Terms of Service
Welcome to our marketing, autoresponse and list management service (the “Services”). We provide the Services to you on the following Terms and Conditions.
By clicking on the appropriate button to indicate your acceptance or by paying for the Services, you agree to use the Services consistent with these Terms and Conditions and with all applicable laws and regulations. We may modify these Terms and Conditions from time to time. If we do, we will notify you by posting the amended Terms and Conditions on the Services. Please read these Terms and Conditions carefully. We will not notify you before we terminate your mailbox for violation of these Terms and Conditions. If we terminate your mailbox, we may not reinstate it in our sole discretion.
A. RULES FOR USING THE SERVICES
1. YOUR RESPONSIBILITIES. You are solely responsible for the content of your messages. You are not permitted to transmit messages on the Services that (a) infringe on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy; (b) violate any law, statute, ordinance or regulation; (c) are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene; (d) contain viruses or other similar harmful or deleterious programming routines; or (e) contain links to any sites that include any of that kind of content. You are not permitted to harvest email addresses through the Services.
2. SPAMMING IS PROHIBITED. We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes sending any form of email that can be interpreted as junk email or bulk email that the recipient has not specifically requested from you. We reserve the right to take legal and technical remedies to prevent you from sending spam. If you send any spam we may penalize you by terminating your mailbox and through any other remedies we may have available to us.
3. RULES RELATING TO MINORS. If you are under the age of 18 you may not use the Services without the consent of a parent. If you are under the age of 13, you may not use the Services. If you are age 18 or older, you warrant to us that you are at least 18 years old, that all information that you submit to us is true and verifiable (including your credit card account information), and you agree to pay all fees, charges, taxes and assessments arising out of your use of the Services. We expect that there will be future developments in the area of children’s privacy, in particular in connection with the provision of Internet services to children. We are monitoring these changes and will modify the Services as necessary to comply with any new regulations.
B. PAYMENT TERMS
1. TERM. The Services are available to purchase on an annual or monthly basis beginning on the date that you accept these Terms and Conditions.
We will automatically renew your Services for additional terms (either annual, monthly or quarterly) and charge your credit card account for each successive term unless you cancel your subscription thru Paypal. Paypal is our payment and subscription processor who handles all of our online payment transactions. You may also contact us through our support link at this site if you have any questions.
2. PAYMENT. Upon placing an order for the Services, you must provide us with a valid Visa, MasterCard, American Express, Discover Card, or Diners Club number. You hereby authorize us to charge your credit card account in advance, for the full price of the Services for one term. You acknowledge and agree that we may, in our sole discretion, change the Fee Schedule at any time; provided that we will only apply any changes in the Fee Schedule to your future charges.
3. REFUNDS – OUR CANCELLATION. You will not be entitled to a refund in the event we cancel your mailbox Services for a violation by you of these Terms and Conditions.
4. REFUNDS – NON-USE. Notwithstanding anything to the contrary herein, in no event will you be entitled to a refund of any portion of the Services fees because you have not used the Services.
5. TERMINATION. We, in our sole discretion, may suspend or terminate the Services if you default in your payment. A payment “default” means that your credit card company denies the charge to your credit card account. We will provide you with notice of any payment default by email, when possible. You will have five (5) days to cure a payment default updating your credit card account information through our Customer Service Department by telephone at (941) 926-5033. (US domestic).
1. PRIVACY OF YOUR MAILBOX. We consider your registration data and the content of all of your messages to be private. Messages that you send will be received with your name and Internet Protocol (IP) address contained within the header of your message. We will not intentionally monitor or disclose any of your e-mail messages or registration data unless we believe in good faith that we are required to do so (i) to enforce these Terms and Conditions, (ii) by law, (iii) to defend us in any action, or (iv) to protect our property. Additionally, you agree to respect the privacy and confidentiality of others. Since privacy is a function of your password, we encourage you to change your password frequently and to not share it with anyone.
2. PRIVACY OF YOUR REGISTRATION DATA. You understand that we may disclose statistics about our aggregate registration information in connection with our marketing activities.
C. ABOUT YOUR ACCOUNT
1. ALLOWED USE. You acknowledge that only you are authorized to use your account. You agree not to resell the Services and you agree to be fully liable for the use of your account, including any unauthorized use of your account by a third party. You agree to notify us immediately if you become aware of any unauthorized use of your account.
2. CANCELLING YOUR MAILBOX. If your mailbox is cancelled for any reason, all e-mail, including any attachments will automatically be deleted and unrecoverable and we may, in our sole discretion, recycle your email address after your mailbox has been inactive for three (3) months.
D. OTHER PROVISIONS
1. PROPRIETARY RIGHTS. We may provide you with content such as text, software, music, sound, photographs, graphics, video or other material which may be protected by copyrights, trademarks, or other intellectual property rights and laws. You may use this material only as expressly authorized by us and you may not copy, transmit or create derivative works of such material without express authorization.
You acknowledge and agree that you may not upload, post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject you to personal liability or criminal prosecution.
If you believe that your copyrighted work or the copyrighted works of others have been infringed, please send a written notification of claimed infringement to our Postmaster with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the allegedly infringing material is located on the Services; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Postmaster can be reached at: Internet Publishing & Publicity – PO Box 721, Sarasota, FL 34230.
Upon our receipt of notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services. We will have no liability to any user of the Services for the removal of any such material.
2. INDEMNIFICATION. You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand or damage, including reasonable attorneys’ fees, caused by or arising out of claims made against us based upon the use of the Services.
4. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAY CHANGE THE FEATURES OR FUNCTIONALITY OF THE SERVICES AT ANY TIME, IN OUR SOLE DISCRETION. 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 THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
5. LIMITATION OF LIABILITY. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Some States do not allow the limitation of liability so the foregoing may not apply to you.
YOU ALSO AGREE THAT YOUR SOLE REMEDY UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT IS CANCELLATION OF YOUR ACCOUNT.
6. MISCELLANEOUS. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Florida without giving effect to principles of conflict of laws. You agree to submit to the exclusive jurisdiction of the courts located in the county of Manatee in the State of Florida. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to your breach does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between you and us. These Terms and Conditions and all documents relating hereto have been drafted and will be interpreted in English.