Hardwood Installation Boston,
MA (hereafter, "The Company", "The Company's") Privacy
and Anti-spam Policies and Terms and Conditions
1. a. These are the terms and
conditions that govern the use of this website, our products
and services. Your use of this website and our products or
services constitutes an agreement and is conditional on
acceptance of all such terms, conditions and notices listed
as terms and conditions on this page without any
modification. We assume you have read, understand and agree
to them. If you do not understand them you can contact us at
installer@hardwoodinstallationbostonma.com If you do not agree to
them please do not use the company's site.
b. By using this web site
you agree to all such terms, conditions, and notices that
are in effect at such time.
c. These terms and conditions
may change or be amended at any time as Hardwood
Installation Boston, MA sees fit. These said changes,
amendments and notices will be deemed to be part of this
agreement and by using this site you also agree to be bound
by all said changes to these terms, conditions and notices.
All such changes, amendments or notices will be posted on
this page for you to view.
d. Prices and charges will
never be changed by means of this site.
e. You may contact us
regarding any questions at
installer@hardwoodinstallationbostonma.com
2. a. Calling us or
requesting us to contact you by filling out one of
the contact forms on the web site is deemed by The
Company to be permission to contact you. This
contact is likely to by who hired us to generate
leads for them but may also include representatives of the company, including, but
not limited to, management, employees,
subcontractors. This permission is understood to
mean that we may contact you by telephone, email, direct mail
or other reasonable means.
b. We cannot
guarantee that we can fulfill your service needs
and reserve the right to not do business with you
for any reason whatsoever at any time.
c. Hardwood
Installation Boston, MA has been contracted by
Kevin Kennedy of KBS Customs to
obtain leads for him in the hardwood installation professions.
We have no liability or any responsibility other
than to try to pass your contact information on to
him to provide service for you. We make no
guarantees or representations regarding KBS
Customs or Mr. Kevin Kennedy's skills or the quality of the job that he
may render for you if you elect to retain his
services.
d. The Company
does not endorse or recommend the services of KBS
Customs nor Kevin Kennedy and has only included
information on this site provided and/or approved
by him. It is entirely up to your discretion
whether or not you want to contact or agree to
services by Secured Mr. Kennedy & Key and we do not
warrant or guarantee his job performance, work,
the results, outcome, quality or standards of of
the services or work performed. KBS Customs is
not an employee or agent of the company, nor is
the company of KBS Customs or Mr. Daniel. The
company does not render, nor is it responsible
for, any of the services requested by you in your
request for service. Your rights under contracts
you enter into with KBS Customs are governed
by the terms of such contracts and by applicable
federal, state, provincial and local laws. Should
you have any problem, dispute, disagreement with
KBS Customs you must address said problem,
dispute disagreement to KBS Customs, AND YOU
HEREBY AGREE TO RELEASE HARDWOOD INSTALLATION
BOSTON, MA
(AND OUR OFFICERS, DIRECTORS, AFFILIATES,
EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM,
OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS
A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY HARDWOOD INSTALLATION
BOSTON, MA LEAD
GENERATION SERVICE) FROM ANY DAMAGES OR CLAIMS
(INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES)
OF EVERY KIND OR NATURE, SUSPECTED AND
UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR
UNDISCLOSED, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS
WITH KBS Customs AND Kevin Kennedy.
3. Our privacy
statement below contains a complete list of the
details on how we use your information. You agree that
when you
complete a request for a service or product, you
enter into a business relationship with The
Company and it's partners, employees, agents,
representatives, subcontractors therefore you
agree that The Company and/or said partners,
employees, agents, representatives, subcontractors
may contact you. You warrant that all the
information you provided is and will be accurate,
current and truthful to the best of your
knowledge. If any information that you provided
is not true, current or complete, or The Company
has reasonable grounds to suspect that the
information is not true, accurate, current nor
complete, The Company has and may exercise their
right to refuse all current and/or future use of
the The Company's products or services by you. You
are also responsible and liable for any and all
use of the The Company's products or services by
any and all persons you intentionally or
negligently grant access to The Company's web site
or who use The Company's products or services.
4.
You acknowledge and agree that you use The
Company's products and services exclusively for personal use and
not commercial or advertising purposes.
You agree that any and all content and/or information
on the The Company Web site, whether posted by you
or not is the sole and exclusive
property of The Company, and that you have no
right to reproduce, post, publish, or otherwise
use such information other than for your personal
use relating to your request for any products or
services. You
accept and acknowledge that violating the aforementioned
may result in minor or even significant damages, and you agree
that you are liable to The Company for any and all such
damages, and will indemnify The Company in the
event of any third party claims against
The Company based on or arising from your
violation of the aforementioned. We reserve the
right to revoke your access to the The Company Web site,
products or services at any time. All of the information
that may be provided about any service professionals is
strictly confidential and may be used for your
personal use only. If The Company, at its sole
discretion, determines or
suspects
that you are misusing, attempting to misuse and/or
in any way circumvent the The Company services or system,
and/or
may be using or even attempting to use them for any
inappropriate, non-personal, or commercial
purposes, including but not limited to activities
such as fraud, advertising,
infiltrating, jamming, spamming or hacking The
Company reserves the
right, in its sole discretion, to without notice
and immediately
terminate your access and without notice commence
any and all appropriate legal proceedings and actions
and to seek all available and appropriate remedies and/or
damages, including but not limited to lost
revenue, repairs, legal fees, costs and expenses,
and to seek injunctions or other equitable
remedies.
4. All information, documents, reports whether
downloadable or available publicly on the web site
including the design and layout of the The Company
Web site are protected by trade dress, trademark,
unfair competition, and other laws and may not be
copied or imitated in whole or in part. It is
provided as resource and THE
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES
ABOUT THE SUITABILITY OR QUALITY OF IT. ALL SUCH INFORMATION AND DOCUMENTS
WHETHER FOR DOWNLOAD OR AVAILABLE PUBLICLY ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE DOCUMENTS WHETHER FOR DOWNLOAD OR AVAILABLE
PUBLICLY PUBLISHED ON
THE THE COMPANY WEB SITE MAY INCLUDE TECHNICAL
INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE
COMPANY MAY
ISSUE UPDATES TO INFORMATION AND IS UNDER NO
OBLIGATION OR LIABLE FOR ANY DAMAGES INCLUDING
INCIDENTAL AND CONSEQUENTIAL DAMAGES BY NOT
ISSUING NOTIFICATION OF SUCH UPDATES.
5.
Any links on
the The Company Web site that allow you to leave
The Company's Web site are not
controlled by The Company. The Company cannot
guarantee they will stay functioning as we have no
control as to whether the linked sites will stay
functioning themselves. The Company cannot in any
way be responsible for the contents,
functionality of any and all of the information on
or the practices of said linked sites or any
of the links to which the linked sites lead. These
are provided only as resource and any inclusion of
these links
does not constitute or imply an endorsement by The
Company of the
site.
6. The Company
does not make any representations or warranties
that KBS Customs or Kevin Kennedy has a social
security number, legal resident status, any
applicable licensing, insurances or bonding
required by state, province or federal law. The
Company does not determine Secretary of State
filings. The company does not do background,
criminal or sex offender searches on anyone in any
way involved or associated with The Company. We do
not usually do reverse phone lookups to identify
records matching the phone number information
provided by the business. We do not check 3rd
party data sources that record legal information
about the business for any state-level civil legal
judgments entered against the principal/owner by
business customers. We recommend you verify all
the above information for yourself and you are
solely responsible for any and all consequences if
you choose for your convenience not to do so.
7.
INDEMNIFICATION. YOU AGREE TO INDEMNIFY
THE COMPANY, AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND
OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM
ANY AND ALL CLAIMS OR DEMANDS, INCLUDING
ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR
ARISING FROM YOUR USE OF THE THE COMPANY'S
PRODUCTS OR SERVICES
OR IN CONNECTION WITH THE THE COMPANY WEB SITE OR
YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR
ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A
THIRD PARTY.
8. You acknowledge and
agree that the The Company's products and services
are provided to you on an "AS IS" basis without
any warranty whatsoever, and your sole and
exclusive remedy, and The Company's sole
obligation to you or any third party for any claim
arising out of your use of the The Company
products or services or the The Company Web site,
is that you are free to discontinue your use of
the The Company products or services or the The
Company Web site at any time. EXCEPT AS EXPRESSLY
SET FORTH HEREIN, THE COMPANY EXPRESSLY DISCLAIMS
ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE
THAT THE COMPANY SHALL HAVE NO LIABILITY FOR
DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY
OR PUNITIVE DAMAGES (EVEN IF THE COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)
ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES
WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO
NOT ALLOW LIMITATIONS ON OR EXCLUSION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH
STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU. The Terms and Conditions are binding
to the benefit of The Company's successors,
assigns and licensees.
9. If any
provision of these Terms and Conditions shall be
deemed unlawful, void or unenforceable, for any
reason, by any court of competent jurisdiction
that provision shall be modified in order to make
it enforceable, while maintaining the spirit of
the provision. Alternatively, if modification is
not possible, such provision shall be stricken and
shall not affect the validity and enforceability
of the remaining terms. The failure of The Company to exercise or enforce any right or
provision of the Terms and Conditions shall not
constitute a waiver of such right or provision.
10. You have completed an
online order and verification screen at the The
Company website for a product or service. In order to complete
your purchase, you must (1) read these Terms and
Conditions, and (2) submit your order at the
bottom of the Order Form. Once you do so, these
Terms and Conditions are a binding agreement
between you and The Company.
11.
Under this Agreement, The Company agrees to provide to you,
and you agree to purchase from The Company, the product or
service described in your Order Form. You also agree to pay
the purchase price, if applicable, shown on the The Company
website for the product or service that you have ordered. If
you have purchased a product or service for which there is
an on going subscription or other fee, you agree to pay that
fee for so long as you continue to use the The Company
product or service. You may cancel the The Company product
or service at any time by sending an email to The Company at
installer@hardwoodinstallationbostonma.com, after which you will not
be charged any further fees for ongoing use of the
The Company product or service. Your obligation to purchase
and pay for also applies to any of The Company's
product and services that are
offered to you as a “trial offer” unless and until
you cancel your use of those products or services.
If you have agreed to a long-term subscripton of a product
or service the cancellation option does not apply.
12. Any of The Company's publications and any newsletters and
other materials that you may receive from The
Company as part of The Company Service
(collectively, “The Company Materials”)
are the exclusive property of The Company and are
protected by copyright and other applicable laws. The Company Materials are for your own
personal use, and you cannot copy any portion of
the The Company Materials without the written
permission of The Company or distribute additional
copies of The Company Materials to others.
13. The Company may offer you various discounts,
savings and other benefits on other products or
services of The Company or its affiliates in
connection with your purchase of The Company
Publications or The Company Services. The Company
does not guarantee the availability of particular
discounts, savings or other benefits on specific
products or services, and any discounts, savings
or benefits are subject to change, time limits and
conditions as may be determined by The Company in
its discretion from time to time.
14. The Company's products or
services and The Company Materials
(collectively, “The Company Products”)
are provided for informational purposes only, and
what you derive from your use of The Company
Products depends upon your commitment to and
effort in applying the information to your
business. The Company does not represent, warrant
or guarantee that you will achieve any particular
results in your business as a result of your
purchase and use of The Company Products. You
acknowledge that the success of your business
depends on the quality of your business concept,
your skills and effort in connection with your
business and external factors such as the general
economy.
15. The Company may offer a time-limited, money-back
guarantee on some of The Company's Publications and The
Company's Services. If there is a guarantee
applicable to the The Company products or service that you have purchased, that
guarantee is as set out on the applicable product
page of the The Company website at the time you
purchased the product or service (the “Guarantee”). If during the time-limited period of your
Guarantee period you are not satisfied with the
The Company product or service
you purchased, The Company will refund the
purchase price to you (If applicable). This is your sole and
exclusive remedy against The Company and The
Company’s sole and exclusive liability and
obligation to you in connection with your purchase
of any The Company Publication or The Company
Service or anything arising out of or relating to
that purchase or this Agreement.
16.Notwithstanding any other
provision of this Agreement, and to the maximum
extent permitted by applicable law: (a) The
Company’s liability (if any) under this Agreement
or otherwise is limited to the purchase price paid
by you for the The Company Products, and in no
event will The Company be liable to you or any
other person for any indirect, incidental,
consequential, special, punitive or exemplary loss
or damage, arising from, connected with, or
relating to this Agreement, the subject matter of
this Agreement, any The Company Product or
otherwise, under any theory of liability (whether
in contract, tort, strict liability or any other
theory or law or equity), regardless of any
negligence or other fault or wrongdoing (including
fundamental breach or gross negligence) by The
Company or any person for whom The Company is
responsible, and even if The Company has been
advised of the possibility of such potential loss
or damage being incurred; and (b) in no event will
The Company’s total aggregate liability to You or
any other person under this Agreement or
otherwise, under any contract, negligence, strict
liability or other legal or equitable theory,
regardless of any negligence or other fault or
wrongdoing (including fundamental breach or gross
negligence) by The Company or any person for whom
The Company is responsible, and even if The
Company has been advised of the possibility of
such potential loss or damage being incurred,
exceed the purchase price paid by You to The
Company for the Materials. In this paragraph,
“The Company” includes The Company and its past,
present and future directors, officers, employees,
agents, representatives, subcontractors, service
providers, successors, permitted assigns, and
related persons.
17. This Agreement and all related
matters will be governed by and interpreted in
accordance with the laws of the State of
Massachusetts and the federal laws of the United
States applicable therein without regard to
conflict of laws rules. All disputes relating to
this Agreement shall be resolved before the Courts
of the State of Massachusetts, and
you hereby irrevocably submit to the jurisdiction
of the courts of the State of Massachusetts and waive
any objection that you may now or hereafter have
based on inconvenient forum for such proceedings. The United Nations Convention on the International
Sale of Goods will not apply to this Agreement.
18. The exclusion or limitation of certain liabilities
is prohibited by law in some jurisdictions. Such
limitations may apply to you.
19. You represent that you
are of legal age to enter into binding contracts
under the laws of the jurisdiction where you
reside.
20. If any provision of this Agreement is
deemed to be invalid, void, unlawful or unenforceable for any
reason, that provision will be modified in order
to make it enforceable, while maintaining the
spirit of the provision, If modification is not
possible such provision will be deemed to be
severed from this Agreement and the remaining
provisions will continue in full force and effect
without being impaired or invalidated in any way.
This Agreement will ensure to the benefit of and be
binding upon the parties and their respective
heirs, executors, administrators, personal
representatives, successors and assigns. This
Agreement sets forth the entire agreement and
understanding of you and The Company with respect
to the subject matter of this Agreement and
supersedes any and all previous communications,
representations, negotiations, discussions,
agreements or understanding, whether oral or
written, between you and The Company with respect
to the subject matter of this Agreement. All
amounts are stated in U.S. dollars. Purchase
prices are exclusive of shipping and handling
charges and any applicable taxes, customs or
duties.
Privacy statement
The company has established this Privacy Policy
to explain how it protects and manages the
personal information that it collects from you
(the customer) online..
1. Consent for Use and
Disclosure
Your use of the company's site and/or your
registration for the company's products and
services constitute your consent to the terms of
this Privacy Policy. If you do not agree to the
terms of this Privacy Policy, please do not use
the company's site.
The Company may occasionally update this
Privacy Policy. The Company will notify customers
by email of changes to this policy that will
affect information collected from them in the
future. In certain circumstances, however, The
Company will not inform and obtain the consent of
the customer, such as in connection with an
investigation of a breach of an agreement,
contravention of laws, an emergency where the
life, health or security of an individual is
threatened, the collection of a debt or in
compliance with the request of a law enforcement
agency or a court order.
A customer may
withdraw his or her consent for use and disclosure
at any time by sending an email to installer@hardwoodinstallationbostonma.com. Please note
that, if you do, The Company may suspend its
provision of products and services to you.
2. Accountability
The Company collects, at the time of your
registration and your sign-on to its web site,
certain “personal information”(information that
personally identifies you) including but not
limited to your name, email address, home or work
address, telephone number, and information about
your computer hardware and software (e.g., IP
address, operating system, browser type, domain
name, URL, access times, and referring web site
addresses).
The Company has implemented this Privacy Policy
to protect personal information received from its
customers, and to respond to any inquiries. The
Privacy Policy also provides that The Company will
use appropriate contractual means to establish a
comparable level of protection for personal
information which is sent for processing by third
parties on The Company's behalf.
The Company has designated responsibility for
your personal information to its Privacy Officer,
who ensures compliance with the principles in this
Privacy Policy. Other individuals may be delegated
to act on behalf of the Privacy Officer.
3. Purposes for Collecting
Personal Information
The Company collects and uses personal
information for the following Identified Purposes:
(a) to understand customer needs regarding The
Company's services;
(b) to develop and provide our web site and our
products and services for our customers;
(c) to fulfill your requests for products,
services or information;
(d) to communicate with customers and site
visitors, when necessary, and to inform customers
of upgrades, as well as of other products and
services available from The Company, its clients,
affiliates and third parties;
(e) to allow customers to access limited-entry
areas of The Company's site;
(f) to personalize some of our services and
products for you and to deliver targeted
advertisements and offers from The Company and
third parties;
(g) to comply with any applicable law,
regulation, legal process or government request;
(h) to respond to a legitimate claim, or to
address our reasonable belief, that you are
violating the rights of any third party or any of
the agreements or policies that govern your use of
the The Company site or any of The Company's
products or services;
(i) to protect the services, products or rights
of The Company, including but not limited to the
security or integrity of the The Company site; and
(j) to identify and resolve technical problems
concerning The Company's site, products and
services.
The Company also uses personal information in
an aggregate form (i.e., not individually
attributable to you) for its business analysis,
operational, marketing and other promotional
purposes.
If we hire other companies to provide some
products or services on our behalf, then we will
only provide those companies the personal
information they need for the Identified Purposes,
and we will limit their rights to use and further
disclose your personal information as appropriate
in the course of their work for us.
4. Limiting the Collection of
Personal Information
The Company limits its collection of personal
information to only that information which is
necessary for the Identified Purposes. The Company
does not direct its site to, nor does it knowingly
collect any personal information from children
under the age of thirteen.
When you visit the The Company web site, a
cookie may be placed on your computer or the
cookie may be read if you have visited the The
Company site previously. The Company uses cookies
to allow The Company to determine which products
and services you have already purchased so that
The Company does not provide redundant information
to you, and, if you are an affiliate of The
Company, to track The Company sales made to
customers referred by you so that you can receive
compensation under our affiliate program. If you
choose to not have your browser accept cookies
from the The Company web site, you may not be able
to view all the text on the screens, or to
experience a personalized visit, or to subscribe
to certain service and product offerings on the
The Company site.
5. Disclosure, Processing and
Retention
The Company does not sell, rent or disclose
your personal information to anyone else, except:
(a) to someone you have designated to act as
your agent, for one or more of the Identified
Purposes (listed in Section 2, above);
(b) to The Company's employees, independent
contractors, subsidiaries, affiliates,
consultants, business associates, service
providers, suppliers and agents, acting on The
Company's behalf for any of the Identified
Purposes;
(c) as necessary if The Company has reason to
believe that disclosure is necessary to identify,
contact or bring legal action against someone who
may be causing injury to or interference (either
intentionally or unintentionally) with The
Company's rights or property, other users of The
Company's web site, products or services, or
anyone else that could be harmed by such
activities; and
(d) to respond to judicial process and provide
information to law enforcement agencies or in
connection with an investigation on matters
related to public safety, as permitted by law, or
otherwise as required by law.
In addition, as we continue to develop our
business, we or our affiliates may sell or buy
other businesses or entities, or we may merge with
another company. In such transactions, personal
information may be one of the transferred business
assets. Also, in the event that The Company or
substantially all of its assets are acquired, your
personal information may be one of the transferred
assets.
Your information may be stored and processed in
the United States, or in any other country in
which The Company or its affiliates, subsidiaries
or agents maintain facilities. By using this web
site, you consent to any such transfer of
information outside of your country.
After your account becomes inactive (that is,
if you request to be removed from our database),
The Company will keep your personal information in
its archives. Your information will then be used
only as necessary for tax reasons or to prove The
Company's compliance with any applicable law.
6. Accuracy of Personal
Information
The Company will use reasonable efforts to keep
customer personal information accurate for the
Identified Purposes, and for minimizing the
possibility of making inappropriate customer
decisions based on such information. Customers are
responsible for informing The Company about
changes to their personal information. You can do
this by sending an email. The Company will use new
or updated personal information it receives from
customers to update its own records.
7. Security Safeguards
The Company will use reasonable efforts to
protect customers' personal information.
8. Access to Personal
Information
The Company will afford you a reasonable
opportunity to review the personal information in
your file, if you so request by email.
If The Company is not able to provide access to
some aspect of a customer's personal information,
it will provide reasons for denying access such
as; that by doing so would likely reveal personal
information about a third party, or that it is
confidential commercial information or
attorney-client privileged communications, or that
the information relates to a breach of an
agreement or a contravention of law, or that its
disclosure could reasonably be expected to
threaten the life or security of another
individual.
Customers have the right to request that
inaccurate or incomplete information be amended as
appropriate, by contacting The Company or the
Privacy Officer as described above. The Company
will promptly correct such personal information.
Your use of our
services will require you to disclose certain
personal information about yourself and the
services you require. Upon entering this
information it will be used by us our employees or
clients that will need this information to contact
or respond to you, other persons or entities in
regard to our business. By calling, providing your
contact information or filling out a contact form
requesting that we contact you, you expressly
consent to being contacted by us and our client
KBS Customs by means of telephone, fax,
email, mail and other reasonable means, at the
contact numbers, email address and/or address you
have provided. This applies even if you are listed
on any federal, state, provincial or other
applicable "Do Not Call" list. This is necessary
to provide the services you requested on this web
site.
The Company's Anti-Spam
Policy
The Company is committed to permission-based
email marketing practices, and as a result has
established this no-tolerance Anti-Spam
Policy. The Company will occasionally update this
Anti-Spam Policy.
1. Spam is commercial email or unsolicited bulk
email, including “junk mail”, which has not been
requested by the recipient. It is intrusive and
often irrelevant or offensive, and it wastes
valuable resources. Spam messages are the opposite
of permission-based email, which are normally
anticipated, personal, relevant and/or associated
with a pre-existing business or personal
relationship. Inappropriate newsgroup activities,
consisting of excessive posting of the same
materials to several newsgroups, are also deemed
to be spam.
2.Preventing Spam. Customers of The Company's products and services
have agreed during their registration process,
upon accepting the Terms of Use, to comply with
this Anti-Spam Policy. Specifically,
each customer agrees not to use the The Company
products or services to send unsolicited email or
bulk email, whether or not for commercial
purposes. The Company reserves the right to
determine in its sole discretion what constitutes
actionable spam, as well as what measures are
necessary in response to such spam activities.
3. How The Company Helps
You to Avoid Spamming. The Company has developed its Internet
marketing tools to incorporate a strict
permission-based philosophy. This anti-spam
philosophy is implemented through the following:
a. Communication and Agreement – The Terms of
Use that you have agreed to as part of registering
for the The Company's
products and services state how and for what
purposes you can collect your site visitor
addresses, and that you will follow the The
Company Privacy Policy and Anti-Spam Policy.
b. Each
email created using The Company products contains
an “unsubscribe link”. If
your web site visitors use the link to request
that they be unsubscribed, your subscriber lists
will automatically be adjusted to eliminate the
prospect of sending unwanted email to such
persons. Additionally, each person on your
subscriber list has the option of unsubscribing
through a web-based method provided on the The
Company web site. Customers of The Company who
try to remove the unsubscribe link will be warned
that they are doing so, and if they persist in
having the link removed or deactivated in any way,
then The Company will have the right to terminate
their account.
c. Purchased Mailing Lists - Mass mailings to
purchased email lists are not allowed. The Company
only allows opt-in mailing lists. Purchased or
inherited lists are by definition not opt-in.
Similarly, you cannot use an email list relating
to particular subject matter, and then use it for
an unrelated topic.
4.Laws Restricting Spam. Spam laws vary from state to state, and from
country to country. This Company's Anti-Spam
Policy has been developed to conform to the
highest commercially reasonable standards. As a
result, and without limiting the general
prohibitions against all spam activities, the
following are expressly prohibited:
a. Use of false headers, or other false
information, to identify the point of origin or
the transmission path of the email, or to hide the
true origin of the email sender,
b. Unauthorized
use of a third party’s internet domain name
without the permission of such third party, to
make it appear that the third party was the point
of origin of the email,
c. Use of any
false or misleading information in the subject
line of the email, and
d. Assisting any
person in using the products or services of The
Company for any of these previously mentioned
activities.
5. Questions to Ask Yourself
To help in establishing whether you are
participating in activities constituting spam, ask
yourself the following questions:
a. Are you sending email to non-specific
addresses, such as info@domain.com or sales@domain.com?
b. Have you deliberately falsified your
transmission path information or originating
address?
c. Are you
sending email to mailing lists or distribution
lists, which then send indirectly to various other
email addresses?
d. Have you imported for use a purchased list
of any type?
e. Are you
continuing to mail to anyone who has asked to be
deleted from your mailing list?
f. Does your email not provide a fully
functioning link to unsubscribe?
g. Does you
email subject line contain false or misleading
information?
h. Have you used a third party’s email address
or domain name without the party’s consent?
If you answer yes to any of these questions,
you are likely involved in spam activities.
6. Measures to Enforce the
Anti-Spam Policy
Any of The Company's
customers found to be using The Company products
or services for spamming purposes may, at The
Company’s discretion, be immediately cut off from
use of all The Company products and services
and/or fined US$ 1,000 per occurrence, with no
refund of fees that have been paid.
The Company warns all of
its customers when signing up that if they
participate in spamming activities they will be
subject to the loss of The Company's services,
fines and possible legal action.
The Company has the right
to actively review its customers’ subscriber lists
and email for suspiciously large broadcasts. If
The Company finds any customers to be spamming, it
may issue a warning or reserves the right if the activities are
serious enough to take action
immediately if it deems necessary. Such
action may include but is not limited to disabling the customer’s account and/or
reporting the customer and the incident to the
proper authorities.
The Company does not attempt to censor any
content, nor to curtail the business of its
customers. However, spam activities do not fall
within uses authorized by The Company, and will
not be tolerated.
7. Reporting Spam.
If you believe that you have received spam from or
through The Company’s facilities, please send a
complaint from your email account along with the
unsolicited email, with completed header, to
installer@hardwoodinstallationbostonma.com. Please
provide any other information that you believe may
help us in our investigation. The Company does not
investigate or take any action based on
“anonymous” spam complaints.
8.False Spam Complaints. The Company supports the efforts of various
organizations working to responsibly eliminate
spam activities. However, if an individual has
opted-in to receive email from a customer of The
Company, and then falsely or maliciously files a
spam complaint against The Company or its
customers, The Company will cooperate fully with
the appropriate agencies to ban the complainant
from use of anti-spam software and the Internet
community.
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