Terms and Conditions

Intellectual Property Notices

These Terms and Conditions of Use (the “Terms of Use”) apply to the RTMAIL | RTPOS System (“RealTime POS System”) web site located at www.RTPOS.biz and www.My.RTMAIL.biz, and all associated sites linked to www.RTPOS.biz by RTPOS System, its subsidiaries and affiliates, including RTMAIL | RTPOS System | EZLogic Data System sites around the world (collectively, the “Site”). The Site is the property of RTMAIL | RTPOS System. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

RTMAIL | RTPOS System reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, www.RTPOS.biz | RTMAIL | RTPOS System grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.


    Age of Majority Required

    You must be 18 or older and legally able to be bound by a contract as a condition to receiving the ability to use RTMail - eMail Marketing Solution


    General Terms and Conditions

    We may modify the terms and conditions of this Agreement. Any modification will not in anyway compromise the privacy of your account's confidential information stored using our service. We will notify you of any material changes to this agreement by posting a notice on our web site and in the application for a reasonable period of time after such changes are made, that this agreement has been updated, and by changing the "Updated" date at the bottom of this agreement. Your further use of RTMail - eMail Marketing or any tool or service that we provide to you subsequent to a change or modification of this Agreement is your express indication to us that you agree to be bound by any change or modification in this Agreement.

    You must provide correct and complete personal and business information as requested by us in the RTMail - eMail Marketing registration process.

    You are responsible for the security of your password and user ID.

    You are responsible for all fees required for your license to use RTMail - eMail Marketing and any and all other products, services and tools that we offer which you subscribe to.

    You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

    Your email campaigns may not generate abuse complaints that, in our sole discretion, exceed industry norms. If so instructed by a posted guideline or rule, you may not issue more email per day than our per diem limitation.

    We will cancel your account without prior notice if we determine that you are in violation of any of the terms and conditions of this Agreement.

    You may not transfer this Agreement to any third party nor use our software to benefit any third party.


    General Email Rules and Guidelines

    All e-mail messages sent out must comply with all relevant federal and state laws and all content must not violate any federal, state law, code, or regulation, whether criminal or civil in nature.

    All e-mail messages must comply with the following:

    • Message must originate from a valid from address (RTMail - eMail Marketing takes steps to verify this).
    • Your company name, address, city, state, zipcode and phone number must be clearly included.
    • Unsubscribe must be clearly visible (RTMail - eMail Marketing will automatically place an unsubscribe link in the e-mail).
    • You must comply with unsubscribe requests within 7 business days.
    • An unsubscribed e-mail address should not receive any further e-mails.
    • You must maintain a record of all unsubscribe requests, including the day you removed the address from the subscription list.
    • You must provide us with a copy of such records upon our request.
    • You must follow the terms and conditions of our Terms of Use.

      The Terms of Use is incorporated by reference into this document as if fully set forth herein. Please review the Terms of Use frequently as we may update the contents of the Terms of Use at any time. By accepting this contract, you agree to follow the terms and conditions of the Terms of Use and you agree to regularly review the Terms of Use to see if the Terms of Use has been modified, changed or updated. We will not contact you if we modify or change the Terms of Use.

      You agree to keep RTMail - eMail Marketing informed of your valid email address at all times. In the event that RTMail - eMail Marketing should make any modification of this agreement, RTMail - eMail Marketing will send you an email addressed to the email address that you have provided us. Once we send an email notifying you of a change or modification to this agreement, you agree to be bound by any such change or modification, regardless of whether you have changed your email address or actually received the email notification. The RTMail - eMail Marketing service gives its users all the tools necessary to build and maintain an opt-in email list. RTMail - eMail Marketing also allows you to import existing lists of email addresses. The email addresses that are imported must have opt-ed in to receive messages from your company. These features make it easy for users to build and use lists of opt-in subscribers and eliminate the need to send unsolicited emails. Therefore, in the event that a complaint is received or an instance reported of an unsolicited email message sent by your company using RTMail - eMail Marketing, RTMail - eMail Marketing will investigate claims of unsolicited email messages sent using the service. If RTMail - eMail Marketing determines that a user is employing the service to send emails to recipients who have not opted in or recipients that have unsubscribed on a prior occasion, the account will be immediately terminated. By using our product you guarantee payment of this amount. You hereby authorize RTMail - eMail Marketing to charge your credit card account for any such amount as is necessary to equal such charges.


      Special Email Provisions

      Adding New Members: You will use a "single opt-in" or "double opt-in" (signup plus confirmation) subscription method for all new list members. For the purpose of this Agreement, a "double opt-in" method shall mean that when you add a new member's email address to the list, that email address shall not be activated unless and until the new member receives a single confirmation e-mail from you requesting the member's consent to be added to the list, and RTMail - eMail Marketing receives from the new member a confirmation action (such as a confirming e-mail from the new member's email address) approving such action. The confirmation e-mail sent by the Customer to new members may not include advertising or calls-to-action other than an appeal to confirm the member's subscription.

      Importing Members: You may only import members previously obtained directly by you using the "single opt-in" or "double opt-in" (recommended) procedures described above. You may not import opt-out members directly into your list under any circumstances. You MAY NOT import members from co-registered or purchased sources, regardless of the confirmation status of said members.

      One-Time Mailings: You may not use RTMail - eMail Marketing for one-time mailings to a list of members after which you substantially delete the membership and create a new list. Your membership must be a static, permanent list to which you add or delete new members and/or members subscribe or unsubscribe themselves in the ordinary course. Failure to comply with any provision of the RTMail - eMail Marketing Terms of Use or Terms of Use will result in an immediate termination of service, and no monies paid to RTMail - eMail Marketing will be returned. You agree to hold RTMail - eMail Marketing, its parent corporation, any assigns or partners, officers and staff, harmless and defend from any and all civil actions relating to your use or abuse of any RTMail - eMail Marketing product or service. Content: Some content (both subject and body content) cannot be sent through RTMail - eMail Marketing under any circumstances. This includes the following but is not limited to:

      • gambling
      • betting
      • lead sales
      • pornography/adult content
      • pharmaceutical
      • promotion or sale of products or services that are deemed unlawful within the United States
      • work-at-home offers promoting "get rich quick", "build your wealth" and "financial independence" offerings
      • If you are unsure about how this applies to your email content, please contact us before using the service.


      User Guide Elements

      RTMail - eMail Marketing is an opt-in email marketing system.

      When using RTMail - eMail Marketing you must ensure that the following criteria is met for outgoing messages:

      • The from address is a valid email address
      • Your full contact information including mailing address and phone number is included in the message.
      • An unsubscribe link is clearly viewable in your message.
      • You will review and abide by all Can-Spam requirements.

      You must also agree to follow standard Internet etiquette for email and state/federal laws which offer the following usage provisions:

      • You must not harvest email addresses.
      • You may only send out to those individuals that have given you explicit permission to email them.
      • You must fully comply with unsubscribe requests. Full compliance means that you do not ever email this the address unless the email address owner provides permission and rescinds the unsubscribe request.

      Regarding Functionality

      All content, tools, functions and services provided via us are provided on an "as is" basis and we disclaim any and all warranties, express or implied, including those warranties of merchantability, fitness for a particular purpose, title and non-infringement. Such disclaimers may be limited by the laws of your state, and if so limited, may not apply to you. No warranties of validity regarding any of the content provided by us are made.


        Termination of Service

        We reserve the right to terminate any and all service provided to you at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you. If we terminate services to you, we will deactivate your account. We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account. No refunds will be granted to you if we terminate your account. You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.


        Arbitration

        This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the State of California excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Sacramento, California before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section.


        Nondisclosure

        Each party shall retain in confidence all proprietary and confidential information transmitted to the other that the disclosing party has identified in writing, or orally and then subsequently identified in writing, as being proprietary and/or confidential, and will make no use of such information except under the terms and during the Term of this Agreement. During the term of this agreement, and after the termination of this agreement, we will use all reasonable precautions and take all necessary steps to prevent your distribution lists from being acquired by unauthorized persons. We will not share (unless required by law), sell or otherwise distribute the confidential information in your account. You agree to use all reasonable precautions and take all necessary steps to prevent our confidential information, data, scripts, object code, source code, programs, business plans, business models, business concepts, communications and any and all further confidential information from being acquired by unauthorized persons, and to take appropriate action, by instruction, agreement, or otherwise, with regard to all persons permitted access to our owned confidential information and data, in order to ensure our confidential information and data are protected. Client shall not disclose any of our confidential information to any person for any purpose other than as provided in this Agreement. However, neither party shall have an obligation to maintain the confidentiality of information that (a) it has rightfully received from another party prior to its receipt from the disclosing party; (b) the disclosing party has disclosed to a third party without any obligation to maintain such information in confidence, (c) enters the public domain or becomes generally known to the public by some action other than breach of this Agreement by the receiving party; or (d) is independently developed by the receiving party. Each party shall safeguard proprietary and confidential information disclosed by the other using the same degree of care it uses to safeguard its own proprietary and confidential information but, in no event, shall use less than a reasonable degree of care. Each party's obligation under this paragraph shall extend for a period of three (3) years following termination or expiration of this Agreement.


        Waiver and Amendments

        No waiver, amendment, or modification of any provision of this Agreement shall be effective unless agreed to by both parties in writing. No failure or delay by either party in exercising any rights, power, or remedy under this Agreement shall operate as a waiver of any such right, power, or remedy.


      Severability

      Should any term of this Agreement be finally determined by a court of competent jurisdiction to be invalid, unenforceable or otherwise contrary to law and equity, the parties agree that such provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary to eliminate its invalidity or unenforceability, and that the other provisions of this Agreement shall remain unaffected.


      Force Majeure

      Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed or other occurrences which are beyond either party's reasonable control.


      Cancellation of Service and Refunds

      In order to cancel your account you must submit a cancellation request by emailing sales@rtpos.BIZ or sales@RTMAIL.biz. If you choose to cancel your account, any credits remaining in your account will not be refundable. Any credits, subscriptions or other services offered for sale are non-refundable.


      Materials provided to RTMail - eMail Marketing Solution or Posted at RTMail - eMail Marketing Solution Site www.RTMAIL.biz

      RTMail - eMail Marketing does not claim ownership of the materials you provide to RTMail - eMail Marketing (including feedback and suggestions) or post, upload, input or submit on the Site or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting RTMail - eMail Marketing, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sub-license such rights.

      No compensation will be paid with respect to the use of your Submission, as provided herein. RTMail - eMail Marketing is under no obligation to post or use any Submission you may provide and RTMail - eMail Marketing may remove any Submission at any time in its sole discretion.

      By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

      In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sub-licenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sub-license such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.


      Log Files

      We use IP addresses to analyse trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within RTPOS System on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.


      Cookies

      Like most interactive web sites RTMail - eMail Marketing website www.RTMAIL.biz uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.


      Links to Other Sites and to the RTMail - eMail Marketing Site www.RTMAIL.biz

      This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under RTMail - eMail Marketing’s control, and RTMail - eMail Marketing is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.


        Links to RTMail - eMail Marketing Site www.RTMAIL.biz

        You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.


        Links from RTMail - eMail Marketing Site www.RTMAIL.biz

        We do not monitor or review the content of other party's websites which are linked to from RTMail - eMail Marketing. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave RTMail - eMail Marketing site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. RTMail - eMail Marketing will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.


      Accounts, Passwords and Security

      Certain features or services offered on or through the Site may require you to open an account (including setting up a RTMail - eMail Marketing Store ID, username and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify RTMail - eMail Marketing immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by RTMail - eMail Marketing or any other user of or visitor to the Site due to someone else using your RTMail - eMail Marketing Store ID, password or account.

      You may not use anyone else’s RTMail - eMail Marketing Store ID, password or account at any time without the express permission and consent of the holder of that RTMail - eMail Marketing Store ID, password or account. RTMail - eMail Marketing cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.


      Copyright Notice

      Copyright and other relevant intellectual property rights exists on all text relating to RTMail - eMail Marketing's services and the full content of this website.

      RTMail - eMail Marketing's logo is a registered trademark of EZLogic Data System | RTPOS System | RTMail - eMail Marketing in the United States and other countries. The brand names and specific services of RTMail - eMail Marketing featured on this web site are trade marked.


      Communication

      RTMail - eMail Marketing has several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company's stated telephone, facsimile or mobile telephone numbers.

      RTMail - eMail Marketing | RTPOS System is in Miami FL, Toll Free: (888) 406-0603, Email: info@RTMAIL.biz or info@RTPOS.biz, P.O. Box 651278 Miami, FL 33265.


      Violation of These Terms of Use

      RTMail - eMail Marketing may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) RTMail - eMail Marketing’s rights or property, or the rights or property of visitors to or users of the Site, including RTMail - eMail Marketing’s customers. RTMail - eMail Marketing reserves the right at all times to disclose any information that RTMail - eMail Marketing deems necessary to comply with any applicable law, regulation, legal process or governmental request. RTMail - eMail Marketing also may disclose your information when RTMail - eMail Marketing determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

      You acknowledge and agree that RTMail - eMail Marketing may preserve any transmittal or communication by you with RTMail - eMail Marketing through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or RTMail - eMail Marketing determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of RTMail - eMail Marketing, its employees, users of or visitors to the Site, and the public.

      You agree that RTMail - eMail Marketing may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to RTMail - eMail Marketing, for which monetary damages would be inadequate, and you consent to RTMail - eMail Marketing obtaining any injunctive or equitable relief that RTPOS System deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies RTMail - eMail Marketing may have at law or in equity.

      You agree that RTMail - eMail Marketing may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

      If RTMail - eMail Marketing does take any legal action against you as a result of your violation of these Terms of Use, RTMail - eMail Marketing will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to RTMail - eMail Marketing. You agree that RTMail - eMail Marketing will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.


      Notification of Changes

      RTMail - eMail Marketing reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and announcements page in the Client Area of our site. If there are any changes in how we use our site customers' Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

      These terms and conditions form part of the Agreement between the Client and RTMail - eMail Marketing. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.