Click here to buy now!
Call us: +(973) 685-4466


You are here:   Home / Terms of Service

Terms of Service


 

This page contains the Terms of Service under which you and your users (collectively, "Client") may use the services of ThinkPost Communications and its email sites ("Service Provider"). If you accept these Terms of Service, you are indicating that you have read, understand and agree to be bound by all of the terms, conditions and policies set forth herein, including any future amendments (collectively, the "Agreement").

Description of Services

Service Provider will provide the Client with a capability to send and receive electronic mail ("email") through the Web via the SMTP, POP3 and IMAP4 protocols through a local email client on their desktop and to access their mail via the Internet and a Web browser ("Email Services"). Service Provider acknowledges that Client has selected a specific package of Email Services and will provide only those Email Services that Client has selected to receive. Client acknowledges that extra storage, customizable Webmail sites, and other features may be available on an upgrade basis. Service Provider is not responsible for providing Client's access to the Internet or paying for such services. Service Provider is not responsible for providing any equipment necessary for Client to make a connection to the Internet, including but not limited to computers and modems.

If any information provided by the Client is false or inaccurate, Service Provider retains the right to terminate the Client's right to use the Email Services.

Service Level Agreement ("SLA")

Service Provider guarantees that the Email Services will be available 100% of the time in a given month, excluding scheduled maintenance. Uptime includes the functioning of all network infrastructure within the Service Provider facilities, the mail servers that provide SMTP, POP3, IMAP and Webmail access, and the software that is run on those servers (collectively, the "Service Provider Network"). Downtime exists when Client is unable to send and receive email as a result of a failure of the Service Provider Network. This Service Level Agreement does not cover Client's connection to the Internet or any systems or software outside of the Service Provider Network.

If for some reason the Email Service does not meet these standards, Client may request a refund in the amount of 5% of their monthly fee for each 30 minutes of continuous downtime (up to 50% of Client's monthly fee). Alternatively, if no single period of downtime was 30 minutes or greater, Client may request a refund equal to the percentage of downtime during the affected month multiplied by Client's monthly Email Service fee. In either case, such refund will be Client's sole remedy for the failure of Service Provider to maintain 99.99% uptime during a given month.

Refunds will be issued in the form of a credit towards Client's next invoice, unless the affected month is Client's last month of service, in which case the refund will be issued via check or credit card within 60 calendar days.

Maintenance Windows

Service Provider makes every effort to perform all system maintenance activities during a scheduled maintenance window. The maintenance windows are currently scheduled for Saturdays and Sundays from 11:00 am to 4:00am Eastern, though not every maintenance window is utilized. If system downtime is planned during a maintenance window, Service Provider will make an announcement prior to the date of the activity.

In Case of Modifications to Terms of Service

Service Provider may modify this Agreement at any time, at which point notices will be sent to the Client using any of the contact methods provided by Client. The Client's continued use of the Email Services for twenty-four (24) hours after notice of the modification is dispatched will constitute an affirmative acknowledgment by the Client of the Agreement and its modifications as well as an agreement to abide by such terms.

Period of Performance

This Agreement and Client's use of the Email Services shall become effective on the date the order is submitted by Client to Service Provider ("Effective Date"). The Period of Performance of this Agreement shall commence on the Effective Date and shall continue for a period as selected by Client during the ordering process ("Initial Period"). Thereafter, this Agreement shall automatically renew for additional like periods ("Renewal Periods") on the same terms and conditions as herein agreed, as may be amended from time to time, unless and until either party provides the other party with written or electronic notice of termination at least thirty (30) days prior to the end of the Initial Period, or any Renewal Period.

Renewal Fees

Service fees for each Renewal Period ("Renewal Fees") will be invoiced thirty (30) days prior to the commencement of the Renewal Period. The Renewal Fees will be due in full one (1) day prior to the commencement of the Renewal Period, and will be automatically debited from Client's credit card prior to that date, unless other payment arrangements are made between Client and Service Provider.

Termination and Non-Renewal

Upon termination or non-renewal of service, Client agrees that Service Provider and the Service Provider Network shall no longer support Client's Email Services and shall no longer be required to store any of Client's data. In the event of termination or non-renewal of service, Service Provider may delete all of Client's information and email data after thirty (30) days. Exports of the database that contains Client's information and email data are available upon request. Requests for such data must be made at least thirty (30) days prior to the termination or non-renewal of services. Upon receiving the request for such data, Service Provider shall make the data available to Client within fourteen (14) days. Service Provider reserves the right to charge a fee for providing data exports when the request is not related to termination or non-renewal of services.

Understanding for Termination

The Client agrees that Service Provider may terminate the Client's use of the Email Services if it believes that the Client has violated or acted inconsistently with the letter or spirit of this Agreement, or that the Client has violated the rights of Service Provider or other Clients or parties.

Service Provider may also terminate the Client's use of the Email Services if Client's payment for any Service Fee or Renewal Fee is returned for insufficient funds, rejected by bank card processing services, or otherwise any situation in which the Email Services provided by Service Provider remains unpaid after its due date ("Overdue Balance"). In a situation where Client has an Overdue Balance, Service Provider will make a reasonable effort to contact Client using the contact methods previously provided by Client, in order to obtain full payment for the Overdue Balance, before terminating Client's use of the Email Services.

Email Message Filtering

Service Provider may optionally provide filtering of email messages that pass through the Service Provider Network for the purpose of identifying Spam, known viruses and other disruptive content (collectively "Junk Email"). Service Provider makes reasonable effort to configure its automated software to accurately identify Junk Email, however Client acknowledges and agrees that it is not possible to identify such content with 100% accuracy and that Service Provider is not obligated to do so. Service Provider does not guarantee that it will identify and block all of the Junk Email that Client receives through the use of the Email Services, nor does Service Provider guarantee that the emails that are identified or blocked by the filtering software truly contain Junk Email content. Client acknowledges that it is always a good idea to run a desktop virus scanner and firewall on computers that are connected to the Internet as a secondary line of defense in case such content slips through the email message filters and to reduce the risk of Client's systems being infected by viruses that spread via other methods besides email.

Client agrees to and understands the risks associated with using the Email Services and receiving and transmitting email messages via the Internet. Client agrees to hold harmless and indemnify Service Provider from and against any liabilities, damages, losses, costs and expenses, including attorney's fees, of every kind and nature, caused by or arising out of claims based upon the receipt, transmission or loss of any content.

Email Message Storage

The Email Services have a fixed storage limit per mailbox, which upon request can be upgraded for a fee. Email messages when received may not be stored if the size of such email would put the destination mailbox over its storage limit. It is Client's responsibility to monitor the size of their mailboxes in order to prevent it from reaching its storage limit. Service Provider assumes no responsibility for the deletion of or failure to store email messages.

Data Backup and Restore Policy

Client's email messages are backed up to separate storage systems daily for the purpose of recovery from errors or system failure ("Data Backups"). The Data Backups consist of a snapshot of the contents within each mailbox at a specific moment in time. The Data Backups may not store every email that is transferred or received using the Email Service, but rather it stores a copy of the email messages that exist within each mailbox during the time the Data Backups are processed each day. Copies of email messages may remain in the Data Backups for approximately two (2) weeks, even after Client deletes the email messages from their mailbox or after termination of Email Services. Service Provider employees do not access email messages in the Data Backups unless a data restore is needed.

In the event that Client deletes email messages from their mailbox as a result of something other than a failure of the Service Provider Network, and wishes for those email messages to be restored, Client may request a data restore from any of the recent Data Backups snapshots. Client will be charged a fee per mailbox for each restore.

Client Responsibilities

This section describes Client's additional responsibilities under this Agreement.

  • Client will designate qualified personnel to act as liaisons between Client and Service Provider, and confirm electronically or in writing to Service Provider the names of such designated personnel from time to time.
  • Client shall be responsible for the administration of all end user login names, passwords and related settings for the purpose of authenticating and authorizing access to the Email Services.
  • Client shall be responsible for handling all communication, technical support to and business relations with end users who Client has authorized to use the Email Services, including but not limited to responding to inquiries and questions from end users.
  • Client is solely responsible for Content, including any subsequent changes or updates made or authorized by Client. Client represents and warrants that Content: (a) will not infringe or violate the rights of any third party including, but not limited to, intellectual property, privacy or publicity rights of others; (b) is not abusive, profane or offensive to a reasonable person; or (c) will not be hateful or threatening. Violations of the foregoing by Client may result in early termination of services by Service Provider in Service Provider's sole discretion.
  • Client is solely responsible for the Content of its transmissions and the transmissions of third parties accessing the Email Services through Client. Client agrees to comply with U.S. law with regard to the transmission of technical data, which is exported from the United States through the Email Services. Client further agrees not to use the Email Services (a) for illegal purposes or (b) to interfere with or disrupt other network clients, network services or network equipment. Interference or disruptions include, but are not limited to, distribution of unsolicited advertising or chain letters, propagation of computer worms and viruses, and use of the network to make unauthorized entry to any other machine accessible via the network. Violations of the foregoing by Client may result in early termination of services by Service Provider in Service Provider's sole discretion.
  • Upon termination of this Agreement, Client must discontinue use of the Email Services and relinquish use of the IP addresses or address blocks assigned to it by Service Provider in connection with the Email Services.

Acceptable Use Policy

Service Provider and Client will adhere to the Acceptable Use Policy with respect to the use of the Email Services.

Privacy Policy

Service Provider and Client will adhere to the Email Privacy Policy with respect to the collection and use of Client's personal information by Service Provider.  The privacy policy is below.

Rights

Notwithstanding anything to the contrary stated herein, Service Provider maintains all rights, title and interest in the Email Services, Service Provider Software, Project Software and Work Product, and Client may not claim ownership of or use the Email Services, Service Provider Software, Project Software and Work Product in a resale capacity or allow access to the Email Services, Service Provider Software, Project Software and Work Product by any third parties.

Service Provider reserves all rights to use the Email Services, Service Provider Software, Project Software and Work Product in whatever manner it chooses, including for other Service Provider clients.

Disclaimer of Warranties

THE CLIENT EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT THE CLIENT'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

SERVICE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

NEITHER SERVICE PROVIDER NOR ANY BUSINESS AFFILIATES OF SERVICE PROVIDER (INCLUDING ANY SUCH BUSINESS AFFILIATE THROUGH WHICH CLIENT BECAME A CLIENT OF THE SERVICE) MAKES ANY WARRANTY THAT THE SERVICE WILL MEET CLIENT REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SERVICE PROVIDER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

THE CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE CLIENT'S OWN DISCRETION AND RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE CLIENT'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

NEITHER SERVICE PROVIDER NOR ANY BUSINESS AFFILIATES OF SERVICE PROVIDER (INCLUDING ANY SUCH BUSINESS AFFILIATE THROUGH WHICH CLIENT BECAME A CLIENT OF THE SERVICE) MAKES ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CLIENT FROM SERVICE PROVIDER OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

NEITHER SERVICE PROVIDER NOR ANY BUSINESS AFFILIATES OF SERVICE PROVIDER (INCLUDING ANY SUCH BUSINESS AFFILIATE THROUGH WHICH CLIENT BECAME A CLIENT OF THE SERVICE) SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

No Resale or Profiteering of the Service

Although a Client may choose to register multiple accounts, any account of the Client is understood as a stand-alone single account. The Client may choose whether the account shall be used for personal or corporate purposes. However, the Client agrees not to resell or make any commercial use (leasing or selling of accounts) of Email Services, without the express consent of Service Provider.

Indemnification

The Client agrees to defend, indemnify and hold harmless Service Provider, its employees, directors, officers, agents and business affiliates (including any such business affiliate through which Client became a Client of the Service), and their respective successors and assignees from, and against, any and all liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of your account or the content contained in any email that has been sent or received through the Email Services, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.

Right to Set-Off

If, under this Agreement, Service Provider becomes obligated or liable to pay money to Client, that sum may at the election of Service Provider, and without limiting or waiving any right or remedy against Client, be set-off against and applied to any amounts which are due and owing by Client to Service Provider until such amount has been completely set-off.

Entire Agreement

This Agreement comprises the entire Agreement between Client and Service Provider and supercedes any and all prior agreements between the parties regarding the subject matter contained herein.

Non-Waiver

Failure of Service Provider to insist upon strict performance of any of the Terms of Service contained herein shall not be deemed a waiver of any right or remedy that Service Provider shall have in respect thereof, and shall not be deemed a waiver of any subsequent default in performance of the Terms of Service.

Provision of Notice

All notices to a party shall be in writing and shall be made either through email or conventional mail. Service Provider may broadcast notices or messages through the service to inform Clients of changes to this Agreement, the service, or other matters of importance; such broadcasts shall constitute notice to the Clients.

Privacy Policy


In this privacy policy "you" and "your" refer to Customers, as defined below, and "we" refers to ThinkPost.Net. We respect your right to privacy regarding the use of our Email Hosting Services and Email Marketing Services. We have adopted this Privacy Policy, which we hope provides privacy to you, assuming you are not using Email Hosting Services or Email Marketing Services to conduct unlawful activities and you otherwise comply with the Terms of Services. Our Privacy Policy makes the following commitments:

WE WILL NOT USE YOUR INFORMATION FOR ANY PURPOSES OTHER THAN TO PROVIDE YOU WITH OUR EMAIL HOSTING, EMAIL MARKETING, AND RELATED SERVICES. MORE SPECIFICALLY, WE WILL NOT SHARE YOUR INFORMATION WITH THIRD PARTIES IN WAYS OTHER THAN DISCLOSED IN THIS POLICY. ADDITIONALLY, WE WILL NOT EMPLOY TECHNOLOGY TO READ EMAIL MESSAGES IN ORDER TO TARGET, DISPLAY, OR SEND MARKETING ADS BASED ON THE CONTENT OF THOSE EMAIL MESSAGES.

This Privacy Policy discloses the types of personal information collected and stored by ThinkPost.Net and how that information is used to provide the Email Hosting Services, Email Marketing Services, and related sales and support services. You acknowledge and agree to the collection and use of your personal information as set forth in this Privacy Policy.

U.S. - EU Safe Harbor Privacy Statement

For personal information of Customers, which ThinkPost.Net receives from the European Economic Area, ThinkPost.Net has committed to handling such personal information in accordance with the Safe Harbor Principles. ThinkPost.Net's  Safe Harbor certification can be found at http://web.ita.doc.gov/safeharbor/shlist.nsf/webPages/safe+harbor+list. For more information about the Safe Harbor Principles, please visit the U.S. Department of Commerce's Website at http://www.export.gov/safeharbor/sh_overview.html.

ThinkPost.Net will apply this Privacy Policy to Reseller Accounts on behalf of the responsible Reseller as if the Reseller Accounts were Customers of ThinkPost.Net but nothing herein shall cause ThinkPost.Net to be obligated or liable to such Reseller Accounts. Resellers shall have sole responsibility to and for their Reseller Accounts.

Definitions

In this Privacy Policy the following terms will be used and have the subsequent definitions assigned to them:

  • ThinkPost.Net Network: the network infrastructure, hardware and software used to provide the Email Hosting Services and Email Marketing Services.
  • Email Hosting Services: the capability acquired from ThinkPost.Net to send and receive email through the Internet, via SMTP, POP3, IMAP4, and HTTP protocols.
  • Email Marketing Services: the capability acquired from ThinkPost.Net to send permission-based Bulk Email.
  • ThinkPost.Net: the company providing Email Hosting Services and Email Marketing Services pursuant to this Agreement.
  • Customer(s): purchaser(s) of Email Hosting Services and/or Email Marketing Services directly from ThinkPost.Net, including Resellers.
  • Reseller(s): purchaser(s) of Email Hosting Services and/or Email Marketing Services from ThinkPost.Net for the purpose of reselling the services to their respective customers. Provisions pertaining specifically to Resellers override conflicting provisions applicable generally to Customers.
  • Reseller Account(s): purchaser(s) of Email Hosting Services and/or Email Marketing Services from Resellers.
  • User(s): user(s) of Email Hosting Services, whether purchased directly from ThinkPost.Net or from a Reseller.
  • Control Panel: a web-based or application programming interface (API) that allows Customers, Resellers, and Reseller Accounts to manage their account settings online.

Reseller and Customer Email Account Information

Free Trial and Orders. If you sign up for our 14 day free trial or purchase a service from ThinkPost.Net, we collect some personal information, including but not limited to name, phone number, billing address, payment information and password. A secret question and answer may also be asked in order to verify the identity of Customers if their account password is lost. We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

Support Information. When you fill out an online form to make a request for customer support, ThinkPost.Net collects some personal information, including but not limited to name, company name, phone number, email address, domain name, and description of the inquiry. This information is used to open a trouble ticket so that ThinkPost.Net can remedy the issue as quickly as possible.

Email Contents. . The contents of your email account are stored on ThinkPost.Net servers in order to provide the Email Hosting Services and Email Marketing Services. This information is stored on secure servers, which process the information in order to provide you with authenticated access to your mailbox, receive and transmit email messages and prevent unsolicited bulk email ("Spam"). Email contents are backed up to separate storage systems daily for the purpose of recovery from errors or system failure. Copies of email messages may remain on the backup storage systems for approximately two (2) weeks, even after you delete the emails from your mailbox or after termination of Email Hosting Services or Email Marketing Services. In order to improve ThinkPost.Net's services and to ensure the integrity of the ThinkPost.Net servers and system, ThinkPost.Net may retain and analyze Spam (including unsolicited bulk email addressed to your email address) and under certain circumstances may permit certain third parties to do so, but only on a confidential, aggregate basis and only for the purpose of improving systems that address unsolicited bulk email.

For Email Hosting Services, ThinkPost.Net employees do not access the content of any mailboxes unless you specifically request them to do so (e.g., when Customers report difficulties using their account), or if required to do so by law, or if ThinkPost.Net in good faith believes that such action is necessary to protect, maintain and defend the rights and property of ThinkPost.Net, its Customers or the public.

For Email Marketing Services, outgoing bulk email messages are subject to review and rejection by ThinkPost.Net employees prior to transmission. Those messages reviewed by ThinkPost.Net employees will be reviewed solely to determine compliance with the Acceptable Use Policy, specifically those provisions pertaining to Email Marketing Services.

Special Email Addresses. All domains on the Internet are required to have a "postmaster" and "abuse" mailbox pursuant to certain industry regulations, specifically RFC 2821 and RFC 2142. To help you comply with this regulation, ThinkPost.Net automatically accepts mail for the following addresses within all domains hosted on the ThinkPost.Net network:

1. abuse@example.com - delivers to abuse@ThinkPost.Net
2. postmaster@example.com - delivers to postmaster@ThinkPost.Net

These special email addresses must always exist, however you may configure these addresses forward to alternate mailboxes within their domain. ThinkPost.Net employees monitor the emails that arrive to abuse@ThinkPost.Net and postmaster@ThinkPost.Net solely for the purpose of following up on abuse related complaints from Internet users and ISPs.

Log Information. You are provided with detailed usage statistics regarding your Email Hosting Services and Email Marketing Services. To provide this information, and to facilitate troubleshooting of problems, ThinkPost.Net collects certain information relating to the usage of the services. This information is stored in server logs and includes, but is not limited to, usage of SMTP, POP3, IMAP, ThinkPost.Net, Spam Filtering and Virus Scanning. This information is also aggregated in order to generate system wide usage totals, which are used to effectively scale the system infrastructure and improve the quality of the services.

Agents. We use an outside credit card processing company to process and collect fees for Email Hosting Services and Email Marketing Services. We will share your name, address, and credit card information as necessary for the third party to provide their service. These companies do not retain, share, store or use personally identifiable information for any other purposes. These third parties are prohibited from using your personally identifiable information for any other purpose.

Business Transitions. In the event that ThinkPost.Net goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via email as well as through a prominent notice on our website and Control Panel of any such change in ownership or control of your personal information for at least 30 days.

Access to Personally Identifiable Information. If your personally identifiable information changes, or if you no longer desire our Email Hosting Service or Email Marketing Service, you may correct, update, delete or deactivate your account in our Control Panel, by emailing support@ThinkPost.Net, by calling our support line at 973 494 0839 or by postal mail at the address listed below. ThinkPost.Net will respond to your request for access to your personal information with 48 hours.

Public Forums. If you use a bulletin board, blog, or chat room on this Web site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums and could be used to send you unsolicited messages. We are not responsible for personally identifiable information you chose to submit in these forums.

Security. ThinkPost.Net has put in place physical, electronic and managerial procedures to safeguard the information that is collected. Various security technologies have been implemented to ensure that external parties cannot access or modify your personal information on the ThinkPost.Net Network. Specifically, Secure Sockets Layer (SSL) encryption is used on specific Web pages to safeguard online purchase transactions. SSL technology is the industry standard protocol for secure, Web-based communications. SSL is used by e-commerce websites on the Internet to enable secure transactions between customers and suppliers. A limited number of employees are authorized to access your information when the need arises, and those employees undergo thorough background checks and are trained on the importance of maintaining your privacy.

Children's Privacy. ThinkPost.Net is committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children's online activities and interests. ThinkPost.Net does not knowingly collect information from children under the age of 13 and does not target its websites, Email Hosting Services, or Email Marketing Services to children under the age of 13.

Release of Personal Information in Extraordinary Circumstances. Except as provided for in this Privacy Policy, ThinkPost.Net will not share your personal information with third parties without your express permission unless extraordinary circumstances apply. With respect to the release of personal information, extraordinary circumstances exist when the disclosure of such information is legally required or requested by a governmental entity, or when ThinkPost.Net, acting in good faith, believes that the disclosure of such information is necessary to conform to legal requirements or comply with legal process, protect the rights of ThinkPost.Net, prevent a crime or protect national security, or protect the personal safety of its Customers or the public. If the information about your account, personal information, emails or other data, is sought from ThinkPost.Net by legal process, such as a subpoena, unless prohibited by law from doing so, ThinkPost.Net will attempt to notify you prior to the time a response is made but there is no assurance that we will be successful or that you will receive such notice. ThinkPost.Net will not contest or challenge the legal process or require a court order. We will provide the information to the party serving legal process on the earlier of 10 days after the process is served on us or on the due date for response set out in the legal process unless a protective order or other court action is received by ThinkPost.Net quashing the process. You will be solely responsible for obtaining such a protective order or court action. ThinkPost.Net will take no steps to do so.

Privacy Policy Changes. If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy, our website, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material changes to this Policy, we will notify you here, by email, or by means of a notice on our home page.

Website Information

ThinkPost.Net collects statistical information about how Users locate and navigate its websites. This information, sent by normal Web browsers, usually includes the browser type, Internet Protocol (IP) address and referring URL. This information is used to improve the usefulness of the websites and to enhance the positioning of websites within Internet search engines. Users remain anonymous unless they voluntarily contact ThinkPost.Net by filling out an online form, at which point this data may be linked with Users in order to provide the best possible service.

Demonstration email accounts. Website Users have two options in creating an email account for demonstration purposes. 1) Users may anonymously activate a "1-Click Demo" instantly providing access to a limited functionality sample email account through the ThinkPost.Net interface. 2) Users may request a fully functional demo account by filling out an online form. This form requires a valid email address and phone number so that ThinkPost.Net can contact User by email or phone to confirm potential fit of the email service and to provide User with the demo account password. ThinkPost.Net does not use submitted demo request form data for any purpose other than to contact Users regarding the demo.

Contact information. When Users fill out an online form to contact ThinkPost.Net, ThinkPost.Net collects some personal information, including but not limited to name, company name, phone number, email address, and reason for contact. This information is used to respond to the User's initial contact in a timely manner.

Cookies. A cookie is a small piece of information that a Web server can store temporarily with a Web browser. Cookies are useful for having a browser remember specific information that the Web server can later retrieve.

When Users visit ThinkPost.Net owned websites, a cookie is set on their browser for the purpose of gathering statistical data about how the ThinkPost.Net websites are being used. The use of cookies improves the quality of the websites, however if Users prefer, they may configure their browser not to accept cookies. Web browsers that do not accept cookies will still be able to access some of the ThinkPost.Net sites. Cookies are tied to Users' personal information only when a purchase is made, a demo is requested, or a contact form is filled out.

When you use ThinkPost.Net services, a cookie is set on your browser for security authentication purposes. Your sensitive information IS NOT stored within these cookies, unless you specifically select the "Remember my info" check box on the ThinkPost.Net login page located at webmail.ThinkPost.Net If you prefer, you may configure your browser not to accept cookies. When browsers are configured not to accept cookies, Email Hosting Services will still be available via POP3 and IMAP4 standard protocols and Email Marketing Services may be limited, however, for security reasons the ThinkPost.Net applications will not be available.

Third Party Cookies. Some of the businesses we advertise with use cookies on our website to help us determine the effectiveness of our website content and advertising. We have no control over third party cookies. This Privacy Policy covers the use of cookies by ThinkPost.Net, and does not cover the use of cookies by any advertisers. The information that these companies collect and share through this technology is not personally identifiable. This sub-section on Third Party Cookies only applies to the website Information section of this Privacy Policy and DOES NOT APPLY TO YOUR EMAIL ACCOUNT INFORMATION section. More specifically, we do not use Third Party Cookies when providing Email Hosting Services or Email Marketing Services to you.

Clear Gifs (a.k.a. Web Beacons/Web Bugs). Some of the businesses we advertise with employ a software technology called clear gifs (i.e. Web Beacons/Web Bugs) to help us determine the effectiveness of our website content and advertising. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Users. In contrast to cookies, which are stored on Users' computer hard drives, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to your personally identifiable information. This sub-section on Clear Gifs (a.k.a. Web Beacons/Web Bugs) only applies to the website Information section of this Privacy Policy and DOES NOT APPLY TO YOUR EMAIL ACCOUNT INFORMATION section. More specifically, we do not use Clear Gifs when providing Email Hosting Services; however, they are used to track campaign delivery information in the Email Marketing Services.

Choice/Opt-out. Prior to signing up for our services, we collect personally identifiable information when creating a demonstration email account, when contacting our staff and when requesting customer support. We only collect personally identifiable information that is voluntarily submitted via our online website forms. WE WILL ONLY CONTACT USERS WHEN A REQUEST FOR CONTACT OR A FULLY FUNCTIONAL DEMO EMAIL ACCOUNT HAS BEEN MADE. Users have the option of opting out of future communications by informing the company representative that contacts them, by emailing support@ThinkPost.Net, by calling our support line at 973 494 0839 or by postal mail at the address listed below.

Service-related Announcements. We will send you strictly service-related announcements via email on rare occasions when it is necessary to do so. For instance, if your service is being upgraded or is temporarily suspended for maintenance, we might send you and email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account. We also will occasionally send you an email asking you to fill out a customer satisfaction survey. You may opt-out of these by clicking on the unsubscribe link contained within the email.

EU Safe Harbor. ThinkPost.Net complies with the EU Safe Harbor framework as set forth by the Department of Commerce regarding the collection, use, and retention of data from the European Union.

TRUSTe Privacy Program

ThinkPost.Net is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent, non-profit organization whose mission is to build your trust and confidence in the Internet by promoting the use of fair information practices. This Privacy Policy specifically covers the following website: www.ThinkPost.Net. Because ThinkPost.Net wants to demonstrate its commitment to your privacy through this website, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.

Email: privacy-matters@ThinkPost.Net

If you do not receive acknowledgment of your inquiry or your inquiry has not been satisfactorily addressed, you should then contact