Terms of Service for the Response Magic Autoresponder.
In consideration of the mutual promises and covenants herein, the Parties hereby agree as follows:
THE RESPONSE MAGIC SERVICE
Response Magic shall provide services, including autoresponder account(s) assigned to an e-mail address(s) selected by the Client at Response Magic's website (the "Service"). The Client will have 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.
The Client is responsible for providing correct payment information. Response Magic will not be held responsible should the Client's payment information prove incorrect. If payment is by credit card or on-line cheque, the Client authorizes Paypal Inc., a payment service provider to Response Magic, to bill the credit card presented, or debit through an automated chequing account. The Client agrees that any fees assessed as a result or returned checks, declined billing or reversed charges will be borne by the purchaser. Any instance of funds being unavailable to complete this purchase will result in possible suspension of the Service, and all information stored for the Client by Response Magic.
The Client is solely responsible for all service activities while utilizing the Response Magic system.
REQUIREMENTS TO INCLUDE CERTAIN INFORMATION IN MESSAGES
The Client acknowledges and accepts that its use of the manual add, and bulk importation of contacts features of Response Magic must comply with Canadian and international law, including Canada's anti-spam legislation ("CASL"). The Client will ensure that it has the express or implied consent of the recipient before adding them through those features, and accepts full responsibility for any consequences of its failure to do so. The Client acknowledges that previously obtained consent may not be valid under CASL or may expire, and it may be required to obtain new express consent from those contacts. The Client shall maintain records of express consent obtained for each contact.
The form and content of communications sent by the client through services provided to it by Response Magic must also comply with the CASL requirements.
Response Magic will provide the Client with tools to enable the Client to comply with CASL, but assumes no responsibility for any failure by the Client to use those tools. The tools Response Magic provides include:
- CASL-compliant mailing list subscription widget for the Client's website
- An unsubscribe mechanism
- CASL-compliant script for email messages including a link to the unsubscribe mechanism, the Client's name, and both electronic and non-electronic contact details
- Automatic email to a contact upon being added to the list in order to confirm consent
The Client shall ensure that the name and contact information it provides for the scripts are true and correct. Response Magic will not be responsible for any false, misleading, or incorrect information entered by the Client.
Any ResponseMagic.com user found not to have the required information in messages will have their autoresponder privileges suspended, and will be given a reasonable amount of time to correct the default. If the default is not corrected, this Agreement shall be terminated forthwith.
USE OF SERVICE
Response Magic exercises no control over the content of information submitted by the Client through the Response Magic network. Response Magic may suspend or cancel the Service forthwith should the Client violate these use of service terms.
The Client shall not transmit on or through the Service, any material that is, in Response Magic's sole discretion, unlawful, obscene, pornographic, abusive, libelous, 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.
No site that promotes pornography or nudity will be allowed on Response Magic's servers, this includes BANNERS, CLICKER SITES, EDITORIALS, STORIES, NUDE PHOTOGRAPHS, EXPLICIT LANGUAGE, SEXUAL FICTION, or ANYTHING THAT RESPONSE MAGIC DEEMS INAPPROPRIATE FOR ITS SERVERS. If the Client publishes pornographic images, Response Magic will remove the site from its server and all monies paid by the Client will be forfeited. 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.
Response Magic has a zero-tolerance policy for spam, bulk email and unsolicited commercial email. No autoresponder maintained by Response Magic may submit or send spam messages of any type, whether directly or indirectly. This includes but is not limited to using the Service in conjunction with any other bulk email submission service or software. The use of the ResponseMagic.com domain name or a Response Magic autoresponder email address in spam or bulk email is STRICTLY PROHIBITED. If Response Magic receives a complaint of spam or bulk email originating from an autoresponder maintained on its servers, that Client's account will be subject to suspension or cancellation without notice.
The Client shall 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 otherwise problematic addresses causing excessive bounced e-mail traffic to the system. The Client may be subject to suspension or termination of the Service without notice. The Client shall indemnify Response Magic for loss of services to its other clients as a result of the Client's spamming, including Response Magic's legal fees and disbursements.
The Client shall not provide false or misleading information on any Response Magic features. This includes, but is not limited to providing a false name or e-mail address in the "FROM" field, or invalid non-electronic means of contact. Accounts using non-existent email addresses or incomplete names and addresses will be deleted immediately. The Client shall inform Response Magic in writing of changes in contact information within fifteen days of the change.
RESPONSE MAGIC RESPONSIBILITIES
Response Magic will refund a Client's full purchase price of the Service package within 30 days of initial new account purchase if the Client is not fully satisfied with the Service. All subsequent monthly charges will result in a $10 administration fee. This fee cannot be waived. 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.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITIES, INDEMNIFICATION.
RESPONSE MAGIC 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. RESPONSE MAGIC WILL NOT BE RESPONSIBLE FOR ANY LOSSES, DAMAGES OR COSTS THAT THE CLIENT MAY SUFFER WHEN USING THE SERVICE. THE CLIENG SHALL INDEMNIFY AND HOLD HARMLESS RESPONSE MAGIC OR OTHERS FROM ANY CLAIMS RESULTING FROM THE CLIENT'S USE OF THIS SERVICE. THE CLIENT AGREES THAT USE OF THE SERVICE IS AT ITS 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 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.
Response Magic 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.
The Service cannot be transferred or used by anyone other than the Client. Response Magic responders which have been transferred to other parties, or show other activity in violation of this policy, are subject to immediate cancellation without refund.
If the Client is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of Response Magic, the Client's sole and exclusive remedy is to discontinue using the Service. This includes canceling the subscription with Paypal.com. If the subscription is not cancelled, the Client may continue to be billed for the service by Paypal. Response Magic will not be 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.
Written notice to Response Magic shall be sent by email to email@example.com. Notice to the Client shall be sent to the address it has provided to Response Magic.
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.
This Agreement shall be governed by the laws of the Province of Ontario, and the laws of Canada as applicable therein.
This Agreement supersedes and replaces all previous agreements between the Parties on the subject matter herein.