Privacy and Terms of Service

THE FOLLOWING IS THE TERMS OF SERVICE ON WHICH WE OFFER SERVICES. YOU AUTOMATICALLY ACCEPTED THESE TERMS WHEN YOU STARTED USING Outstanda OR CLICKED THE "I ACCEPT" OPTION WHEN CREATING/USING AN Outstanda ACCOUNT. If you do not accept these terms of service or have any questions concerning them, contact support@Outstanda.com. We reserve the right to automatically amend these terms at any time and we will inform you via email of any changes. You accept the terms of service by accessing Outstanda after such a notification.

Outstanda is made up of Web sites and Web pages operated by Outstanda and its affiliates and of various products and services which are provided by Outstanda, its affiliates or third party service providers. These Web sites, Web pages, products and services will be collectively referred to in this Agreement as "Outstanda." "You" or “Customer” means You, Your company, Your employees, and anyone who has access to use Your Outstanda account. You must be at least eighteen (18) years of age to subscribe to and use any Outstanda service or product.

Outstanda has limits on file storage and bandwidth. See quote for more information or contact sales@outstanda.com for information.
Payment Terms: You agree to pay all charges related to your account. All payments for charges will be made in U.S. Dollars. Monthly and/or Quarterly charges shall be billed to Customer’ charge card or Invoiced at the beginning of the period. Any additional services or usage charges will be billed in arrears. Amounts that are not paid in full within fifteen (15) days of the billing date will be subject to interest charges of the lesser of one and one-half percent (1.5%) per month or the highest amount permitted by law, which interest shall accrue daily. If a Customer does not provide written notice of a dispute with respect to charges or taxes within six (6) months of the date of an invoice, such invoice shall be deemed correct and binding on Customer. In the event Customer fails to pay an invoice within 30 days of invoice date, Outstanda may issue a notice of default and may discontinue services in the event Customer has not fully paid all invoices within seven (7) days of the default notice.
Cancellation Terms: Customers wishing to discontinue usage of the Outstanda service must provide a written request via email to support@Outstanda.com thirty (30) days prior to the cancellation date. If Outstanda does not receive a written notice of cancellation or the Customer does not receive a confirmation of cancellation, the Customer is responsible for all billing until the cancellation terms are met.
UCE/SPAM POLICY: SPAM is damaging to our business, it degrades the efforts of legitimate marketers, and it may very well be illegal. When supplying email lists, you are required to only use the email addresses of people who you have a personal or pre-existing business relationship with you or who have indicated their desire to receive email communications from you ("opt-in"). In addition, you must not prevent a Newsletter subscriber from unsubscribing themselves from your list. The built-in subscription management tools tied to your Newsletter should not be circumvented in any way. Also, You may not use a name in connection with operating Your Outstanda account that is confusing or misleading to participants, or otherwise impersonate or deceive participants with respect to Your identity.
Your Customer Date: All information on our servers is kept in a private and secure mode other than what the Customer makes public. Outstanda will not use Customer information for any purpose other than for the Customer account. . Outstanda will not use Your customer information for the purpose of sending unsolicited commercial e-mail to such customers. See # 11 on privacy.
You are responsible for paying for all taxes, hardware, software and services incurred to access Outstanda.
We may add, modify and/or delete Outstanda services at any time at our own discretion.
You are responsible for obeying all laws applicable to the use of Outstanda and information dissemination in general.
We may terminate your Outstanda account immediately if you breach these Terms of Service or if we cannot verify or authenticate information you provide to us. We may also terminate your Outstanda account if we decide, in our sole discretion, to discontinue offering you our services. Following termination, we may remove some or all of your content from our servers or retain it, at our sole option.
Privacy is important to us. However, given the current regulatory and technical environment you should not have an expectation of privacy in your Outstanda account or any content or information associated with it. For example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept your private communications. We cannot ensure that all private communications or information associated with your Outstanda Newsletter will remain private.
You may not interfere with or disrupt the Outstanda or servers or any network connected to Outstanda.
You may not reproduce or redistribute any software available in the Outstanda tools and site. You may not copy or reproduce the Software to any other server or location for further reproduction or redistribution. You may not decompile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in the Outstanda, or in any product, service or software provided through the Outstanda.
WE AND OUR SUPPLIERS PROVIDE OUR SERVICES AND YOUR Outstanda NEWSLETTER "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR Outstanda SERVICES OR THESE TERMS OF SERVICE, WITHOUT LIMITATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF Outstanda, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING Outstanda AND ITS RELATED SERVICES AND PRODUCTS. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.

Terms of Service concerning your content:

You are responsible for all content displayed on pages within your Outstanda Newsletter and Site, including content provided by you or by any person that you give editing permission. It is your responsibility to check and verify the content before making it public. Outstanda reserves the right to take any action with respect to your content if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
The content distributed through your Outstanda Newsletter: (a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition, antidiscrimination or false advertising); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene, contain pornography of any type, or contain child pornography; and (e) shall not contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure.
Links within the Outstanda service may let You leave the Outstanda site. You acknowledge that the linked sites are not under the control of Outstanda and that Outstanda is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site. You may not link to external sites that break the content terms of service requirements. Outstanda is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Outstanda of the linked site or any association with their operators.
For the purposes of displaying your Outstanda Newsletter on the Internet (at your private URL), you grant to us the right to exercise appropriate intellectual property rights with respect to any content you place on your Outstanda Newsletter and Site.
You may not use content hosted by Outstanda with any other email service provider unless prior written permission has been obtained.

When using Outstanda you may NOT:

Publish, post, distribute, advertise, disseminate or link to any: (i) content, site, name, topic, material or information which is inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content; (ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own, or control such rights or have received all necessary consents for Your publication, distribution, or linking of such software and other materials; (iii) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs; (iv) software, content, other material or Web site that constitutes "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
Sell, offer to sell, distribute, promote, disseminate, facilitate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent, obscene or pornographic; Nazi memorabilia; registered or unregistered securities; goods or services that You cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods or activities that if sold via any Outstanda services or Your Web site would cause Outstanda to violate any law, statute or regulation; or any other illegal activity;
Harvest or otherwise gather information about third parties, including e-mail addresses, without the express consent of such third parties.
Violate any applicable government laws or regulations.

General Terms of Service

These Terms of Service shall be governed in all respects by the laws of the State of Ohio as such laws are applied to agreements entered into and to be performed entirely within Ohio between Ohio residents. Both parties submit to jurisdiction in Ohio and further agree that any cause of action arising under these Terms of Service shall be brought in a court in Akron, Ohio. We do not guarantee continuous, uninterrupted or secure service, and we are not liable if you are unable to access your Outstanda account or our services. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer these Terms of Service or your rights in your Outstanda account, and any attempt to the contrary is void. These Terms of Service sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
The services hereunder are offered either originally or through private label as Outstanda by Liquid Learning, Inc., located at 201 E. Summit St., Kent, OH 44240. Fees for services are described in the product information section of our website.

Hosting Service Level Agreement (“SLA”)

Outstanda guarantees that the hosting services will be available 99.99% of the time in a given month, excluding scheduled maintenance. Uptime includes the functioning of all network infrastructure within Outstanda’s datacenter facilities, the web server, database server servers, email server, and the software that is run on those servers (collectively, the “Service Provider Network”). Downtime exists when Client is unable to visit the website or login in to the web application 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 Hosting 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 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.