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Terms and Conditions

1.0 AGREEMENT
The UnsubscribeNow.org service ("Service") is provided to you ("Subscriber") under the terms and conditions of this Terms of Service Agreement ("TOS"). UnsubscribeNow.org reserves the right, in its sole discretion, to change, modify, add or remove all or part of the TOS at any time. Subscriber will receive notice of such changes and/or modifications pursuant to Section 16.0 regarding notices.

1.1 By accepting the terms and conditions of the TOS, Subscriber (a) represents and warrants that he or she is 18 years old or older; (b) agrees to provide true, accurate, current and complete information about Subscriber as prompted by the Account Registration Form; and (c) agrees to maintain and update this information to keep it true, accurate, current and complete. If any information provided by Subscriber is untrue, inaccurate, not current or incomplete, UnsubscribeNow.org, has the right to terminate Subscriber's account and refuse any and all current or future use of the Service.

1.2 BY COMPLETING THE ACCOUNT REGISTRATION PROCESS AND CLICKING THE "CLICK TO BEGIN YOUR SUBSCRIPTION" BUTTON, YOU AGREE TO BE BOUND BY THE TOS. If these terms and conditions or any future changes are unacceptable to you, you may cancel your account pursuant to Section 6.0 regarding termination of service.

2.0 DESCRIPTION OF UNSUBSCRIBENOW.ORG SERVICE
By completing this registration, Subscriber creates a Service Account. Service package includes, secured registration of Subscriber’s email address(es) into the UnsubscribeNow.org’s Opt-out database.

2.1 Public domain screening and Opt-out list management - Unsolicited commercial emails are harvested through UnsubscribeNow.org’s screening network, commercial message Opt-out links are intercepted and registered into the UnsubscribeNow.org’s Opt-out database.

2.2 Service control panel - Subscribers enter their user name and password to access their UnsubscribeID control panel. The UnsubscribeID control panel makes available 10 email registration slots which are used to add or remove the Subscribers email address(es) to/from UnsubscribeNow.org’s Opt-out service. An option to purchase more email registration slots in increments of ten at-a-time is available for an additional fee.

2.3 Updated Opt-out re-submits - Subscribers email address(es) are automatically re-submitted for Opt-out processing during database refreshes.

3.0 SUBSCRIBER REPRESENTATIONS
Subscriber affirms, that he is the legal owner of the email address(es) specified in his account, an employee of the legal owner of the email address(es), or has obtained express written permission from the legal owner of the email address(es) for use of the Service with the email address(es). Subscriber expressly agrees to indemnify UnsubscribeNow.org from any claims by a third party arising from use of the Service with the specified email address(es).

4.0 ACCESS RIGHTS
The Subscriber grants UnsubscribeNow.org permission to access the email address(es) monitored by the Service as part of his account services. Subscriber acknowledges that the Service will involve continued access by the Service to the specified email address(es) monitored.

5.0 FEES
The Subscriber agrees to pay UnsubscribeNow.org the specified subscription fee for the specified service.

5.1 BILLING: You will be charged for your first month subscription to the UnsubscribeNow.org service. 30 days prior to your subscription ending, we will attempt to notify you via the email address registered when you first applied with an option to cancel renewal or continue your subscription.

6.0 TERMINATION

6.1 Either Subscriber or UnsubscribeNow.org may terminate the Service with or without cause at any time and effective immediately and without prior notice. UnsubscribeNow.org may terminate by a written or email notice to the Subscriber. For verification purposes, notices of termination initiated by Subscriber must be sent with username and password by contacting UnsubscribeNow.org accounts support.

UnsubscribeNow.org shall not be liable to Subscriber or any third party for termination of Service. Should Subscriber object to any terms and conditions of the TOS or any subsequent modifications hereto or become dissatisfied with the Service in any way, Subscriber's sole recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service Subscribership; and (3) notify UnsubscribeNow.org of termination. Upon termination of the Service, Subscriber's right to use the Service immediately ceases. Subscriber shall have no right and UnsubscribeNow.org shall have no obligation thereafter to forward any information associated with Subscriber's account. Any amounts paid for the year in which you cancel are non-refundable.

6.2 Termination. Either party may terminate the TOS on thirty (30) days notice if the other party has materially breached or is otherwise not in compliance with any provision of the TOS, and such breach or noncompliance is not cured within such thirty (30) day period. UnsubscribeNow.org reserves the right to immediately suspend any customer access to UnsubscribeNow.org Services until such breach or noncompliance is cured.

6.3 Termination for Illegal or Other Activity. Notwithstanding the foregoing, UnsubscribeNow.org may, but has no duty to, immediately terminate Subscriber and remove it from UnsubscribeNow.org servers if UnsubscribeNow.org in its sole discretion concludes that Subscriber is engaged in illegal activities or the sale of illegal or harmful goods or services, or is engaged in activities or sales that may damage the rights of UnsubscribeNow.org or others. Any termination under this Section 6.3 shall take effect immediately and Subscriber expressly agrees that it shall not have any opportunity to cure.

6.4 Waiver. Subscriber expressly waives any statutory or other legal protection in conflict with the provisions of this Section 6.

6.5 Deletion of Information. Upon termination, UnsubscribeNow.org reserves the right to delete from its servers any and all information contained in Subscriber's account, including but not limited to order processing information, mailing lists, and any data generated by the Software.

6.6 The provisions of Section 13.0 (Proprietary Rights), Section 12.0 (Indemnity), and Section 7.0 (Disclaimer of Warranties and Liabilities) of this Agreement shall survive any termination of the Agreement.

7.0 DISCLAIMER OF WARRANTIES AND LIABILITIES
THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. NEITHER THIS AGREEMENT OR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE UNSUBSCRIBENOW.ORG SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT THE SOFTWARE WILL PROVIDE UNINTERRUPTED, TIMELY OR ERROR FREE SERVICE. THE SECURITY MECHANISM INCORPORATED IN THE SOFTWARE HAS INHERENT LIMITATIONS AND SUBSCRIBER MUST DETERMINE THAT THE SOFTWARE ADEQUATELY MEETS ITS REQUIREMENTS. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT ITS OWN DISCRETION AND RISK AND THAT SUBSCRIBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. UNSUBSCRIBENOW.ORG, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF UNSUBSCRIBENOW.ORG IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM SUBSCRIBERS USE OR INABILITY TO USE THE SERVICES OR THE SOFTWARE, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE SERVICES OR THE SOFTWARE. UNSUBSCRIBENOW.ORG'S LIABILITY TO SUBSCRIBER SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY SUBSCRIBER TO UNSUBSCRIBENOW.ORG OVER THE COURSE OF THE EXISTING TERM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8.0 MODIFICATIONS TO TERMS OF SERVICE
UnsubscribeNow.org may modify the terms and conditions of the TOS from time to time. Upon any change in the terms and conditions of the TOS, UnsubscribeNow.org will notify Subscriber by emailing the changes to current Subscribers. By continuing to use the service, you agree to be bound by the changes. If you do not agree to the changes, you may terminate your account at any time by contacting UnsubscribeNow.org accounts support.

9.0 MODIFICATIONS TO SERVICE
UnsubscribeNow.org reserves the right to modify or discontinue the Service with or without prior notice to Subscriber. UnsubscribeNow.org shall not be liable to Subscriber or any third party should UnsubscribeNow.org exercise its right to modify or discontinue the Service.

10.0 SUSPENSION OF SERVICE
UnsubscribeNow.org reserves the right to suspend the Service with or without cause at any time and effective immediately. Suspension will be accompanied by written or email notice pursuant to Section 16.0 regarding notices.

11.0 NO RESALE OR ASSIGNMENT OF SERVICE
Subscriber agrees not to resell or assign or otherwise transfer its rights or obligations under the TOS without the express written authorization of UnsubscribeNow.org.

12.0 INDEMNITY
Subscriber agrees to indemnify and hold harmless UnsubscribeNow.org and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including attorneys fees, made by any third party due to or arising out of Subscribers conduct, Subscribers use of the Service, the goods or services offered at Subscribers Web site, any alleged violation of the TOS, or any alleged violation of any rights of another, including but not limited to Subscribers use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with Subscribers Web site. UnsubscribeNow.org reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Subscriber, but doing so shall not excuse Subscribers indemnity obligations.

13.0 PROPRIETARY RIGHTS

13.1 UnsubscribeNow.org Intellectual Property. Subscriber acknowledges and agrees that content available from UnsubscribeNow.org or the Service, including but not limited to text, software, music, sound, logos, trademarks, service marks, photographs, graphics, or video, is protected by copyright, trademark, patent, or other proprietary rights and laws, and may not be used in any manner other than as specified in Section 12.0 above.

14.0 SUBSCRIBER PRIVACY

14.1 Subscriber Information. UnsubscribeNow.org maintains information about Subscriber and the Subscribers Data on servers, including but not limited to Subscribers account registration information, Subscriber's customer order information, and Server status records ("Subscriber Information"). Subscriber agrees that UnsubscribeNow.org may use Subscriber Information in aggregate form for marketing or other promotional purposes.

14.2 Subscriber agrees that UnsubscribeNow.org may disclose Subscriber Information in the good faith belief that such action is reasonably necessary: (a) to comply with the law; (b) to comply with legal process; (c) to enforce the TOS; (d) to respond to claims that the Subscriber Web site is engaged in activities that violate the rights of third parties; or (e) to protect the rights or interests of UnsubscribeNow.org, UnsubscribeNow.org or others; provided, however, that nothing in this section shall impose a duty on UnsubscribeNow.org to make any such disclosures.

14.3 Password. Subscriber shall receive an account specific password from UnsubscribeNow.org to provide access to the Services. Subscriber is entirely responsible for any and all activities which occur under Subscribers account and password. Subscriber agrees to keep its password confidential, to allow no other person or company to use its account, and to notify UnsubscribeNow.org promptly if Subscriber has any reason to believe that the security of its account has been compromised.

14.4 Technical Access. Subscriber acknowledges and agrees that technical processing of Subscriber Information is and may be required: (a) for the Service to function; (b) to conform to the technical requirements of connecting networks; (c) to conform to the technical requirements of the Service; or (d) to conform to other, similar technical requirements. Subscriber also acknowledges and agrees that UnsubscribeNow.org may access Subscriber's account and its contents as necessary to identify or resolve technical problems or respond to complaints about the Service.

15.0 FORCE MAJEURE
Neither party shall be liable to the other for any delay or failure in performance under the TOS resulting directly or indirectly from acts of nature or causes beyond its reasonable control.

16.0 NOTICES
Any notices or communications under the TOS shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, If to UnsubscribeNow.org, such notices shall be addressed electronically by contacting UnsubscribeNow.org support. If to Subscriber, such notices shall be addressed to the electronic or mailing address(es) specified when Subscriber opens an account with UnsubscribeNow.org.

17.0 ENTIRE AGREEMENT
The TOS constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous proposals, both oral and written, negotiations, representations, writings and all other communications between the parties.


 

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