By using our site and services, you accept these terms.
Ownership of the Site
Each Site Owner may use the WVI Services to obtain email addresses of unidentified visitors to the Site Owner’s sites. Site Owner may use the Services only in compliance with all applicable laws and Data & Marketing Association (DMA) guidelines and may not use or permit the Services to be used (i) in violation of any applicable laws, statutes, rules, or regulations including all applicable privacy, “do not call,” “do not mail,” and similar “do not solicit” country, federal, state, county, and local regulations; (ii) for the propagation of worms, viruses, or other malware; or (iii) to violate the rights of others (including without limitation privacy rights). WVI reserves the right to suspend the Services (or a portion thereof) without notice in the event the Site Owner’s use of the Services is in violation of this section, and to terminate this agreement for repeated violations of this section.
Site Owner may place code (a “Pixel Tag”) on Site Owner’s Third-Party Site that is used to gather relevant information about the visitor to the site (a “Visitor”) to assist Site Owner in reaching its customers and intended audiences. WVI grants Site Owner a nontransferable, non-exclusive license to the data received from the use of the WVI Services (“Licensed Data”). Site Owner may use the Licensed Data only for marketing and management purposes and may not transfer possession, right, or title of or to such data to any third parties for any other purpose whatsoever.
Site Owner represents and warrants that it has in place and shall undertake the following in connection with this agreement:
Third-Party Pixels and Cookies
Pixel Services: In addition to Site Owner obligations and use restrictions hereunder, the terms in this Section apply to the Pixel Services. Site Owner will place code (a “Pixel Tag”) on Site Owner’s or Site Owner’s clients’ websites (“Site”) that is used to gather relevant information about the visitor to the Site (each a “User”) to assist Site Owner and Site Owner’s customers in reaching their respective customers and their intended audiences. Site Owner will fire the Pixel Tag when it wishes to receive information about the User from WVI. When WVI detects the Pixel Tag has been fired, WVI will attempt to identify the User who visited the Site, and, if it can identify the User, WVI will send information about the User (“User Data”) to Site Owner as a part of the Services. WVI may use data observed by the Pixel Tag to improve WVI’s products and services. All technology used in the Pixel Tag and all User Data provided by WVI shall remain the exclusive property of WVI. Each party gives the other permission to use its proprietary material solely pursuant to the licenses set forth herein.
WVI hereby grants to Site Owner a nontransferable (except as may be sublicensed to Clients), non-exclusive license to the data received from the use of the Pixel Services (“Licensed Data”). Site Owner and Clients shall use the Licensed Data for marketing and management purposes only and shall not transfer possession, right or title of or to such data to its clients or any third parties for any other purpose whatsoever. Site Owner shall not, and shall cause Clients to not, use or permit the use of the Licensed Data: (i) in violation of any applicable laws, statutes, rules or regulations including, but not limited to, all applicable “do not call,” “do not mail,” Direct Marketing Association guidelines, and similar do not solicit federal, state, county and local regulations; (ii) to violate the rights of others (including without limitation privacy rights); or (iii) in the development of any data products or services to be provided to third parties including, without limitation, any list enhancement or data appending service or product. If Site Owner receives consumer “lifestyle” data with the Licensed Data, such lifestyle data shall not be used in connection with any telemarketing activities. WVI reserves the right to suspend the Services (or a portion thereof) without notice in the event the Site Owner’s use of the Pixel Services is in violation of this section, and to terminate this Agreement for repeated violations of this section.
Site Owner and its services providers shall use industry-standard security measures, compliant with all applicable Laws to protect the User Data from unauthorized access, disclosure, use, modification, destruction and/or loss during storage or transmission, and from unauthorized storage, re-identification or association with personally identifiable information. In the event of any suspected incident involving User Data that could result in the compromise of the protections described above, Site Owner shall promptly notify WVI and provide all available information, and shall cooperate with WVI’s reasonable requests in connection with investigating and remediating any such incident. As used in the Section, “Laws” shall mean any federal, state, local, foreign or supra-national laws, regulations, rules, directives, ordinances, orders and judgements, including, without limitation, all Federal Trade Commission rules, regulations and staff reports, as well as (to the extent applicable) the EU Data Protection Directive (Directive 95/46/EC), any rules promulgated thereunder, and any self-regulatory guidelines relating to digital advertising. Behavioral targeting, privacy or data security promulgated from time to time by the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”).
The uses set forth in this Section, as well as the placement of Pixel Tags, may be undertaken by third parties such as Site Owner’s suppliers or data partners. Site Owner shall remain liable to WVI for all actions undertaken by such suppliers and/or data partners. Site Owner, or service providers, may facilitate the Services on behalf of a client, provided, however, that Site Owner’s clients shall, at no time, possess the User Data. Site Owner shall be liable to WVI for any use of the Services or User Data by service providers that is not authorized by this Agreement.
Site Owner may use the User Data to provide marketing services to their customers, Including triggering email advertisements to Users’ email addresses. Site Owner shall not send emails to Users who have “opted out” of receiving email ads. Site Owner may not sell, license or otherwise transfer or make available the User Data to any third party except to third parties who are acting as service providers to Site Owner and are using the User Data solely on behalf of Site Owner.
If User Data includes email addresses, Site Owner acknowledges that if Site Owner will be emailing marketing solicitations regarding products prohibited by law to be advertised to or used by minors, applicable law may require suppression processing to be run against Site Owner’s files in order to suppress all email addresses accessible to minors from such marketing solicitations. Site Owner warrants that Site Owner will apply such suppression processing as required by law prior to utilizing email address data provided herein. Site Owner will indemnify and hold WVI, its agents and employees harmless from and against any claim, action or liability (including damages, costs, expenses and reasonable attorneys’ fees), that may arise against WVI as a result of Site Owner’s failure to comply with the foregoing requirement.
Site Owner represents and warrants that it has in place and shall undertake the following in connection with the Agreement:
“Third Party Cookies”
CAN-SPAM Compliance Information Form (From ftc.gov)
- Do not use false or misleading header information
- Must be accurate and identify the person or business who initiated the message
- Do not use deceptive subject lines
- The subject line must accurately reflect the content of the message
- Identify the message as an advertisement
- You must disclose in the body of the email or in the subject line that this is an advertisement
- Tell recipients where you are located
- All messages must include a physical address to represent the business
- Tell recipients how to opt-out of receiving future emails from you
- Messages must include a clear and conspicuous explanation of how to opt-out of getting emails from you in the future. Give a return email address or an easy internet-based link to opt-out of future emails.
- Honor opt-out requests promptly
- You must honor a request to opt-out within 10 business days of the request. You may not charge a fee or require any personal information from the client to opt-out.
- Monitor what others are doing on your behalf
- If you hire a 3rd party to handle your marketing it is your responsibility to ensure that they send a message with all of the proper information.
The Site or any related Services may not be used to send emails in violation of the laws of the United States of America, including those described below.
- The Site or any related Services may not be used to send commercial email messages, as that term is defined by 15 U.S. Code § 7702, that would reasonably be prohibited by 15 U.S. Code § 7704. (Elements of the “CAN SPAM” Act.) This includes emails directed to persons who have elected to opt out of the receipt of such emails, even if in the past they were eligible to receive such emails.
- The Site or any related Services may not be used to send emails to persons not reasonably believed to be at least 18 years old.
- The Site or any related Services may not be used to send emails containing pornography, erotica, or similar adult-oriented materials.
Requirements of Use
If a Site Owner sends email to contacts acquired via the Site, such email must contain information regarding, and a link to, an unsubscribe option by which the recipient can indicate that they no longer wish to receive such emails (“Opt Out Request”). Site Owner must have a reliable procedure in place to process and implement Opt Out Requests promptly.
- Site Owner must comply with all applicable law and regulation, including the CAN-SPAM Act (15 U.S.C. § 7701 et seq,) COPPA (15 U.S.C. § 6501 et seq,) and all other applicable Federal and State laws.
Site Owner is responsible for all personal information (information about an individual) that Site Owner uses to create or transmit the emails, including any provided to us to allow their creation and/or transmission. By using the Services, Site Owner represents and warrants that the collection, retention, and use of such personal information is in compliance with all applicable laws and regulations.
Emails, Content, Reviews, Feedback, and other Postings to the Site
WVI does not regularly review posted User Content but does reserve the right (but not the obligation) to monitor and edit or remove any User Content submitted to the Site. You grant WVI the right to use the name that you submit in connection with any User Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. You are and will remain solely responsible for the content of any User Content you make. WVI and its affiliates take no responsibility and assume no liability for any User Content submitted by you or any Third-Party.
You agree to defend, indemnify and hold WVI harmless from and against all Third-Party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by WVI arising out of any User Content you post or allow to be posted to the Site.
You agree to receive electronically all communications, documents, notices, and disclosures (collectively, “Communications”) that WVI provides (by email, posting on the Site, or otherwise) in connection with the Site and Services. It is your responsibility to keep your primary email address up to date so that WVI can communicate with you electronically, and to periodically check the Site for updates and notifications. You agree that agreements between you and WVI may be entered into electronically and signed electronically in accordance with applicable laws.
Site Access, Security and Restrictions, Passwords
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. WVI will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
Accuracy and Integrity of Information
Although WVI attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site and Content on it. It is possible that the Site could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform WVI so that it can be corrected. WVI reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, WVI has no responsibility or liability for information or Content posted to the Site from any non-WVI affiliated third party.
Links to Other Sites
WVI makes no representations whatsoever about Third-Party Sites or any website that you may access through this Site. When you access a non-WVI website, please understand that it is independent from WVI, and that WVI has no control over the content on that website. In addition, a link to a non-WVI website does not mean that WVI endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, malware, and other items of a destructive nature. If you decide to access any of the Third-Party websites linked to this Site, you do this entirely at your own risk.
Disclaimer of Warranties
WVI does not warrant that access to or use of the Site (including the Services) will be uninterrupted or error-free or that defects in the Site will be corrected. This Site, including any content or information contained within it or any site-related service, is provided “as is,” with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement. WVI does not warrant the accuracy, completeness or timeliness of the information obtained through the Site (including the Services).
You assume total responsibility and risk for your use of this Site, site-related services, and linked websites. WVI does not warrant that files available for download will be free of viruses, worms, trojan horses, malware, or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data back up and security.
Limitation of Liability Regarding Use of Site
WVI and its suppliers and licensors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the Site, site-related services, content or information contained within the Site, and/or any linked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site, site-related services, and/or linked websites is to stop using the Site and/or those services. To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum aggregate liability of WVI to you with respect to your use of this site is $500.
Fees, Refunds, Account Suspensions, Cancellations
You agree to the following. WVI reserves the right to change fees at any time by posting the updated fee structure to our Website and/or sending you a notification via email.
- Should a use violate any terms of this agreement, we reserve the right to cancel accounts or restrict access to accounts without refund.
- If we are unable to process your payment, we will attempt to contact you via electronic mail and will suspend account usage until payment can be processed.
- For prepaid, pay-as-you-go accounts, credits roll over and do not expire. If you do not log in to your account at least once in a 12-month period, however, your account (and all contents) may be deleted permanently from our system.
- We do not provide refunds to any account that is suspended or terminated for compliance reasons.
- If an account is not self-cancelled via the WVI interface, account cancellation requests MUST be sent to email@example.com to be processed. Voice mails are NOT valid account cancellation requests. If you do not submit your cancellation request to us in writing, we are not obligated to provide a refund to you for prior unused time.
- Certain plans involve monthly payments; these charges persist regardless of whether your subscription is on or off or if you are actively collecting contacts.
- Monthly plans include overage fees. If you opt to enable overages, you will periodically be billed for those overages once you reach a specific dollar amount in overages, not to exceed one overage charge per day
- To stop monthly payments, an account MUST be canceled via the WVI interface
- All refunds are at our sole discretion
- If a request for refund is made, our billing team will review each request on a case-by-case basis, within 30 days.
- Refunds are not provided for non-use. That means if you pay for WVI, but do not log in, turn off your script, or do not collect contacts for any period of time, you are not guaranteed a refund.
WVI identifies and delivers contact records for visitors to your website using a code snippet.
- Data accuracy is not 100% and a bounce rate of up to 2% may occur, given the nature of the way data refreshes over time. A minority of the data may contain errors.
- We may consider, at our own discretion, account credit for bounce rates over the 2% threshold. In these cases, the customer must provide evidence of the email addresses sent to, overall bounce rate, and the bounce code returned by the server.
Suppression lists loaded as a CSV file are converted into encoded MD5s for security reasons. We do not use, share, or resell this data for any purpose other than to prevent users from collecting and paying for contacts they already have.