Terms of Service & Conditions Of Use
The following describes the Terms of Service Conditions of Use for our website, i-AutoResponder.com.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE.
BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE OUR WEBSITE.
IF YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT USE OUR WEBSITE.
WE MAY MODIFY THIS AGREEMENT AT ANY TIME WITHOUT INDIVIDUAL, SPECIFIC NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON OUR WEBSITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF OUR WEBSITE AFTER SUCH NOTICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS, ADDITIONS, DELETIONS, OR OTHER CHANGES.
By using this website, you agree to obey these Terms of Service and Conditions of Use. Please, read them carefully!
Any other policies, notices, or other legal/administrative pages contained in our website are necessarily incorporated into these Terms of Service and Conditions of Use. This may include, without limitation, a DMCA Policy, Privacy Policy, Disclaimer, Copyright Notice, Anti-Spam Policy, and FTC Compliance Policy.
If you are using Our Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
Our website is an independent, stand-alone entity that has no relationship, connection, or affiliation whatsoever with any company, person, outfit, organization, or group mentioned herein, even if such name appears in our website name, domain, URL, or otherwise. You should assume no other party, by mere mention of their name, has endorsed anything you see here. The aim is simply to provide useful services for our customers, some of which we may be compensated for. You should simply assume at all times we are being compensated and, while that may not prompt us to make unsound recommendations, you should always be responsible for your own financial decisions, be it investing, purchasing, donating, or otherwise.
Legal Requirements
i-AutoResponder requires all Users to comply with the following legal requirements established for commercial email service providers: CAN SPAM Act of 2003, the Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on legal aspects of information society services, in particular, electronic commerce in the Internal Market (‘Directive on Electronic Commerce’), along with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘Directive on Privacy and Electronic Communications’) and laws in force of the User’s country of residence.
Minimum Age and Ability to Bind
As this is a legal contract, this site and the products are only available to those who may make legally binding contracts under applicable law. The Site and Products are not available to individuals under the age of 18. If you do not qualify you are not permitted to use this Site or the products of i-AutoResponder. By using this site or products on behalf of an organization, you represent and warrant that you have the ability to bind such organization by your use of the site and the products.
Registration
You agree to provide the most accurate, current, and complete information about yourself and the organization, as applicable, in the registration form and elsewhere on the Site. You also agree to update such information if it ever changes.
Username and Password
You are responsible for maintaining the security of your i-AutoResponder account, passwords and files (including the passwords and files that your Authorized Users, if any, have access to) and any Accounts. We will accept the instructions of any individual who claims to be authorized to direct changes to your i-AutoResponder account so long as such person presents the Account Owner username and password or provides other appropriate account identifying information, as determined by us in our sole discretion, by email or by phone, or through a Third Party Service, if any, through which you access the Site or the Products. We have no knowledge of your organizational structure, if you are registering for the Products as an organization, or your personal relationships, if you are a person. You will be solely responsible and liable for any activity that occurs under your username and the activities of your Authorized Users, if any, and we shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password or other appropriate account identifying information. You agree to notify us immediately of any unauthorized use of your Contact Enabled account or any other breach of security.
Responsibility for Your Content
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein.
You may not imply that Your Content is in any way sponsored or endorsed by i-AutoResponder.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
The User must provide true and accurate information to be used in their email headers, i.e. “From” and “To” data must clearly identify the sender. The subject line must not be deceptive, and thus mislead the subscriber about the purpose and content of the message.
The messages cannot contain any vulgar or illegal content.
Permission Practices and Prohibition of Spam:
You may not use this site, products, or services to send unsolicited email messages, often referred to as “spam”. All messages sent must comply with our Anti-Spam Policy. It is your responsibility to periodically review our Anti-Spam Policy for any changes as new laws or industry standards change. You are responsible to not exceed industry norms for spam complaints. We reserve the right to terminate your access to your use of the site and the products if we determine that your level of spam complaints exceed industry normal levels.
In order to protect the privacy of those who have filed a spam complaint, it is our policy to not share with you information about the recipients who complain about your use of the Products or file a spam report against you.
You agree to maintain a contact list that is compiled by opt-in consent and not to use our site or products to attempt contact with contacts who have since opted out or receded their consent. You agree to import, access, or otherwise use only contact lists. Sufficient consent to receive email correspondence from you if a person or organization takes a survey, registers for an event, clicks “Like” on your Facebook® page, or “follows” you on Twitter®. If you have used our site, products, or features to verify the recipient’s consent to send messages to such recipients, and the recipient has not responded or declines consent, you agree that you shall not send messages to that recipient. You agree not to use the i-AutoResponder site, products, or services to send email messages to distribution lists, newsgroups, publicly available press or media, or any form of purchased email addresses.
We reserve the right without notice to take any and all measures to prevent unsolicited bulk email and/or other unauthorized email, messages or campaigns from entering, using or remaining within our network.
You agree to be accurate and truthful about your or the organization that you represent’s information. You shall not impersonate any other person whether they are dead, alive, or fictitious.
You agree that you are the sole or designated “sender” (as such term is defined in the CAN-SPAM Act of 2003 and any rules or regulations adopted under such act (the “CAN-SPAM Act”)) of any message sent by you using the Site or the Products. Similarly, for messages sent to Canadian email accounts, you are the sole person sending or causing or permitting the message to be sent by you using the Site or the Products (within the meaning of Canada’s Anti-Spam Legislation, S.C. 2010, c. 23 (“Canada’s Anti-Spam Legislation”)).
You agree that for any email message sent by you using the Site or the Products, (i) the “from” line of any email message sent by you using the Site or the Products will accurately and in a non-deceptive manner identify your organization, your product or your service, (ii) the “subject” line of any email message sent by you using the Site or the Products will not contain any deceptive or misleading content regarding the overall subject matter of the email message, and (iii) you will include your valid physical address, which, if you are located in the United States, may be a valid post office box meeting the registration requirements established by the United States Postal Service.
Every email message sent using the i-AutoResponder site or products must contain an unsubscribe link that allows recipient subscribers to remove themselves from your contact mailing lists and a link to the then-current Customer Privacy Policy. Each such link must remain functional for at least 60 days after the date each email is sent. You agree not to attempt to disable, remove, or otherwise hinder these links or the recipient’s access to both the Customer Privacy Policy and the Unsubscribe feature. It is your responsibility to process all unsubscribe requests sent to you within 10 days of date the email was sent. As required under the CAN-SPAM Act and other applicable laws, you acknowledge that you are responsible for maintaining and honoring the list of unsubscribe requests following termination of your i-AutoResponder account and this Agreement.
You agree that you will not use the i-AutoResponder site or products to send any message with the primary purpose being commercial advertisement or promotion of a commercial product or service, including content on an Internet website operated for a commercial purpose, to any person or organization who has opted out or in any other means objected to receiving any such message from you or from any other sender on whose behalf you may be acting.
Restrictions On Use:
You further agree to comply with the following in connection with your use of the Site and the Products:
• You may not access or use the site or the products in a way that uses technology or other means to access, index, re-render, frame, mirror, truncate, add to, inject, filter or link to the Site or the Products that is not authorized by us (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized use, download, linking, framing, reproduction, access to, or distribution of the Site or the Products).
• You may not use any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the site or the products for any unauthorized purpose.
• You may not use the site or the products in a way that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the site or the products.
•You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the content of the site or the products for public or commercial purposes without our express written permission.
• You shall not interfere with or disrupt the site or any related Contact Enabled websites or servers or networks connected to the site or the products.
• You shall not restrict or inhibit any other user from enjoying and using the site or the products.
• You shall not use the site or the products in violation of applicable law or third party rights (including third party terms of service), and shall not use the site or the products for hosting content (for example, images and documents) that infringes on the intellectual property rights of others.
• You shall not repeatedly upload and remove unique email addresses or otherwise try to manipulate data in an attempt to circumvent our billing procedures.
• You shall not set up multiple accounts for any individual or organization in order to send substantially similar content unless you are part of a franchise.
• You may only use our templates, any images we provide, or any other features or functionality of the Products with the Products themselves (for example, you may not take an image or template and use it on your website).
• You shall not use documents and images hosted by us on servers controlled by us for any purpose whatsoever other than in connection with the Products. If you own the document or image, you can use it outside of the products so long as it is not hosted by us.
• You shall not include any incentives (for example, coupons, discounts or awards) in any messages you send by means of the Site or the Products that encourage a recipient to forward the message to another recipient, other than as expressly encouraged and permitted within the applicable Product.
You understand that not all messages or campaigns sent through use of the Site or the Products will be received by or will be capable of being viewed by their intended recipients. You further understand that delivery of messages by means of the i-AutoResponder or the Products may involve transmissions over various networks, and that the messages (including images and text contained therein) could be reformatted or otherwise revised to conform to the formatting or technical requirements of such networks. You also understand and agree that messages exceeding maximum character limitations may be truncated, abbreviated, reduced or otherwise abruptly cut short.
You agree that we may establish general practices and limits concerning use of the i-AutoResponder or the Products, including without limitation the maximum number of messages or campaigns that may be distributed by you and/or the maximum size of any messages or campaigns that may be transmitted by means of the i-AutoResponder or the Products. We reserve the right to modify, revise, suspend or discontinue any Product in whole or in part, either temporarily or permanently and with or without notice, and you acknowledge that we are not obligated to support or update the Products in any manner. If we discontinue any Product in its entirety, we will provide you with advance notice and an opportunity to cancel your account.
Removals
Each message sent from a i-AutoResponder Account contains an unsubscribe link that cannot be removed. The link automatically updates the mailing list to ensure that a subscriber that has opted out will not be sent any further mailings.
The User is not allowed to send messages to any individual that had been added to the mailing list, but later unsubscribed from it. i-AutoResponder automatically handles all unsubscribe requests on User’s behalf. The list of individuals that have opted out shall be provided in the Customer’s Account.
Termination
You may terminate your i-AutoResponder account at any time by clicking on the terminate Account link under “My Account Payments”. Except as specifically set forth herein or on the Site, there are no refunds for any fees paid. YOU ARE SOLELY RESPONSIBLE FOR TERMINATING YOUR i-AutoResponder ACCOUNT AND THIS AGREEMENT. WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR i-AutoResponder ACCOUNT AND THIS AGREEMENT OR FOR ANY CREDIT CARD OR OTHER CHARGES OR FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR i-AutoResponder ACCOUNT AND THIS AGREEMENT.
We may, in our sole discretion, terminate your i-AutoResponder account or your access to or use of the Site or the Products, disable your i-AutoResponder account or access to the Site or the Products, remove all or a portion of your Customer Information or data, cancel or suspend any of your Promotions or Deals or Donation Campaigns, or put your i-AutoResponder account on inactive status, in each case at any time, with or without cause, with or without notice and without refund. We shall have no liability to you or any third party because of such termination or action, except that we will refund a pro rata portion of any prepaid amounts if we terminate you without cause. After termination, you shall process all unsubscribe requests within 30 days of your last email campaign. Upon request, we will provide the list of unsubscribe requests from your i-AutoResponder account to you.
We may close your account, suspend your ability to use certain portions of our Products, and/or ban you altogether from our Products for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, our Products, Your Content, Site Content, or any other related information
In the event of termination, you continue to be bound by violation of our Terms.
If your i-AutoResponder account is classified (at our sole discretion) as inactive for over 120 days, we have the right to permanently delete any of your Customer Information or data.
i-AutoResponder strictly prohibits users from renting, leasing and/or purchasing email addresses from a third party, as well as from gathering them through surreptitious methods, such as scraping or harvesting. The use of any kinds of automated solutions, software or scripts is strictly prohibited. The User may store, manage the data and send electronic information only to those recipients who have expressly agreed to receive such information from the User.
We reserve the right to verify the list of subscribers imported by the User in terms of their quality, i.e. among others possessing required approvals for the sending of electronic messages, existence of spam-traps or misspellings. The negative result of such a verification entitles us to reject the imported list. If a greater number of email addresses is imported, we reserve the right to require the User to carry out a test dispatch to a part of email addresses. The User’s capability to import the entire list or send messages to the remaining email addresses from the list will depend on the results of the test dispatch.
i-Autoresponder.com may terminate this Agreement or the Services at any time with or without cause, and with or without notice. i-Autoresponder.com shall have no liability to you or any third party because of such termination. If i-Autoresponder.com terminates this agreement because you violated the Anti-SPAM Policy, no refund will be issued.
Emails that you send through the Service may generate abuse complaints from recipients. As a matter of privacy, i-Autoresponder.com cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. i-Autoresponder.com, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.
i-Autoresponder.com, at its own discretion, may immediately disable your access without refund to the Services if i-Autoresponder.com believes in its sole discretion that you have violated any of the email and permission practices listed above, or the i-Autoresponder.com Anti-Spam Policy.
i-Autoresponder.com has the right to cancel any account without notice for violation of the User Agreement, and no refund will be issued.
If your account is canceled, your license to use the i-Autoresponder.com service and/or name is revoked permanently.
Prohibited Uses of i-AutoResponder.com Systems and Services:
1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through i-AutoResponder's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on i-AutoResponder's servers, is prohibited. i-AutoResponder accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by i-AutoResponder customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any i-AutoResponder - hosted domain, or referencing any i-AutoResponder account, is prohibited.
4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Rapid Response.com customers or end-users by any means or device.
9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the i-AutoResponder network or on another provider's network.
10. Using i-AutoResponder's Services to interfere with the use of the i-AutoResponder network by other customers or authorized users.
Our website prohibits conduct that might constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any activity that restricts or inhibits any other user from using the services of our website is also prohibited. Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on our website.
Restricted Access
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID (username) and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You may not share your user ID and/or password with anyone for any reason, either directly or indirectly. You accept responsibility for all activities that occur under your user ID or password.
We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of our website or any other contractual obligation you owe to us.
Respecting Other People’s Rights
i-AutoResponder respects the rights of others. And so should you. You therefore may not post or send content that:
- Violate our content guidelines, for example, by writing a fake or defamatory review, or compensating someone or being compensated to write or remove a review;
- Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial venture or event, or otherwise use our Products for commercial purposes, except as expressly authorized by Sendlane;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate our search results or those on a partner website;
- Solicit personal information from minors, or submit or transmit pornography; or
- Violate any applicable law.
You also agree not to, and will not assist, encourage, or enable others to:
- Violate the Terms;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Products or Site Content (other than Your Content), except as expressly authorized by i-AutoResponder;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of our Products or any Site Content;
- Reverse engineer any portion of our Products;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears anywhere throughout our Products;
- Record, process, or mine information about other users;
- Access, retrieve or index any portion of our Products for purposes of constructing or populating a searchable database of product reviews;
- Reformat or frame any portion of our Products;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on i-AutoResponder´s technology infrastructure or otherwise make excessive traffic demands of our Products;
- Attempt to gain unauthorized access to our Products, user accounts, computer systems or networks connected to our Products through hacking, password mining or any other means;
- Use our Products or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
- Use any device, software or routine that interferes with the proper working of our Products, or otherwise attempt to interfere with the proper working of our Products;
- Use our Products to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, our Products or Site Content; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of our Products, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of our Products.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
PROHIBITED CONTENT
- Pornography or other sexually explicit Emails
- Emails offering to sell illegal goods or services
- Emails that violate CAN-SPAM Laws
- Marketing or commercial email without permission
- Escort and dating services
- Pharmaceutical products
- Online trading, day trading tips, or stock market-related content
- Gambling services or products
- Credit repair and get out of debt opportunities
- Mortgages and loans
- Adult novelty items or references
- List brokers or list rental services
You must also respect i-AutoResponder’s rights. These Terms do not grant you any right to use branding, logos, designs, photographs, videos, or any other materials used in our Services. Nor may you download, distribute, syndicate, broadcast, perform, or display any portion of the Services except as set forth in these Terms.
In short: You may not use the Services in ways that are not authorized by these Terms.
Safety
We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:
– You will not use the Services for any purpose that is illegal or prohibited in these Terms;
– You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information;
– You will not use or develop any third-party applications that interact with other users’ content or the Services without our written consent;
– You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
– You will not use or attempt to use another user’s account, username, or password without their permission;
– You will not solicit login credentials from another user;
– You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence;
– You will not upload viruses or other malicious code or otherwise compromise the security of the Services;
– You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
– You will not probe, scan, or test the vulnerability of our Services or any system or network; and
– You will not encourage or promote any activity that violates these Terms.
Your Account
You are responsible for any activity that occurs in your account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.
By using the Services, you agree that, in addition to exercising common sense:
– You will not create more than one account for yourself; We closely monitor duplicate accounts. – banning anyone who does so. This is to protect both our service and our users.
-You will not create another account if we have already disabled your account, unless you have our written permission to do so;
– You will not buy, sell, rent, or lease access to your i-Autoresponder account or a friend link without our written permission;
– You will not share your password; and you’ll NOT import Simple Opt-In Leads in your account unless you have our written permission to do so;.
– You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
If you think that someone has gained access to your account, please immediately reach out to I-Autoresponder Support.
MEMBER PRIVACY
It is the Service Provider’s policy to respect the privacy of its members. The Service Provider will not monitor, edit, or disclose any personal information about you (including your credit card information) or your use of the Service, including its contents, without your prior permission unless required or allowed by law, or where the Service Provider has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of the Service Provider; (3) enforce the TOS; (4) act to protect the interests of its members or others; or (5) facilitate a change of control of the Service Provider or the acquisition of the Service Provider’s business by a third party, and to enable that third party to continue to provide the i-AutoResponder services to you. The Service Provider may provide certain user information in aggregate form to third parties for demographics. In addition, your internet protocol address is transmitted with each message sent from your account.
We may share email you report as spam with third parties for the purpose of assisting in industry initiatives to control undesirable email. You may opt-out of this via an option in the web interface.
Some personal information you provide to the Service Provider may be stored outside of the country in which you reside.
You agree that the Service Provider may access your account, including its contents, as stated above or to respond to service or technical issues.
ZERO TOLERANCE SPAM Policy!
Spam, also known as junk mail, is an unsolicited commercial email messages, especially bulk email message. Unsolicited means that the recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages, all having substantively identical content. The term ‘spamming’ refers to transmitting, distributing or delivering any unwanted commercial e-mail correspondence, especially in mass quantities, thru the electronic means of communication.
NO SPAM, Bulk Email, Unsolicited Commercial Email will be permitted to submit or send SPAM of any type. This includes but is not limited to using our service in conjunction with any other BULK EMAIL submission service or software. The use of the i-AutoResponder domain name or a our autoresponder email address in Spam or Bulk Email is STRICTLY PROHIBITED.
If we receive a complaint of a SPAM or BULK EMAIL from an autoresponder maintained on our servers, the account will be subject to suspension and/or cancellation without notice.
CLIENT MAY NOT USE THIS SERVICE, DIRECTLY OR INDIRECTLY, FOR SPAM ACTIVITIES! CLIENT MAY NOT USE i-AutoResponder OR ITS SYSTEM TO PROMOTE SPAM-RELATED PRODUCTS!
Users of i-AutoResponder units MAY NOT use the “Import List” or “Mailing List” functions of their Client Menu to import purchased leads. Use of purchased leads is strictly prohibited. In addition, those users who upload a list which contains a list with a high percentage of Unknown or other problematic addresses causing excessive bounced email traffic to the system may be subject to suspension and/or termination of service without notice. i-AutoResponder is not a bulk email service nor do we condone the mailing of unsolicited commercial email.
Your i-AutoResponder address may NEVER be used as a “REPLY TO” or “RETURN” address. Client’s i-AutoResponder address must be referenced only in the body of materials.
This includes the Client using his/her i-AutoResponder address to subscribe to newsletters, opt-in lists, posting to FFA’s (Free For All Link pages), using FFA Blasters or FFA lists, ad submitters or as a return e-mail address in your e-mail program. Your i-AutoResponder address cannot be used as a confirmation address in these type activities, you must use a non-autoresponder address as a “Reply” address. Use of your i-AutoResponder address in violation of this policy could create never-ending loops, large amounts of traffic on our system as well as other systems causing damages to all involved. You agree not to use the Service in conjunction with FFA (Free-For-All links page) or any other similar concept.
Any action of this type WILL RESULT in immediate termination of Client’s account without refund. Any loss of service to i-AutoResponder as a result of spamming will be billed to the offending party at the current legal amount. Client will also be in violation of the i-AutoResponder Terms of Use Agreement and subject to possible legal action.
You agree not to provide false or misleading information on the Service sign up form or in conjunction with the Client Menu functions. This includes, but is not limited to providing a false name or e-mail address in the “FROM” field. Accounts using non-existent email addresses or incomplete names and addresses will be deleted immediately. Make sure your information IS correct and complete.
Our rights under these Terms of Service and Conditions of Use shall survive any termination of this agreement.
Any rights not expressly granted herein are reserved.
CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out, in order to protect you and our website. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.
Disclaimers
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE i-AutoResponder ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY i-AutoResponder CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
i-AutoResponder TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH i-AutoResponder WILL BE RESPONSIBLE FOR.
REQUIREMENTS FOR INCLUSION OF CERTAIN INFORMATION IN MESSAGESOn 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. |
USAGE OF SERVICE
The Service may be used for lawful purposes only. Transmission or storage of pornography and sex-related content and merchandising and/or any material in violation of any international, federal or any state law or regulation is expressly prohibited.
We will not accept any new customers who publish pornographic images. We do not allow any pornographic content on our server, including but not limited to nude photographs, explicit language, or sexual fiction. If an existing customer publishes pornographic images,
i-AutoResponder may suspend and/or cancel your account immediately.
Agreement Violations
The User must not use the Service to send any unsolicited and unwanted e-mail correspondence. Neither the i-AutoResponder email address, nor the i-AutoResponder URL may be included in a bulk message or in a bulk-advertised web page.
We reserve the right to issue a warning should the User be found spamming or using the Service for any abusive or illegal practices. Appropriate actions, such as terminating User’s account without notice or a refund and/or reporting the Customer and the incident to their ISP and proper authorities shall be taken should the User appear to perform or be performing such practices, despite the explicit warning. Without limiting the foregoing, the User shall be liable for any loss incurred or damage suffered by i-AutoResponder or any third party should such loss result from noncompliance with this Anti-Spam Policy.
If you believe you have been spammed, please notify abuse@i-autoresponder.com.
NO REFUNDS
You won’t be entitled to a refund or credit from us under any circumstance. However, we may, at our sole discretion, offer a refund, discount or credit.
The Service Provider may choose to make a refund at its sole unfettered discretion, however the Service Provider shall have no obligation to refund any portion of any payments, in the event that You wish to discontinue use of all or part of the Service, or in the event that your access is terminated by the Service Provider.
i-Autoresponder.com, at its own discretion, may immediately disable your access without refund to the Services if believes in its sole discretion that you have violated any of the email and permission practices listed above, or the i-Autoresponder.com Anti-Spam Policy.
i-Autoresponder.com has the right to cancel any account without notice for violation of the User Agreement, and no refund will be issued.
We treat all customers equally, so we don’t make exceptions to this policy.
If your account is canceled, your license to use the i-Autoresponder.com service and/or name is revoked permanently.
Assumption of Risk
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND THE INTERNET. OUR WEBSITE PROVIDES OUR WEBSITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCT OR SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND OUR WEBSITE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. OUR WEBSITE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OUR WEBSITE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS YOU MIGHT SOMEHOW ACCESS.
Limitation of Liability
Changes are periodically made to our website, and may be made at any time.
OUR WEBSITE DOES NOT WARRANT THAT OUR WEBSITE WILL OPERATE ERROR-FREE OR THAT OUR WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR CONDITIONS. IF YOUR USE OF OUR WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OUR WEBSITE IS NOT RESPONSIBLE FOR THOSE COSTS.
International Uses Prohibited by law
In recognition of the global nature of the Internet, you agree to comply with all local rules where you reside or your organization is located regarding online activities, email and the Site or the Products. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Site or the Products are controlled and operated by us from our offices within the United States and we make no representation that the Site or the Products are appropriate or available for use in other locations. Those who access the Site or the Products from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Site or the Products where prohibited by law.
For the purposes of European Directive 95/46/EC and applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the data controller, and we are a data processor. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law. We agree that we shall process your subscribers’ or customers’ personal data on your behalf in accordance with your instructions, as set out in this Agreement and in order to provide the Products, and any instructions received from time to time, and that we have taken and will continue to take adequate technical and organizational measures against unauthorized or unlawful processing of, accidental loss or destruction of, or damage to, your subscribers’ or customers’ personal data as set out in our Privacy Statement.
QUESTIONS/COMMENTS/CONCERNS
If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by using our Contact information.
Last Updated: October 14th, 2023
Membership fees are non-refundable. For cancelled memberships paid for on a monthly/annually basis, billing will stop at the time of cancellation.
Client acknowledges that by placing an order with us, they have read, acknowledged and fully understood all paragraphs of the mentioned terms and conditions.