Superesponder Service Agreement
This agreement states terms and conditions under which emailmarketingautoresponders authorizes you to use the web site www.emailmarketingautoresponders.com. Please read this page carefully. If you do not accept this Agreement, do not use this Web site. The information contained at our website emailmarketingautoresponders.com and/or any advice or comments made by any employee or agent of Superesponder is intended only to educate and assist clients, visitors and the like. All information is provided free and is not meant to substitute for professional counsel applicable to specific situations, for which it may be inadequate. Superesponder and its employees and agents can not and will not provide legal counsel. In some instances, it may be wise to seek advice from competent legal counsel or other professional services or entities. Superesponder may revise this Agreement at any time by updating this posting. You agree to review this Agreement periodically so that you are aware of any such modifications, at which time you may either agree to such changes or discontinue the further use of this Web site. Your continued use of this Web site after emailmarketingautoresponders.com posts such changes will constitute your agreement to the amended Agreement. See our Email Policy Here.
Entire Agreement. The Agreement contains the full agreement between the Parties and supersedes all other prior or contemporaneous communications between the Parties (whether written or oral) regarding its subject matter. No modifications, amendments or supplements to this Agreement shall be binding upon the Parties unless made in writing and executed by both Parties
1. The Superesponder account owner (herein referred to as 'Owner') agrees to waive liability of emailmarketingautoresponders.com from any claims resulting from misuse of the service. Owner agrees to defend, indemnify and hold harmless emailmarketingautoresponders.com and its affiliated companies, from all liabilities, claims and expenses, including attorneys' fees, arising from breach of this Agreement. Superesponder services may only be used for lawful purposes.
2. Owner shall be liable and responsible for any and all activities conducted through its account by Owner or, if applicable, by Owner's users, whether or not such activities have been authorized by Customer.
3. Owner acknowledges, and shall also notify its users, that Superesponder is not responsible for and does not give any assurance to any person with respect to the validity, value, usefulness or accuracy of Content. Owner and any person using Owner's account shall bear any risk associated with the Content. Superesponder has the right to monitor the use of the Email Marketing System, including the Content that may be transmitted across it from time to time. However, Superesponder does not prescreen or attempt to censor or review any Content prior to its appearance on the Email Marketing System. Superesponder has the right (but not the obligation) to require Customer to remove, prohibit or discontinue any Content on the Email Marketing System which Superesponder, in its sole discretion, determines to be harmful, offensive or otherwise in violation of the Rules or this Agreement.
4. International Usage. Customer acknowledges that its use of the Superesponder Email Marketing System allows access to Content originating from other customers, ICP's and third parties located in countries other than the United States. Customer agrees that its access to and use of such Content may be governed (in addition to this Agreement and the Rules) by separate terms and operating policies which conform to appropriate and applicable national laws and customs.
5. Payment for services at Superesponder must be made in US Dollars. Charges for services at Superesponder are processed electronically. It is the Owner's responsibility to make certain the billing information for each bulk email account is keep current. Owner agrees that Superesponder has the right to delete owner's account, and all data associated with Owner's account, if payment is not received after it is due. If max number of emails sent is exceeded a charge of $.001 per email over the plan order will be accessed to the Owner's account.
6. Owner agrees that Superesponder shall have the right to FREEZE service of Owner account at any time. Superesponder reserves the right to FREEZE Owners account(s) due to, but not limited to: non-payment, spam complaints, illegal activities, or non-compliance with this service agreement.
7. Superesponder reserves the right to suspend functionality of our service from an Owner account due to, but not limited to: misusing our service, for illegal or unethical practices, or non-compliance with this service agreement.
8. emailmarketingautoresponders.com exercises no editorial control over the content of messages sent from Owner account. Owners are prohibited from using emailmarketingautoresponders.com's autoresponder system to send any material that is, unlawful, libelous, or hateful. emailmarketingautoresponders.com has sole discretion over determining if a violation has occurred in regards to this paragraph.
9. emailmarketingautoresponders.com makes no warranties of any kind for the service it provides, whether expressed or implied. emailmarketingautoresponders.com will not be held liable for any damages suffered to owner, including, but is not limited to: loss of data resulting from delays, non deliveries of email, misdeliveries of email, or service outages that are out of emailmarketingautoresponders.com's control. emailmarketingautoresponders.com will not be held liable for any damages suffered to owner by use of the Superesponder system.
10. emailmarketingautoresponders.com DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR FREE OR UNINTERRUPTED. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PURPOSE. emailmarketingautoresponders.com WILL NOT BE RESPONSIBLE FOR ANY LOSSES, DAMAGES OR COSTS THAT YOU AND/OR YOUR BUSINESS MAY SUFFER WHEN USING THE SERVICE. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS emailmarketingautoresponders.com FROM ANY CLAIMS RESULTING FROM YOUR USE OF SERVICE. YOU EXPRESSLY AGREE THAT USE OF SERVICE IS AT YOUR SOLE RISK. NEITHER emailmarketingautoresponders.com NOR ITS SERVICE PROVIDERS, AGENTS, LICENSORS, EMPLOYEES SHALL HAVE ANY LIABILITY FOR ANY DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE USE OR MISUSE OF THE SERVICE.
11. Should any paragraph of this agreement be considered illegal, invalid, or unenforceable by a court of law, the legality, validity and enforceability of the remaining paragraphs of this agreement shall remain unaffected thereby unless otherwise stated.
12. Other Unacceptable Uses:
Additionally, you may not use the Superesponder System to:
(A) Send email with an invalid "From:" address. All messages sent from the Superesponder System must contain valid email addresses and you must be responsive to all replies from anyone on your list, including unsubscribe requests. You may not refuse or ignore unsubscribe requests from anyone on your list.
(B) Harass, threaten, embarrass or cause distress, unwanted attention or discomfort to a person or entity.
(C) Post or transmit sexually explicit images or other content that is deemed by Superesponder to be offensive.
(D) Transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party, as determined by Superesponder.
(E) Impersonate any person, including but not limited to, an official of Superesponder or an information provider, or communicate under a false name or a name that you are not entitled or authorized to use.
(F) Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law.
13. AGREEMENT, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, the aggregate liability for emailmarketingautoresponders.com and its Content suppliers to you for all claims arising from the use of the Content (including Software) is limited to $100.00 HEREUNDER AND DURING THE CONTRACT PERIOD OWNER'S SOLE AND EXCLUSIVE REMEDY IS SET FORTH IN THIS AGREEMENT REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
14. Disclosure of Data. emailmarketingautoresponders.com will only disclose your Data, the contents of your private communications, or the contact information of your recipients if required to do so by law, or as otherwise stated in this Statement, or in the good faith belief that such action is necessary to
(1) conform to the edicts of the law or comply with legal process served on emailmarketingautoresponders.com
(2) protect and defend the rights or property of emailmarketingautoresponders.com and others, including among other things to enforce our Terms of Service.
15. emailmarketingautoresponders.com's web site, or messages created with emailmarketingautoresponders.com Services, may contain links to other Web sites. emailmarketingautoresponders.com is not responsible for the privacy practices or the content of such Web sites. As described above, third parties may independently collect information from Owner’s data or other communications from third parties through emailmarketingautoresponders.com products or services. If Owner does not want those companies to collect information from Owner’s data, please contact them directly.