TERMS & CONDITIONS FOR USE OF FreeFollowUp.biz SERVICES
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. BY USING THIS WEBSITE AND SERVICES YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE THEN DO NOT USE THIS WEBSITE OR THE SERVICE IT PROVIDES.
1. FreeFollowUp.biz ("FreeFollowUp.biz"), a division of GetWebActive Dynamic Application Programming, owns and operates the FreeFollowUp.biz Autoresponder Service ("FreeFollowUp.biz Autoresponder Service") which provides cooperative advertising, a means of transferring information "on demand" across the Internet and other services.
2. To become a member of the FreeFollowUp.biz Autoresponder Service and/or utilize FreeFollowUp.biz's services, you are required to agree to the following Terms of Service. Your FreeFollowUp.biz Services may immediately be terminated by FreeFollowUp.biz upon the breach of any of the conditions of the Terms of Service, and the breaching user will, without more being done, be removed and banned from further use of the FreeFollowUp.biz Autoresponder Service and shall forfeit any rights obtained from the FreeFollowUp.biz Services.
3. Becoming a member of the FreeFollowUp.biz Autoresponder Service or otherwise using the FreeFollowUp.biz Services shall constitute an express acceptance of the terms and conditions stated in this document.
4. Services provided by FreeFollowUp.biz may be used only for lawful purposes. Transmitting or storing any data, information or material in violation of any United States Federal, State or City law is prohibited. You agree to indemnify and hold harmless FreeFollowUp.biz, its parent company and others as specified in section 27 below.
5. FreeFollowUp.biz exercises no control whatsoever over the content of the information passing through the FreeFollowUp.biz Autoresponder Service. You understand and agree that you are solely responsible for the content of the materials sent by your use of the services provided by FreeFollowUp.biz.
6. Internet Conduct - Spam Prohibited. The following actions may result in the immediate termination of your FreeFollowUp.biz membership(s) without recourse (a) posting messages that contain your FreeFollowUp.biz address in Usenet newsgroups that are unrelated to your product or service; (b) forging, your "From" Address in an email message, or newsgroup posting, with any FreeFollowUp.biz address, (c) using as your "Reply-To" address in any email message or newsgroup posting any FreeFollowUp.biz address; (d) using as your "Remove" address in any email message any FreeFollowUp.biz address; or (d) sending unsolicited email messages that contain your FreeFollowUp.biz address. In addition to termination of your membership, if FreeFollowUp.biz suffers any service interruptions as a result of your violation of these terms and conditions you agree to pay $200.00 per hour until service is restored. FreeFollowUp.biz reserves the right to take legal action against any member found violating this policy. You understand and acknowledge that you are solely responsible for mail received and/or sent on your behalf. FreeFollowUp.biz will be the sole arbiter as to what constitutes a violation of this provision.
7. FreeFollowUp.biz may modify this agreement at any time and in any manner. Unless stated otherwise, any modification shall become effective immediately upon your being notified of the modification. Notice is deemed to have occurred upon either a posting of the change on the FreeFollowUp.biz web site, electronic mail or conventional mail which inform you of the change. If any such modification to this agreement is unacceptable to you, you may terminate your FreeFollowUp.biz membership(s) as specified in section 29 below immediately and without further penalty or sanction. Your continued membership in the FreeFollowUp.biz Autoresponder Service, or any utilization of the FreeFollowUp.biz Services following notice of any modification to this agreement shall conclusively be deemed to be an acceptance of all terms of such modification(s).
8. You acknowledge that the basic FreeFollowUp.biz Autoresponder Service is a free service supported by advertisers. Except for paying members, when delivered each FreeFollowUp.biz Autoresponder message will indicate it is from FreeFollowUp.biz when delivered. The advertisements and information provided through the FreeFollowUp.biz Autoresponder Service are protected by copyright law, international treaties and other relevant laws. The advertisements and information you receive through the FreeFollowUp.biz Autoresponder Service is for your private and non-commercial use only. You will not resend or further distribute the information that you receive without obtaining the prior written consent of FreeFollowUp.biz.
9. FreeFollowUp.biz grants Members a non-exclusive, revocable license to apply any icons, buttons, banners and web forms which FreeFollowUp.biz makes available to Members in Member's Account Headquarters to your web site only. You are solely responsible for the development, operation, and maintenance of your web site and for all materials that appear on your website. You agree that FreeFollowUp.biz cannot be held liable for any damage done by the use or application of the aforementioned icons, banners, buttons or web forms.
10. FreeFollowUp.biz reserves the right to send you, from time to time, email messages. Such messages may include FreeFollowUp.biz system updates, flash bulletins, order confirmations, administrative announcements, requests, special offers and promotions from third party organizations that might be beneficial, etc.
11. FreeFollowUp.biz reserves the right to present advertisements within the FreeFollowUp.biz.com website.
12. As a member you may optionally take advantage of a paid version of the FreeFollowUp.biz Autoresponder Service. Becoming a paid member allows you to opt out of the FreeFollowUp.biz Ad Exchange which eliminates ads from being displayed with your FreeFollowUp.biz forms. You acknowledge that if you opt out of the Ad Exchange your ad will no longer be displayed in the FreeFollowUp.biz Ad Exchange and you will not receive any email subscribers from the Ad Exchange.
13. If you choose a paid version of the FreeFollowUp.biz Autoresponder Service all payments must be in US dollars and withdrawable from a US bank. You are responsible for providing up-to-date payment information. FreeFollowUp.biz will not be held responsible should the payment information you provide become out-of-date.
You authorize FreeFollowUp.biz to charge the credit card or the Paypal account entered on the subscription form for those charges for the FreeFollowUp.biz Autoresponder Service that may accrue from month to month, or for any past-due balances, in order to bring the account to current status. Credit card and Paypal account payments will be billed and charged automatically and FreeFollowUp.biz may charge or withdraw the amount due from the provided card or Paypal account at any time.
FreeFollowUp.biz reserves the right to change the rate by notifying you at the email address you provided FreeFollowUp.biz, 30 or more days in advance of the effective date of the change.
If you have a past due balance your service may be interrupted. Such interruption does not relieve you from the obligation to pay the monthly charge. Only a written request to terminate your service which is confirmed by FreeFollowUp.biz relieves you of your obligation to pay the monthly account charge.
If you have a past due balance for 24 days or more your account is in default. Accounts in default are subject to a late payment charge of $25 and an interest charge of 1.5% per month on the outstanding balance. If the subscriber's state law does not allow an interest rate of 1.5% per month, the maximum allowable rate for the subscriber's state will be charged. If a members check is returned by the bank as unredeemable, the member will be deemed to be in default, and will be liable for a "returned check" charge of $25. If your account defaults, you agree to pay FreeFollowUp.biz its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.
All files, information and email under the account will be preserved for 24 days from the date the payment is due. If your payment is not received after 24 days from due date, all files, information and mail under your account will be deleted. If you wish to use the FreeFollowUp.biz Autoresponder Service again, the member must re-apply as a new member. You agree that any free trials are not available in the event that you reapply for membership.
14. You understand and agree that FreeFollowUp.biz does not issue refunds on any unused portion of a FreeFollowUp.biz membership including but not limited to unused subscriber allowances.
15. You agree that FreeFollowUp.biz has the right to delete all data including subscribers, messages, or other information that is stored in your account if your membership in the FreeFollowUp.biz Autoresponder Service is terminated, for any reason, by either FreeFollowUp.biz or you.
16. You agree that FreeFollowUp.biz has the right to remove and delete any or all email addresses subscribed by members for any reason including any spam complaints received or upon termination of enhanced services.
17. FreeFollowUp.biz reserves the right to refuse to grant and/or continue membership to any person or
organization in the FreeFollowUp.biz Autoresponder Service. FreeFollowUp.biz does not allow children under 13 years of age to join as members of the FreeFollowUp.biz Autoresponder Service. You will not yourself, or enable others, to use any autoresponder account participating in the FreeFollowUp.biz Autoresponder Service to distribute in any manner information on the following - Pornographic material; links or information leading to pornographic material or web sites; information or promotion which harms or attempts to harm minors in any way; information or promotion of illegal activities; racism; promotion of unsolicited email in any manner; harassment; intimidation; messages that are deemed offensive for any other reason. You will not yourself, or enable others to, transmit any information or perform any action, which may breach the legal rights of others, including but not limited to intellectual property rights, copyrights, trademarks or privacy. You will not transmit any information or perform any action which may prevent others from using the FreeFollowUp.biz services.
18. FreeFollowUp.biz reserves the right to reject any ad to be displayed as part of FreeFollowUp.biz cooperative advertising that, in its sole discretion, is inconsistent with the provisions of section 17 above.
19. The FreeFollowUp.biz name, logo, software, databases, reports, web site, and information are proprietary and FreeFollowUp.biz retains rights therein. By becoming a member of the FreeFollowUp.biz Autoresponder Service or otherwise using the FreeFollowUp.biz services, you do not acquire any rights over such FreeFollowUp.biz assets, rights or licenses, other than what is explicitly granted to you under this document. FreeFollowUp.biz reserves the right to restrict the use of its name, logo, software, databases, reports, systems, lists, and any information created or obtained by FreeFollowUp.biz.
20. The FreeFollowUp.biz Autoresponder Service is personal in nature. You may not resell, lease, rent, transfer, or otherwise provide access to the FreeFollowUp.biz account without prior written approval from FreeFollowUp.biz.
21. You agree that your Account information (name, Autoresponder address, number of requests, etc.) may be used by FreeFollowUp.biz, including, without limitation, list of member Autoresponders, most requested Autoresponder, new Autoresponders, etc.
22. FreeFollowUp.biz promises to maintain the privacy of your personal information in accordance with our Privacy Policy. The full extent of our commitment can be found in the FreeFollowUp.biz Privacy Policy, located on the FreeFollowUp.biz Web site at http://www.FreeFollowUp.biz.com/private.htm, which you acknowledge that you have read and accept the terms therein stated.
23. All email address leads in the accounts of paid members of the FreeFollowUp.biz Autoresponder Service are held strictly confidential. The leads of paid members are never provided to any other parties for any purpose, unless required by law. The lead information is only used on FreeFollowUp.biz servers to deliver the follow up or broadcast messages designated by a paid member.
24. Affiliation Program Members of FreeFollowUp.biz who own a web site are eligible to participate in the FreeFollowUp.biz affiliation program. Participation is voluntary. FreeFollowUp.biz reserves the right to refuse to grant and/or continue participation rights to any person or organization in the FreeFollowUp.biz affiliation program. FreeFollowUp.biz grants Members participating in the affiliation program a nonexclusive, revocable license to apply the icons, buttons and banners pertaining to the affiliation program to your web site only. You are solely responsible for the development, operation, and maintenance of your web site and for all materials that appear on your website. You agree that FreeFollowUp.biz cannot be held liable for any damage done by the use or application of the aforementioned icons, banners or buttons.
Details regarding the FreeFollowUp.biz affiliation program are located on the FreeFollowUp.biz Web site at
http://www.FreeFollowUp.biz.com/affil.htm, which you acknowledge that you have read and accept the terms therein stated.
25. While FreeFollowUp.biz will make a reasonable effort to maintain a high standard of quality for our services, the FreeFollowUp.biz Autoresponder Service is provided on an As-Is basis. FreeFollowUp.biz makes no warranties of any kind, either expressed or implied, as to quality of services, quality and timeliness of ads, warranty of merchantability warranty of specific use or for specific purpose.
Advertisements and information provided through the FreeFollowUp.biz Autoresponder Service may include information and links provided by others. FreeFollowUp.biz does not verify the accuracy of such information, and providing such information or hyper-links cannot be construed as support, backing or other endorsement by FreeFollowUp.biz of such site and/or information.
26. Under no circumstances, including negligence, shall FreeFollowUp.biz, or its parent company, its officers, directors, employees, agents, partners or sponsors, be liable for damages of any kind, direct or indirect, or loss of information that result from the use of, or inability to use, the services of FreeFollowUp.biz, for any reason.
27. Upon request of FreeFollowUp.biz, you agree to defend, indemnify and hold harmless FreeFollowUp.biz, its parent company, its officers, directors, employees, agents, partners and sponsors from and against any claims, losses, liability costs and expenses (including but not limited to reasonable attorney's fees) arising from your use of the FreeFollowUp.biz Autoresponder Service, the FreeFollowUp.biz affiliation program, the Internet, or a violation of any third-party's rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights, or other breach of this agreement. This obligation will survive any termination of this agreement.
28. The information provided by FreeFollowUp.biz to you may be proprietary in nature. You acknowledge that you are not a competitor of FreeFollowUp.biz, and agree not to share this information with any FreeFollowUp.biz competitor.
29. You agree to import, access or otherwise use only lists for which all listed parties have consented to receive correspondence from you in connection with your use of the FreeFollowUp.biz website. Mere agreement of a person or entity to participate in a survey or register for an event is not consent to receive correspondence from you unrelated to such survey or event or other permission-based list.
30. All opt-in subscribers to your permission-based marketing list must subscribe themselves using the opt-in subscription form (or by click the confirm link provided in the confirmation message sent to that subscriber in the case of imported address lists.) Automated subscribing of any email address to your list(s) maintained on this site through the use of third-party websites or custom website scripting is strictly prohibited. We must be able to record the time/date of subscription including the actual I.P of the subscriber. Those found using any of these methods or any other automated method besides the provided subscription form to subscribe or confirm addresses to your list on the FreeFollowUp.biz website account will have their account and services discontinued without refund or payment of affiliate earnings.
31. Either you or FreeFollowUp.biz may terminate your membership(s) at any time without further penalty. Your only right with respect to dissatisfaction with any aspect of FreeFollowUp.biz is to terminate your membership(s). Preferred members and Free trial members are required to send a cancellation request to sales@FreeFollowUp.biz.com including at least your legal name and the email address under which you registered. Cancellation will take effect only when receipt of the cancellation request is confirmed by FreeFollowUp.biz. Free members must deactivate the account from within their FreeFollowUp.biz account. If FreeFollowUp.biz denies you access to the FreeFollowUp.biz Autoresponder Service, you shall have no right (a) to obtain any credits otherwise due to you, and such credits will be forfeited; (b) to access through FreeFollowUp.biz any materials stored on the Internet; or (c) to access any third-party providers of information, services or merchandise on the Internet through FreeFollowUp.biz, and FreeFollowUp.biz shall have no responsibility to notify such third-party providers nor shall FreeFollowUp.biz have any responsibility for any damages that result from the lack of such notification.
32. A failure by FreeFollowUp.biz to enforce your strict performance of any provision of these Terms and Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this agreement.
33. These Terms and Conditions are the entire agreement between you and FreeFollowUp.biz and supersede all previous representations, understandings or agreements.
34. If any part of these Terms and Conditions is held unenforceable, the rest of the agreement will continue in effect.
35. If any legal action is necessary to enforce these Terms and Conditions, the prevailing party shall be entitled to reasonable attorney fees, costs and expenses in addition to any other relief to which it may be entitled.
36. This agreement shall be construed under the laws of the country of Canada in the province of Ontario. Any controversy arising from or in connection with this agreement or the services provided by FreeFollowUp.biz shall be subject to exclusive jurisdiction in a court in Ottawa,ON,CANASA.