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We have the right to cancel any
account without notice for violation of the User Agreement.
If your account is canceled, your
license to use this service and/or name is revoked
permanently.
TERMS OF SERVICE
1. You agree NOT to use our services to distribute the following content:
Adult content
Content promoting hate or violence
Content that infringes on the trademark, copyright, or patent rights of
others
Content that is otherwise illegal, unethical, or fraudulent
2. You agree NOT to use our services to deliver unsolicited email or spam,
not to use your assigned account email address as a return address in free
for all links sites, and to use your account only for the delivery of
requested information or publications to parties specifically requesting
your information or publications.
YOU can NOT use to your autoresponder email address (for
example, you@domain.com) as a return address when posting to FFA link
page sites, using auto submission software, or classified ad submissions.
You agree that we can IMMEDIATELY DELETE your account, AND
that you may be liable for monetary damages.
YOUR AUTORESPONDER ACCOUNTS ARE FOR YOUR
PERSONAL OR BUSINESS USE AND MAY NOT BE RESOLD OR REDISTRIBUTED TO THIRD
PARTIES FOR THEIR PERSONAL OR BUSINESS USE.
3. You agree to make weekly backup copies of any information stored on our
site including your email lists and messages. You agree that you are solely
responsible for keeping accurate copies of your information in your
possession and hold harmless for any loss of data from the
database.
4. You agree to manually process any unsubscribe requests delivered to you
through means other than the email and web forms assigned to you. You agree
that if you create an autoresponder account and the email you list as the
"contact" email address for that autoresponder bounces emails because it is
full, non-existent, or undeliverable, we may delete that account. You MUST
list an address that is valid so that we can contact you from time to time
as needed.
5. You agree to receive periodic information and publications from our
operators of , which may include advertisements. Your name
and email address will never be shared with any third party, unless required
by law, or in an attempt to uncover abuse of our service, but never for
marketing purposes.
6. Your email list is your email list and we will never send our own or
third party emails to your list.
7. The number of subscribers to your
autoresponder may be limited based upon your account limit. If you find that
the number allowed is insufficient for your needs, please contact
us.
8. We reserve the right to modify these Terms and Conditions.
9. If you engage in spam, or otherwise transmit messages to any party not
specifically requesting to be contacted by you, in connection with our
services in any way we will terminate your account immediately, and you will
be liable for any and all damages and/or losses that may result. This means
that under no circumstance will you use "harvested" email lists, or "opt in"
lists purchased from third parties. We do not allow email imports.
The burden of proving that one of your contacts requested further email from
you is yours alone. You must be able to produce proof of affirmative action
by the persons you contact to be on your contact list, or you must NOT
contact that person using our service.
10. We may discontinue access to our services to any or all users at our
sole discretion at any time, without notice, without responsibility for any
loss or inconvenience caused by such action.
11. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF OUR SERVICES IS AT
YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE
MAKE NO WARRANTY THAT
(i) OUR SERVICES WILL MEET YOUR REQUIREMENTS,
(ii) OUR
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE
OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET
YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN
12. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY
TO USE OUR SERVICES;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR
SERVICES; OR
(v) ANY OTHER MATTER RELATING TO OUR SERVICES.
13. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11 AND 12
MAY NOT APPLY TO YOU.
14. You agree to indemnify and hold us, and our subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of messages you transmit through our
services, your use of our services, your connection to our services, your
violation of these Terms and Conditions, or your violation of any rights of
another. |
