AutoresponseMagic.com Terms of ServiceThese Terms of Service constitute a legally binding agreement between you (herein referred to as the 'Client' wether you're using paid of free service) and MICMegaComm.com (herein referred to as 'AutoresponseMagic.com' and 'GateResponse.com'), owned and operated by M.I.C MegaComm, Montreal, Quebec, Canada for the use of an autoresponder account (herein referred to as the 'Service'). Subscribing to the Service or signing up for the free version of the Service constitutes your acceptation of the terms and conditions of this Agreement. If you do not agree to all of the terms and conditions of this Agreement, do not subscribe to the Service nor sign up for the free version of the Service. This Service consists of an account enabled to create multiple autoresponder accounts (addresses) assigned to an e-mail address (your real e-mail address, not a free service email address) at AutoresponseMagic.com. You are solely responsible for all service activities while using the AutoresponseMagic.com system. The usage of any or all information obtained from AutoresponseMagic.com (including but not limited to our web site is at your own risk. The Client shall not use the services of AutoresponseMagic.com and GateResponse.com for any activity which is either unethical or illegal. This shall include the storage and transmission of any material for any illegal purpose or which is in any way connected with an illegal activity. No material may be transmitted which violates the rights of another party including, but not limited to, the right to copyright, the right to confidentiality and the right to privacy. The Client shall not transmit any material which carries either explicitly or by implication, any threat, libel, racism or otherwise obscene content. The Client will not transmit any material of a sexually explicit nature (if there is any doubt about whether or not material might fall under the category of 'sexually explicit' the Client shall consult AutoresponseMagic.com before transmitting such material). The Client shall not transmit any material which is deemed illegal by any local, national or international law or treaty. The Client may not use this Service, either directly or indirectly, for the purposes of spamming. Spamming is defined as the practice of sending out one or more commercial or noncommercial unsolicited email. That is to say, the sending of email messages to any addressee who has not indicated their willingness to receive such email. Spamming, or the sending of unsolicited email, using an email address or URL that is maintained on a AutoresponseMagic.com/GateResponse.com machine, or directing traffic to a web page that contains any reference to AutoresponseMagic.com/GateResponse.com is STRICTLY prohibited. AutoresponseMagic.com will be the sole arbiter as to what constitutes a violation of this provision. The Client may not use the Service to promote any product, software or service which in itself is designed to promote, or otherwise aid or encourage, the practice of spamming. In the event of a complaint being received that a Client is spamming, AutoresponseMagic.com reserves the right to immediately suspend Service to the Client. AutoresponseMagic.com will then undertake to investigate the complaint and shall be the sole arbiter in reaching a decision as to the justification for that complaint. If AutoresponseMagic.com adjudges that spamming has taken place, the Client account will be terminated immediately and, in the case of a paid account, the Client shall have no right to any reimbursement of fees paid. In addition, should AutoresponseMagic.com suffer any loss or damage, either directly or indirectly, as a result of a Client spamming, the Client shall be liable for the payment of all loses and damages. You cannot, without exception, import any subscriber list you acquired from a third party. This includes "opt-in" or "business opportunity seekers" or "leads" lists you purchase. Unless you have a pre-writen special permission from AutoresponseMagic.com IF YOU (THE CLIENT) DO NOT RECEIVE EXPLICIT PERMISSION FROM EVERYONE ON YOUR LIST TO SEND THEM E-MAIL, THEN YOU ARE IN VIOLATION OF THIS POLICY!This action here above (policy violation) WILL RESULT in immediate termination of your account without refund. We will also forward all complaints to your email service provider, and to the webmaster and postmaster of any website you "spamvertize". AutoresponseMagic.com reserves the right to charge up to $500.00 per spam complaint to cover our administrative and email clean up fees. Any service interruptions as a result of subscribers spamming will be billed to the subscriber at $150.00 per hour until service is restored. At this point Client is in violation of the AutoresponseMagic.com "User Agreement" and "Terms of Service" and subject to legal action. Clearly, you may not cause any e-mails to be sent to anyone, using our server or referencing the AutoresponseMagic.com/GateResponse.com domain, unless they ask for it specifically, using our "double opt-in" integrated system! Our system also automatically collects IP adresses of subscribers, so the risk of being accused of spamming is reduced to minimum when our system is used properly. Also, all emails sent through our system will automatically include a link for subscribers to UNSUBSCRIBE at the end of each messges. YOU (THE CLIENT) MAY NOT USE YOUR AUTORESPONDER ADDRESSES AS YOUR "RETURN" ADDRESS IN ANY EMAIL COMMUNICATION! In other words, you may not create a scenario in which AutoresponseMagic.com/GateResponse.com handles "replies" and/or undeliverable messages. It must not be used as a "reply address", "from address", or "return address". Your AutoresponseMagic.com/GateResponse.com addresses must be only REFERENCED in the body of your materials. YOU (THE CLIENT) MAY NOT USE YOUR AUTORESPONDER ADDRESSES AS YOUR "RETURN" ADDRESS NOR IN THE BODY OF ANY EMAIL COMMUNICATION SENT TO/THROUGH "SAFELISTS" SYSTEMS! In other words, you may not create a scenario in which AutoresponseMagic.com/GateResponse.com handles "replies" and/or undeliverable messages when sending to/through "SAFELISTS" systems. It must not be used as a "reply address", "from address", or "return address". Your AutoresponseMagic.com/GateResponse.com addresses must NOT EVEN be REFERENCED in the body of your materials sent to/through "SAFELISTS" programs and systems. The body of your material sent to/through "SAFELISTS" may reference to a web page of yours, where there's a AutoresponseMagic.com/GateResponse.com form that collects name and email addresses for you through our "double opt-in" system. YOU (THE CLIENT) MAY ONLY REFERENCE YOUR AUTORESPONDER ADDRESSES IN THE BODY OF YOUR AD WHEN USING AUTOMATED SUBMISSION TOOLS. In other words, you may not use your AutoresponseMagic.com/GateResponse.com addresses as your "real e-mail address" when submitting ads via FFA Blasters, link submitters, ad submitters, etc. This is very important! When you use an automatic submission program, the sites that post your submission will generally send back a confirmation notice to your "real e-mail address". You shall not create a scenario in which AutoresponseMagic.com/GateResponse.com "replies back" to these confirmations. You must use your "real e-mail address" to receive confirmations. If you break this rule, you will generate a tremendous amount of useless bandwidth waste that might slow down the whole system and you will be banned from this system forever, and will be charged for damages. Furthermore, this action may cause never-ending loops, which can damage other services used in the submission process. YOU (THE CLIENT) MAY NOT USE YOUR AUTORESPONDER AS A "REMOVE" ADDRESS UNDER ANY CIRCUMSTANCE! In other words, if you maintain e-mail lists, you may not reference your AutoresponseMagic.com/GateResponse.com address as an "unsubscribe" address. YOU (THE CLIENT) MAY NOT redistribute or resell AutoresponseMagic.com/GateResponse.com auto-responders for personal gain. (THE CLIENT) BEING AWARE THAT YOUR LICENSE TO USE THIS SERVICE STRICTLY PROHIBITS CERTAIN ACTIVITIES, IF YOU (THE CLIENT) BLATANTLY VIOLATE ANY OF THE ABOVE RULES, YOU (THE CLIENT) MAY BE SUED AND CHARGES MAY BE FILED AGAINST YOU FOR DAMAGES. The Client agrees to indemnify AutoresponseMagic.com from any claim or demand, including legal fees, made by a third party and due to or arising out of the Client's use of AutoresponseMagic.com's services, the violation of these terms and conditions by the Client, or the infringement by the Client of any intellectual property or other rights of any individual or organization or which result from any threatening, libelous, racist, or otherwise obscene or offensive material contained in any client mailing through AutoresponseMagic.com. The Client shall fully compensate AutoresponseMagic.com (including all costs and damages) should AutoresponseMagic.com suffers any financial loss arising out of the Client's misuse of AutoresponseMagic.com's service. Payment for AutoresponseMagic.com's Services, in the case of all paid accounts, shall be made in advance at a rate and in a manner prescribed at the time of sign-up and as detailed on our web site at that date. The term 'monthly' shall, for the purposes of these Terms of Service, be deemed to constitute a 30 day period starting from the date on which initial payment is made. AutoresponseMagic.com reserves the right to alter its rates, and its terms of payment, at any time but shall not do so without giving its existing Clients at least one month's notice of such changes in writing (by email). AutoresponseMagic.com reserves the right to modify its service or change its terms and conditions of this agreement. Any such modification or changes shall be published on its web site and all existing Clients will be notified of such changes in writing (by email). The continuation of service by a Client after such notification has been received will be deemed an acceptance of the new agreement by the Client. AutoresponseMagic.com Services may be terminated with immediate effect by either party to this agreement at any time upon written notice to the other party. AutoresponseMagic.com shall not be liable for any third party termination of the service. The Client agrees that AutoresponseMagic.com has the right to delete all data, files and other information stored on behalf of the Client from AutoresponseMagic.com's server once the Client's account has been terminated, regardless of the reason for such termination. AutoresponseMagic.com reserves the right to suspend Service to the Client at any time and for any reason, without notice, should AutoresponseMagic.com deem such suspension of Service necessary. AutoresponseMagic.com makes no warranties of any kind, whether expressed or implied, for the Service it is providing. AutoresponseMagic.com shall disclaim any warranty of merchantability or fitness for a particular purpose. AutoresponseMagic.com will not be liable for any damage suffered. This includes, but is not limited to, the loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by negligence on behalf of AutoresponseMagic.com, or its employees, or the Client's errors or omissions. LIMITED LIABILITY. ANY LIABILITY OF MICMEGACOMM.COM, AUTORESPONSEMAGIC.COM OR GATERESPONSE.COM, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE CLIENT TO AUTORESPONSEMAGIC.COM FOR THE CURRENT MONTH. Should any provision of this agreement be held to be illegal, invalid or unenforceable by a court of law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected unless otherwise stated. This agreement shall be governed by the laws of the Province of Quebec, Canada. In requesting the Service, the Client is, by implication, accepting these Terms of Service.
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