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Terms And Conditions
Service Agreement
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The account owner, (herein referred to as 'Owner') agrees to waive
liability of Royal Responder, Inc. from any claims resulting from misuse of
the service. Owner agrees to defend, indemnify and hold harmless Royal
Responder, Inc. and its affiliated companies, from all liabilities, claims and
expenses, including attorneys' fees, arising from breach of this Agreement.
ClickFlipping.com services may only be used for lawful purposes.
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Owners must adhere to the strict
'no spam' policy at Royal Responder. Spam, also called unsolicited
commercial email (UCE), will result in immediate cancellation of Owner
account. Fees paid towards owner account will not be refunded, and Owner
agrees to pay $40 per hour until service is restored, for any service
interuptions that result from owners abuse of our service. Royal Responder
reserves the right to delete a list from an account that is receiving spam
complaints in order to prevent further email from being sent.
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Owner must ONLY use the autoreply email address in the body of an
email, or on your website, in reference to receiving more information. You
must never use your Royal Responder email address as a means for anyone to
send you personal email messages. You must never use your Royal
Responder address as the "reply to", "from", or "return" address in any
correspondence. The only acceptable use is to reference your Royal
Responder address within the "body" of your email, not as the
*From* email address. You must never use your
Royal Responder address as your email address when submitting
any material to search engines, link submitters, FFA sites, banner exchanges
etc. You must never send unsolicited email to anybody that
includes a reference to Royal-Responder.Com or any of our other corporate
domains.
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Owners must adhere to the
CAN-SPAM (Bill S. 877 - took effect on January 1, 2004) regulations
regarding not sending email with descriptive subjectlines. Owner must use
their name or business name in the From: field, and not a sales pitch or
marketing message. Owners must also put their valid physical postal address
within all email messages sent by the Royal Responder service. Royal Responder
will ensure that message headers are valid and accurate and that a functional
remove link is placed in all emails sent.
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Owners must use their Royal Responder account as an autoresponder
service. Uses that are not allowed and subject to suspension of services are,
but not limited to: email forwarding, vacation or temporary leave of absence
notifications, mail list server uses (importing emails to send only one
message), generating a new list with our service from those who request
removal from a list you own, or relaying illegal content to third parties.
Royal Responder, Inc. has sole discretion over determining if a violation has
occured in regards to this paragraph.
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Owners will be required to upgrade their account to Enterprise
level when any of the following conditions are reached: 1) single pro
accounts with over 30,000 subscribers. 2) multple accounts (5 Pack and
Unlimited) with combined list totals of over 100,000 subscribers, or any
single account within the multiple account with over 30,000 subscribers. The
Enterprise account fees are $29.95 per month. For each 15,000 subscribers
above the 30,000 or 100,000 subscriber levels, there will be an additional
$5.00 per month added to the Enterprise fee of $29.95. Enterprise accounts
have unlimited autoresponder accounts. All broadcasts for Enterprise accounts
are accomplished on a multi-server platform for enhanced speed and
performance. All Enterprise accounts must be paid by credit card and be billed
on a Monthly basis. We can not accept payment for Enterprise accounts via Pay
Pal.
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Owner agrees that importing greater than 3000 leads into their
account constitutes acceptance of the stipulations placed on High Import /
Import Enabled accounts. The stipulation are as follows: (a):
these accounts have no broadcast capabilities.
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Payment for services at Royal Responder must be made in US Dollars.
Charges for services at Royal Responder are processed by PayPal (www.paypal.com)
or Verisign/Wellsfargo. Enterprise level accounts require billing via Verisign/Wellsfargo
- major credit cards only. It is the Owners responsibility to make certain the
billing information for each monthly billed account is keep current. If
billing data is not keep current, owners account will be deleted after 30 days
of none-payment. Owner agrees that Royal Responder has the right to delete
owner account, and all data associated with Owner account, if payment is not
received 30 days after it is due. If payment is by Pay Pal, Owner acknowledges
that cancellation of their subscription at Pay Pal will result in automatic
freezing of their account. An active subscription is required for the account
to be active. If payment is by credit card, the Owner authorizes Royal
Responder to charge the credit card listed on the purchase form for those
charges for Royal Responder 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 Royal
Responder may charge the amount due to the provided card at any time. Owner
agrees that Royal Responder, Inc. is not responsible for over-draft charges
that may occur when processing charges against your account. It is the owners
responsibility to make certain funds are available to cover the monthly
recurring charges.
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Royal Responder, Inc. offers a 30 day money back guarantee.
Owners has 30 days from date of purchase to cancel an account and receive a
100% refund. Refunds will not be issued for monthly recurring payments. It is
the Owners responsibility to cancel their account 3 days before monthly
billing occurs to avoid additional charges. All cancellation requests MUST
be made via the
Help Desk - accessed from within your autoresponder account login
area. If you paid for your account via Pay Pal and wish to cancel the account,
simply login to your
Pay Pal account and cancel the subscription to Royal Responder. You can
NOT cancel your account via email or by phone. Accounts that are cancelled
due to Service Agreement violation do not qualify for a refund.
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Owner agrees that Royal Responder shall have the right to FREEZE
service of Owner account at any time. Royal Responder reserves the right to
FREEZE Owners account(s) due to, but not limited to: non-payment, spam
complaints, illegal activities, or non-compliance with this service agreement.
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Royal Responder reserves the right to suspend functionality of our
autoresponder service from an Owner account due to, but not limited to:
misusing our service, for illegal or unethical practices, or non-compliance
with this service agreement.
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Owner understands that a valid email address is required by Royal
Responder, Inc. for this service. Royal Responder, Inc. will NOT give your
email address to any 3rd party. Any correspondence sent to you comes directly
from Royal Responder, Inc.
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Royal Responder, Inc. exercises no editorial control over the
content of messages sent from Owner account. Owners are prohibited from using
Royal Responder, Inc.'s autoresponder system to send any material that is,
unlawful, libelous, or hateful. Owners are prohibited from sending copyrighted
materials (content, images, concepts) in emails sent from our system, unless
the copyright is the property of the Owner. Royal Responder, Inc. has sole
discretion over determining if a violation has occured in regards to this
paragraph.
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Royal Responder, Inc. makes no warranties of any kind for the
service it provides, whether expressed or implied. Royal Responder, Inc. will
not be held liable for any damages suffered to owner, including, but is not
limited to: loss of data resulting from delays, nondeliveries of email,
misdeliveries of email, or service outages caused by Royal Responder, Inc.'s
negligence. Royal Responder, Inc. will not be held liable for any damages
suffered to owner by use of the Royal Responder autoresponder system.
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FREE Accounts will be removed on the 45 day of inactivity. Stated
differently, if a FREE account has no activity for 45 days, ie. no
subscriptions to the list, then the account will be deleted.
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Royal Responder, Inc. reserves the right to send periodic
promotional offers (via email) to FREE account owners. We will never send
promotional emails to any PRO account owners, however, often a PRO account
owner has several free accounts which 'are' subject to receiving these offers.
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Royal Responder, Inc. 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, INCLUDING
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PURPOSE. Royal Responder, Inc.
WILL NOT BE RESPONSIBLE FOR ANY LOSSES, DAMAGES OR COSTS THAT YOU AND/OR YOUR
BUSINESS MAY SUFFER WHEN USING THE SERVICE. YOU AGREE TO INDEMNIFY AND HOLD
HARMLESS Royal Responder, Inc. FROM ANY CLAIMS RESULTING FROM YOUR USE OF
SERVICE. YOU EXPRESSLY AGREE THAT USE OF SERVICE IS AT YOUR SOLE RISK. NEITHER
Royal Responder, Inc. NOR ITS SERVICE PROVIDERS, AGENTS, LICENSORS, EMPLOYEES
SHALL HAVE ANY LIABILITY FOR ANY DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS
A RESULT OF THE USE OR MISUSE OF THE SERVICE.
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Should any paragraph of this agreement be considered illegal,
invalid, or unenforceable by a court of law, the legality, validity and
enforceability of the remaining paragraphs of this agreement shall remain
unaffected thereby unless otherwise stated.
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This service agreement is governed by the laws of the state of
Colorado and of the United States of America.
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Multiple account autoresponders are for single users only. If
Royal Responder determines multiple users are accessing a single multiple
account autoresponder, or if the unlimited account is being used to provide
autoresponder services to your clients or members of your organization, said
account will be frozen and potentially deleted. Royal Responder, Inc. has sole
discretion over determining if a violation has occured in regards to this
paragraph.
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These Terms and Conditions supersede all previous written, verbal
or implied provisions. Use of Royal Responder, Inc. services constitutes
acceptance of these Terms and Conditions. Royal Responder, Inc. reserves the
right to make changes and ammendments to these terms and conditions at any
time. Royal Responder, Inc. agrees to notify account owners of any changes or
ammendments by email OR by posting changes on this page.
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