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| See for yourself how quickly messages
are sent with the Pro@utoReply Autoresponder
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For
a Limited Time! !
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Get FREE INSTALLATION And...
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This agreement is between the purchaser ("PURCHASER") of the Pro@utoReply
Autoresponder ("SOFTWARE") and
the owner of Proautoreply.com website ("SELLER").
By purchasing this SOFTWARE, the PURCHASER acknowledges to have read, understood and
agree to be bound by the the terms and conditions of this Agreement.
1. General
You agree that the SELLER may modify this agreement from time to time.
The SELLER may also discontinue providing the SOFTWARE and/or any other services it provides
at any time. You agree to be bound by any changes that the SELLER makeS to this agreement
when such changes become effective.
The PURCHASER agrees that the SELLER shall not be bound by any representations
made by third parties who the PURCHASER may use to purchase the SOFTWARE or any other
services from the SELLER, and that any statements of a general nature,
which may be posted on the SELLER'S web site or be contained in the SELLER'S
promotional materials, will not bind the SELLER. Further, the PURCHASER undstands that any
representation of income potential, success and the kind, are for illustrative purposes
only and that the PURCHASER'S own success may differ substantially from the results depicted.
2. Licenses
Standard License/Standard License w/Installation
The purchase of a "Standard License" entitles the PURCHASER
to install one copy of the the SOFTWARE for use on one website/URL.
The PURCHASER of the "Standard License" MAY NOT sell, copy, rent, distribute
in whole or in part, transfer, assign or otherwise make the SOFTWARE available
to others.
3. Installation
Under the terms of the "special offer" currently in effect, installation of the
SOFTWARE is included with the purchase of the SOFTWARE.
The PURCHASER agrees to provide to the SELLER the following information required
to install the SOFTWARE:
A)Ftp Username/Password
B)Server Username/Password (if different)
C)Sendmail path (i.e. usr/sbin/sendmail)
D)Mailbox location for incoming subscriber email
(i.e home/user/mail/domain.com/mailbox-name/inbox)
The installation of the SOFTWARE is limited to the following:
A)Configure scripts to work on the PURCHASER'S server
B)Install scripts
C)Create a cron to automate follow-up sending
D)Create a "test" autoresponder account
E)Create a html form sign up page
F)Create a html sign up "thank you" page
4. Refunds
It is the PURCHASER'S responsibilty to make sure that the requirements for
the use of the SOFTWARE are met. Payments for Licenses are non-refundable.
The SELLER, at the SELLER'S option, may refund any amount paid by the
PURCHASER for the SOFTWARE prior to the delivery of the SOFTWARE.
5. Upgrades/Support
Under the terms of the "special offer" currently in effect,
the PURCHASER is entitled to FREE
lifetime upgrades of any version the SOFTWARE that the SELLER creates with support
for such versions.
Any such updates to the SOFTWARE provided to the PURCHASER shall be governed by the terms
of the SELLER's "Terms of Agreement" then in effect.
6. Customer Communication
The SELLER from time to time, may send email communications to the PURCHASER. These
communications may be in the form of product updates, new products and/or various
other products that may be of interest to the SELLER. The PURCHASER may choose to
"opt-out" of any email communications by notifying the SELLER by
sending an email to the SELLER at an email address stated on the SELLER'S website or
that may be indicated in any such communication.
The SELLER may without limitation utizilize ANY communication received from the PURCHASER
as the SELLER chooses without notice, authorization or compensation to or from the
PURCHASER.
7. Security/Privacy
All PURCHASER information is maintained on the SELLER'S server and only available
to those with a "need to know" basis.
Except as set forth herein, all information related to the PURCHASER'S transaction(s)
with the SELLER shall remain confidential. The SELLER will not sell, barter, trade or
make available such information without prior consent from the PURCHASER. This policy
excludes making such information available under the following conditions:
A)When a request is made as part of law enforcement or judicial proceeding
B)When a request is made in conjunction with any unlawful activity, fraud, spam complaint, etc
C)When such information is part of a sale or transfer of business assets
D)When such information is exchanged with affiliated companies
8. Limitation ON Liability
THE PURCHASER ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE
SOFTWARE. IN NO EVENT SHALL THE SELLER, ITS AGENTS, CONTRACTORS OR AFFILIATES, BE LIABLE TO THE PURCHASER FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, EVEN
IF THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The PURCHASER agreeS that the SELLER's sole liability to the PURCHASER
under this agreement, and the PURCHASER'S sole remedy, in connection with the SOFTWARE or other
any service provided by the SELLER to the PURCHASER under this agreement, and for any breach of
this agreement by the SELLER, shall be limited to the fees the PURCHASER paid to the SELLER for
the SOFTWARE or any other service.
IF THE PURCHASER RESIDES IN A STATE WHICH DOES NOT PERMIT THE LIMITATION OF ELIMINATION OF
LIABILITY FOR CERTAIN TYPES OF DAMAGES, THEN THE PURCHASER AGREES THAT THE SELLER'S LIABILITY
SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.
THE SELLER DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM:
A)Access delays or interruptions to our web site or our payment processor
B)Delayed or non-delivery of the SOFTWARE or any other service provided by the SELLER
C)Errors, omissions or misstatements
D)Deletion of, failure to store, or failure to process or act upon email messages
E)Events beyond our control (i.e. acts of God)
F)The installation of the SOFTWARE by the SELLER on the PURCHASER'S web site
9. REPRESENTATIONS, WARRANTIES AND RESERVATION OF RIGHTS
The PURCHASER warrants that all information provided by the PURCHASER as part of the PURCHASER's
purchase of the SOFTWARE or any other service provided by the SELLER is complete, accurate and being
done in good faith.
The PURCHASER agrees that the SELLER makes no representations or warranties oF any kind in
connection with the PURCHASER's purchase of the SOFTWARE or any other services provided by the
SELLER.
The SELLER expressly reserves the right to refuse to sale or discontinue the
sale of the SOFTWARE or any other service the SELLER provides; to discontinue
any special offers; or to refuse to provide updates
of or support for
the
SOFTWARE as the SELLER deems necessary at the SELLER'S discretion.
10. DISCLAIMER OF WARRANTIES
THE SELLER EXPRESSLY DISCLAIM 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. THE SELLER MAKES NO WARRANTY THAT THE SOFTWARE
OR ANY OTHER SERVICES PROVIDED BY THE SELLER WILL MEET THE PURCHASER's REQUIREMENTS, OR
THAT THE SOFTWARE OR ANY OTHER SERVICE PROVIDED BY THE SELLER TO BE FREE OF DEFECTS AND
THAT ANY SUCH DEFECTS WILL BE CORRECTED. THE SELLER DOES NOT WARRANT, NOR MAKE ANY
REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, THE SOFTWARE OR ANY OTHER SERVICE PROVIDED
BY THE SELLER, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
11. VENUE, WAIVER OF TRIAL BY JURY
THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF OHIO. THE LAWS AND
JUDICIAL DECISIONS OF CUYAHOGA COUNTY, OHIO, SHALL BE USED TO DETERMINE THE VALIDITY,
CONSTRUCTION,
INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION
RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS
OF CUYAHOGOA COUNTY, OHIO.
YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE
RELATING TO OR
ARISING OUT OF THIS AGREEMENT.
12. SEVERABILITY, ENTIRETY
This Agreement constitutes the entire agreement between the parties with respect
to the subject matter herein, and all prior proposals, agreements, representations,
statements and undertakings
are hereby expressly cancelled and superseded. This Agreement may be changed,
modified or amended at any time. Any such changes, modifications or admendments
will be posted on this web site.
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