This Terms of Use is a legal document
between you, the subscriber/purchaser (referred herein as the "Client")
and ProspectingPages.com (referred herein as "Prospecting Pages"), 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 PROSPECTING PAGES SERVICE
The Service includes but may not be limited to an website subscription
and autoresponder account(s) assigned to an e-mail address(s) selected
by the Client at ProspectingPages.com. The Client has access to a web
interface, known as the "Home Office Pro 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 Prospecting Pages system. The usage of any or all information
obtained from Prospecting Pages including but not limited to our web
site is at your own risk. Prospecting Pages single accounts are intended
for the use of the account holder only.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITIES, INDEMNIFICATION.
ProspectingPages.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.
ProspectingPages.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 ProspectingPages.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
ProspectingPages.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
ProspectingPages.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 ProspectingPages.com 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.
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 Prospecting Pages 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 ProspectingPages.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 ProspectingPages.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, ProspectingPages.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
ProspectingPages.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.
ProspectingPages.com and Platinum Synergy Group Inc. has a ZERO
TOLERANCE SPAM Policy!
SPAM, Bulk Email, And Unsolicited Commercial Email - NO AUTORESPONDER
MAINTAINED ON THE ProspectingPages.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 ProspectingPages.com domain name or a
ProspectingPages.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 ProspectingPages.com AUTORESPONDER OR ITS SYSTEM TO
PROMOTE SPAM-RELATED PRODUCTS!
Users of ProspectingPages.com service units MAY NOT use the "Import
List" or "Mailing List" functions of their Prospecting Pages 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.
ProspectingPages.com is not a bulk email service nor do we condone the
mailing of unsolicited commercial email.
Prospecting Pages 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 ProspectingPages.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 ProspectingPages.com Terms of
Use Agreement and subject to possible legal action.
You agree not to provide false or misleading information on any
ProspectingPages.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
ProspectingPages.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.
ProspectingPages.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 ProspectingPages.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 ProspectingPages.com service in question as
well as all information stored within. Your credit card statement will
show payment made to "Prospecting Pages” or “Platinum Synergy Group
Inc.".
The Client agrees that ProspectingPages.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.
ProspectingPages.com service can not be transferred or used by anyone
other than the original Client/Purchaser(s). ProspectingPages.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.
ProspectingPages.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. ProspectingPages.com reserves the
right to immediately terminate your access and use of the Prospecting
Pages services without prior notice and forfeit your right to the 30-day
money back guarantee if Terms of Service are breached and/or violated.
ProspectingPages.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
ProspectingPages.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. ProspectingPages.com will not be
held responsible for charges billed to a Client who does not cancel
their Prospecting Pages subscription with Paypal. For additional
information on Paypal, contact https://www.paypal.com.
ProspectingPages.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 Prospecting Pages
services, any material that is, in ProspectingPages.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 ProspectingPages.com which might be of interest to our Client
community and/or for updates pertaining to the ProspectingPages.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
ProspectingPages.com services constitutes acceptance of these Terms of
Use.
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