This Terms of Use is a legal document between you, the subscriber/purchaser (referred herein as the "Client") and ResponseMagic.com (referred herein as "Response Magic"), owned and operated by Platinum Synergy Group Inc., an Ontario, Canada company, for the use of autoresponder account services (referred herein as the "Service").

By signing up for any of our service packages, you indicate your agreement with the terms and conditions of this Agreement.

THE RESPONSE MAGIC SERVICE
The Service includes but may not be limited to an autoresponder account(s) assigned to an e-mail address(s) selected by the Client at ResponseMagic.com. The Client has access to a web interface, known as the "Response Magic e-mail Follow-Up System" that will allow him/her to modify account(s) settings and other information.

CLIENT RESPONSIBILITIES
Client is solely responsible for all service activities while utilizing the Response Magic system. The usage of any or all information obtained from Response Magic including but not limited to our web site is at your own risk. Response Magic single accounts are intended for the use of the account holder only.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITIES, INDEMNIFICATION. RESPONSEMAGIC.COM 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. RESPONSEMAGIC.COM 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 RESPONSEMAGIC.COM AND/OR OTHERS FROM ANY CLAIMS RESULTING FROM YOUR USE OF THIS SERVICE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER RESPONSEMAGIC.COM NOR ITS SERVICE PROVIDERS, AGENTS, LICENSORS OR THEIR EMPLOYEES SHALL HAVE ANY LIABILITY FOR ANY DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE USE OR MISUSE OF THIS AUTORESPONDER SERVICE.

The transmission and/or storage of any information or material by the "Client", in violation of any Canadian Federal, Provincial and City laws or International laws is expressly prohibited. This includes, but is not limited to copyrighted material, information or data, material legally judged to be threatening or obscene, or material protected by trade secret and other statues. Adult related materials are strictly prohibited. The Client agrees to indemnify and hold harmless ResponseMagic.com and Platinum Synergy Group Inc. from any claims resulting from the use of the service which damages the Client or any other parties.

Platinum Synergy Group Inc. will refund a Client's full purchase price of an Autoresponder package within 30 days of initial new account purchase if purchaser is not fully satisfied with the ResponseMagic.com service. All subsequent monthly charges will result in a $10 administration fee. This fee cannot be waived.

Response Magic purchases automatically billed as recurring subscriptions; use of Response Magic indicates your understanding and agreement with these payment terms. Cancellation of payment subscriptions is wholly the responsibility of the Client, and can be done at http://psgadmin.platinumsynergy.com/cancel.php.

Annual renewals will be billed 30 days prior to the annual purchase anniversary date for a monthly subscription, 180 days for a 6 month subscription and 365 days for a yearly subscription. Monthly renewals will be billed every 30 days. Any renewal payment not received within the specified subscription time period will result in having the autoresponder account suspended.

REQUIREMENTS FOR INCLUSION OF CERTAIN INFORMATION IN MESSAGES

Canadian and International laws and treaties mandate that certain information be included in all commercial electronic email messages. If you are using the Response Magic system to e-mail advertisements and/or solicitations of any type, your mailings are considered commercial e-mail messages. The following rules and regulations apply to said messages:

  1. Clear and conspicuous identification that the message is an advertisement or solicitation (this does not apply to the transmission of a commercial electronic mail message if the recipient has given prior affirmative consent to receipt of the message);
  2. Clear and conspicuous notice of the opportunity to decline to receive further messages from the sender; and
  3. A valid e-mail registered in client's name.
    The law provides that it will be unlawful to send any commercial e-mail messages unless the above information is included in each message. Among other things, it also makes it unlawful to use false information in headers, false email addresses and false or misleading subject lines.

Effective immediately, all users sending commercial e-mail messages through the ResponseMagic.com system are required to include Items 1 and 3 of the above required information and comply with the law. Item 2 above, is automatically generated by our software and included in each message.

In respect to Item 1 above, it is your responsibility to maintain appropriate documentation that can show that an individual consented to receive your mailing if that is the case. It is not satisfactory to just declare that the individual opted in to your list. A showing of how, when and where by actual documentation will be needed if a claim is filed or SPAM complaint made. Purchasing an opt in list is not proof of consent that the individuals on the list consented to receive the information from you.

Any ResponseMagic.com user found to not have the required information in messages will have their autoresponder privileges suspended and given appropriate time to correct the message content. If they do not correct the messages, the service will be terminated.

Users may not include alternative Opt Out or Unsubscribe links in their emails. The only Opt Out link present in the email must be the one provided by the Response Magic System. Any emails found to contain non Reponse Magic opt out links is subject to termination without notification.

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 provincial law or regulation is expressly prohibited.

We will not accept any 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, ResponseMagic.com / Platinum Synergy Group Inc may suspend and/or cancel your account immediately.

To reiterate: No site that promotes porn or nudity will be allowed on our servers, this includes BANNERS, CLICKER SITES, EDITORIALS, STORIES, NUDE PHOTOGRAPHS, EXPLICIT LANGUAGE, SEXUAL FICTION, or ANYTHING THAT RESPONSEMAGIC.COM/PLATINUM SYNERGY GROUP INC. DEEMS INAPPROPRIATE FOR OUR SERVERS. If an existing customer publishes pornographic images, we will remove your site from our server and all monies paid will be forfeited.

ResponseMagic.com and Platinum Synergy Group Inc. has a ZERO TOLERANCE SPAM Policy!

SPAM, Bulk Email, And Unsolicited Commercial Email - NO AUTORESPONDER MAINTAINED ON THE RESPONSEMAGIC.COM 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 ResponseMagic.com domain name or a ResponseMagic.com 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 A RESPONSEMAGIC.COM AUTORESPONDER OR ITS SYSTEM TO PROMOTE SPAM-RELATED PRODUCTS!

Users of ResponseMagic.com service units MAY NOT use the "Import List" or "Mailing List" functions of their Response Magic E-mail Follow-Up Menu, to upload a list which contains a list with a high percentage of Unknown or other problematic addresses causing excessive bounced e-mail traffic to the system. The Client may be subject to suspension and/or termination of service without notice. ResponseMagic.com is not a bulk email service nor do we condone the mailing of unsolicited commercial email.

Response Magic personal accounts are for the use of the account owner only. Sharing of your account log in information or allowing anyone other that the account owner(s) (owners as being those listed on the account as the sole owner) is done at your own risk and can cause your account to be terminated. As the account owner, you are responsible for all activity in your account.

Any loss of service to ResponseMagic.com 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 ResponseMagic.com Terms of Use Agreement and subject to possible legal action.

You agree not to provide false or misleading information on any ResponseMagic.com mailing features. 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. It is the Client’s responsibility to inform ResponseMagic.com and/or Platinum Synergy Group Inc. of changes in personal information including but not limited to: Name, Address, Phone Number, E-Mail address.

GENERAL
The Client is responsible for providing correct payment information. ResponseMagic.com and Platinum Synergy Group Inc. will not be held responsible should the Client's payment information prove incorrect.

If payment is by credit card or on-line check, the Client authorizes Paypal Inc. or Beanstream Internet Commerce Inc. (recognized payment service providers of ResponseMagic.com and Platinum Synergy Group Inc.) to bill the credit card presented, or debit through an automated chequing account and agrees that any fees assessed as a result or returned checks, declined billing or reversed charges will be wholly the responsibility of the purchaser. Any instance of funds being unavailable to complete this purchase will result in possible suspension of the ResponseMagic.com service in question as well as all information stored within. Your credit card statement will show payment made to "Response Magic” or “Platinum Synergy Group Inc.".

The Client agrees that ResponseMagic.com has the right to delete all data, files or other information that is stored in the Client's account if the Client's account is cancelled or otherwise terminated, for any reason.

ResponseMagic.com service can not be transferred or used by anyone other than the original Client/Purchaser(s). ResponseMagic.com responders which have been transferred to other parties, or show other activity in violation of this policy, are subject to immediate cancellation without refund.

ResponseMagic.com shall have the right to suspend or cancel any Client's service at any time, and for any reason, without notice if any of the Terms of Use are violated. ResponseMagic.com reserves the right to immediately terminate your access and use of the Response Magic services without prior notice and forfeit your right to the 30-day money back guarantee if Terms of Service are breached and/or violated.

ResponseMagic.com reserves the right to modify its service, service rates or change its Terms of Use at any time. Any such modification or changes shall be published on its web site and all existing Clients will be notified of such changes in writing by email. The continuation of service by a Client after notification has been received will be deemed an acceptance of the new changes by the Client.

If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of ResponseMagic.com, your sole and exclusive remedy is to discontinue using the Service. This includes canceling your subscription with Paypal.com. If your subscription is not cancelled, you may continue to be billed for the service by Paypal. ResponseMagic.com will not be held responsible for charges billed to a Client who does not cancel their Response Magic subscription with Paypal. For additional information on Paypal, contact https://www.paypal.com.

ResponseMagic.com exercises no control whatsoever over the content of information passing through our network system. Clients are prohibited from transmitting on or through any of Response Magic services, any material that is, in ResponseMagic.com's sole discretion, unlawful, obscene, pornographic, abusive, libelous, or hateful, or that encourages conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, national or international law. Client's found to be violating any of the above will be terminated immediately with no refund.

Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court of law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.

By agreeing to these Terms of Use you agree to receive occasional emails from ResponseMagic.com which might be of interest to our Client community and/or for updates pertaining to the ResponseMagic.com services.

This agreement shall be governed by the laws of the Province of Ontario and Canada.

These Terms of Use supersede all previous representations, understandings or agreements and shall prevail not withstanding any variance with Terms of Use of any order submitted. Use of ResponseMagic.com services constitutes acceptance of these Terms of Use.