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The SimplyCast services are provided by SimplyCast.com. ("We" or "SimplyCast.com") to you ("you" or "user"), subject to the terms of this agreement ("Agreement"), and the rules that may be published from time to time by SimplyCast.com. SimplyCast.com currently offers services to users who agree to abide by (i) the terms and conditions of this Agreement; (ii) the Anti-Spam & Privacy policy, and (iii) all other guidelines posted on the SimplyCast.com sites. SimplyCast.com reserves the right to revise the terms of this relationship at any time without notice to you. In addition, when using particular services of SimplyCast.com, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted by SimplyCast.com from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. Users who violate the terms of this Agreement will have their SimplyCast.com account ("Account") cancelled and they may permanently be banned from using SimplyCast.com. ENTERING a page of the SimplyCast.com application(s) WILL CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT ENTER ANY APPLICATION SITES OF THE SimplyCast.com or its affiliated SITES.
Conditions of Service:
- DESCRIPTION OF SERVICE
SimplyCast provides businesses and organizations worldwide with access to create, maintain and send online communications such as ("Email Marketing"), ("Survey 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 email marketing service with no-tolerance policy for sending unsolicited email. See our Anti-Spam Policy, for more information. - YOUR OBLIGATION
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:- You unconditionally agree to the following terms (which may be occasionally updated or changed without notice to you).
- 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 email is allowed to be sent using SimplyCast.com.
- You agree that you are the sole or designated "sender" (as per terms of the CAN-SPAM 2003 Act) when using SimplyCast.com.
- 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.
- You Agree that the "from" line shall reflect the true identity of the sender and shall not contain any deceptive or misleading information.
- 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.
- You Agree not to send unsolicited email 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.
- You Agree to use SimplyCast to send to email lists for which the recipients have opted-in to receive.
- 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 paying the premium fee required.
- You acknowledge and agree that not all email messages sent through use of SimplyCast.com will be received by their intended recipients.
- You acknowledge and agree that email campaign results will be stored on SimplyCast.com servers for no more than 90 Days, after which are subject to archiving.
- You Agree that every email message sent by you, must contain the SimplyCast.com "unsubscribe" link that allows the recipient to be removed from your list or lists.
- You agree to comply with all applicable laws, statutes, and regulations.
- You Agree not to register under a false name or use an invalid or unauthorized credit card.
- 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.
- 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 $100 per message sent to users on any suppression file.
- FEES & PAYMENTS
You are solely responsible for all charges, fees, taxes arising out of any use of your account by you or anyone else using your account. SimplyCast reserves the right to modify any fees, provided notice is given either by email or through the website.
The following conditions apply:- Once you have exceeded the free subscriber limit, you will be subject to subscription fees. You will be required to submit payment for Services (unless you have already provided payment or means of payment, such as credit card information).
- b) Payment for Services will be made by a valid credit card accepted by SimplyCast. Fees are payable in US dollars. If the monthly payment option is selected, you hereby authorize SimplyCast to charge your credit card for such amounts on a regular monthly basis. If SimplyCast is for any reason unable to process automatic payment via your credit card, SimplyCast will attempt to notify you via email and your SimplyCast account will be "Suspended" until payment is received. Amounts paid for the Services are not refundable.
- You acknowledge and agree that you are responsible for paying Fees for all email messages sent through SimplyCast.com, regardless of whether delivery of such messages to their intended recipients is prevented or blocked by any third party.
- You may cancel your Subscription at any time within your online account.
- All cancellations must be made through your account by clicking on the cancellation link on the "My Account" page. SimplyCast will not accept any cancellation requests by email or over the phone.
- There are no refunds for any fees paid.
- All Amex purchases will be billed in CDN$. Due to daily changes in the exchange rate, the total billed may fluctuate.
- 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.
- 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.
- USER ACCOUNT, PASSWORD, AND SECURITY
You will receive confirmation of your REGISTRATION upon completing the Service's SIGN-UP process. You are responsible for maintaining the confidentiality of the password for your Account, and are fully responsible for all activities that occur under your password or Account. You agree to (a) immediately notify SimplyCast.com of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. SimplyCast.com cannot and will not be liable for any loss or damage arising from your failure to comply with Section 2. - OWNERSHIP, COPYRIGHT & TRADEMARK
SimplyCast does not claim ownership of Content you submit or make available for inclusion on the Service. This also means SimplyCast claims no responsibility for any content (any information, including audio, video, text, email, or any material) that you upload, post, email, transmit or otherwise make available via the Service.
SimplyCast respects the intellectual property of others, and we ask our users to do the same. SimplyCast is a registered trademark. Any reproduction of the SimplyCast trade mark without the explicit permission of SimplyCast is strictly prohibited. - MONITORING AND REPORTING
At any time and without notification, SimplyCast reserves the right to modify the service within the acceptable boundaries of the application description. You acknowledge that SimplyCast may pre-screen all email broadcasts, and that SimplyCast and its designees shall have the right (but not the obligation) in their sole discretion to refuse or disclose any broadcast. SimplyCast is not responsible for the failure of other, third party networks and devices required to complete the technical processing and transmission of service.
We reserve the right to monitor any activity and content associated with your use of our Site, our Software, or our Services. We may investigate any reported violation of our policies or complaints and take any action we deem appropriate, including issuing warnings, suspending or terminating the Services, denying access, and/or removal of any materials on the Site. We reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. We also reserve the right to access and disclose any information relating to your use of our Site, our Software, or our Services, if we feel, in our sole discretion, that accessing or disclosing such information is necessary or appropriate in order to comply with any governmental request, protect our reputation, or to protect ourselves against potential liability. We reserve the right to remove, screen, or edit any content that violates these provisions or is otherwise objectionable to us in our absolute discretion. - VIOLATION OF CONDITIONS OF SERVICE
Failure to accept and comply with all Service Conditions will result in immediate termination from the SimplyCast service, including forfeiture of pre-paid fees. Please report any violations of the Conditions of Service to the SimplyCast Staff, support@SimplyCast.com. - NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. - MODIFICATIONS TO SERVICE
SimplyCast.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SimplyCast.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. - TERMINATION OF SERVICE
SimplyCast reserves the right to terminate your service at anytime, as a result of those actions deemed inconsistent with the spirit or nature of the Conditions of Service. This includes the forfeiture of any pre-paid services. SimplyCast shall have no liability to you or any third party because of such termination or action. - INDEMNIFICATION
You hereby agree to defend, indemnify and hold harmless SimplyCast.com and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (a) arises from any alleged breach of this Agreement, (b) arises from the content or effects of any messages you distribute using SimplyCast.com or (c) arises from your activities or postings on the SimplyCast blog or affiliate sites, (d)otherwise arises from or relates to your use of SimplyCast.com. In addition, you acknowledge and agree that SimplyCast.com has the right to seek damages when you use SimplyCast.com for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. - DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SIMPLYCAST.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) SIMPLYCAST.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMS.AC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
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