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Terms Of Services & Disclaimers

If you do not agree to the Terms of Use, discontinue using the site immediately!

The following terms govern and apply to all the web pages, web sites, domain names, their sub-domains and sub-directories that relate to and constitute the property of Profitsender ©.

By using any of the sites of Profitsender ©, you signify your Assent and Agreement to these Terms of Use. If you do not agree to these Terms of Use, do not use the sites.

Restrictions on Use of Materials

Materials in these websites are Copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit (writen) permission. All of the trademarks on these sites are trademarks of Profitsender © or of other owners used with their permission.

Database Ownership, License, and Use

Profitsender © warrants, and you accept, that Profitsender © is the owner of the copyright of the Databases of Links to articles and resources available from time to time through all the above sites. Profitsender © reserves all rights and no intellectual property rights are conferred by this agreement.

Profitsender © grants you a non-exclusive, non-transferable license to use database(s) accessible to you subject to these Terms and Conditions. The database(s) may be used only for viewing information or for extracting information to the extent described below.

You agree to use information obtained from databases only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.

Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use.

Liability

The materials in these sites are provided "as is" and without warranties of any kind either express or implied. Profitsender © disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Profitsender © does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that these sites or the servers that make them available are free of viruses or other harmful components. Profitsender © does not warrant or make any representations regarding the use or the results of the use of the materials in these sites in terms of their correctness, accuracy, reliability, or otherwise. You (and not Profitsender © assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Under no circumstances, including, but not limited to, negligence, shall Profitsender © be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in these sites, even if Profitsender © or a Profitsender © authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.

Facts and information at these websites are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on these websites are to be used for information purposes only. The information contained on these websites and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on these websites are only offered in jurisdictions where they may be legally offered. Information provided in our websites is not all-inclusive, and is limited to information that is made available to Profitsender © and such information should not be relied upon as all-inclusive or accurate.

Links and Marks

The owner of these sites is not necessarily affiliated with sites that may be linked to these sites and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of Profitsender © and its subsidiaries and affiliates, do not imply the endorsement or approval of such websites, products, services or publications by Profitsender © or its subsidiaries and affiliates.

Certain names, graphics, logos, icons, designs, words, titles or phrases at these websites may constitute trade names, trademarks or service marks of Profitsender © or of other entities. The display of trademarks on these websites does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of state, or international or federal common law trademark and/or copyright laws and could subject the copier to legal action.

Confidentiality of Codes, Passwords and Information

You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from ProfitSender ©, and all information to which you have access through password-protected areas of websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.

Profitsender User/Client Terms Of Use & Disclaimers

  1. You will not use any spam methods in conjunction with your autoresponder. Please be sure to read our Spam Policy to understand our no spam rules.

  2. You understand and accept the following: First, your customers will never receive advertising of any form from us. Second, from time to time, we may contact you about changes and additions to our service or related services.

  3. With the exception of the stipulations above, we will never utilize your emails or your customer's emails in any way. We will not use them for our own purposes or sell the lists to others. If an account is cancelled, the emails associated with that account are deleted from the system.

  4. We maintain a master remove list. Every email that is sent out will have information in it about how to get on the master remove list that we maintain for every autoresponder on the system. Customers can add or remove their email addresses at will. When a customer adds and email address to the master remove list, the system automatically deletes that email from EVERY autoresponder on the system.

  5. Every email that is sent out will have a remove link in it to allow the customer to be removed (Unsubscribe) from that particular autoresponder database. This is different than the master remove list. It only affects an individual autoresponder.

  6. If a customer who is already subscribed to your list subscribes a second time, that customer will immediately get your first autoresponse message and be queued at the beginning of the list just like a new subscriber.

  7. All e-mail delivery prices are subject to change at any time. All fees that paid to Profit Media for Profitsender are final & non-refundable. You will be notified of the need to renew approximately 15 days before the expiration of your account. If you do not renew by the date of your account expiration, your account will immediately be suspended or even deleted from the system and all emails contained in the account will be deleted. They cannot be retrieved.

  8. Your autoresponder may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secrets or other intellectual property right used without proper authorization by their rightful owner, and material that is obscene, defamatory, is racially inflammatory or constitutes an illegal threat. You may not use Profitsender to send e-mail campaigns that link to or display sexual abuse in any way, nudity, obscene content, hate, racist or discriminative expressions, alcohol or drug sales or distribution, gambling related content, pharmaceutical related content, illegal software, viruses, or to distribute any other content that we deem inappropriate. In case such content is sent via Profitsender system, Profit Media shall take no responsibility and the user agrees and undertakes to indemnify and keep Profitsender harmless against any and all third party claims. Examples of non-acceptable content or links includes: pirated software, hacker programs or information, warez sites, MP3, and IRC bots. The autoresponder subscriber agrees to indemnify and hold harmless Profitsender.com from any claims resulting from the use of the service that damages the subscriber or any other party. We will be the sole arbiter as to what constitutes a violation of this provision.

  9. The autoresponder subscriber agrees to use this service at the subscriber's own risk. Profitsender.com specifically disclaims all warranties of merchantability and fitness for a particular purpose. The service is provided "as is" without warranty of any kind, either express or implied, at to its performance or ability to generate specific results. In no event shall Profitsender.com be liable for any loss, or loss of data, or any other damages resulting from the use of this system. The autoresponder subscriber also accepts that the internet is not a perfect medium and that service interruptions may occur from time to time for reasons known or unknown. No proration of account will be offered in the event of such a service interruption.

  10. We reserve the right to modify any and all of these terms and conditions without notice.

Other Legal Stuff

These Terms of Use will apply to every access to the websites mentioned above. Profitsender © reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from Profitsender © will be a separate, discrete transaction based on the then prevailing terms.

This Terms of Use and the license granted may not be assigned or sublet by You without written consent in advance.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State/Country where Profitsender © resides, as applied to agreements entered into and to be performed entirely within such jurisdiction. To the extent you have in any manner violated or threatened to violate Profitsender © and/or its affiliates' intellectual property rights, Profitsender © and/or its affiliates may seek injunctive or other appropriate relief and you consent to exclusive jurisdiction and venue in such courts.

If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.

Termination

  1. You may terminate this Agreement at any time by submit ticket from your client area or by sending an e-mail message to cancel@profitsender.com . Correspondence must include your first name, last name, eMail and ProfitSender username. No refunds will be issued if you terminate this Agreement.

  2. Profitsender may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Sendloop shall have no liability to you or any third party because of such termination. If ProfitSender terminates this Agreement because you violated the Anti-SPAM Policy, no refund will be issued.

These Terms of Use agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all the above sites as mentioned above and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from the above sites and and all copies thereof, whether made under the terms of this agreement or otherwise.

I have read and agree with all terms of this Notice.

We are confident that you have understood the above terms. For more information please visit the webpage at www.profitsender.com and contact with the Owner or Administrator : ProfitSender©