Terms of Service (TOS) &
Acceptable Use Policy (AUP)
In simple, plain English:
1. Nothing
illegal! That means (but not limited to): NO SPAMMING! No usage of
Zoomresponse's various services on illegal pornography, warez, codes,
stolen MP3's etc...
2. If you violate
Zoomresponse's Terms of Service (TOS)/Acceptable Use Policies (AUP),
Zoomresponse reserves the right to cancel or suspend your account with no
advanced notice or warning.
3. Zoomresponse also
reserves the right to refuse any refunds if you violate Zoomresponse's TOS/AUP
within the refund qualifying period.
The Legal Version
Acceptable Use Policies (AUP):
(for all accounts) Zoomresponse.com has certain ethical, legal and moral
responsibilities consisting with the use of its tools involved in the
services of email marketing, link tracking and other related services that
will be incorporated or added into Zoomresponse. Zoomresponse.com reserves
the right to suspend, deny or cancel a subscriber's access to any or all
services provided by Zoomresponse.com whenever Zoomresponse.com decides
the services it has rendered have been inappropriately used.
Use of
Zoomresponse's service constitutes acceptance and agreement to our
policies.
Web Site and Network Content/Use Provisions
(for all accounts) All services provided by Zoomresponse.com and its
underlying service providers may be used for lawful purposes only.
Transmission, storage, or presentation 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 we judge to be threatening or obscene, material protected by
trade secret and other statutes, material that would cause harm to minors,
threats and harassment, forgery, fraud, unfriendly network disruptions,
and distribution of viruses. The subscriber agrees to indemnify and hold
harmless Zoomresponse.com and it's related associates from any claims
resulting from the use of the service which damages the subscriber or any
other party. The subscriber also agrees that Zoomresponse.com may
disclose, without subscribers consent, any and all information related to
the subscriber and their service with Zoomresponse.com to any law
enforcement agent who makes a written request.
Zoomresponse.com is not responsible for any material input by anyone other
then Zoomresponse.com and/or posted to the Zoomresponse.com network by
anyone other then Zoomresponse.com. Zoomresponse.com disclaims any
liability and responsibility relating to inappropriate use or
inappropriate content of anything hosted by Zoomresponse.com that
Zoomresponse.com did not solely create and post to the Zoomresponse.com
network.
Spamming:
Zoomresponse strictly prohibits its users from sending unsolicited e-mail
messages (spamming), including, but not limited to: Posting the same, or
similar, messages to one or more Usenet or other newsgroups, forums,
e-mail mailing lists or other similar groups or lists; Posting any Usenet
or other newsgroup, forum, e-mail mailing list or other similar group, or
list articles which are off-topic or otherwise violate the rules of the
charter or other owner-published FAQ or description of the group or list;
Sending unsolicited e-mail, including commercial advertisements and
informational announcements to Internet users, or any unsolicited e-mail
that could reasonably be expected to provoke complaints; Using e-mail to
engage in harassment, whether through language, frequency or messages.
Continuing to send someone e-mail after being asked to stop is considered
harassment; Sending e-mail with falsified or obscured header or
information designed to hinder the identification of the location of what
is advertised; Collecting replies to either (i) unsolicited e-mail
messages or (ii) messages that were either sent through another provider
which violate these rules or those of the other provider. Zoomresponse
allows only COI (Closed-Loop Opt-In) mailing lists. Users who send bulk
e-mail to opt-in list must have a method of confirming or verifying
subscriptions and be able to show evidence of subscriptions for users who
complain about unsolicited e-mail. The Company's receipt of complaints
from Internet users related to e-mails received due to users use of opt inlist shall be a violation of this AUP.
Any user that gets any of Zoomresponse's IPs listed on any legitimate Spam
Block or Black hole list such as but not limited to SpamCop or Spamhaus
will be billed a $100 charge to subscribers account and additionally a
$100 per hour administrative charge to remove the block and protect our IP
ranges and mail servers.
Pornography:
Content related to pornography is prohibited on all (unless declared differently by
Zoomresponse.com) Zoomresponse accounts. Zoomresponse.com will be
the sole arbiter as to what constitutes a violation of this provision but
in general if its legal for all ages to see, its ok, if you have to be 18
or 21 to view, then it's not acceptable. Zoomresponse.com also reserves the right
not to grant account access to members who it considers, in its sole discretion, to be
religiously or racially offensive or inflammatory. Zoomresponse.com will
not tolerate any usage of it's services on or by warez sites or anything related to, promoting, or offering warez,
serial numbers, cracks, illegal mp3's or anything else that would
considered illegal by the laws governing the citizens of the United
States.
With the few exceptions listed above and below, we support the uncensored
flow of information and ideas over the internet. We do not actively
monitor the information that our subscribers transmit and receive;
however, we do react immediately to any alleged violations of any of our
policies in which case we reserve the right to monitor anything on our
network and any packet of information that traverses our network.
Service
Abuse Issues
(for all accounts): Any attempts to
undermine or cause harm to Zoomresponse.com of its
underlying service or a subscriber of Zoomresponse.com or its
underlying service providers is strictly prohibited. Zoomresponse.com
reserves the right to bill you a $500 fine if you are found to be in violation.
Network Security (for all accounts):
Subscribers are prohibited from violating or attempting to violate the
security of the Zoomresponse.com network or any of its other subscribers,
and should a violation take place, civil or criminal liability may result.
Zoomresponse.com will investigate any alleged violations and cooperate
fully with law enforcement. Violations include but are not limited to the
attempt to login to any machine which the subscriber is not exclusively
paying for, interfering with any service by DDoS attacking, mail bombing
or anything else that would be detrimental to the services that
Zoomresponse.com provides, attempting to probe or scan or test the
vulnerability of any machine on the Zoomresponse.com network, forging any
IP address, and taking any action in an attempt to receive services that
the subscriber is not paying for. A violation of any of the above may
result in immediate removal from the network.
Terms of Service (TOS)
Right To Refuse Service and Cancel Accounts
Zoomresponse.com
reserves the right not to accept accounts for any reason it deems
appropriate. We also reserve the right to cancel an account at anytime,
for any reason, other than those stated specifically in this policy
statement, without any notice. Accounts that violate any of the policies
specifically stated herein, including late payment or non-payment of fees
owed, may be canceled without notice.
Communication
Our primary means of
communications with clients, including for billing purposes and technical
support is by e-mail. You must supply us with your current e-mail address
so that we may contact you at any time. We cannot be held responsible for
not notifying you of account cancellation if you do not supply us with
your correct and current e-mail address. You should check your e-mail
regularly to make sure you do not miss an important notice. You may always
contact our support in order to check your primary e-mail address.
Technical Support
Technical Support is
available from our website under the support section. Priority is given to
the preferred medium in ALL cases. Zoomresponse.com will as far as
reasonably possible, reply to your technical support request within 48
hours, however, depending on the volume and nature of all other technical
support requests submitted at that time, actual replying time may be
longer.
Deactivation
If any of these terms
or conditions are not followed it will result in grounds for account
deactivation, usually immediately. We reserve the right to remove any account without notice if
any of the terms or conditions stated herein are violated. If such an
occurrence takes place, the fees for that month's service will not be
refunded to the subscriber. Fees for the entire month are due if the
account is active for any amount of time, even just one day during that
month.
If we deem it necessary to cancel an account for any reason other than
those specifically stated in this document, we reserve the right not to
send any notice regarding it.
Zoomresponse.com reserves the right to make any changes to its policies
and packages, pricing, bandwidth providers, IP's, and features offered at
any time as necessary and in no way implies fitness of purpose warranties.
Zoomresponse.com reserves the right to refuse service to anyone.
Zoomresponse.com reserves the right to determine what violates any of
Zoomresponse's policies.
Payment Policies
All charges are in
United States (U.S.) Dollars. All accounts are set up on a monthly
recurring payment basis. Setup fees are charged for all new accounts and
major account changes and are non-refundable. All pricing is guaranteed
for the term of the payment. The subscriber is responsible for all money
owed on the account from the time it was established to the time that the
subscriber notifies Zoomresponse.com in writing for a request for
termination of services (see cancellation by subscriber section below for
details on how to cancel). All payment is in U.S. currency and must be
paid with Visa, MC, Amex or Discover, Pay Pal on the due date. Subscribers may prepay
multiple months in advance; however, all multiple month prepayments are
non-refundable unless Zoomresponse.com cancels the subscribers account. A
subscriber who prepays and then wants to downgrade their service plan
can do so, but will not be eligible for a refund of any prepaid monies, or
a reduction in monthly charges until the prepaid period is up.
There is a $5 late fee for all payments that are not on time. This
includes all credit card payments that do not go through as of the due
date of the monthly payment because of the card being declined, expired,
no longer good, or any other problem. The subscriber authorizes
Zoomresponse.com to use whatever means necessary to effect payment for
overdue accounts or cancellation fees, if any. If a subscriber is late 3
times consecutively, the late fee will be $50 and will increment by $50
for each consecutive month subscriber is late thereafter, indefinitely.
For subscribers who pay by credit card, once a service is 8 days overdue
for payment, service will be interrupted if prior arrangements with
Zoomresponse.com have not been made. For subscribers who pay by Pay Pal,
once a service is 4 days overdue for payment, service will be interrupted
if prior arrangements with Zoomresponse.com have not been made.
If subscribers service has been disconnected for lack of payment as per
our payment policies and subscriber wishes to reconnect service, there
will be a $100 reconnect fee.
Zoomresponse.com reserves the right to turn over any debts owed to
Zoomresponse.com to a collection agency or to attorneys in that order.
Refunds and Disputes
All payments to
Zoomresponse.com are non-refundable and non pro-rateable. This includes
the setup-fees and all subsequent monthly recurring charges and any one
time fees. If you dispute a charge made to your credit card by
Zoomresponse.com and it is found that the charge was valid, you agree to
pay Zoomresponse.com a $100 administration fee.
Transfer of Service
Subscriber shall not
transfer ownership of their service with Zoomresponse to any other person
or entity without prior written consent from Zoomresponse.com. If
Zoomresponse.com agrees to allow the transfer of service, the new
subscriber must agree to the Zoomresponse.com TOS and AUP.
Service Rates
Subscriber
acknowledges that the initial costs and specifications of the service that
the subscriber is subscribing to have been disclosed to the subscriber.
Zoomresponse.com reserves the right to change pricing and specifications
of its service at any time due to market fluctuations, cost to provide
service, changes in cost of hardware etc... When changes are made to
pricing or specifications of the service Zoomresponse.com is providing
that result in lower pricing or in better specifications, Zoomresponse.com
will make every effort to pass those changes on to the subscriber,
however, in some circumstances additional fees will apply. When changes
are made to pricing or specifications of the service Zoomresponse.com is
providing that result in higher pricing or in lower specifications,
Zoomresponse.com will make every effort NOT to pass those changes on to
the subscriber. Zoomresponse.com is not obligated to change the rates and
specifications of subscribers existing service for any reason at any time,
and it will be at the sole discretion of Zoomresponse.com and based on
financial evaluations of what is required to keep Zoomresponse.com a
profitable operating company, able to provide the highest quality services
to the subscribers.
60 Day Money Back Guarantee (MBG)
All Zoomresponse.com autoresponder service packages come with a 60 day money back guarantee. If you are not completely satisfied within
the first 60 days, your monthly rental will be refunded. Zoomresponse.com
does not refund setup fees, if any. 60 day money back guarantee does not apply to
spammers (unsolicited emailers legal or not), adult sites, or service abusers. Any account on Zoomresponse.com servers that is caught spamming
(sending any unsolicited email legal or not), violating any Zoomresponse's
policies, or abusing the server in any way will automatically forfeit the
right to any refunds of any monies including the MBG. Annual pre-payments
receive a discount and forfeit their right to the money back guarantee.
Cancellation initiated by subscriber
Subscribers must
notify Zoomresponse.com in writing (and include their username, password
and domain name) using the preferred support method when they wish to
cancel their accounts and must include in that query the date they wish to
cancel. Cancellation must be initiated at least 30 days before the
cancellation date but not more then 60 days before the cancellation date
requested (after the first month of service). Subscriber is responsible
for and must pay in full all fees during the 30 days including any monthly
recurring fees. Zoomresponse will not pro-rate any charges.
Indemnification
Subscribers agrees
that it shall defend, indemnify, save and hold Zoomresponse.com harmless
from any and all demands, liabilities, losses, costs and claims, including
reasonable attorney's fees asserted against Zoomresponse.com, its agents,
its subscribers, officers and employees, that may arise or result from any
service provided or performed or agreed to be performed or any product
sold by subscriber, it's agents, employees or assigns. Subscribers agrees
to defend, indemnify and hold harmless Zoomresponse.com against
liabilities arising out of; (1) any injury to person or property caused by
any products sold or otherwise distributed in connection with
Zoomresponse's server; (2) any material supplied by subscriber infringing
or allegedly infringing on the proprietary rights of a third party; (3)
copyright infringement and (4) any defective products sold to subscriber
from Zoomresponse's server. This means if Zoomresponse.com is sued because
of a subscriber or a subscriber of a Zoomresponse's subscriber's activity,
the subscriber will pay for any and all damages and associated court costs
and attorneys fees that Zoomresponse.com incurs. The failure of
Zoomresponse or its suppliers to enforce this AUP, for whatever reason,
shall not be construed as a waiver of any right to do so at any time. You
agree that if any portion of this Policy is held invalid or unenforceable,
that portion will be construed consistent with applicable law as nearly as
possible, and the remaining portions will remain in full force and effect.
Disclaimer
Zoomresponse.com will
not be responsible for any damages your business may suffer.
Zoomresponse.com makes no warranties of any kind, expressed or implied for
any service we provide. Zoomresponse.com disclaims any warranty or
merchantability or fitness for a particular purpose. This includes loss of
data resulting from delays, non-deliveries, wrong delivery, lack of
customer backups, lack of data integrity and any and all service
interruptions caused by Zoomresponse.com and its employees. Subscriber
acknowledges that the service that is provided can be interrupted for
reasons other then the negligence of Zoomresponse.com. Subscriber agrees
that Zoomresponse.com cannot be held liable for any damages arising from
any disruption of service that is outside the direct and exclusive control
of Zoomresponse.com. Subscriber also acknowledges that the absolute limit
of any liability for anything for any reason to any subscriber at all can
never exceed an amount equivalent to the charges payable by the subscriber
to Zoomresponse.com during the period in which damages are alleged to have
occurred. Zoomresponse.com reserves the right to revise its policies at
any time without notice. Subscribers must adhere to the policies and
changes as they are made.
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