| 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 purchase
if purchaser is not fully satisfied with the ResponseMagic.com
service. 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. 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:
- 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);
- Clear and conspicuous notice of the opportunity to decline
to receive further messages from the sender; and
- 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.
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. (recognized payment service provider
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.
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