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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