Interactive Marketing Terms and Conditions

SimplyCast provides businesses and organizations worldwide with access to create, maintain and send online multi-channel communications such as ("Email Marketing"), ("SMS Marketing"), ("Survey Marketing"), ("Fax Marketing"), ("Autoresponder Marketing"), ("Event Marketing") and related online communication tools to create, manage and launch online campaigns. SimplyCast’s Services may not be used for sending unsolicited email, hence, without prior consent of the email recipient. SimplyCast users must provide proof of list collection practices when requested by SimplyCast.com staff. SimplyCast.com is a permission-based online marketing service with no-tolerance policy for sending unsolicited messages. See our Anti-Spam Policy, for more information.

Please read these terms and conditions of use carefully. These terms and conditions may have changed since your last visit to this website. By using this website, you indicate your acceptance of these terms and conditions:

1. You unconditionally agree to the following terms (which may be occasionally
   updated or changed without notice to you).
   
2. You unconditionally agree to not upload or use third party mailing lists such as
   rented listed, purchased lists, or lists collected using non-permission based methods.
   Hence, no unsolicited message is allowed to be sent using SimplyCast.com.
3. You agree that you are the sole or designated "sender" (as per terms of the CAN-SPAM 2003 Act) when using SimplyCast.com.
4. You agree that the "subject" line of all messages sent using SimplyCast.com must
   not be deceptive or misleading in nature and shall reflect the content of the body of your message.
   
5. You Agree that the "from" line shall reflect the true identity of the sender and shall not contain any deceptive or misleading information.
6. You Agree to provide true, accurate, current and complete information about
   yourself as prompted by the Service's registration form (such information being the "Registration Data"). SimplyCast is an online service provided through the Internet. You are responsible for obtaining access to SimplyCast's services via a third party if necessary. You will be held responsible for any activities within your account.
   
7. You Agree not to send unsolicited message and forbidden content! This includes pornography, casino, junk mail, MLM type messages and any illegal type content. You are forbidden to use SimplyCast to present, sell or offer to sell any content that is deemed pornographic, hateful, or illegal. SimplyCast.com may only be used for lawful purposes.
8. You Agree to use SimplyCast to send to email lists for which the recipients have opted-in to receive.
9. You Agree that SimplyCast.com adds the tag line "Powered by SimplyCast.com" at the end of the message, this will only occur if you have not subscribed to removing the tag-line by selecting the appropriate package.
10. You acknowledge and agree that not all messages sent through use of SimplyCast.com will be received by their intended recipients.
11. You acknowledge and agree that campaign results will be stored on SimplyCast.com servers for no more than 90 Days, after which are subject to archiving.
12. You Agree that every message sent by you, must contain the SimplyCast.com "unsubscribe" link that allows the recipient to be removed from your list or lists.
13. You agree to comply with all applicable laws, statutes, and regulations.
14. You agree not to create more than one account when using our service, unless authorized by a company representative. This helps SimplyCast cut down on abusive accounts and eliminate multiple points of contacts for the same company.
15. You Agree not to register under a false name or use an invalid or unauthorized credit card.
16. You will not operate an account on behalf of, in connection with or resell any service to individuals and/or firms listed in the Spamhaus ‘Register of Known Spam Operations’ (ROSKO) database at http://www.spamhaus.org. If this occurs it will result in account termination and a fine of $100,000.
17. Suppression abuse will not be tolerated. Any misuse of an individual unsubscribe list, SimplyCast's internal suppression list, or any other suppression file through the SimplyCast Service will result in account termination and a fine of $100 per message sent to users on any suppression file.

1. Once you have exceeded the free subscriber limit, you will be subject to subscription fees. You will be required to submit payment for Services (unless you have already provided payment or means of payment, such as credit card information).
2. Payment for Services will be made by a valid credit card accepted by SimplyCast. Fees are payable in US dollars, unless otherwise stated. If the monthly payment option is selected, you hereby authorize SimplyCast to charge your credit card for such amounts on a regular monthly basis. If SimplyCast is for any reason unable to process automatic payment via your credit card, SimplyCast will attempt to notify you via email and your SimplyCast account will be "Suspended" until payment is received. Amounts paid for the Services are not refundable.
3. SimplyCast now allows purchased customers access to send two times (2x) more emails than the current subscription limit. The charge for “Overages” emails will be an additional 25% of the per email cost of the regular package. Please note your account will show a negative value based on the number of credits used and a charge will be applied to your account at the next billing date.
4. SimplyCast now allows purchased customers access to send two times (2x) more contacts than the current subscription limit. The charge for “overages” contacts will be an additional 25% charge based on the per contact cost of the regular package. Please note your account will show a negative value based on the number of contacts used and a charge will be applied to your account at the next billing date.
5. SimplyCast now offers a best price promise to ensure you are receiving the most competitive price available. If you are able to find a better price for comparable service to SimplyCast, please provide us with the information via email and we will honor the price provided. Please note, we have the right to decline a quote if we can’t verify the authenticity of such deal.
6. SimplyCast now offers a risk free 30-day money back guarantee for the initial payment for email based services. This offer is limited to email, lint tracking, survey, event and autoresponder services only and does not apply to any other channel unless specified herein.
7. SimplyCast will deactivate client accounts if three consecutive payment attempts are declined. This will prohibit the client to access data until the account is paid in full where the account will be reactivated.
8. Existing customers are not eligible for refund or participation in the 30-day money back guarantee once the first purchase is over the 30-day old date.
9. You agree not to apply for a chargeback to your credit card company, unless you contact the company representative first to resolve the dispute. A refund will be applied if you meet the terms of service and your request is legitimate request where a cause was determined that is satisfactory to SimplyCast.
10. You acknowledge and agree that you are responsible for paying Fees for all messages sent through SimplyCast.com, regardless of whether delivery of such messages to their intended recipients is prevented or blocked by any third party.
11. You may cancel your Subscription at any time within your online account.
    • All cancellations must be made through your account by clicking on the cancellation link on the "My Account" page. SimplyCast will not accept any cancellation requests by email or over the phone.
12. There are no refunds for any fees paid.
13. All Amex purchases will be billed in CDN$. Due to daily changes in the exchange rate, the total billed may fluctuate.
14. All charges over $300.00 must require a photocopy of the front and back of the credit card and a signature faxed to SimplyCast.com after purchase.
15. If a mailing results in a blacklisting and non-repudiatable closed-loop opt-in proof of subscription cannot be provided to SimplyCast, you will be billed a minimum of $50 cleanup charge per incident in addition to possible account cancellation.