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MyOptinEmail / Service Agreement - Terms & Conditions MyOptinEmail.com ( www.myoptinemail.com
) is a provider of newsletter software for websites. Accounts on our Internet
servers are subject to compliance with the terms and conditions below. 1. CONDUCT MyOptinEmail.com accounts may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to MyOptinEmail.com, your local jurisdiction, or any jurisdiction that you, your site, or your sales area may be subject to is strictly prohibited.
2. INDEMNIFICATION You agree to indemnify, defend, and hold harmless MyOptinEmail.com from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, MyOptinEmail.com, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account. 3. REFUSAL OR DISCONTINUANCE OF SERVICE MyOptinEmail.com reserves the right to refuse or discontinue service to anyone at MyOptinEmail.com's sole discretion. MyOptinEmail.com may deny you access to all or part of the service without notice if you engage in any conduct or activities that MyOptinEmail.com in its sole discretion believes violates any of the terms and conditions in this agreement. MyOptinEmail.com shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that MyOptinEmail.com has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself, its subscribers, or consumers. 4. NO WARRANTIES MyOptinEmail.com makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by MyOptinEmail.com or its agents or employees shall create a warranty. MyOptinEmail.com provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on or via the service is free from viruses or other harmful components. Under no circumstances shall MyOptinEmail.com be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, Affiliate Program Service, any other service we supply or are associated with, to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with MyOptinEmail.com service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service. MyOptinEmail.com will provide you a reasonable amount of technical support to assist you in integration of the MyOptinEmail.com Affiliate Program service into your website. You understand that the level, duration, and hours of availability of the support provided is determined at the sole discretion of MyOptinEmail.com, and that providing any support does not constitute a warranty of any sort, nor does it warrant that you will successfully complete the integration of the MyOptinEmail.com Affiliate Program service into your website. 5. ECPA NOTICE MyOptinEmail.com reserves the right to monitor any and all communications through or with our facilities. You agree that MyOptinEmail.com is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded. 6. IDENTIFICATION INFORMATION You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply MyOptinEmail.com with a current and truthful name, postal address, email address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any checks or credit card account that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent payment acts. You agree to inform MyOptinEmail.com in advance of any substantive changes in the nature of the commerce facilitated via your MyOptinEmail.com, and understand that implementing such changes may cause MyOptinEmail.com at its sole discretion to discontinue your service if such changes would cause violation of this agreement. 7. NO INTERFERENCE WITH OPERATION OF SYSTEM You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to. You agree to adhere to system policies as published online by MyOptinEmail.com, including restrictions on account usage, services available with your account, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at MyOptinEmail.com. You agree to abide by any and all future MyOptinEmail.com policy decisions. 8. SECURITY You agree that the security of your account password is solely your own responsibility. You further agree that if you believe that your account password has been compromised in any way, you will notify MyOptinEmail.com immediately via email. You shall be held fully responsible for any misuse or compromise to your account for which MyOptinEmail.com is not properly notified. You agree that if any security violations are believed to have occurred in association with your account, MyOptinEmail.com has the right to suspend all access to the account pending an investigation and resolution. You also agree that MyOptinEmail.com has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to facilitate sales of pirated software, illegal products or information, or other violations of law will result in account suspension and be immediately reported to the appropriate authorities. 9. TRANSMITTAL OF MATERIALS You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of MyOptinEmail.com or any other service with reference to services obtained through MyOptinEmail.com, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, MyOptinEmail.com, or any other party or parties resulting from any such conduct. 10. PAYMENT You agree to supply appropriate payment in advance for the services received from MyOptinEmail.com. You understand that failure to supply such payment in accordance with the instructions contained in the invoice will result in account suspension. You understand that MyOptinEmail.com at its sole discretion has the right to refuse to reinstate a suspended account regardless of subsequent payment attempts by you. Further, you understand that there may be fees associated with reinstatement of a suspended account. 11. PRIOR AGREEMENTS This agreement supersedes any written, electronic, or oral communication you may have had with MyOptinEmail.com or any agent or representative thereof, and constitutes the complete and total agreement between the parties. 12. SEVERABILITY If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable. 13. ANTI-SPAM POLICY My Opt-In Email Software shall not be used send out messages to email addresses which you have purchased, collected from the Internet or otherwise obtained without the consent of the recipient. If we receive one or more SPAM complaint, your account will be immediately be suspended while we investigate the complaint. If we find that you did send an unsolicited mailing your account will be terminated. 14. PROHIBITED CONTENT
15. ACKNOWLEDGEMENT By creation of an account, or continuing to maintain an account on MyOptinEmail.com servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
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