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ResponsePilot.com has the right to cancel
any account without notice for violation of the User Agreement.
If your account is canceled, your
license to use the ResponsePilot.com 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 ResponsePilot.com autoresponder email address (for
example, you@ResponsePilot.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
ResponsePilot.com 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 ResponsePilot.com harmless for any loss of data
from the ResponsePilot.com 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 the
operators of ResponsePilot.com, 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 type. If you find that the
number allowed is insufficient for your needs, please contact
support@responsepilot.com
The number of subscribers you can
import may be limited based upon your account type. If you find that
the number allowed is insufficient for your needs, please contact
support@responsepilot.com
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.
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 ResponsePilot.com.
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.
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