Terms of Service
Email Automatic Responder Terms of Service:
By taking out an account with us you are automatically bound by our terms of service as follows:
You become your own 'Autoresponder Owner' (herein referred to as 'Owner'). The owner agrees to
waive liabilty of Email Automatic Responder from any claims resulting
from misuse of the service. Owner agrees to defend, indemnify and
hold harmless Email Automatic Responder and its affiliated companies,
from all liabilities, claims and expenses, including attorneys'
fees, arising from breach of this Terms of Service. Email Automatic Responder
services may only be used for lawful purposes.
Owners must adhere to the strict 'no spam' policy at Email Automatic Responder. Spam, also called unsolicited commercial
email (UCE), will result in immediate cancellation of Owner account.
Fees paid towards owner account will not be refunded, and Owner
agrees to pay $40 per hour until service is restored, for any
service interuptions that result from owners abuse of our service.
Email Automatic Responder reserves the right to delete a list from an account
that is receiving spam complaints in order to prevent further
email from being sent.
Owner must ONLY use the autoreply email address in the body
of an email, or on your website, in reference to receiving more information.
You must never use your Email Automatic Responder email address as a means
for anyone to send you personal email messages.
You
must never use your Email Automatic Responder
address as the "reply to", "from", or "return"
address in any correspondence. The only acceptable use is to reference your
Email Automatic Responder address within the "body" of your email, not as the *From* email
address.
You must
never use your
Email Automatic Responder address
as your email address when submitting any material to search engines,
link submitters, FFA sites, banner exchanges etc. You must never send
unsolicited email to anybody that includes a reference to Email-Automatic-Responder.Com or any of our other corporate domains.
Owners must adhere to the
CAN-SPAM
(Bill S. 877 - took effect on January 1, 2004)
regulations regarding not sending email with descriptive subject lines.
Owner must use their name or business name in the From: field, and not a
sales pitch or marketing message. Owners must also put their valid
physical postal address within all email messages sent by the Email Automatic
Responder service. Email Automatic Responder will ensure that message headers
are valid and accurate and that a functional remove link is placed
in all emails sent.
Owners must use their Email Automatic Responder account as an autoresponder
service. Uses that are not allowed and subject to suspension of
services are, but not limited to: email forwarding, vacation or temporary
leave of absence notifications, mail list server uses (importing emails to
send only one message), generating a new list with our service
from those who request removal from a list you own, or relaying illegal content to third parties.
Email Automatic Responder has sole discretion over determining if a violation
has occured in regards to this paragraph.
Payment for services at Email Automatic Responder must
be made in US Dollars. Charges for services at Email Automatic Responder are
processed by PayPal (
www.paypal.com)
It is the Owners responsibility to make certain the billing information for each monthly billed account
is keep current. If billing data is not keep current, owners
account will be deleted after 30 days of non-payment. Owner agrees
that Email Automatic Responder has the right to delete owner account, and all
data associated with Owner account, if payment is not received 30
days after it is due.
If payment is by Pay Pal, Owner acknowledges
that cancellation of their subscription at Pay Pal will result in
automatic freezing of their account. An active subscription is required
for the account to be active.
If payment is by credit card, the Owner authorizes
Email Automatic Responder to charge the credit card listed on the purchase form
for those charges for Email Automatic Responder services that may accrue
from month to month, or for any past-due balances, in order to
bring the account to current status. Credit card payments will be
billed and charged automatically, and Email Automatic Responder may charge
the amount due to the provided card at any time. Owner agrees that
Email Automatic Responder is not responsible for over-draft charges
that may occur when processing charges against your account. It is the
owners responsibility to make certain funds are available to cover the
monthly recurring charges.
Refunds will not be issued for monthly
recurring payments. It is the Owners responsibility to cancel
their account
3 days before monthly billing occurs to avoid additional
charges. All cancellation requests MUST be made via email.
If you paid for your account
via Pay Pal and wish to cancel the account, simply login to your
Pay Pal account and cancel the subscription to Email Automatic Responder.
Accounts that are cancelled due to Service Terms of Service
violation do not qualify for a refund.
Owner agrees that Email Automatic Responder shall have the right to FREEZE service
of Owner account at any time. Email Automatic Responder 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.
Email Automatic Responder reserves the right to suspend functionality of
our autoresponder 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.
Owner understands that a valid email address is required by
Email Automatic Responder for this service. Email Automatic Responder will NOT
give your email address to any 3rd party. Any correspondence sent
to you comes directly from Email Automatic Responder.
Email Automatic Responder exercises no editorial control over the content
of messages sent from Owner account. Owners are prohibited from using
Email Automatic Responder's autoresponder system to send any material that
is, unlawful, libelous, or hateful. Owners are prohibited from sending
copyrighted materials (content, images, concepts) in emails sent
from our system, unless the copyright is the property of the Owner.
Email Automatic Responder has sole discretion over determining if a violation
has occured in regards to this paragraph.
Email Automatic Responder makes no warranties of any kind for the service it
provides, whether expressed or implied. Email Automatic Responder will not
be held liable for any damages suffered to owner, including, but is not
limited to: loss of data resulting from delays, nondeliveries of email,
misdeliveries of email, or service outages caused by Email Automatic Responder's
negligence. Email Automatic Responder will not be held liable for any damages
suffered to owner by use of the Email Automatic Responder autoresponder system.
FREE Accounts will be removed on the 45 day of inactivity. Stated
differently, if a FREE account has no activity for 45 days, ie. no
subscriptions to the list, then the account will be deleted.
Email Automatic Responder reserves the right to send periodic promotional
offers (via email) to FREE account owners. We will never send promotional
emails to any PRO account owners, however, often a PRO account owner has
several free accounts which 'are' subject to receiving these offers.
EMAIL AUTOMATIC RESPONDER 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. EMAIL AUTOMATIC RESPONDER
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 EMAIL AUTOMATIC RESPONDER FROM ANY CLAIMS RESULTING FROM YOUR
USE OF SERVICE. YOU EXPRESSLY AGREE THAT USE OF SERVICE IS AT YOUR SOLE
RISK. NEITHER EMAIL AUTOMATIC RESPONDER 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.
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.
This service agreement is governed by international laws and federal laws of the United States of America.
Multiple account autoresponders are for single users only. If Email Automatic Responder
determines multiple users are accessing a single multiple account autoresponder,
or if the unlimited account is being used to provide autoresponder services to your
clients or members of your organization, said account will be frozen and potentially
deleted. Email Automatic Responder has sole discretion over determining if a violation
has occured in regards to this paragraph.
These Terms and Conditions supersede all previous written, verbal or
implied provisions. Use of Email Automatic Responder services constitutes
acceptance of these Terms and Conditions. Email Automatic Responder reserves
the right to make changes and ammendments to these terms and conditions
at any time.
Email Automatic Responder agrees to notify account owners of any
changes or ammendments by email OR by posting changes on this page.
Thank you
Email-Automatic-Responder.com
EMAIL AUTOMATIC RESPONDER
