Terms Of Use

September 11, 2021 2023-11-09 22:17

Terms Of Use

These terms and conditions of use (terms of use or agreement) govern your use of our website, apis and related services (collectively, the site or the services) which are owned and controlled by inboxgeek (inboxgeek, inboxgeek. Com, we, us or our). Your compliance with these terms of use is a condition to your use of the site and services. If you do not agree to be bound by the terms of use, promptly exit this site and cease using any services. Please also consult our privacy policy for a description of our privacy practices and policies.

scope of these terms of use

inboxgeek provides services to owners of third party websites (third party sites) that identifies email addresses and other contact information of anonymous visitors to the third party sites, including, but not limited to, through apis and other services owned or licensed by inboxgeek. These terms of use govern general visitors to our site, as well as third party site owners (site owners) that purchase or otherwise use our services. You refers to both general visitors to our site and to site owners.

1. Ownership of the site

all pages within this site (including the services) and any material made available for download are the property of inboxgeek, or its licensors or suppliers, as applicable. The site and services are protected by united states and international copyright and trademark laws. The contents of the site and services, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this site or services (content) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these terms of use or otherwise approved in writing by inboxgeek. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, content or other proprietary information (including images, text, page layout, or form) of inboxgeek without our express written consent.

2. Permitted uses

each site owner may use the inboxgeek services to obtain email addresses and phone numbers of unidentified visitors to the site owners sites. Site owner shall use the services in compliance with all applicable laws and data & marketing association (dma) guidelines and shall not use or permit the services to be used (i) in violation of any applicable laws, statutes, rules or regulations including, but not limited to, all applicable privacy, do not call, do not mail, and similar do not solicit federal, state, county and local regulations; (ii) for the propagation of worms or viruses, or (iii) to violate the rights of others (including without limitation privacy rights). Inboxgeek reserves the right to suspend the services (or a portion thereof) without notice in the event the site owners use of the services is in violation of this section, and to terminate this agreement for repeated violations of this section.

Site owner may place code (a pixel tag) on site owners third party site that is used to gather relevant information about the visitor to the site (each a visitor) to assist site owner in reaching its customers and intended audiences. Inboxgeek hereby grants to site owner a non-transferable, non-exclusive license to the data received from the use of the inboxgeek services (licensed data). Site owner shall use the licensed data for marketing and management purposes only and shall not transfer possession, right or title of or to such data to any third parties for any other purpose whatsoever.

Site owner shall maintain on its site(s), mobile applications or other digital platforms or assets of site owner, a privacy policy which, along with complying with all applicable laws, specifically informs visitors of the placement of pixel tags, the data collected and obtained through the pixel tag, and informs visitors of the intended use of the data collected and obtained therefrom. Additionally, in jurisdictions that require informed consent for the storing and accessing of cookies or other information on an end users device (such as but not limited to the european union), you must ensure, in a verifiable manner, that an end user provides the necessary consent before you use pixel tags to enable us to store and access cookies or other information on the end users device. Site owner shall provide visitors a link to site owners privacy policy and the opportunity for visitors to opt out or disable pixel tags. Site owner shall only post pixel tags on sites owned by site owner and, in any event, shall not deploy pixel tags on any website primarily engaged in pornography, gambling, or sale of tobacco products.

Site owner represents and warrants that it has in place and shall undertake the following in connection with this agreement:

notice and choice. Site owner shall obtain any permissions required to employ the pixel tags, and shall post and maintain a robust and sufficiently prominent privacy policy that is consistent with its use of the pixel tags, complies with applicable law, and prominently discloses at a minimum (a) the site owners use of the pixel tags, including with respect to the collection, use and disclosure of non-personally identifiable information and personally identifiable information, data from cookies, and similar practices; (b) use of the pixel tags and cookie data for purposes of obtaining the email address and potentially other demographic and personal information about the visitor, the visitors ability to choose to opt out of information being collected by the pixel tags.

Mandatory site owner privacy policy language. In particular, in addition to and without limiting site owners obligation to post a privacy policy on its site in compliance with all applicable laws, site owner shall place into its privacy policy the following (or alternative, equally protective) language on all websites deploying the pixel tags:

third party pixels and cookies notwithstanding anything else in this policy, we and/or our partners may use pixels and pixel tags, and place, read or use cookies to collect information from your device and/or internet browser. These cookies do not contain personally identifiable information, however, it may be possible for our third-party business partners to combine it with other information in order to identify your email address or other personally identifiable information about you. For example, the cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us, e. G. , your email address, which we may share with a data provider solely in hashed, non-human readable form. By using our service, you agree that us and our third-party partners may store, sell, port, combine with other data, monetize, utilize and otherwise use either (i) the personally indefinable information about you that we share with them, or (ii) the personally identifiable information they discover and/or identify as described above. Visitors can also express their choices for display advertising, through the following platforms: digital advertising alliance opt-out platform or the network advertising initiative opt-out platform. We and/or our partners may also use cookies for delivering personalized advertising emails. These cookies are used to identify the visitors of our advertisers websites and send personalized emails based on the visitors browsing experience. We and/or our partners use cookies, pixels and other tracking technology to associate certain internet-related information about you, such as your internet protocol address and what web browser you are using, with certain of your online behaviors, such as opening emails or browsing websites. Such information is used to customize ads or content and may be shared with our partners.

Consent to processing of personal data in united states. Our services are intended to be used only in the united states. This site and sites are not intended for and are not directed to residents of the european union or any other jurisdiction outside the united states. By using and accessing our site, users who reside or are located in countries outside of the united states agree and consent to the transfer to and processing of personal information on servers located in and subject to the laws of the united states. You represent and warrant that any data you provide to us originates from the united states

3. prohibited uses

inboxgeek. Com or any related services may not be used to send emails in violation of the laws of the united states of america, including but not limited to those described below.

Inboxgeek. Com or any related services may not be used to send commercial email messages, as that term is defined by 15 u. S. Code 7702, which would reasonably be prohibited by 15 u. S. Code 7704. (elements of the can spam act. ) this includes emails directed to persons who have elected to opt out of the receipt of such emails, even if in the past they were eligible to receive such emails.

Inboxgeek. Com or any related services may not be used to send emails to persons not reasonably believed to be at least eighteen (18) years of age.

Inboxgeek. Com or any related services may not be used to send emails containing pornography, erotica, or similar adult-oriented materials.

Inboxgeek. Com or any related services may not be used to obtain personal data of consumers from outside the united states or transfer such data outside the united states.

4. Api grant of license.

Subject to and conditioned on compliance with the provisions contained herein, including, but not limited to api restrictions, permitted use, prohibited use and prompt payment of all fees when due, inboxgeek hereby grants to you a revocable, non-exclusive, non-transferable license (without the right to sublicense) to use the api for the purpose of accessing and using the inboxgeek services. You may not use the api for or in conjunction with any product or service offerings of third parties that are competitive with inboxgeek services. You further authorize inboxgeek to share any and all data arising out of your api use with inboxgeeks third-party services providers.

5. Api support.

This license does not grant you any continuing right to receive version enhancement updates, or to a continuous availability of the api, or to any support, telephone or other assistance. Limited product support and support resources may, however, be available. Inboxgeek may revise or cease to provide the api, sample code or its functionality or any part thereof, or api support assistance, from time to time without notice. You agree to report to inboxgeek any errors or difficulties discovered and the characteristic conditions and symptoms of such errors and difficulties. Inboxgeek is in no way obligated to provide licensee with any error correction or support, but may provide whatever error correction and/or support services inboxgeek may determine in its sole discretion (and anything it provides in connection therewith will be deemed part of the api).

6. Api restrictions

except as expressly and unambiguously authorized under this agreement or by inboxgeek in writing, you shall not:

  • disclose or provide the apis to any person or entity other than to your employees or independent contractors who are individuals, provided (a) such independent contractors enter into an agreement with you at least as protective of inboxgeeks rights as this agreement, and (b) you hereby agree to be responsible for, and liable to inboxgeek for, any breaches of such agreements by your independent contractors,
  • use the apis for any illegal, unauthorized or otherwise improper purposes, or in any manner which would violate this agreement, or breach any laws or regulations, or violate the rights of third parties;
  • remove any legal, copyright, trademark or other proprietary rights notices contained in or on materials you receive or access pursuant to this agreement, including but not limited to, the apis, and the licensed data;
  • advertise the product or services of inboxgeeks competitors in the application;
  • sell, lease, share, transfer, sublicense or fail to protect the confidentiality of any licensed data obtained through the apis, directly or indirectly, to any third party, including any data broker, ad network, ad exchange, or other advertising monetization-related party;
  • use the apis in a manner that, as determined by inboxgeek in its sole discretion, exceeds reasonable request volume, constitutes excessive or abusive usage;
  • use the apis in an application that competes with products or services offered by inboxgeek;
  • use the apis in conjunction with, or combine licensed data from the apis with, inboxgeek data obtained through scraping or any other means outside the official inboxgeek apis;
  • interfere with or disrupt inboxgeek services or servers or networks connected to inboxgeek services, or disobey any requirements, procedures, policies or regulations of networks connected to inboxgeek services, or transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through your use of the apis; or
  • copy adapt, reformat, reverse-engineer, disassemble, decompile, download, translate or otherwise modify the apis, licensed data, inboxgeeks website other content or services, or any of our other services, through automated or other means.

7. Requirements of use

if you send email to contacts activated via inboxgeek. Com, such email must contain information regarding and a link to an unsubscribe option whereby the recipient can indicate that they no longer wish to receive such emails (opt out request. ) you must have a reliable procedure in place to process and implement opt out requests promptly.

  • You must comply with all applicable law and regulation, including the can-spam act (15 u. S. C. 7701 et seq, ) coppa (15 u. S. C. 6501 et seq, ) and all other applicable federal and state laws.

When utilizing the LiveLeads service on https://inboxgeek.com, it is imperative that the webpages incorporating the LiveLeads script contain an up-to-date privacy policy that is compliant with applicable data protection laws and regulations. Furthermore, it is required to implement a robust cookie compliance mechanism that duly notifies your website visitors of third-party data collection practices, the types of cookies used, and the purposes for which their data will be processed. This mechanism should also afford visitors the option to opt out of third-party data collection, manage their cookie preferences, and provide easy access to further information regarding data processing practices. It’s essential to ensure that these mechanisms are easily accessible, user-friendly, and provide clear and concise information in a transparent manner. This will aid in fostering trust with your website visitors while ensuring compliance with legal obligations pertaining to data protection and privacy.

8. Personal information

you are responsible for all personal information (information about an individual) which you use to create or transmit the emails, including any you provide to us to allow their creation and/or transmission. By using the services you represent and warrant that your collection, retention and use of such personal information is in compliance with all applicable law and regulation.

We will not retain any personal information after the emails have been transmitted, except as necessary and/or legally required to document our own compliance with the terms of use and/or any applicable law and regulation. If you provide personal information to us in violation of any agreement or applicable law or regulation, you agree to indemnify and hold us and our officers, directors, employees, contractors, agents, affiliates and service providers harmless from any claim related to such personal information, including but not limited to the costs of responding to such claim and/or the costs of suit, fine or other sanction.

9. Emails, content, reviews, feedback and other postings to the site

if you submit, upload, post or send any emails, comments, ideas, suggestions, information, files, videos, images or other materials to us or our site (user content), you agree not to provide any user content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to inboxgeek that you have the legal right and authorization to provide all user content to inboxgeek for the purposes and inboxgeeks use as set forth herein. Inboxgeek shall have a royalty-free, irrevocable, transferable right and license to use the user content in whatever manner inboxgeek desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such user content and/or incorporate such user content into any form, medium or technology throughout the world. Inboxgeek is and shall be under no obligation (1) to maintain any user content in confidence; (2) to pay to you any compensation for any user content; or (3) to respond to any user content.

Inboxgeek does not regularly review posted user content, but does reserve the right (but not the obligation) to monitor and edit or remove any user content submitted to the site. You grant inboxgeek the right to use the name that you submit in connection with any user content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any user content. You are and shall remain solely responsible for the content of any user content you make. Inboxgeek and its affiliates take no responsibility and assume no liability for any user content submitted by you or any third party.

You agree to defend, indemnify and hold inboxgeek, its officers, directors, employees, contractors, agents, affiliates and service providers harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by inboxgeek arising out of any user content you post or allow to be posted to the site.

10. Electronic communications

you agree to receive electronically all communications, documents, notices and disclosures (collectively, communications) that inboxgeek provides (by email, posting on inboxgeek. Com or otherwise) in connection with the site and services. It is your responsibility to keep your primary email address up to date so that inboxgeek can communicate with me electronically, and to periodically check the inboxgeek. Com website for updates and notifications. You agree that agreements between you and inboxgeek can be entered into electronically and signed electronically in accordance with applicable laws.

11. Site access, security and restrictions; passwords

you are prohibited from violating or attempting to violate the security of the site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the site or any portion thereof without authorization, in violation of these terms of use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the site, deep-link to any feature or content on the site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the site.

Violations of system or network security may result in civil or criminal liability. Inboxgeek will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this site or any activity being conducted on this site.

In the event access to the site or a portion thereof is limited requiring a user id and password (protected areas), you agree to access protected areas using only your user id and password as provided to you by inboxgeek. You agree to protect the confidentiality of your user id and password, and not to share or disclose your user id or password to any third party. You agree that you are fully responsible for all activity occurring under your user id. Your access to the site may be revoked by inboxgeek at any time with or without cause. You agree to defend, indemnify and hold inboxgeek, and its officers, directors, employees, contractors, agents, affiliates and service providers harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by inboxgeek arising out of your breach of these terms of use or violation of applicable law, your use or access of the site, or access by anyone accessing the site using your user id and password.

12. Accuracy and integrity of information

although inboxgeek attempts to ensure the integrity and accuracy of the site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the site and content thereon. It is possible that the site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the site by third parties. In the event that an inaccuracy arises, please inform inboxgeek so that it can be corrected. Inboxgeek reserves the right to unilaterally correct any inaccuracies on the site without notice. Information contained on the site may be changed or updated without notice. Additionally, inboxgeek shall have no responsibility or liability for information or content posted to the site from any non-inboxgeek affiliated third party.

13. Links to other sites

inboxgeek makes no representations whatsoever about third party sites or any website that you may access through this site. When you access a non-inboxgeek website, please understand that it is independent from inboxgeek, and that inboxgeek has no control over the content on that website. In addition, a link to a non-inboxgeek website does not mean that inboxgeek endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to this site, you do this entirely at your own risk.

14. Disclaimer of warranties

inboxgeek does not warrant that access to or use of the site (including the services) will be uninterrupted or error-free or that defects in the site will be corrected. This site, including any content or information contained within it, any api or any site-related service, is provided as is, with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement. Inboxgeek does not warrant the accuracy, completeness or timeliness of the information obtained through the site (including the services).

You assume total responsibility and risk for your use of this site, apis, site-related services, and linked websites. Inboxgeek does not warrant that files available for download will be free of viruses, worms, trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data backup and security.

15. Limitation of liability regarding use of site

inboxgeek and its suppliers and licensors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the site, apis, site-related services, content or information contained within the site, and/or any linked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the site, apis, site-related services, and/or linked websites is to stop using the site and/or those services. To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum aggregate liability of inboxgeek to you with respect to your use of this site is $500 (five hundred dollars).

16. Governing law:

this agreement will be governed by and construed in accordance with the laws of the state of california, exclusive of its choice of law principles.

17. Arbitration:

any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, consumer protection, common law, intentional tort and equitable claims) between the parties or any of their affiliated entities or the parties or their agents, employees, principals, successors, service providers or assigns arising from or relating to this agreement, its interpretation, or the breach, termination or validity hereof, or the relationships which result from this agreement (including, to the fullest extent permitted by applicable law, relationships with third parties who are not signatories to this agreement), shall be resolved exclusively and finally by binding arbitration administered by jams san francisco, california under the applicable jams arbitration rules and will be administered by the before a single retired judge. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitration is subject to the federal arbitration act, 9 u. S. C. Sec. 1-16 (faa), as amended. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. The arbitration proceeding will be limited solely to the dispute or controversy between the parties. The parties acknowledge that they are giving up their rights to litigate claims in a court or before a jury with respect to any such claim. The parties shall split the costs of arbitration 50/50 per side (claimant(s) on one side and respondent(s) on the other side) and each party shall be responsible for its own attorneys fees and costs relating to that dispute and arbitration. The parties agree to accept service of all documents initiating an arbitration proceeding via email or federal express. The parties hereby waive trial by jury and/or any defense based upon the venue, the inconvenience of the forum, or the lack of personal jurisdiction in any action or suit arising from such dispute with jurisdiction and/or venue so selected.

18. Injunctive relief.

Each party acknowledges the competitive value and/or confidential nature of each other partys confidential information and that breach of this agreement would cause irreparable harm to the disclosing party and that monetary damages would be inadequate compensation for such breach or threatened breach. Accordingly, nothing in this agreement shall be deemed to prohibit any party from seeking a preliminary injunction or other temporary equitable relief pending arbitration in any court of competent jurisdiction to protect or preserve their or their licensors rights in and to intellectual property or confidential information, including, but not limited to, in the event of any breach or threatened breach, without the necessity of proving actual damages or the requirement of posting a bond or other security. Such remedies shall not be exclusive but shall be in addition to all other rights and remedies available to such party at law or in equity.

19. Class action waiver.

In any dispute, neither you nor any other person shall be entitled to join or consolidate claims by or against other affiliates or persons or arbitrate any claim as a representative or class action or in a private attorney general capacity. You acknowledge that you are giving up your rights to participate in a class action or representative action with respect to any such claim(s).

20. Termination; revisions; general

inboxgeek reserves the right, in its sole discretion, to terminate your access to all or part of this site or use of any service, with or without cause, and with or without notice. In the event that any of the terms of use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these terms of use shall otherwise remain in full force and effect. These terms of use constitute the entire agreement between inboxgeek and you pertaining to the subject matter hereof. In its sole discretion, inboxgeek may from time-to-time revise these terms of use by updating this posting. You should, therefore, periodically visit this page to review the current terms of use, so you are aware of any such revisions to which you are bound. Your continued use of the site or services after revisions to these terms of use shall constitute your agreement to the revised terms of use. Certain provisions of these terms of use may be superseded by expressly designated legal notices or terms located on particular pages within this site.

21. Fees, refunds, account suspensions, cancellations

you agree to the following:

  • inboxgeek may change fees at any time by posting the updated fee structure to our website and/or sending you a notification via email.
  • Should a use violate any terms of this agreement, inboxgeek may cancel accounts or restrict access to accounts without refund.
  • If we are unable to process your credit card, we will attempt to contact you via mail and inboxgeek may suspend account usage until payment can be processed.
  • For prepaid, pay-as-you-go accounts, credits roll over and dont expire. However, if you dont log in to your account at least once in a 12 month period, your account (and all contents) may be deleted permanently from our system.
  • We do not provide refunds to any account that is suspended or terminated for compliance reasons.
  • If an account is not self-cancelled via the inboxgeek interface, any account cancellation requests must be sent to support[at]inboxgeek. Com in order to be processed. Voice mails are not valid account cancellation requests. If you do not submit your cancellation request to us in writing, we are not obligated to provide a refund to you for prior unused time.
  • All plans are monthly payments; these charges persist regardless of whether or not your script is on or off or if you are actively collecting contacts
  • in order to stop monthly payments, an account must be canceled via the inboxgeek interface
  • all refunds are at our sole discretion
  • if a request for refund is made, our billing team will review each request on a case-by-case basis, within 30 days.
  • Refunds are not provided for non-use. That means if you pay for inboxgeek, but do not log in, turn off your script, or do not collect contacts for any period of time, you are not guaranteed a refund.
  • In the event that you do qualify for a refund, the maximum amount for unused time, at our sole discretion, is 3 months.

22. Data

inboxgeek identifies and delivers contact records for visitors to your website using a code snippet.

Data accuracy is not 100% and a bounce rate of up to 2% may occur, given the nature of the way data refreshes over time. A minority of the data may contain errors.

We may consider, at our own discretion, account credit for bounce rates over the 2% threshold. In these cases, the customer must provide evidence of the email addresses sent to, overall bounce rate, and the bounce code returned by the server.

Suppression lists (inboxgeek) and csv files (inboxgeek): suppression lists and csv files are converted into encoded md5s for security reasons. We do not use, share, or resell this data for any purpose other than to prevent users from collecting and paying for contacts they already have or provide open events.