TERMS & CONDITIONS FOR USE OF AutomaticAutoresponder SERVICES

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1. AutomaticAutoresponder ("AutomaticAutoresponder"), owns and operates the AutomaticAutoresponder Autoresponder Service ("AutomaticAutoresponder Autoresponder Service") which provides cooperative advertising, a means of transferring information "on demand" across the Internet and other services.

2. To become a member of the AutomaticAutoresponder Autoresponder Service and/or utilize AutomaticAutoresponder's services, you are required to agree to the following Terms of Service. Your AutomaticAutoresponder Services may immediately be terminated by AutomaticAutoresponder upon the breach of any of the conditions of the Terms of Service, and the breaching user will, without more being done, be removed and banned from further use of the AutomaticAutoresponder Autoresponder Service and shall forfeit any rights obtained from the AutomaticAutoresponder Services.

3. Becoming a member of the AutomaticAutoresponder Autoresponder Service or otherwise using the AutomaticAutoresponder Services shall constitute an express acceptance of the terms and conditions stated in this document.

4. Services provided by AutomaticAutoresponder may be used only for lawful purposes. Transmitting or storing any data, information or material in violation of any United States Federal, State or City law is prohibited. You agree to indemnify and hold harmless AutomaticAutoresponder, its parent company and others as specified in section 27 below.

5. AutomaticAutoresponder exercises no control whatsoever over the content of the information passing through the AutomaticAutoresponder Autoresponder Service. You understand and agree that you are solely responsible for the content of the materials sent by your use of the services provided by AutomaticAutoresponder.

6. Internet Conduct - Spam Prohibited. The following actions may result in the immediate termination of your AutomaticAutoresponder membership(s) without recourse (a) posting messages that contain your AutomaticAutoresponder address in Usenet newsgroups that are unrelated to your product or service; (b) forging, your "From" Address in an email message, or newsgroup posting, with any AutomaticAutoresponder address, (c) using as your "Reply-To" address in any email message or newsgroup posting any AutomaticAutoresponder address; (d) using as your "Remove" address in any email message any AutomaticAutoresponder address; or (d) sending unsolicited email messages that contain your AutomaticAutoresponder address. In addition to termination of your membership, if AutomaticAutoresponder suffers any service interruptions as a result of your violation of these terms and conditions you agree to pay $200.00 per hour until service is restored. AutomaticAutoresponder reserves the right to take legal action against any member found violating this policy. You understand and acknowledge that you are solely responsible for mail received and/or sent on your behalf. AutomaticAutoresponder will be the sole arbiter as to what constitutes a violation of this provision.

7. AutomaticAutoresponder may modify this agreement at any time and in any manner. Unless stated otherwise, any modification shall become effective immediately upon your being notified of the modification. Notice is deemed to have occurred upon either a posting of the change on the AutomaticAutoresponder web site, electronic mail or conventional mail which inform you of the change. If any such modification to this agreement is unacceptable to you, you may terminate your AutomaticAutoresponder membership(s) as specified in section 29 below immediately and without further penalty or sanction. Your continued membership in the AutomaticAutoresponder Autoresponder Service, or any utilization of the AutomaticAutoresponder Services following notice of any modification to this agreement shall conclusively be deemed to be an acceptance of all terms of such modification(s).

8. You acknowledge that the basic AutomaticAutoresponder Autoresponder Service is a free service supported by advertisers. Except for paying members, when delivered each AutomaticAutoresponder Autoresponder message will indicate it is from AutomaticAutoresponder when delivered. The advertisements and information provided through the AutomaticAutoresponder Autoresponder Service are protected by copyright law, international treaties and other relevant laws. The advertisements and information you receive through the AutomaticAutoresponder Autoresponder Service is for your private and non-commercial use only. You will not resend or further distribute the information that you receive without obtaining the prior written consent of AutomaticAutoresponder.

9. AutomaticAutoresponder grants Members a non-exclusive, revocable license to apply any icons, buttons, banners and web forms which AutomaticAutoresponder makes available to Members in Member's Account Headquarters to your web site only. You are solely responsible for the development, operation, and maintenance of your web site and for all materials that appear on your website. You agree that AutomaticAutoresponder cannot be held liable for any damage done by the use or application of the aforementioned icons, banners, buttons or web forms.

10. AutomaticAutoresponder reserves the right to send you, from time to time, email messages. Such messages may include AutomaticAutoresponder system updates, flash bulletins, order confirmations, administrative announcements, requests, special offers and promotions from third party organizations that might be beneficial, etc.

11. AutomaticAutoresponder reserves the right to present advertisements within the AutomaticAutoresponder.com website.

12. As a member you may optionally take advantage of a paid version of the AutomaticAutoresponder Autoresponder Service. Becoming a paid member allows you to opt out of the AutomaticAutoresponder Ad Exchange which eliminates ads from being displayed with your AutomaticAutoresponder forms. You acknowledge that if you opt out of the Ad Exchange your ad will no longer be displayed in the AutomaticAutoresponder Ad Exchange and you will not receive any email subscribers from the Ad Exchange.

13. If you choose a paid version of the AutomaticAutoresponder Autoresponder Service all payments must be in US dollars and withdrawable from a US bank. You are responsible for providing up-to-date payment information. AutomaticAutoresponder will not be held responsible should the payment information you provide become out-of-date.

You authorize AutomaticAutoresponder to charge the credit card or the checking account entered on the subscription form for those charges for the AutomaticAutoresponder Autoresponder Service that may accrue from month to month, or for any past-due balances, in order to bring the account to current status. Credit card and checking account payments will be billed and charged automatically and AutomaticAutoresponder may charge or withdraw the amount due from the provided card or checking account at any time.

AutomaticAutoresponder reserves the right to change the rate by notifying you at the email address you provided AutomaticAutoresponder, 15 or more days in advance of the effective date of the change.

If you have a past due balance your service may be interrupted. Such interruption does not relieve you from the obligation to pay the monthly charge. Only a written request to terminate your service which is confirmed by AutomaticAutoresponder relieves you of your obligation to pay the monthly account charge.

If you have a past due balance for 24 days or more your account is in default. 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 a members check is returned by the bank as unredeemable, the member will be deemed to be in default, and will be liable for a "returned check" charge of $25. If your account defaults, you agree to pay AutomaticAutoresponder its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.

All files, information and email under the account will be preserved for 24 days from the date the payment is due. If your payment is not received after 24 days from due date, all files, information and mail under your account will be deleted. If you wish to use the AutomaticAutoresponder Autoresponder Service again, the member must re-apply as a new member. You agree that any free trials are not available in the event that you reapply for membership.

14. You understand and agree that AutomaticAutoresponder does not issue refunds on any unused portion of a AutomaticAutoresponder membership including but not limited to unused broadcast emails and unused file attachments.

15. You agree that AutomaticAutoresponder has the right to delete all data, files or other information that is stored in your account if your membership in the AutomaticAutoresponder Autoresponder Service is terminated, for any reason, by either AutomaticAutoresponder or you.

16. You agree that AutomaticAutoresponder has the right to remove and delete any or all ad credits earned by members for any reason.

17. AutomaticAutoresponder reserves the right to refuse to grant and/or continue membership to any person or organization in the AutomaticAutoresponder Autoresponder Service. AutomaticAutoresponder does not allow children under 13 years of age to join as members of the AutomaticAutoresponder Autoresponder Service. You will not yourself, or enable others, to use any autoresponder account participating in the AutomaticAutoresponder Autoresponder Service to distribute in any manner information on the following - Pornographic material; links or information leading to pornographic material or web sites; information or promotion which harms or attempts to harm minors in any way; information or promotion of illegal activities; racism; promotion of unsolicited email in any manner; harassment; intimidation; messages that are deemed offensive for any other reason. You will not yourself, or enable others to, transmit any information or perform any action, which may breach the legal rights of others, including but not limited to intellectual property rights, copyrights, trademarks or privacy. You will not transmit any information or perform any action which may prevent others from using the AutomaticAutoresponder services.

18. AutomaticAutoresponder reserves the right to reject any ad to be displayed as part of AutomaticAutoresponder cooperative advertising that, in its sole discretion, is inconsistent with the provisions of section 17 above.

19. The AutomaticAutoresponder name, logo, software, databases, reports, web site, and information are proprietary and AutomaticAutoresponder retains rights therein. By becoming a member of the AutomaticAutoresponder Autoresponder Service or otherwise using the AutomaticAutoresponder services, you do not acquire any rights over such AutomaticAutoresponder assets, rights or licenses, other than what is explicitly granted to you under this document. AutomaticAutoresponder reserves the right to restrict the use of its name, logo, software, databases, reports, systems, lists, and any information created or obtained by AutomaticAutoresponder.

20. The AutomaticAutoresponder Autoresponder Service is personal in nature. You may not resell, lease, rent, transfer, or otherwise provide access to the AutomaticAutoresponder account without prior written approval from AutomaticAutoresponder.

21. You agree that your Account information (name, Autoresponder address, number of requests, etc.) may be used by AutomaticAutoresponder, including, without limitation, list of member Autoresponders, most requested Autoresponder, new Autoresponders, etc.

22. AutomaticAutoresponder promises to maintain the privacy of your personal information in accordance with our Privacy Policy. The full extent of our commitment can be found in the AutomaticAutoresponder Privacy Policy, located on the AutomaticAutoresponder Web site at http://www.AutomaticAutoresponder.com/private.htm, which you acknowledge that you have read and accept the terms therein stated.

23. All email address leads in the accounts of paid members of the AutomaticAutoresponder Autoresponder Service are held strictly confidential. The leads of paid members are never provided to any other parties for any purpose, unless required by law. The lead information is only used on AutomaticAutoresponder servers to deliver the follow up or broadcast messages designated by a paid member.

24. Affiliation Program Members of AutomaticAutoresponder who own a web site are eligible to participate in the AutomaticAutoresponder affiliation program. Participation is voluntary. AutomaticAutoresponder reserves the right to refuse to grant and/or continue participation rights to any person or organization in the AutomaticAutoresponder affiliation program. AutomaticAutoresponder grants Members participating in the affiliation program a nonexclusive, revocable license to apply the icons, buttons and banners pertaining to the affiliation program to your web site only. You are solely responsible for the development, operation, and maintenance of your web site and for all materials that appear on your website. You agree that AutomaticAutoresponder cannot be held liable for any damage done by the use or application of the aforementioned icons, banners or buttons.

Details regarding the AutomaticAutoresponder affiliation program are located on the AutomaticAutoresponder Web site at http://www.AutomaticAutoresponder.com/affil.htm, which you acknowledge that you have read and accept the terms therein stated.

25. While AutomaticAutoresponder will make a reasonable effort to maintain a high standard of quality for our services, the AutomaticAutoresponder Autoresponder Service is provided on an As-Is basis. AutomaticAutoresponder makes no warranties of any kind, either expressed or implied, as to quality of services, quality and timeliness of ads, warranty of merchantability warranty of specific use or for specific purpose.

Advertisements and information provided through the AutomaticAutoresponder Autoresponder Service may include information and links provided by others. AutomaticAutoresponder does not verify the accuracy of such information, and providing such information or hyper-links cannot be construed as support, backing or other endorsement by AutomaticAutoresponder of such site and/or information.

26. Under no circumstances, including negligence, shall AutomaticAutoresponder, or its parent company, its officers, directors, employees, agents, partners or sponsors, be liable for damages of any kind, direct or indirect, or loss of information that result from the use of, or inability to use, the services of AutomaticAutoresponder, for any reason.

27. Upon request of AutomaticAutoresponder, you agree to defend, indemnify and hold harmless AutomaticAutoresponder, its parent company, its officers, directors, employees, agents, partners and sponsors from and against any claims, losses, liability costs and expenses (including but not limited to reasonable attorney's fees) arising from your use of the AutomaticAutoresponder Autoresponder Service, the AutomaticAutoresponder affiliation program, the Internet, or a violation of any third-party's rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights, or other breach of this agreement. This obligation will survive any termination of this agreement.

28. The information provided by AutomaticAutoresponder to you may be proprietary in nature. You acknowledge that you are not a competitor of AutomaticAutoresponder, and agree not to share this information with any AutomaticAutoresponder competitor.

29. Either you or AutomaticAutoresponder may terminate your membership(s) at any time without further penalty. Your only right with respect to dissatisfaction with any aspect of AutomaticAutoresponder is to terminate your membership(s). Preferred members and Free trial members are required to send a cancellation request to sales@AutomaticAutoresponder.com including at least your legal name and the email address under which you registered. Cancellation will take effect only when receipt of the cancellation request is confirmed by AutomaticAutoresponder. Free members must deactivate the account from within their AutomaticAutoresponder account. If AutomaticAutoresponder denies you access to the AutomaticAutoresponder Autoresponder Service, you shall have no right (a) to obtain any credits otherwise due to you, and such credits will be forfeited; (b) to access through AutomaticAutoresponder any materials stored on the Internet; or (c) to access any third-party providers of information, services or merchandise on the Internet through AutomaticAutoresponder, and AutomaticAutoresponder shall have no responsibility to notify such third-party providers nor shall AutomaticAutoresponder have any responsibility for any damages that result from the lack of such notification.

30. A failure by AutomaticAutoresponder to enforce your strict performance of any provision of these Terms and Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this agreement.

31. These Terms and Conditions are the entire agreement between you and AutomaticAutoresponder and supersede all previous representations, understandings or agreements.

32. If any part of these Terms and Conditions is held unenforceable, the rest of the agreement will continue in effect.

33. If any legal action is necessary to enforce these Terms and Conditions, the prevailing party shall be entitled to reasonable attorney fees, costs and expenses in addition to any other relief to which it may be entitled.

34. This agreement shall be construed under the laws of the State of Connecticut. Any controversy arising from or in connection with this agreement or the services provided by AutomaticAutoresponder shall be subject to exclusive jurisdiction in a court State of Michigan and in a court in Wayne County, Michigan