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Autoresponder Services
Because the penalties for sending unsolicited
e-mail ("SPAM") messages are potentially immense and damaging,
ServantHost has developed the following "Terms and Conditions of
Service" to protect its Clients from unnecessary disruptions of service.
In a nutshell: Do not use this Service to send or promote anything that could
possibly be considered illegal. Do not promote your VitalResponse Autoresponder
address via any technique which could possibly generate complaints. Do not cause
a scenario in which this Service is used to e-mail to anyone who does not expect
a response from your Autoresponder.
Terms and
Conditions of Service
By using the "ServantHost.com LLC
VitalResponse Autoresponder Service" ("Service"), you
("Client") are agreeing to the following. If Client is dissatisfied
with the Service, or with any terms, conditions, rules, policies, guidelines or
practices of the Service, Client's sole and exclusive remedy is to discontinue
using the Service.
The Service provided by ServantHost.com LLC includes, but may not be limited to,
an autoresponder account assigned to an e-mail address selected by the Client.
Client has access to a web interface known as the "Client Menu" which
will allow them to modify account settings and other information.
Client is solely responsible for all service activities while utilizing the
Service. The usage of all information obtained from the Service, including but
not limited to its web site, is at Client's own risk.
Client agrees to make weekly backup copies of any Client information stored
within the Service. This includes your e-mail name list and autoresponder
message sequences. Client agrees to be solely responsible for keeping accurate
copies of such information in Client's possession and to hold Service harmless
for any loss of data from the Service database.
Client agrees NOT to send unsolicited e-mail ("SPAM"). This
Service has a ZERO TOLERANCE for SPAM. If a complaint is received, it will be
investigated. If confirmed, Client's account will be immediately suspended and
the appropriate authorities will be notified.
Client agrees NOT to reference their Service Autoresponder Address within any
unsolicited e-mail message. Client agrees NOT to cause this Service to send any
unsolicited e-mail messages. Client agrees NOT to do anything which results in a
complaint concerning their e-mail messages and practices.
Client agrees that Service has the right to delete all data, files or other
information that are stored in the Client's account if the Client's account is
suspended, cancelled or otherwise terminated, for any reason at Service's sole
discretion
Client's Service account cannot be transferred or used by anyone other that the
original Client/Purchaser. Service Autoresponders which have been transferred to
other parties, or show other activity in violation of this policy, are subject
to immediate cancellation.
Client agrees NOT to use their Service Autoresponder Address as an e-mail FROM
address, REPLY address, RETURN address or UNSUBSCRIBE address. Client agrees
that their assigned Service Autoresponder address will only be present in the
BODY of their e-mail messages.
Client agrees NOT to use this service, directly or indirectly, for SPAM
activities. You may not use your Service Autoresponder Address to promote
SPAM-related products.
IF YOU HAVE NOT RECEIVE EXPLICIT PERMISSION TO SEND E-MAIL TO EVERYONE IN YOUR
LIST, THEN YOU ARE IN VIOLATION OF THIS POLICY. We suggest putting the
form, which we give you, onto your web site. This form captures the name and the
e-mail address of your prospects. You will get virtually no complaints from
those who opt-in in this manner.
Please note that many companies out there sell "opt-in" mailing lists.
However, many people forget that they have subscribed to such lists and will
report you for spamming if you send to them. DO NOT IMPORT THESE LISTS TO THIS
SERVICE AND SEND TO THEM. You must first verify that these people have truly
opted-in to your list before sending to them through our Service. You should
always get the First name as well as the e-mail address of your prospects. Such
personalization dramatically reduces complaints.
Client agrees that if someone asks Client to remove them from their
Autoresponder message sequence, that Client will log into their control panel
and remove them manually (even though Client knows they could have done it
themselves by simply clicking on the "Remove Me" link present in every
message sent by this Service).
The transmission and/or storage of any information or material by the Client, in
violation of any United States Federal, State or City laws or International laws
is expressly prohibited. This includes, but is not limited to copyrighted
material, information or data, material legally judged to be threatening or
obscene, or material protected by trade secret and other statutes. Adult related
materials are strictly prohibited.
Client agrees to fully compensate ServantHost.com LLC (including all costs and
damages) should ServantHost.com LLC suffer any financial loss arising out of the
Client's use or misuse of the Service.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITIES, INDEMNIFICATION.
SERVANTHOST.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. SERVANTHOST.COM WILL NOT BE
HELD RESPONSIBLE FOR ANY LOSSES, DAMAGES OR COSTS THAT YOU AND/OR YOUR BUSINESS
MY SUFFER WHEN USING THE SERVICE. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS
SERVANTHOST.COM AND/OR OTHERS FROM ANY CLAIMS RESULTING FROM YOUR USE OF THIS
SERVICE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK.
NEITHER SERVANTHOST.COM NOR ITS SERVICE PROVIDERS, AGENTS, LICENSORS OR THEIR
EMPLOYEES SHALL HAVE ANY LIABILITY FOR ANY DAMAGES SUFFERED BY YOU OR ANY OTHER
PARTY AS A RESULT OF THE USE OR MISUSE OF THIS SERVICE.
Client agrees to receive occasional e-mails from ServantHost.com and
VitalResponse.com regarding information that ServantHost.com or
VitalResponse.com may deem of interest.
ServantHost.com LLC reserves the right to modify the Service or change these
terms and conditions. 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 e-mail). The continuation of the use of the Service by a Client after such
notification has been received will be deemed an acceptance of the modified
terms and conditions by the Client.
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.
Client specifically agrees that any lawsuit or cause of action arising from
Client's use or misuse of the Service shall be governed by Illinois law and
Client specifically submits to the jurisdiction of the state and federal courts
of the State of Illinois.
Use of the Service by the Client constitutes acceptance of the terms and
conditions of this agreement.
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