PowerAutoResponder.com
Terms of Service

REQUIREMENTS FOR INCLUSION OF CERTAIN INFORMATION IN MESSAGES On December 16, 2003, a new law was signed by President of the United States, the "CAN-SPAM Act of 2003",and became effective on January 1, 2004. The new law mandates that certain information be included in all commercial electronic email messages. If you are using the PowerAutoResponder.com system to email advertisements and/or solicitations of any type, your mailings are considered commercial email messages. As of January 1, 2004, the following information must be included in each of your messages:  1. Clear and conspicuous identification that the message is an advertisement or solicitation (this does not apply to the transmission of a commercial electronic mail message if the recipient has given prior affirmative consent to receipt of the message);  2. Clear and conspicuous notice of the opportunity to decline to receive further messages from the sender (unsubscribe link); and  3. A valid physical postal address of the sender. The new law provides that it will be unlawful to send any commercial email messages unless the above information is included in each message. Among other things, it also makes it unlawful to use false information in headers, false email addresses and false or misleading subject lines. All users sending commercial email messages through the PowerAutoResponder.com system are required to comply with the law.  In respect to Item one above, it is your responsibility to maintain appropriate documentation that can show that an individual consented to receive your mailing if that is the case. It is not satisfactory to just declare that the individual opted in to your list. A showing of how, when and where by actual documentation will be needed if a claim is filed or SPAM complaint made. Purchasing an opt in list is not proof of consent that the individuals on the list consented to receive the information from you. Any PowerAutoResponder.com user found to not have the required information in messages will have their autoresponder privileges suspended and given appropriate time to correct the message content. If they do not correct the messages, the service will be terminated without refund of service fees.

PowerAutoResponder.com has the right to cancel any account, for any reason, without notice. If your account is canceled, your license to use the PowerAutoResponder.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
Hacking or Warez information
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 that you can NOT use to your PowerAutoResponder.com autoresponder account to send SPAM to others.  You may not use your PowerAutoResponder.com email address (for example, forexample@powerautoresponder.com) as a return address when posting to FFA link page sites, using autosubmission software, or classified ad submissions. You agree that we can IMMEDIATELY DELETE your PowerAutoResponder.com account, AND that you may be liable for monetary damages, AND in some jurisdictions, you may be in violation of the law.

You agree NOT to use our services to deliver unsolicited email or spam. You agree not to use your assigned autoresponder email address in free for all links sites.

You agree to use your account only for the delivery of requested information or publications to parties specifically requesting your information or publications.

You agree that your account is for YOUR PERSONAL use alone.  You may NOT distribute your information to others to allow them to create autoresponders.

You agree to have a "contact" or return address in each account that will receive email. IF your account's listed email bounces email, we may, at our discretion, delete any such account without a valid email address.

3. You agree to make weekly backup copies of any information stored on our site including your email list(s) and messages. You agree that you are solely responsible for keeping accurate copies of your information in your possession and hold PowerAutoResponder.com harmless for any loss of data from the PowerAutoResponder.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 PowerAutoResponder.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. We reserve the right to modify these Terms and Conditions.

8. If you engage in spam, or otherwise transmit messages to any party not specifically requesting to be contacted by you, using 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. If your account draws a complaint from SpamCop or comes to our attention based on other questionable use of our service, we reserve the right to immediately take action in regard to one or all of your individual autoresponders including suspension or deletion of your account and all contacts in that autoresponder. This includes importing email contact information from FFA pages into your autoresponder(s).

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 person(s) you contact to be on your contact list, or you must NOT contact that person using PowerAutoResponder.com.

9. 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. 

15. You specifically agree that any lawsuit or cause of action arising from your use of our services shall be governed by Victorian law, and you specifically submit to the jurisdiction of the state and federal courts of the State of Victoria, Australia.