Global Responder Terms of Service

1. The Service

Global Responder is providing an Internet service that brings ability to promote among other things: company, website, product or service with the complete, automated email follow-up autoresponder system ("autoresponder"). In particular, the autoresponder includes but is not limited to the following: (a) email delivery mechanisms, (b) list-builder, (c) advanced automation features.

2. The Customer

The autoresponder service is provided to registered users, hereinafter referred to as "the Customer".

On registration at the service, the Customer agrees to:

(1) Fill out the registration form in current, complete and accurate data about the

Customer, as they are Prompted to do

(2) Maintain and Promptly update this data as current, complete and accurate

(3) Accept the Terms of Service stated herein and the Global Responder Anti-Spam Policy.

On registration at the service, the Customer agrees to act in compliance with the provisions of the Terms of Service and the Global Responder Anti-Spam Policy.

On registration at the service, the Customer agrees to receive commercial information about products and services of Global Responder.

The Customer is solely responsible for the content of the materials which are sent using the service Provided by Global Responder.

The Customer understands and agrees that Global Responder may present advertisements within the eContactPro.com website.

The Customer expressly agrees that use of the service is at his or her sole risk.

3. Global Responder Account

On registration of a GR 120 account, the Customer:

(a) Agrees to receive access to full autoresponder functionality

(b) Chooses a subscription plan

(c) Pays recurring fees for the service, per the subscription plan

(d) Pays additional recurring fees if the total number of subscribers saved in the account exceeds 12,000.

A subscription plan is valid for a certain period of time, according to the subscription plan of his or her choice, in which Global Responder provides the GR 120 account service to the Customer. The Customer agrees to pay recurring fees for the subscription, per the subscription plan. The recurring fee is based on the price list which is presented on the eContactPro.com website.

All GR 120 subscription plans include unlimited hosting of up to 12,000 subscribers and ability to send emails to them.

The Customer may change the subscription plan for the next subscription period without any ancillary charges.

4. Payments

The payment includes the fee for the subscription to a Global Responder account, email support, access to special features and all applicable taxes.

An Expanded Mailing List Usage fee will be assessed if the number of subscribers hosted in the account exceeds 12,000. This fee is based on the number of subscribers at their peak in a given billing period, and can be different every month, depending on the list size.

The recurring billing will be issued on the first day after the expiration date of the subscription ("recurring date"). If the recurring billing is unsuccessful at that point, Global Responder will retry to complete the payment in the following days.

Global Responder sends an email to the Customer, containing a payment confirmation receipt. Global Responder issues an invoice on request.

Global Responder reserves at sole discretion the right to change the fees for service subscription.

5. Technical Requirements

Global Responder assures that the service will operate properly on Windows 95/98/NT/2000/Me/XP platform with Internet Explorer 6.0, or higher.

The Customer realizes that the service is Provided on "as is" basis.

6. Customer Support Service

For the GR 120 account Customers, Global Responder provides customer email support.

The customer may address all questions, doubts, and report errors via email to [email protected]. The Customer should provide at least the account name and their name. Global Responder does not investigate or take any action based on "anonymous" support requests.

Global Responder assures that response shall take place within two business days after receiving a request from the Customer.

7. Complaint Procedure

The Customer accepts unconditionally that the service is distributed on "as is" basis without warranties of any kind, either expressed or implied.

The Customer is requested to submit their complaint to the Customer Support Department by sending an email to: [email protected].

Upon complaint, the Customer should provide at least the account name and their name. Global Responder does not investigate or take any action based on "anonymous" complaints.

The Customer Support Department will investigate the problem as soon as possible and advise the Customer how the issue will be processed.

The Customer has the right to be advised about the status of processing their issue.

If the problem with the service occurred, Global Responder assures to undertake all measures to resolve it as soon as feasible.

8. Customer Obligations

The Customer ensures with no limits a due application of the Global Responder Anti-Spam Policy and appropriate law provisions regarding the Processing of email addresses and other personal data of the prospects. Without any limitations, the Customer is particularly obliged not to send unsolicited messages ("spam") or undertake any unlawful practices.

The Customer is obliged to provide accurate and true registrant contact details, and maintain such details up to date.

If the Customer provides any information that is untrue, inaccurate, outdated or incomplete, or if Global Responder has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, Global Responder has the right to suspend or terminate the account and refuse any and all current or future use of the service.

The Customer may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the service, or to surreptitiously intercept any system, data or personal information from the eContactPro.com website and/or the service.

The Customer may not take any action that imposes unreasonable or disproportionately large load on the website network or other Global Responder service infrastructure.

Global Responder reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at its sole discretion. Global Responder reserves the right to refuse any and all current or future use of the service to the Customer, who intentionally or maliciously evades the obligations stated in these Terms of Service, Global Responder Anti-Spam Policy or arising from custom and other best practices of conduct on the Internet.

If Global Responder finds the Customer to be spamming or using the service for any abusive or illegal practices, a warning will be issued. If Global Responder has any reason to believe that the Customer, despite the explicit warning, appears to perform or is performing such practices, then Global Responder may take appropriate actions immediately, including disabling customer's account and terminating the service, and/or reporting the Customer and the incident to proper authorities.

9. Privacy Policy

Global Responder constitutes the Privacy Policy as an inherent part of these Terms of Service.

Global Responder will never use the information about the Customer nor their customers that is collected within the service to send any unsolicited messages or information nor share it with or sell to anyone else for such use, according to Global Responder Privacy Policy.

10. Anti-Spam Policy

Global Responder constitutes the Global Responder Anti-Spam Policy as an inherent part of these Terms of Service.

The Customer or any third party working on behalf of the Customer shall not use the service and/or the name of the service provider, or any of the trademarks of the service provider, to spam.

11. Abusive and Illegal Practices

The Customer is not allowed to associate any content provided through the service with pornography, adult rated material, child pornography, bigotry, racism, hatred, profanity, mail fraud, or any material which may be insulting to another person or company.

Furthermore, it is strictly forbidden to use the service to transmit any material that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated hereunder.

Without limiting the general prohibitions against all illegal practices, the following are expressly prohibited:

(a) Use the service to harm, or attempt to harm, minors in any way

(b) Use the service to transmit any material that threatens or encourages bodily harm or destruction of property

(c) Use the service to transmit any material that consists of pornography, adult rated material, or child pornography

(d) Use the service to make fraudulent offers to sell or buy products, items or services, or to perform any type of a financial scam, such as "pyramid schemes"

(e) Add, remove or modify the identifying header information, in an attempt to deceive or mislead

(f) Attempt to impersonate any person or service by using forged headers or other identifying information such as name, nickname, domain name, or email address. The use of anonymous re-mailers or nicknames does not constitute impersonation.

12. NO Refunds

Once payment has been received, there is no provision for any refund of any kind. Global Responder service is provided "As is" on a month-to-month basis and future service may be discontinued at any time without incurring any future obligations. To cancel a Global Responder subscription and discontinue future service, the Customer must cancel the subscription by logging into their account at www.PayPal.com and canceling the specific subscription.

13. Copyright

All content included on the eContactPro.com website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Global Responder or its content suppliers and protected by U.S. and international copyright laws. No part of this website may be reproduced or transmitted in any form or by any means without express written consent from the authors.

14. Trademarks

Global Responder, eContactPro.com, and the Global Responder Autoresponder are trademarks of Barry Gruber.

Trademarks of Global Responder and Barry Gruber may not be used in conjunction with other companies' products or services, in any manner that may cause confusion among customers and potential customers, or in any manner that discredits Global Responder, its products and services.

15. Termination of Service

The Customer may terminate the service at anytime. To cancel a Global Responder subscription and discontinue future service and  billing, the Customer must cancel the subscription by logging into their account at www.PayPal.com and canceling the specific subscription.

Upon cancellation, Global Responder may, at its discretion, delete or transfer any and all files and information related to Customer's Global Responder account. Should Customer elect to rejoin Global responder at a future date, Global Responder is not required to keep or provide the data files or information from the previous account.

Global Responder reserves at sole discretion the right to terminate the service in the event of not receiving a due payment or a recurring payment.

Global Responder reserves at sole discretion the right to instantly terminate the service in the event the Customer is found to be using Global Responder services for spam activities and other unlawful practices.

Global Responder reserves at sole discretion the right to terminate the service in the event of receiving an independent verification that the Customer provided grossly inaccurate, unreliable or false registrant contact details, or failed to keep such contact details up to date.

Upon cancellation of the Customer's subscription, any and all files, subscribers lists, and email campaigns remaining at the time of cancellation shall become the non-exclusive property of Global Responder. Global Responder may make use of the information, including subscriber lists and email campaigns, to send offers and advertisements on behalf of its customers.

This provision shall not preclude the Customer from also utilizing said subscriber lists for his/her own advertising, provided Customer has exported the lists prior to termination of service. Following termination of service, customer's use of the email campaigns, or any of the design, copy ,or graphics contained therein is strictly prohibited.

16. Disclaimer of Warranties, Limitation of Liabilities

Global Responder DOES NOT WARRANT FOR THE WEBSITE AND THE SERVICE IT IS PROVIDING. Global Responder DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE AND THE WEBSITE ARE DISTRIBUTED ON "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

Global Responder is not responsible for any delay or failure in performance due to Force Majeure or other occurrences that are beyond Global Responder's reasonable control. Global Responder is not responsible for short, temporary and accidental suspension of the service, as the result of circumstances which Global Responder could not foresee or suspect.

The Customer recognizes that Global Responder does not own or control other networks, information and systems outside of its own network, nor is Global Responder responsible for performance or non-performance within such networks. Global Responder exercises no control over and specifically denies any responsibility for the content, information, accuracy or quality of the information and/or data passing through its network or the service provided.

The use of the service is at Customer's sole risk. Global Responder is in no way responsible for the conduct of its Customers and/or the content of messages sent through the system. Global Responder is not responsible for any indirect, incidental, special, punitive or consequential damages that result from Customer's or their users' use of the service, including, without limitation, any such damage or a loss, resulting from service interruptions, delays, non-deliveries and/or misdeliveries.

Global Responder shall have no liability for any damages inflicted by the Customer or any third party, as the result of the use or misuse of the service.

17. Final Provisions

Global Responder reserves the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the eContactPro.com website, including these Terms of Service, at any time without notice.

This service shall be interpreted and construed according to, and governed by, the laws of the State of Wisconsin, USA, excluding any such laws that might direct the application of the laws of another jurisdiction. The laws of the State of Wisconsin and State Court shall provide the governing jurisdiction.