include("footer.html"); ?>
- The Opt-In-Emailer.Com account owner, (herein referred to as 'Owner') agrees to waive liabilty of Royal Responder, Inc. (the parent company) (herein referred to as 'Opt-In-Emailer.Com') from any claims resulting from misuse of the software. Owner agrees to defend, indemnify and hold harmless Opt-In-Emailer.Com and its affiliated companies, from all liabilities, claims and expenses, including attorneys' fees, arising from breach of this Agreement. Opt-In-Emailer.Com software may only be used for lawful purposes.
- By purchasing this product or any other products available on this site, you, the Owner, and any and all third-parties or assignees of said Owner, agree to use Opt-In-Emailer.Com software, or other products, in accordance with the CAN-SPAM Act and any and all applicable local, state, and federal privacy laws together with any and the European Anti-Spam Directives currently in effect or enacted in the future.
The federal CAN-SPAM law went into effect on January 1st, 2004 and preempts all state laws. While it does not outlaw spam entirely, the CAN-SPAM Act does make most spam illegal and ultimately less attractive to spammers. The law is specific about certain requirements to send commercial email and empowers the federal government to enforce the law. The penalties can include a fine and/or imprisonment for up to 5 years.
The CAN-SPAM Act set forth permission-based guidelines whereby one must send such commercial emails to only to those who have requested to receive them. The software sold on Opt-In-Emailer.Com are exclusively to send to ezine lists or otherwise compliant opt-in lists.
Further, the CAN-SPAM Act requires certain disclosures and content in the "to/from" and "subject lines" of a commercial email, as well as specific content in the message itself concerning, among other things, the ability of a recipient of a commercial email to "opt out" or no longer receive said commercial email. For more information, please read the CAN-SPAM Act and visit The Coalition Against Unsolicited Email (www.cauce.org).
Opt-In-Emailer.Com completely disclaims any and all responsibility for any Owner found to be using Opt-In-Emailer.Com's software for unlawful spamming or any other unlawful use as defined under the CAN-SPAM ACT or any and all applicable local, state and federal internet and privacy laws, including the Federal Trade Commission Telemarketing Sales Rule, 16 C.F.R. Part 310 , or with the European Anti-Spam Directives, the Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on legal aspects of information society services, in particular, electronic commerce in the Internal Market, or with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector. No owner may use the Opt-In-Emailer.Com softwarre to send unsolicited and unwanted correspondence to anyone.
- Owner understands that a valid email address is required by Opt-In-Emailer.Com for use of this software. Opt-In-Emailer.Com will NOT give your email address to any 3rd party. Any correspondence sent to you will come directly from Opt-In-Emailer.Com or Royal Responder, Inc. the parent company.
- Opt-In-Emailer.Com makes no warranties of any kind for the software it provides, whether expressed or implied. Opt-In-Emailer.Com will not be held liable for any damages suffered to owner.
- Owner agrees to receive periodic software updates and new software releases (via email) from Opt-In-Emailer.Com or Royal Responder, Inc. the parent company.
- Opt-In-Emailer.Com DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED. THE SOFTWARE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PURPOSE. Opt-In-Emailer.Com WILL NOT BE RESPONSIBLE FOR ANY LOSSES, DAMAGES OR COSTS THAT YOU AND/OR YOUR BUSINESS MAY SUFFER WHEN USING THE SOFTWARE. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS Opt-In-Emailer.Com FROM ANY CLAIMS RESULTING FROM YOUR USE OF Opt-In-Emailer.Com SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF Opt-In-Emailer.Com SOFTWARE IS AT YOUR SOLE RISK. NEITHER Opt-In-Emailer.Com NOR ITS SERVICE PROVIDERS, AGENTS, LICENSORS, EMPLOYEES SHALL HAVE ANY LIABILITY FOR ANY DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE USE OR MISUSE OF THE Opt-In-Emailer.Com SOFTWARE.
- Should any paragraph of this agreement be considered illegal, invalid, or unenforceable by a court of law, the legality, validity and enforceability of the remaining paragraphs of this agreement shall remain unaffected thereby unless otherwise stated.
- This service agreement is governed by the laws of the state of Colorado and of the United States of America.
- These Terms and Conditions supersede all previous written, verbal or implied provisions. Use of Opt-In-Emailer.Com software constitutes acceptance of these Terms and Conditions. Opt-In-Emailer.Com reserves the right to make changes and ammendments to these terms and conditions at any time. Opt-In-Emailer.Com agrees to notify account owners of any changes or ammendments by email OR by posting changes on this page.
- To report potential spam abuse please forward offending email to: Spam Email