The Autoresponders Terms continued

6. Liability

6.1 We shall not be liable to the client for the contents of any outline proposals prepared by the Company for the Client which will, unless otherwise expressly agreed, be prepared only for the purpose of discussion and the development of further ideas and proposals

6.2 The company is not able to guarantee that this site or the autorespopnder email or it's server will at all times be accessible and/or available for providing the services and shall not be liable for any loss or damage arising from such inaccessability or unavailability or from your or any other persons use or inability to use this site, the server or the Autoresponder email router, or for any loss or corruption of data.

6.3 The company does not undertake:

6.3.1 to review, screen or check the truth, accuracy or content of any information posted by you or any third party; or

6.3.2 to guarantee that the Services will meet your requirements; or

6.3.3 to be able to ensure secure transmissions over the internet or guarantee an uninterrupted service, which might in turn result in the deletion or failure to transmit or store communications or data; or

6.3.4 to be responsible for any information you post to, or transmit from this site, including the use of that information.

6.4 In no event will we be liable to you for any indirect, special or other consequential damages arising in contract, tort or otherwise, including loss of profits, even if it has been advised of the possibility of such damages. The comapnies liability to you for any cause whatsoever will at all times be limited to the amount paid by you to us for the period of 30 days. The company disclaims all liability for the acts or ommissions of third parties including other users and unauthourised users.

6.5 we can accept no responsibility for the success or failure of email marketing campaigns carried out using email marketing lists provided by us.

Notwithstanding the provisions of this Condition 4, Our liability will not be limited in the case of death or personal injury directly caused by our negligence.

7. Charges applied by The Autoresponder.co.uk

7.1 All charges to clients in the UK or the European Economic Union are currently not subject to VAT but will be in the future at some stage. You will be notified 1 month in advance of and VAT to be considered.

7.1.1 Charges for the Business Service are as described from time to time on our website. You will pay these prior to commencement of your subscription to the Business Service and on each renewal of such subscription.

7.1.2 Full payment for Customised Email Marketing Plans,copy writing and HTML services must be made prior to the work being undertaken.

7.1.3 Charges for Opt-in email mailing lists depend upon the nature of the list. The Client will be advised of the cost, and prevailing terms and conditions by email. Lists will be made available upon receipt of payment.

7.2 We may from time to time, by two weeks' notice posted on this site, increase or decrease charges or add new charges associated with the Services.

7.3 Where charges have been paid in advance any increase in charges will not be applicable until renewal of your subscription.

7.4 Refunds will be made on accounts which have been active for 30 days or less. Regular monthly, quarterly or annual payments are treated as rolling installments rather than a new purchase. Your trial account period is also taken into account with calculating the 30 days refund time.

8. Termination of Subscription to The Autoresponder.co.uk

8.1 We reserve the right to terminate or suspend your subscription and the Business Service with immediate effect if you breach, or we reason to believe that you have breached any provision of these Conditions.

8.2 You may terminate your subscription at any time. Your billing agreement through Worldpay is 100% controllable by you and Worldpay do not permit us to have access to your billing account. To cancel your payments and your account simply log in to your account and follow the directions under the account management link entitled update/cancel my payments. You will be directed to Worldpay (our payment providers) where you can cancel your billing agreement direct with Worldpay without any hinderance.

9. General terms and conditions

9.1 The company shall be entitled, without any responsibility on its part, to alter, suspend or terminate any Service without notice at any time where any circumstance arises which is beyond its reasonable control.

9.2 No delay or failure by The Company in the exercise of its powers, rights or remedies hereunder will operate as a waiver of them, nor will any single exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver, to be effective, must be in writing.

9.3 If any part of these Conditions is found by any Court or competent authority to be illegal, void or unenforceable then that part shall be deemed not to be a part of these Conditions and the enforceability of the remainder of these Conditions shall not be affected.

9.4 The remedies provided in these Conditions are cumulative and are not exclusive of any remedies provided by law.

9.5 All notices to be given under these Conditions shall be given to us by e-mail at support@the-autoresponder.co.uk or to you by e-mail at any e-mail address notified by you to us.

10. Choice of Law and Jurisdiction

These Conditions shall be governed by and construed in accordance with English law and by your acceptance of these Conditions you submit to the non-exclusive jurisdiction of the English Courts.

Your licence to use the Autoresponder System provided through this website and the server (together the "e-mail service") depends on your compliance with the rules set out below ("the Rules"). Your attention is also drawn to Condition 3.2 of this websites terms and conditions.

If we receive notification or otherwise become aware of your failure to abide by the Rules you will be prohibited from using the e-mail service. However we reserve the right to terminate or suspend your access to the e-mail service at any time without notice where, in its absolute discretion, it deems it necessary or desirable to do so.

You agree to use the e-mail service only to send and receive messages and material that are related to your business aims as specified in the on-line registration form which you have completed.

You are responsible and liable for all activities conducted through your use of the e-mail service. The company will not monitor the e-mail service but reserves the right to block transmission of any e-mail at any time and to disclose any information in order to comply with any applicable law, regulation or legal process.

By using the e-mail service you agree not to engage in any of the following acts:-

1. Defame, abuse, harass, threaten or in any other way violate the legal rights of others.

2. Send vulgar, obscene, sexually explicit or racially abusive material.

3. Send any material of any nature (including, without limitation, text, graphics, video, audio or programs) which is illegal or with the intention of committing an illegal act.

4. Send any materials (including, without limitation, text, graphics, video, audio or programs) to which you do not own the copyright or other necessary consents to distribute electronically or distribute such material which is protected by intellectual property laws or by rights of privacy or which otherwise plagiarises or infringes the rights of third parties.

5. Receive any file sent by a third party that you know, or reasonably ought to know, contains text, graphics, video, audio or programs which cannot be legally distributed in such a manner.

6. Send or transmit any duplicative unsolicited advertising, promotional materials ("spamming"), junk e-mails or chain letters. If you spam, your account will be closed and billed an additional £500 in costs, your ISP will be notified and they will probably close your account with them and your website too.

7. Impersonate any person, body corporate or other form of organisation or institution.

8. Send files that contain viruses, trojan horses, worms, corrupted files, or any other similar software or programs that may damage the operation of anothers computer.

9. Falsify or delete any legal or other notices or proprietary designations or labels of the origin or source of software or any other material contained in a file that is sent by e-mail.

10. Create a false identity for the purpose of misleading others.

You acknowledge that the e-mail is a public communication which may be read by others without your knowledge.

Thank you

The Autoresponder Team