1. Acknowledgment and Acceptance of EZ24x7 NCOALink® Instant Service Terms of Service
EZ24x7 NCOALink® Instant Service ("EZ24x7") is the service division of Address Enhancement Software ("AES systems"). Services are provided to you under the EZ24x7 Terms of Service ("EZTS"). The EZTS comprises the entire agreement between you ("The Customer") and EZ24x7 and supersedes all prior agreements between the parties regarding the EZ24x7 web site and subject matter ("Content") contained therein.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I AGREE" BUTTON WHEN REQUESTING EZ24X7 SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE EZTS.2. Description of Service
EZ24x7 provides registrants with access to EZ24x7 real time address validation and NCOALink processing. Address validation data updates ("AIS data") are received monthly and NCOALink updates are received weekly. Address validation includes CASS™ validation and DPV®confirmation. NCOALink, eLOT®, LACS Link®, SuiteLink™ and RDI™ are options selected when requesting EZ24x7 Services. NCOALink processing requires at a minimum 100 unique names and addresses.3. Processing Acknowledgment Form
All registration information requested shall be referred to as Processing Acknowledgment Form information ("PAF Information"). In compliance with United States Postal Service® requirements, a signed Processing Acknowledgment Form, ("PAF"), must be scanned and e-mailed to EZ24x7 as described by the getting started e-mail. If any PAF Information other than e-mail address changes, a new PAF is created and must be signed, scanned and e-mailed to EZ24x7. In addition, the PAF must be renewed annually. A current, accurate, signed PAF must be on file for EZ24x7 to provide Services.
If any PAF Information provided by a registrant is inaccurate, EZ24x7 will close the account and cancel all rights to use EZ24x7 Services.4. Service Warranty
If EZ24x7 is at fault and fails to process your request in accordance with the specifications confirmed by The Customer in the EZ24x7 applet, EZ24x7 shall repeat the service, at no expense to you The Customer. If repeat service is not feasible, EZ24x7 shall issue a credit.
THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE SERVICE, AND IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY. REPEATING THE SERVICE, OR CREDIT IF APPROPRIATE FOR THE SERVICE IS THE CUSTOMER'S SOLE REMEDY FOR BREACH OF WARRANTY.
THIS WARRANTY WILL NOT APPLY IN THOSE CASES WHERE THE FAILURE TO PERFORM THE PROCESSING PROPERLY WAS AS A RESULT OF ERRORS IN THE DATA SUPPLIED BY THE CUSTOMER OR ERRORS SELECTING SERVICE OPTIONS. EZ24x7 DOES NOT ASSUME RESPONSIBILITY FOR ANY DAMAGES THAT THE CUSTOMER MAY INCUR BY REASON OF FAILURE OF PERFORMANCE OF OUR SERVICES, INCLUDING INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.5. Modifications to Terms of Service
EZ24x7 may change the terms and conditions of the EZTS from time to time. We will notify you by e-mail only if there are any substantial changes in the terms and conditions of this EZTS.6. Modifications to Service
EZ24x7 reserves the right to modify or discontinue any service with or without notice to EZ24x7 Customers. EZ24x7 shall not be liable to any Customer or any third party should EZ24x7 exercise its right to modify or discontinue any of its Services.7. Disclaimer of Warranties
EZ24x7 IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENT. EZ24x7 DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EZ24x7 DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.
Price and service availability information is subject to change without notice. Except as specifically stated on this site, neither EZ24x7 nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.8. List Owner's Prohibited From Resale of the Service
The List Owner's right to use our Services is personal to an individual List Owner. A List Owner may be an individual, a corporation or other business entity. List Owners agrees not to resell EZ24x7 Services.9. List Administrators and Brokers
EZ24x7 provides for third party access to Services provided a signed PAF is on file and current for each and every List Owner represented by the List Administrator or Broker. Such EX24x7 service is deemed to be provided to the third party for the exclusive benefit of the List Owner being represented.10. Customer Responsibility
The EZ24x7 Customer's use of our service is subject to all applicable local, state, national and international laws and regulations. Customer agrees: (1) To comply with U.S. law regarding the transmission of address data exported from the United States through our service without prior written consent from the United States Postal Service; (2) Not to interfere or disrupt networks connected to our service; and (3) To comply with all regulations, policies and procedures of networks connected to our service. Attempts to gain unauthorized access to other computer systems are prohibited. EZ24x7 will immediately terminate our Services should a Customer fail to comply with these terms and conditions.11. Indemnification
Customer agrees to indemnify and hold EZ24x7, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of The Customer's use of our Services, the violation of this EZTS by a Customer, or the infringement by a Customer, or other user of our Services using a Customer's computer, of any intellectual property or other right of any person or entity.12. Termination
Either a Customer or EZ24x7 may terminate the service agreement with or without cause at any time and effective immediately. EZ24x7 shall not be liable to its Customer or any third party for a termination of our Services. Should a Customer object to any terms and conditions of the EZTS or any subsequent modifications thereto or become dissatisfied with our Services in any way, their only recourse is to immediately: (1) discontinue use of our Services; (2) terminate the account; and (3) notify EZ24x7 of termination. Upon termination of the account, An EZ24x7 Customer's right to use our Services and software immediately ceases.13. Notice
All written notices by either party shall be in writing and shall be made either via e-mail or conventional mail. EZ24x7 may broadcast notices or messages through the Internet to inform Customers of changes to the EZTS, EZ24x7 Services, or other matters of importance; such broadcasts shall constitute notice to EZ24x7 Customers.14. Proprietary Rights to Content
EZ24x7 Customers acknowledge that Content, including but not limited to text, software, graphics or other material presented to Customers by the EZ24x7 web site is protected by copyrights, trademarks or other proprietary rights and laws; therefore, EZ24x7 Customers are only permitted to use this Content as expressly authorized by EZ24x7. EZ24x7 Customers may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by EZ24x7.15. Laws
The EZTS shall be governed by and construed in accordance with the laws of the State of Nevada, excluding its conflict of law provisions. EZ24x7 Customers and EZ24x7 agree to submit to the exclusive jurisdiction of the courts of the State of Nevada. If any provision(s) of the EZTS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. EZ24x7's failure to exercise or enforce any right or provision of the EZTS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by EZ24x7 in writing. EZ24x7 Customer’s and EZ24x7 agree that any cause of action arising out of or related to providing Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the EZTS are solely used for the convenience of the parties and have no legal or contractual significance.16. Payment Terms
You can pay for Services you purchase from EZ24x7 with credits assigned by EZ24x7, by a MasterCard or Visa Card or by being approved for and accepting EZ24x7 credit terms.
You must register as a new user and return a scanned and signed PAF before the account becomes active as required by the United States Postal Service. Once active, you must login as an existing Customer. After completing order specifications using the EZ24x7 applet, we will either verify that credits exist for the account or pass you to a secure SSL Gateway that will authorize payment. After order processing is complete, credits will be deducted from your account or the credit card previously authorization will be collected. Payment is collected only after the service has successfully completed.
EZ24x7 considers your original data and service results your property. Your data belongs solely to you and will never be used for any purpose except to provide the Services requested. We do not retain your data on disk storage devices unless the address list is greater than 500,000 records in which case it is FTP'ed to EZ24x7 and remains on our secure servers only as long as it takes to process the file. Address lists 500,000 records or less are processed by EZ24x7 secure servers and exist only in RAM or SWAP memory while being serviced and is released the moment the service has been provided.
When you register with EZ24x7, we request your name, company name, e-mail address, phone number, postal address and North American Industry Classification Code ("NAICS") all of which are required for the USPS ® PAF. The only data we requested from you that was not required by the USPS was e-mail address that serves as your logon id and used for notifications. We use this PAF Information to manage registrations and collect information required by the United States Postal Service to meet the PAF requirement. All PAF Information is limited to this use and never shared with anyone except as required and stipulated by the USPS as described by USPS publication titled "NCOALink SOFTWARE DEVELOPER SOFTWARE PERFORMANCE REQUIREMENTS".
If you pay for Services via Credit Card, "LinkPoint Secure Data Gateway" manages transactions. All credit card and billing information is collected by the secure gateway used for CHASE, Bank of America and other merchant account services. Secure payment gateway payment information is encrypted using secure sockets layer (SSL) technology. SSL is secure server software that protects against any unauthorized access. EZ24x7 is relieved of this detail and never collects any credit card information leaving those transactions to the expertise of merchant services regulated by the U.S. Government, MasterCard and Visa Card.
Like most every web site, our EZ24x7 web site records certain tracing information anytime someone may visit our site. For every web page that is viewed, our web server records an IP address, the operating system, browser version and the name of the page that was viewed. This information is not linked to any specific user and is used in the aggregate to maintain and improve our EZ24x7 web site.18. EZ24x7 Data Center Security
The EZ24x7 data center security required approval of the USPS assuring Title-39 and U.S. Privacy requirements securing NCOALink data and confidential USPS trade secrets. The EZ24x7 data center is located in a highly secure facility guarded electronically 24 hours a day. Our EZ24x7 data center computers communicate with each other using a private network behind a Cisco PIX "firewall" that prevents any unauthorized access.19. EZ24x7 LEGAL NOTICE
EZ24x7 NCOALink Instant Services is a subsidiary of AES systems. EZ24x7 provides service while AES provides address validation and management software and servers. AES is a non-exclusive Limited Service Provider Licensee of the United States Postal Service. Prices are not established, controlled or approved by the USPS. The following trademarks are owned by the United States Postal Service. This list is not exhaustive of all USPS® Registrations and Trademarks. DPV®, eLOT®, LACSLink®, NCOALink®, United States Postal Service®, USPS®, RDI™, SuiteLink™