Terms & Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions: The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to Product Advance, Inc. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Recurring Services & Payments
A valid credit card or Paypal account is required for paying accounts. All postIgnite accounts carry a minimum 6 month subscription term. Web Hosting terms vary from 30 days to 12 months depending on plan you selected. All website design payments are due upon initial delivery or within 30 days whichever comes first.
After your first payment you will be billed monthly starting on the 30th day after your account was initially created.
An upgrade from the free trial plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
All services are billed in advance and are non-refundable. There will be no refunds for partial months or terms of service, or for months / service terms unused with an open account. In order to treat everyone equally, no exceptions will be made. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Any refunds on list purchases are automatically applied with a $129.00 processing fee for the list purchase.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Canadian (federal or provincial) taxes. All paying users from Canada shall be responsible for filling out their correct province and country so that they can be taxed appropriately.
Managed Hosting & Email
Our website hosting is a managed service. This means that we will upload and maintain your site’s availability on the internet for the duration of this agreement. We guarantee that your website will be made available online via http 99.9% of the time for which you have paid. If your website is down for any amount of time during a one month period we will refund you your charges for that month or offer you an additional month at no charge.
Customer will have access to secure hosting control panel which will enable them to create or edit email accounts. All other settings and FTP Access are strictly controlled by Product Advance, Inc. This managed service allows us to provide you with the enhanced reliability and stability that has kept our customers online for over 10 years.
Customer agrees any generated code content or images, except for those provided by the customer, are the sole property of Product Advance, Inc. Product Advance, Inc. agrees to provide the customer access to all aforementioned technologies for the duration of this agreement.
Free Quarterly Website Updates
Customers with free quarterly update plans shall receive 4 included content updates per year not to exceed 1 reasonable hour of work per update. Free updates can only be performed once per quarter. Your site must be online for 4 months to be eligible for the first free update. Updates must conform to existing design specifications at time of update request. Structural or navigational changes or requests for special features such as “animation” or video will require additional charges.
Cancellation and Termination
All postIgnite accounts carry a minimum 6 month subscription term. Web Hosting terms vary from 30 days to 12 months depending on the plan you selected. Early cancellation will require payment of the remainder of the originally agreed upon term from the time of the cancellation request plus a $25 cancellation fee. Hosting accounts require 30 days notice on any cancellation.
You are solely responsible for properly canceling your account. To cancel your account, you must log in to the Product Advance Customer Portal and click on “My Services” then click the “Cancel” button for that service. All of your content will be immediately deleted from the service upon cancellation. This information can not be recovered once your account is cancelled. Product Advance, Inc does not accept any liability for loss of content due to account cancellation. If you cancel the service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. Product Advance, Inc. in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service, or any other Product Advance, Inc service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. Product Advance, Inc reserves the right to refuse service to anyone for any reason at any time. It is also solely your responsibility to cancel any automatic Paypal payments which you have signed up for.
Once accounts are suspended, a customer has up to 30 days to re-activate the account. After 30 days, suspended accounts are deleted. This is an automated process and is tied directly to the billing system. We cannot recover data that has been purged from our systems.
Email Broadcast Services
Anti-Spam and Abuse Related Rules
You agree to the following:
(a) Definition of SPAM: We have adopted the definition of Spam set forth on the Spamhaus website at http://www.spamhaus.org/definition.html. The first line of the Spamhaus definition reads:
The word “Spam” as applied to Email means Unsolicited Bulk Email (“UBE”).
It is a concern to us if you use Product Advance resources to send any unsolicited email to anyone with whom you have no relationship. It is much more of a concern, and more likely to cause our system to be blocked by various ISP’s, for you to send an unsolicited email to an entire list of people you don’t know.
(b) Permission Lists Only: You may only send Emails to individuals and entities that either:
Possibility 1 – Consent Obtained
(A) gave or give you written (including electronic) permission to send Emails to them, without subsequently withdrawing such permission and either:
(i) Consent Given Recently gave you the permission within the prior 12 months; or
(ii) Consent Given More Than One Year Earlier you sent them a promotional email, which was not objected to, within the prior 12 months; or
Possibility 2 – Sold or Negotiated to Sell Product or Service
(B) gave or give you their name and email address in connection with their purchase, or negotiations to purchase, a product or service from you, have not opted out from receiving your emails and either:
(i) Recent Sale or Negotiation such sale or negotiations occurred within the previous 12 months; or
(ii) Sale or Negotiation Occurred More than One Year Earlier you sent them a promotional email, which was not objected to, within the prior 12 months.
If you send Emails to a list, and you get an unusual amount of SPAM complaints (more than 1 out of 1,000), ISPs will begin blocking future emails from your company. They will also request (that’s putting it mildly) that your account be shut down your. So if you don’t have proof that each recipient on your list has opted-in to receive your emails, or otherwise meets the above requirements, don’t import them into our system.
(c) Requirements: You agree that you will use:
No purchased lists (no matter how expensive).
No rented lists (even if they “opted in”).
No 3rd party lists whatsoever.
You should only use our software to send newsletters, updates, and promotions to people who specifically requested email from you, or otherwise meet the requirements of 11(b) above. Don’t have a permission list yet? Maybe your company’s too new and you have no customers. Feel free to set up a Product Advance account, run through the List Setup Wizard, and add a signup form to your website so that you can grow your list.
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. US Government has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Claims, Charge-backs and Disputes
If you choose to file a claim with your credit card company or PayPal then you will not be provided under any circumstances with a refund – further you will be banned from using our services at any time in the future. Filing these claims is an unnecessary, time consuming, expensive and bureaucratic process for all parties involved – it’s a path often used by people aiming to defraud us and we will fight all claims to the bitter end.We keep records of all member activity including your signed agreement which we will submit to PayPal and/or credit card companies, this will often cause us to be able to win the claim and damage your credit rating with your credit card provider or PayPal. Let’s not be nasty to each other, we want to help, please contact us instead