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Terms
and Conditions Terms and Conditions
All services provided by AutomateYourList.com/AWeber Systems may be used for lawful
purposes only. Transmission or storage of any information, data or material in
violation of any United States Federal, State or City law is prohibited. This
includes, but is not limited to: copyrighted material, material legally judged
to be threatening or obscene, or material protected by trade secret and other
statue. The subscriber agrees to indemnify and hold harmless AutomateYourList.com/AWeber
Systems from any claims resulting from the use of the service which damages the
subscriber or any other parties.
Spamming, or the sending of
unsolicited email, using an email address, URL that is maintained on an AutomateYourList.com/AWeber
Systems machine, or directing traffic to a webpage that contains any reference
to AutomateYourList.com/AWeber Systems is STRICTLY prohibited. AutomateYourList.com/AWeber
Systems will be the sole arbiter as to what constitutes a violation of this provision.
This action WILL RESULT in immediate termination of your account without refund.
Any service interuptions as a result of subscribers spamming will be billed to
the subscriber at $50.00 per hour until service is restored. Subscriber will also
be in violation of the AutomateYourList.com/AWeber Systems Service Agreement and
subject to legal action. Importing or in any way using purchased
leads with an AutomateYourList account is strictly prohibited. If you paid money
or in any way purchased a group of pre-existing leads these may not be used with
AutomateYourList. This includes co-registration services, "safe lists" or any
type of free leads given to you. Only people that have specifically requested
information directly from you may be emailed thru AutomateYourList.
Batching or in any way trying to script the addition of new subscribers to the
web form subscribe methods is strictly forbidden. A script must not be used to
auto submit a web form subscriber on behalf of a website visitor. The visitor
who desires to subscribe to your list must be the one to activate that subscription
process.
Pornography and sex-related merchandising are prohibited
on any AutomateYourList.com/AWeber Systems server. AutomateYourList.com/AWeber
Systems will be the sole arbiter as to what constitutes a violation of this provision.
Payment is due immediately after date of invoice. All payments must
be in US dollars and withdrawable from a US bank. The subscriber is responsible
for providing up-to-date payment information. AutomateYourList.com/AWeber Systems
will not be held responsible should the subscriber's payment information become
out-of-date.
If payment is by credit card, the subscriber authorizes
AutomateYourList.com/AWeber Systems to charge the credit card listed on the subscription
form for those charges for AutomateYourList.com/AWeber Systems services that may
accrue from month to month, or for any past-due balances, in order to bring the
account to current status. Credit card payments will be billed and charged automatically,
and AutomateYourList.com/AWeber Systems may charge the amount due to the provided
card at any time. Accounts are in default if payment is not
received within 20 days after date of invoice. If a subscriber's check is returned
by the bank as unredeemable, the subscriber will be deemed to be in default, and
will be liable for a "returned check" charge of $25. Accounts unpaid 20 days after
date of invoice may have their service interrupted. Such interruption does not
relieve the subscriber from the obligation to pay the monthly charge. Only a written
request to terminate your service relieves you of your obligation to pay the monthly
account charge. Accounts in default are subject to a late payment charge of $25
and an interest charge of 1.5% per month on the outstanding balance. If the subscriber's
state law does not allow an interest rate of 1.5% per month, the maximum allowable
rate for the subscriber's state will be charged. If the subscriber defaults, the
subscriber agrees to pay AutomateYourList.com/AWeber Systems its reasonable expenses,
including attorney and collection agency fees, incurred in enforcing its rights
under these Terms and Conditions.
All files, information and mail
under the account will be preserved for 20 days from the date the payment is due.
If the payment is not received after 20 days, all files, information and mail
under the account will be deleted. If the subscriber wishes to use the service
again, the subscriber must re-apply as a new subscriber.
The subscriber
agrees that the company has the right to delete all data, files or other information
that is stored in the subscriber's account if the subscriber's account with the
company is terminated, for any reason, by either AutomateYourList.com/AWeber Systems
or the subscriber.
System accounts can not be transferred or used
by anyone other than the subscriber. Accounts which have been transferred to other
parties, or show other activity in violation of this paragraph, are subject to
immediate cancellation.
AutomateYourList.com/AWeber Systems shall
have the right to suspend service to the subscriber at any time, and for any reason,
without notice. If such a suspension is to last for more than 20 days, the subscriber
will be notified as to the reason.
Service provided by AutomateYourList.com/AWeber
Systems may be cancelled in writing at any time with no penalty. Customer unit
name and password must be included in the cancellation request. Cancellation will
take effect only when the receipt of the cancellation request is confirmed by
AutomateYourList.com/AWeber Systems. AutomateYourList.com/AWeber Systems reserves
the right to change the rate by notifying the subscriber 15 days in advance of
the effective date of the change.
AutomateYourList.com/AWeber Systems
exercises no control whatsoever over the content of the information passing through
AutomateYourList.com/AWeber Systems. All leads (email addresses) generated by
subscriber are held strictly confidential. The leads are never released to any
other parties for any purpose. The lead information is only used on AutomateYourList.com/AWeber
Systems' servers to deliver the follow up messages designated by the subscriber.
Customers are prohibited from transmitting on or through any of
AutomateYourList.com/AWeber Systems' services, any material that is, in AutomateYourList.com/AWeber
Systems' sole discretion, unlawful, obscene, threatening, abusive, libelous, or
hateful, or that encourages conduct which would constitute a criminal offense,
give rise to civil liability, or otherwise violate any local, state, national
or international law.
AutomateYourList.com/AWeber Systems makes
no warranties of any kind, whether expressed or implied, for the service it is
providing. AutomateYourList.com/AWeber Systems also disclaims any warranty of
merchantability or fitness for a particular purpose. AutomateYourList.com/AWeber
Systems will not be responsible for any damage suffered. This includes loss of
data resulting from delays, nondeliveries, misdeliveries, or service interruptions
caused by AutomateYourList.com/AWeber Systems' negligence or the subscriber's
errors or omissions. Use of any information obtained via AutomateYourList.com/AWeber
Systems is at your own risk. AutomateYourList.com/AWeber Systems specifically
denies any responsibility for the accuracy or quality of information obtained
through its services.
LIMITED LIABILITY. ANY LIABILITY OF THE COMPANY,
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, COMMUNICATIONS 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 SUBSCRIBER
TO THE COMPANY FOR THE CURRENT MONTH.
Should any provision of this
agreement be held to be illegal, invalid, or unenforceable by a court law, the
legality, validity and enforceability of the remaining provisions of this agreement
shall remain unaffected thereby unless otherwise stated.
This agreement
shall be governed by the laws of the State of Pennsylvania and the United States.
These Terms and Conditions supersede all previous representations,
understandings or agreements and shall prevail notwithstanding any variance with
terms and conditions of any order submitted. Use of AutomateYourList.com/AWeber
Systems service constitutes acceptance of these Terms and Conditions.
Name: __________________________________
Signature: __________________________________
Date: __________________________________
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