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Nautilus – An email marketing platform by High Pulse Media Inc.
All rights reserved © 2024
Effective date: October 25th, 2022.
All services provided by High Pulse Media Inc. DBA Nautilus (Also Nautilus, We, Us or Company) may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of Canada’s provincial & federal law and any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Nautilus from any claims resulting from the use of the service which damages the subscriber or any other parties.
Spamming, or the sending of unsolicited email, using an email address, URL that is maintained on a Nautilus machine, or directing traffic to a webpage that contains any reference to Nautilus is STRICTLY prohibited. Nautilus will be the sole arbiter as to what constitutes a violation of this provision. This action WILL RESULT in immediate termination of your account without refund. Any service interruptions as a result of subscribers spamming will be billed to the subscriber at $50.00 per hour until service is restored. Subscriber will also be in violation of the Nautilus Terms of Service Agreement and subject to legal action.
Importing or in any way using purchased leads with a Nautilus account is strictly prohibited. If you paid money or in any way purchased a group of pre-existing leads, these may not be used with Nautilus. This includes co-registration services, “safe lists” or any type of free leads given to you. Only people that have specifically requested information directly from you may be emailed through Nautilus.
Batching or in any way trying to script the addition of new subscribers to the web form subscribe methods is strictly forbidden. A script must not be used to auto submit a web form subscriber on behalf of a website visitor. The visitor who desires to subscribe to your list must be the one to activate that subscription process.
No individual under the age of sixteen (16) may use the Services, provide any personal information to Nautilus, or otherwise submit personal information through Nautilus Services (including, for example, a name, address, telephone number, or email address).
Pornography and sex-related content are prohibited on any Nautilus server. Nautilus will be the sole arbiter as to what constitutes a violation of this provision.
The collecting of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation is prohibited. Nautilus will be the sole arbiter as to what constitutes a violation of this provision.
Subscribers are prohibited from transmitting on or through any of Nautilus services any material that is, in Nautilus sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or that encourages conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
Payment is due immediately after the date of invoice. All payments must be in US dollars and withdrawable from a US bank. The subscriber is responsible for providing up-to-date payment information. Nautilus will not be held responsible should the subscriber’s payment information become out-of-date.
If payment is by credit card, the subscriber authorizes Nautilus to charge the credit card listed on the subscription form for those charges for Nautilus services that may accrue from month to month, or for any past-due balances, in order to bring the account to current status. Credit card payments will be billed and charged automatically, and Nautilus may charge the amount due to the provided card at any time.
Accounts are in default if payment is not received within 3 days after the date of invoice. If a subscriber’s check is returned by the bank as unredeemable, the subscriber will be deemed to be in default, and will be liable for a “returned check” charge of $25. Accounts unpaid 3 days after the date of invoice may have their service interrupted. Such interruption does not relieve the subscriber from the obligation to pay the monthly charge. Only a written request to terminate your service relieves you of your obligation to pay the monthly account charge. Accounts in default are subject to a late payment charge of $25 and an interest charge of 1.5% per month on the outstanding balance. If the subscriber’s state law does not allow an interest rate of 1.5% per month, the maximum allowable rate for the subscriber’s state will be charged. If the subscriber defaults, the subscriber agrees to pay Nautilus its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.
All files, information and mail under the account will be preserved for 3 days from the date the payment is due. If the payment is not received after 3 days, all files, information and mail under the account will be deleted. If the subscriber wishes to use the service again, the subscriber must re-apply as a new subscriber.
The subscriber agrees that the company has the right to delete all data, files or other information that is stored in the subscriber’s account if the subscriber’s account with the company is terminated, for any reason, by either Nautilus or the subscriber. System accounts can not be transferred or used by anyone other than the subscriber. Accounts which have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate cancellation.
Nautilus shall have the right to suspend service to the subscriber at any time, and for any reason, without notice. If such a suspension is to last for more than 30 days, the subscriber will be notified as to the reason.
Service provided by Nautilus may be cancelled in writing at any time with no penalty. Customer Account Login/Email and Response to Security Question must be included in the cancellation request. Cancellation will take effect only when the receipt of the cancellation request is confirmed by Nautilus. Nautilus reserves the right to change the rate by notifying the subscriber 15 days in advance of the effective date of the change.
Nautilus exercises no control whatsoever over the content of the information passing through Nautilus systems. All leads (email addresses) generated by subscribers are held strictly confidential. The leads are never released to any other parties for any purpose. The lead information is only used on Nautilus servers to deliver the follow up messages designated by the subscriber.
Nautilus is committed to respecting intellectual property rights. If you identify copyrighted material that belongs to you posted without your permission to www.nautilusmail.com or sent through the services please follow the directions below to let us know.
Our designated agent is as follows:
Yaniv Golan
30 Brackenwood Ave.
Richmond Hill, ON, L4S 2P5
Canada
[email protected]
The subject of your communication should be: DMCA Takedown Request
Your notice must include all of the following:
Your previous Email Service Provider (ESP) login information can be shared with Nautilus to facilitate migrations. Our migration team will instruct you on how to securely provide your prior ESP login information and any other information required to successfully login (e.g. security questions). Nautilus does not share, store, process, or retain your prior login information for any purpose other than to provide migration services.
Customer acknowledges and consents to Nautilus accessing your account for which you have provided login information. All attempts will be made to limit viewing of data to only what is necessary to perform your migration. However, Customer acknowledges that Nautilus may inadvertently view sensitive personal information within your account such as billing information, but will not collect, store, or otherwise disclose this information. Nautilus will make every attempt to not manipulate data, or make alterations when migrating customer data. Only in the event of a technical issue preventing data migration will Nautilus take action to change data being imported to Nautilus.
Customer agrees to provide clear instructions on what data is to be migrated.
Should the Customer’s prior ESP account become compromised in any way, customer will indemnify Nautilus for any resulting damages.
It is the responsibility of the Customer to maintain their role and compliance as a Data Controller per local or national privacy regulations (e.g. GDPR, CCPA) for all Data Subjects which possess personal information. Nautilus acts as a Data Processor only in the migration process and will only act on the direct instruction and consent of the Customer. Customers are responsible for properly informing Data Subjects about the processing of data, where it is stored, and who is involved per local or national privacy regulations.
Customer agrees to change the password for the prior ESP login upon confirmation from Nautilus of a completed migration. Customer agrees to indemnify Nautilus if prior ESP login information is not updated.
Nautilus makes no warranties of any kind, whether expressed or implied, for the service it is providing. Nautilus also disclaims any warranty of merchantability or fitness for a particular purpose. Nautilus will not be responsible for any damage suffered. This includes loss of data resulting from delays, nondeliveries, mis-deliveries, or service interruptions caused by Nautilus negligence or the subscriber’s errors or omissions. Use of any information obtained via Nautilus is at your own risk. Nautilus specifically denies any responsibility for the accuracy or quality of information obtained through its services.
LIMITED LIABILITY. ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR THE CURRENT MONTH.
Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court of law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.
This agreement shall be governed by the laws of the Province of Ontario, Canada.
These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of Nautilus services constitutes acceptance of these Terms and Conditions.
Nautilus – An email marketing platform by High Pulse Media Inc.