is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, TD Internet Solutions, LLC AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the API or any content thereon. TD Internet Solutions, LLC will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the API, or any Content. You also agree that TD Internet Solutions, LLC has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the API. We make no warranty that the API will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from TD Internet Solutions, LLC or through the API, will create any warranty not expressly made herein.

Your use of Turret.IO and associated APIs may give you access to non-public confidential information. This information may only be used to build your integration and you agree that you will not disclose the information to anyone without our written consent and will protect the information from unauthorized use and disclosure.

Laws

You represent and warrant that your use of Turret.IO 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, EU Data Privacy Laws, 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. If you’re located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that you:

  1. Will clearly describe in writing how you plan to use any data collected, including for your use of Turret.IO. You’ll get express consent to transfer data to Turret.IO as part of this process, and you’ll otherwise comply with whatever privacy policy you have posted.
  2. Have complied, and will comply with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through Turret.IO.
  3. Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow TD Internet Solutions, LLC to receive and process data and send communications to that individual on your behalf.
  4. Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.

 

The 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 as your own risk.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, TD Internet Solutions, LLC will also terminate a user’s account if the user is determined to be a repeat infringer.

The Services are Available "AS-IS"

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, TD Internet Solutions, LLC AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. TD Internet Solutions, LLC will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that TD Internet Solutions, LLC has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from TD Internet Solutions, LLC or through the Services, will create any warranty not expressly made herein.

Your Rights

You retain your rights to any Content you submit through the Services. By submitting Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for TD Internet Solutions, LLC to make such Content available to other companies, organizations or individuals who partner with TD Internet Solutions, LLC for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be re-broadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. TD Internet Solutions, LLC will not be responsible or liable for any use of your Content by TD Internet Solutions, LLC in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

TD Internet Solutions, LLC gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by TD Internet Solutions, LLC as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by TD Internet Solutions, LLC, in the manner permitted by these Terms.

TD Internet Solutions, LLC Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of TD Internet Solutions, LLC and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the TD Internet Solutions, LLC name, Turret.IO name, or any of the TD Internet Solutions, LLC or Turret.IO trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding TD Internet Solutions, LLC, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Additional Restrictions on Content and Use of the Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of TD Internet Solutions, LLC, its users and the public.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, TD Internet Solutions, LLC’s computer systems, or the technical delivery systems of TD Internet Solutions, LLC’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by TD Internet Solutions, LLC (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with TD Internet Solutions, LLC (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by TD Internet Solutions, LLC of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TD INTERNET SOLUTIONS, LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TD INTERNET SOLUTIONS, LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Waiver and Severability

The failure of TD Internet Solutions, LLC to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Maryland without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Cecil County, Maryland, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Maryland (excluding choice of law).

Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between TD Internet Solutions, LLC and you regarding the Services (excluding any services for which you have a separate agreement with TD Internet Solutions, LLC that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between TD Internet Solutions, LLC and you regarding the Services. Other than members of the group of companies of which TD Internet Solutions, LLC is the parent, no other person or company will be third party beneficiaries to the Terms.

We may revise these Terms from time to time, the most current version will always be at signup.turret.io/c/terms. If the revision, in our sole discretion, is material we will notify you via e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by TD Internet Solutions, LLC, PO Box 691, Severn, MD 21903.

Effective: April 2nd, 2014