Terms of Use - User Agreement

USER AGREEMENT: (last amended - September, 2008)

DirectMailTools™ is a Trademark of Hammer Direct, LLC.

Use of this web site is governed by laws in the State of Minnesota and is operated by DirectMailTools™ which is located at 1499 W River Rd N - Minneapolis, MN 55411.

ACCEPTANCE OF TERMS : DirectMailTools™ reserves the right to change or amend these TERMS OF SERVICE, USER AGREEMENT and PRIVACY POLICY at any time without prior notice. By activating a User Account you signify your agreement to these following terms.

REGISTERED USERS LIMITS OF USE : The postcard printing and mailing services offered on this web site are available only to individuals age eighteen (18) or over who are residents of the United States. We may refuse any or all of our services to anyone at any time, in our sole discretion.

USER RESPONSIBILITIES AND CAUTIONS : You are solely and fully responsible for any files uploaded to a DirectMailTools™ web site, including but not limited to digital graphics, photos and written material. We do not regularly review the contents of materials created or posted by our users or other visitors to this site. We strongly recommend against posting or otherwise distributing any of the following types of content; to do so could be in violation of copyright laws, and could cause you to be involved in litigation, for which DirectMailTools™ and it's affiliates would in no way be responsible:

  • Material of a lewd, lecherous, or obscene nature and intent, or that violates local, state, or Federal laws.
  • Any material that violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyright or trademark rights; a good rule of thumb: if you don't own the copyright or have express authorization and documented permission to use it, don't use it.
  • Any material that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable; this includes the posting of other people's private information.
  • Content that promotes, encourages, or provides instructional information about illegal activities.
  • Digital photos, graphics, clip art and the like displayed on this web site are licensed or owned by either DirectMailTools™. Photospin, Inc., Nova Development, Inc., and/or other third-party sources. You are only permitted use of the Content while using this web site for the sole purpose of guiding DirectMailTools™ in producing a final printed "postcard" which is the DirectMailTools™'s work product you are purchasing. In addition to meeting these conditions you are specifically not permitted to:

(1) Redistribute the Content as stock photography, illustrations, clip art, web art, sounds, video, or fonts, by any electronic or printed means without explicit written permission from DirectMailTools™ or its affiliates.

(2) Download the content to your computer, except through the normal process of using the web site software and proofing your final order.

(3) Create obscene or scandalous works, as defined by the Federal Government at the time the work is created, using the Content or any modification of the Content.

DirectMailTools™ reserves the right to monitor and to investigate any complaints regarding the use of any DirectMailTools™'s files, and to take appropriate action to the fullest extent of the law if DirectMailTools™ finds violations of these Terms of Service.

INDEMNITY : You will indemnify and hold DirectMailTools™ and its subsidiaries, affiliates, officers, shareholders, employees, agents, printers, contractors, vendors, co-branders, suppliers, internet service providers, and partners harmless from any loss, cost, claim, demand or other harm of any kind, including reasonable attorneys fees, due to or arising out of Your Information, Your Content, or Your Use of this web site and service, or the use of this web site or service by any person who uses this web site while logged in using your user name and password.

LIABILITY : DirectMailTools™ liability to you for any matter arising under or relating to your use of the Site, The Content, or the Service is limited to the total amount you paid to DirectMailTools™ with respect to the particular Services giving rise to the claim.

TERMINATION : DirectMailTools™ reserves the right to: (1) terminate your access to its web sites or your use of any feature of its web sites, (2) remove and discard any of Your Information and your Content stored on any of our web sites, or (3) refuse to mail any postcard and (4) terminate this web site, or any feature on the web site.