Terms of Service

1. The Service

Respond4Me 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.

Within the service, Respond4Me provides two types of accounts: Smart Responder FREE ("FREE Account") and Smart Responder PRO ("PRO Account").

2. The Customer

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

On registration, the Customer may decide whether to subscribe account to a FREE or PRO account.

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 to Terms of Service stated herein and the Respond4Me 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 Respond4Me Anti-Spam Policy.

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

The Customer is solely responsible for the content of the materials which are sent using the service provided by Implix.

The Customer understands and agrees that Respond4Me may present advertisements within the Respond4Me.com website.

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

3. Free Account

The use of FREE Account service is free of charge.

On registration at a FREE account, with no limits to the general provisions of these Terms of Service, the Customer accepts that the autoresponder system will consistently include advertisements within messages sent through the Customer's Free account.

The Customer of Free account acknowledges that the functionality of the service is limited.

The Customer may upgrade a FREE account to a PRO version.

4. PRO Account

On registration at a PRO 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 10,000.

A subscription plan is valid for a certain period of time, according to the subscription plan of his or her choice, in which Respond4Me provides the PRO 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 Respond4Me.com website.

All subscription plans include unlimited hosting of up to 10,000 subscribers and ability to send emails to them. For every additional 5,000 subscribers hosted in the account, an extra $4.50 per month as the "Expanded Mailing List Usage fee" will be charged, in arrears, after 30 days. Individual subscription plans will adjust automatically with list expansions.

Due to the dynamic sizes of mailing lists, the ongoing $4.50 per 5,000 subscriber charges cannot be pre-paid. Therefore, in the case of all Respond4Me prepaid customers (i.e. 3, 6, 12-months paid in advance), the Expanded Mailing List Usage fee will be assessed monthly, per the logic above.

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

5. Payments

The payment includes the fee for the subscription to a Pro account, phone and email Customer Support, access to special features and all applicable taxes.

The Expanded Mailing List Usage fee will be assessed if the number of subscribers hosted in the account exceeds 10,000. 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 recurrings will be issued on the first day after the expiration date of the subscription ("recurring date"). If the recurring is unsuccessful at that point, Respond4Me will retry to complete the payment in the following days.

Respond4Me sends an email to the Customer, containing a payment confirmation receipt. Respond4Me issues an invoice on request.

Respond4Me reserves at sole discretion the right to change the fees for service subscription.

6. Technical Requirements

Respond4Me 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.

7. Customer Support Service

For the PRO account Customers, Respond4Me provides customer email and phone support.

The customer may address all questions, doubts, and report errors via email to Respond4Me.com Customer Support department at: http://www.respond4me.com/web/new_support, or call US and Canada toll-free number at: 1-866-604-3884 (1-866-604-3884) (available Mon-Fri, 9AM - 5PM EST). The Customer should provide at least the account name and their name. Respond4Me does not investigate or take any action based on "anonymous" support requests.

Respond4Me assures that response shall take place within two business days after receiving a request from the Customer.

Respond4Me distributes User Guide, Frequently Asked Questions and other support materials as well as provides users' forum service in order to support the FREE account Customers.

8. 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 at: http://www.respond4me.com/web/new_support.

Upon complaint, the Customer should provide at least the account name and their name. Respond4Me 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, Respond4Me assures to undertake all measures to solve it as soon as feasible.

9. Customer Obligations

The Customer ensures with no limits a due application of the Respond4Me 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 Respond4Me has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, Respond4Me 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 Respond4Me.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 Respond4Me service infrastructure.

Respond4Me reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at its sole discretion. Respond4Me 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, Respond4Me Anti-Spam Policy or arising from custom and other best practices of conduct on the Internet.

If Respond4Me finds the Customer to be spamming or using the service for any abusive or illegal practices, a warning will be issued. If Respond4Me has any reason to believe that the Customer, despite the explicit warning, appears to perform or is performing such practices, then Respond4Me 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.

10. Privacy Policy

Respond4Me constitutes the Privacy Policy as an inherent part of these Terms of Service.

Respond4Me 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 Respond4Me Privacy Policy.

11. Anti-Spam Policy

Respond4Me constitutes the Respond4Me 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.

12. 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.

13. Right to Withdrawal

During 30 days, the Customer may withdraw from ordering a PRO account without penalty and/or obligation to state any reason. In order to exercise this right to withdrawal, the Customer should send an email message about the cancellation to the Respond4Me Billing Department at: http://www.respond4me.com/web/new_support.

Respond4Me is obliged to reimburse the total sum paid by the Customer free of charge. Such reimbursement will be carried out by Respond4Me as soon as possible.

14. Copyright

All content included on the Respond4Me.com website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Respond4Me or its content suppliers and protected by Polish, 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 cosent from the authors.

15. Trademarks

Respond4Me, Respond4Me.com, Respond4Me.com Autoresponder are trademarks of Respond4Me and Respond4Me in the Republic of Poland, the United States and other countries.

Trademarks of Respond4Me and Respond4Me 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 Respond4Me, its products and services.

16. Termination of Service

The Customer may terminate the service at anytime. If the Customer wants to terminate the PRO account service, they are required to send a cancellation request to the Respond4Me Billing Department at: http://www.respond4me.com/web/new_support, and provide at least the account name and the email address, no later than two business days prior to the recurring date. If the Customer wishes to terminate the FREE account service, they are required to deactivate the account from the Respond4Me.com web page.

Respond4Me reserves at sole discretion the right to terminate the service in the event of not receiving a due payment or a recurring payment.

Respond4Me reserves at sole discretion the right to instantly terminate the service in the event the Customer is found to be using Respond4Me services for spam activities and other unlawful practices.

Respond4Me 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.

17. Disclaimer of Warranties, Limitation of Liabilities

Respond4Me DOES NOT WARRANT FOR THE WEBSITE AND THE SERVICE IT IS PROVIDING. Respond4Me 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.

Respond4Me is not responsible for any delay or failure in performance due to Force Majeure or other occurrences that are beyond Respond4Me's reasonable control. Respond4Me is not responsible for short, temporary and accidental suspension of the service, as the result of circumstances which Respond4Me could not foresee or suspect.

The Customer recognizes that Respond4Me does not own or control other networks, information and systems outside of its own network, nor is Respond4Me responsible for performance or non-performance within such networks. Respond4Me 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. Respond4Me is in no way responsible for the conduct of its Customers and/or the content of messages sent through the system. Respond4Me 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.

Respond4Me 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.

18. Final Provisions

Respond4Me reserves the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the Respond4Me.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 Republic of Poland, excluding any such laws that might direct the application of the laws of another jurisdiction. The law of the Republic of Poland and Polish Court shall be the governing jurisdiction.