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Privacy Policy | Terms of Service | Anti-Spam Policy
Privacy and Legal Documents
To ensure full compliance with all laws and best business practices, we publically post our important legal documents here.
This agreement sets out the legally binding terms of your use of the web site and service located at www.StressFreeContact.com (hereinafter referred to as the "Site") or any other web sites owned by Stress-Free Technologies, LLC. (hereinafter referred to as "SFT"), and may be modified by SFT from time to time, such modifications to be effective upon posting of the modified agreement. By accessing or using the Site, you agree that you have read and understand this agreement and all of its contents (hereinafter referred to as this "Agreement"), intend this Agreement to be the legal equivalent of a signed, written contract and equally binding, and that you will be subject to all of the terms and conditions set forth herein. You agree to review the Agreement periodically to be aware of any such modifications, additions, deletions or other changes, and your continued access and/or use of the Site shall be deemed your acceptance of the modified agreement.
1. Description of Service. The Service provided by SFT enables the End User to send electronic messages containing rich media content, including, but not limited to, images, videos, music, sound clips and other audiovisual and/or interactive features. Any new feature, enhancement, addition, change or upgrade to the current Service shall be subject to the terms and conditions set forth in the Agreement herein.
2. Intellectual Property. In consideration of Your use of the SFT service, SFT solely and exclusively owns all intellectual property and other rights, title and interest in and to the SFT service and all content and materials provided to you through the Service, including, but not limited to, text, software, music, sound, video, photographs, graphics and animation (hereinafter referred to as the "Content"). All such content provided by SFT and its licensors through the Service is the sole and exclusive property of SFT, and any unauthorized use of the content may violate United States federal copyright laws, patent laws, moral rights laws, trade secret laws, confidential information laws, trademark laws, unfair competition laws or other similar rights.
3. License. SFT grants you a limited, nontransferable, nonexclusive, revocable license to access and use the Service and send, compose, read, print, save and forward messages containing the Content as described and limited in this Agreement. You hereby agree to access and use the Service for its intended purposes, subject to your compliance with this Agreement, and are hereby prohibited from utilizing the Service for any other purpose or to alter the Content and/or Service in any way, including, but not limited to, removing or deleting any proprietary rights notices. This license does not include the right to collect or use information contained on the Site or through the Service for purposes prohibited by SFT, to compete with SFT, create derivative works based on any and all Content obtained through the Service, or download or copy any Content obtained through the Service (other than page caching). In addition, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer any content, information, documents, graphics or other materials or Content obtained through your use of the Service, in whole or in part, for commercial or non-commercial purposes. License to use the Service is limited to personal use by the End User; therefore, resale or commercial use of the Service or any other means to seek financial gain from providing the Service to any third party, without the express prior written consent of SFT, is strictly prohibited. By using the Service, you acknowledge and agree that portions of the Content is provided to you by third-party licensors, and you hereby agree to adhere to and comply with any such third-party's license(s) and to refrain from violating any such licensor's intellectual property rights. If you use the service in a manner that exceeds the scope of this license or breaches this Agreement, SFT may revoke the license granted to you.
4. End User Obligations. By accessing, using and/or registering for the Service, you agree to: a) provide true, accurate, complete and current user information as requested by SFT at any time; b) promptly and regularly update your user information to maintain its accuracy and completeness; c) provide for your own access to the Internet and pay any fees or costs relative to such access that is required to access the Service; d) provide all necessary equipment and/or materials necessary for you to make such connection to the Internet in order to access, use and/or register for the Service. By providing any user information that is untrue, inaccurate, incomplete and/or not current, SFT reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service, in whole or in part, by you. On occasion, we may ask you to sign an affidavit verifying the fact that your list is truly permission based.
5. End User Privacy. SFT may monitor, edit or review the contents of any Messages composed and/or sent by an End User to a third-party recipient: a) as required by law; b) in compliance with legal authorities or during any legal proceeding; c) to enforce this Agreement; d) to respond to any good faith belief or claim that such Message, or any of its contents, violates the rights or interests of any third party or violates this Agreement; and/or e) to protect the rights and/or property of SFT, its licensors or any other third party. As an End User composing and/or sending such Messages, you acknowledge and agree that technical processing of the Messages is required in order to send and receive such Message, to conform to the technical requirements of connecting networks, to conform to the limitations of the Service and its equipment, to conform to other similar technical requirements, or as otherwise noted in the SFT Privacy Policy.
6. End User Conduct. By accessing and/or using the Service, you hereby represent and warrant that you will not utilize the Service for any purpose that is unlawful and/or prohibited by the terms and conditions in this Agreement. The Service provided by SFT makes use of the Internet to compose, send and receive Messages; therefore, each End User's conduct is subject to Internet law, regulations, policies and procedures. By utilizing the Service, you shall not engage in unlawful or unethical activities through your use of the Service, including, but not limited to: a) unsolicited surveys, contests or pyramid schemes; b) defamation, libel, slander, abuse, harassment, stalking, embarrassment, threatening acts or otherwise violate the legal rights of any third party; c) publish and/or distribute inappropriate, profane, vulgar, defamatory, infringing, obscene, adult-oriented, pornographic, tortuous, indecent, unlawful, immoral or otherwise objectionable material; d) harm minors in any way, form or manner; e) harvest or collect any information about any third party, including, but not limited to, email addresses, without consent of such third party; f) record conversations or communications between or among any other third parties without the consent of such third parties; g) create false identities for the purpose of misleading any third party as to the identity of the sender of any Message or to manipulate the origin of any Message or transmission of same; h) transmit or upload any content or materials that contain viruses, trojan horses, worms, bots or any other harmful or destructive programs; i) transmit or upload any content or materials that contain software or other content that is protected by Intellectual Property Rights, including, but not limited to, copyright, trademark and patent rights, rights of privacy or publicity, or any other applicable law, unless you are the owner of such rights thereto or have received all necessary consents by the respective owners of such rights; j) transmit or upload any content or material that would encourage conduct that could constitute a criminal offense, civil liability or otherwise violate any applicable local, state, federal or international law, regulation or policy; k) interfere with, disrupt or manipulate the Service, its networks or servers, or violate the regulations, policies and procedures of such networks and servers; l) successfully gain or attempt to gain unlawful and/or unauthorized access to the Service and/or accounts, systems and networks connected to the Service by password mining or other unauthorized means; m) violate any applicable laws, policies or regulations, including, but not limited to, laws relative to the transmission of data or software exported from the United States of America through the Service and/or any other applicable local, state, federal and international law and regulation; n) interfere with any individual, entity, or any other third party's use and enjoyment of the Service; o) use the Service to advertise and/or promote any illegal activities; p) use the Service for illegal purposes; q) use the Service for promoting gambling-related products or services; r) use the Service to promote pharmaceuticals or perscription medications; s) use the Service to promote the use of alcohol, firearms or tobacco products; t) use the Service to send electronic mail transmissions to any third party that include links to any web site that violates the terms and conditions set forth in this Agreement; or u) engage in any other conduct, activity or behavior that, in SFT's sole and exclusive discretion, is considered unauthorized, illegal, immoral or objectionable.
7. Spamming. By accessing, using and/or registering for the Service, you shall not use the Service, in whole or in part, in any way, for the purpose of composing and/or sending chain letters, junk electronic mail, "spam", or any purpose that involves the utilization of distribution lists to any third party business or individual that has not given express specific permission to be included in such a distribution list. Any electronic mail advertisement that is composed and addressed to a third-party recipient with whom the sender does not have an existing business, commercial or personal relationship and which is not sent at the express request or consent of the recipient to receive such a Message from you is strictly prohibited (hereinafter referred to as "Spamming"). SFT reserves the right to immediately terminate any End User's license to access and/or use the Service if such End User uses the Service, in whole or in part, for Spamming purposes, and SFT reserves the right to seek appropriate legal action as necessary for any such violation. If you reasonably believe that any other user may be using the Service for Spamming purposes, you hereby agree that you will promptly notify SFT of any such violation.
8. Monitoring. SFT holds no obligation to monitor the Service, your use of the Service or to store the content of any end user session. However, SFT reserves the right to monitor, review, retain, store or disclose any information or content as necessary, at any time, in conjunction with any applicable law, regulation, policy, legal process and/or government or police request, or to enforce this Agreement herein at the sole discretion of SFT. You hereby agree that SFT shall be held harmless from any liability for any such monitoring, lack of monitoring, review, lack of review, retention, lack of retention and/or disclosure of content or information as described herein.
9. End User Accounts and Security. As an End User of the Service, you will receive an end user account and password to access said account. You are solely responsible for maintaining the confidentiality and security of your account and password. You are solely responsible for any and all activity that occurs within your end user account while using the Service, including, but not limited to, the content located in all electronic mail messages sent through the Service from your account. You may modify or change your password at your sole discretion, at any time, by following the instructions located on the SFT web site. You expressly agree to promptly notify SFT of any unauthorized use of your account or any other breach of security.
10. Unsolicited Submissions. SFT will not accept, review or consider any suggestions, ideas, notes, drawings, diagrams, concepts or other information (hereinafter referred to as "Information") from any End User or other third party, other than those it has specifically and expressly solicited, and SFT therefore requests that any End User or other third party refrain from sending any such Information to SFT. If any End User or other third party elects to send any suggestion, idea, note, drawing, diagram, concept or other information, any such Information shall be deemed the property of SFT. End User hereby assigns and transfers all Intellectual Property Rights in and to the Information to SFT, and End User further agrees to reasonably and promptly effectuate the assignment described herein by executing all applicable instruments and documents now or hereafter requested by SFT which are necessary to effectuate the assignment, as well as perform any other reasonable act deemed necessary by SFT to fully transfer ownership of the Information to SFT to the fullest extent possible. During any such transfer of ownership of Information from End User to SFT, SFT is not responsible or liable to provide compensation to End User in any way, form or manner for the transfer or assignment of Intellectual Property Rights in and to the Information, nor is SFT subject to any confidentiality policies on behalf of the End User regarding the Information and, therefore, shall not be liable or owe any compensation to End User for any use and/or disclosure of the Information.
11. User-Submitted Content. You, as End User, have the sole and exclusive responsibility for any content, data, text, software, music clips, sound, video, photographs, graphics, messages, files or other material that is transmitted, posted or otherwise distributed by you through the Service (hereinafter referred to as "End User Content"), including, but not limited to, the contents of your electronic mail communications, photographs posted by you on the SFT Site or through the Service. As such, you assume sole liability for all End User Materials posted by you, whether publicly or privately posted and/or transmitted. SFT is not responsible and holds no liability relative to monitoring the End User Content provided through the Service, and does not warrant, guarantee or represent, in any way, the accuracy, quality and/or integrity of the End User Materials. By utilizing the Service, you acknowledge that you may be exposed to content or other materials submitted by third parties or other users that may be offensive, indecent or otherwise objectionable, and that SFT is held harmless from any liability resulting or arising out of same. Likewise, SFT shall not be held liable for any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content transmitted through the Service.
12. Use of Service and Storage Limitations. SFT may, at its sole discretion, establish and enforce general practices, policies and limitations with regard to your use of the Service, including, but not limited to: a) the maximum number of day(s) that electronic mail messages or other uploaded content will be stored by the Service; b) the maximum number of electronic mail messages that may be sent or received by your account through the Service; c) the maximum size of any electronic mail messages that may be sent or received by your account through the Service; d) the maximum disk and/or server space that will be allotted to you on SFT's servers for your use of the Service; and/or e) the maximum number of instances and duration which you may access the Service in a given period of time. The amount of electronic mail storage on SFT's server allotted to you for your use of the Service is limited; however, additional storage space for electronic mail messages may be available to you upon payment of additional fees. SFT shall not be held liable for the deletion of an electronic mail message or the failure to compose or send an electronic mail message through use of the Service, nor is SFT liable for electronic mail messages that are not processed or sent due to space limitations or outbound message limitations. SFT reserves the right to log off the account of any end user which has been inactive for an extended period of time, at the sole discretion of SFT. SFT further reserves the right to modify, add to or otherwise change these practices, policies and limitations at any time, with or without notice to you, at its sole discretion.
13. Termination. As End User of the Service, if you disagree and/or are dissatisfied with the Service, in whole or in part, or with any provision of this Agreement, in whole or in part, or any subsequent modifications thereto, it is your sole and exclusive obligation and remedy to terminate your End User account, for any reason and at any time. To terminate your account, you must immediately discontinue your use of the Service, notify SFT of your intention to terminate your End User account, and destroy all content and materials obtained through your use of the Service, all related documentation and any originals or copies of same. Upon execution of the termination process, you must cease all use of the Service immediately, and any license granted to you by SFT to use the Service will be revoked. Termination of this Agreement and your End User account to use the Service shall not have any effect on your obligations to SFT under any other agreement or policy relating to the SFT Service. Upon termination of your End User account, SFT shall not be liable, in any way, to you or any third party for termination of your use of the Service, and SFT shall not be obligated to forward any unread, unsent or unprocessed electronic mail messages to you or any third party. SFT reserves the right to immediately terminate your End User account and your access to the Service for any violation of the terms and conditions set forth in this Agreement, with or without prior notice to you, for any reason in SFT's sole and exclusive discretion. Upon termination of your End User account and your access to the Service, you must destroy all content and materials obtained through your use of the Service, all related documentation and any originals or copies of same. Upon termination of your End User account by SFT, SFT reserves the right to immediately delete all electronic mail messages in your End User account and prohibit any and all further access to those electronic mail messages and/or your use of the Service.
14. Cancellation Policy. Since SFT is a month-to-month service, you may cancel your account at any time. Your subscription fee is prepaid so we simply require that you cancel 72 hours prior to your monthly renewal date or you will be charged your next month's subscription fee. We do not prorate nor refund our service.
All cancellations must be done through our support desk. THERE ARE NO EXCEPTIONS. To cancel, submit a support ticket through our helpdesk at www.StressFreeSupport.com. Your ticket must include your order number, email address, username, and password. Upon receipt, we will schedule your account for cancellation. Your account will remain accessible and active up until the day before your renewal date. At that time, we will permanently cancel and delete from our system your all email lists, campaigns, and reports.
Please note that until you provide us with a support ticket specifically requesting cancellation, your account will be charged monthly for your subscriptions fee. Inactivity in your account will not constitute a cancellation.
15. Disclaimer of Warranties. You expressly agree that use of the Service is at your sole risk. The Service is provided by SFT on an "as is" and "as available" basis. SFT 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. SFT makes no warranties that the Service will meet your requirements and/or be uninterrupted, timely, secure or error-free, nor does SFT make any warranty as to the accuracy or reliability of any information obtained and/or downloaded through the use of the Service or that defects in the system and software will be corrected. SFT makes no warranty regarding any goods or services purchased or downloaded through the use of the Service or any third-party links or any information obtained or transactions entered into through the use of the Service. No advice or information, whether oral or written, obtained by you from SFT shall create a warranty not expressly stated herein. Furthermore, SFT makes no warranties concerning the suitability of the content provided through the Service for any purpose.
16. Disclaimer of Liability. SFT shall not be liable for any damages whatsoever, whether direct, indirect, punitive, incidental, special or consequential, arising out of or in any way connected to the use of the Service or with the delay or inability to use the Service, or for any information, products and services obtained through use of the Service, or otherwise arising out of the utilization of the Service, whether based in contract, tort, strict liability or otherwise, even if SFT has been advised of the possibility of said damages. Furthermore, SFT shall not be liable for any damages arising from the interruption, suspension or termination of the Service, including, but not limited to, direct, indirect, incidental, special, consequential or exemplary damages, whether or not such interruption, suspension or termination was justified, negligent or intentional.
17. Modifications. SFT reserves the right to modify and/or discontinue the Service, whether temporarily or permanently, with or without notice to the users, and SFT shall not be liable to you or any third party for any such modification and/or discontinuance of the Service. SFT further reserves the right to make revisions, modifications, additions, deletions or any such changes to this Agreement at its sole discretion, at any time, with or without notice to its users.
18. Indemnification. You agree to indemnify and hold SFT, subsidiaries, affiliates, officers, agents, representatives, successors, members, principals and other partners and employees harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site or services set forth in this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations, obligations and warranties set forth above. SFT reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of SFT.
19. Jurisdiction. If there is any dispute about or involving the Service provided by SFT, by using the Service, you agree that the dispute will be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You agree to personal jurisdiction by an arbitrator or mediator and the federal courts of the State of Arizona. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial (or other) Arbitration Rules (including the Emergency Interim Relief Procedures), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
20. Severability. If any term or provision of this Agreement is determined to be illegal, unenforceable or invalid in whole or in part for any reason, such illegal, unenforceable or invalid provision(s) or part thereof shall be stricken from this Agreement, and such provision(s) shall not affect the legality, enforceability or validity of the remainder of this Agreement. If any provision or part thereof is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision that is as similar in tenor to the stricken provision as is legally possible.
21. Entire Agreement. This Agreement represents the entire agreement between you and SFT with respect to your use of the Service, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and SFT with respect to your use of the Service.
1. Description of Service. The Service provided by SFT enables the End User to send electronic messages containing rich media content, including, but not limited to, images, videos, music, sound clips and other audiovisual and/or interactive features. Any new feature, enhancement, addition, change or upgrade to the current Service shall be subject to the terms and conditions set forth in the Agreement herein.
2. Intellectual Property. In consideration of Your use of the SFT service, SFT solely and exclusively owns all intellectual property and other rights, title and interest in and to the SFT service and all content and materials provided to you through the Service, including, but not limited to, text, software, music, sound, video, photographs, graphics and animation (hereinafter referred to as the "Content"). All such content provided by SFT and its licensors through the Service is the sole and exclusive property of SFT, and any unauthorized use of the content may violate United States federal copyright laws, patent laws, moral rights laws, trade secret laws, confidential information laws, trademark laws, unfair competition laws or other similar rights.
3. License. SFT grants you a limited, nontransferable, nonexclusive, revocable license to access and use the Service and send, compose, read, print, save and forward messages containing the Content as described and limited in this Agreement. You hereby agree to access and use the Service for its intended purposes, subject to your compliance with this Agreement, and are hereby prohibited from utilizing the Service for any other purpose or to alter the Content and/or Service in any way, including, but not limited to, removing or deleting any proprietary rights notices. This license does not include the right to collect or use information contained on the Site or through the Service for purposes prohibited by SFT, to compete with SFT, create derivative works based on any and all Content obtained through the Service, or download or copy any Content obtained through the Service (other than page caching). In addition, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer any content, information, documents, graphics or other materials or Content obtained through your use of the Service, in whole or in part, for commercial or non-commercial purposes. License to use the Service is limited to personal use by the End User; therefore, resale or commercial use of the Service or any other means to seek financial gain from providing the Service to any third party, without the express prior written consent of SFT, is strictly prohibited. By using the Service, you acknowledge and agree that portions of the Content is provided to you by third-party licensors, and you hereby agree to adhere to and comply with any such third-party's license(s) and to refrain from violating any such licensor's intellectual property rights. If you use the service in a manner that exceeds the scope of this license or breaches this Agreement, SFT may revoke the license granted to you.
4. End User Obligations. By accessing, using and/or registering for the Service, you agree to: a) provide true, accurate, complete and current user information as requested by SFT at any time; b) promptly and regularly update your user information to maintain its accuracy and completeness; c) provide for your own access to the Internet and pay any fees or costs relative to such access that is required to access the Service; d) provide all necessary equipment and/or materials necessary for you to make such connection to the Internet in order to access, use and/or register for the Service. By providing any user information that is untrue, inaccurate, incomplete and/or not current, SFT reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service, in whole or in part, by you. On occasion, we may ask you to sign an affidavit verifying the fact that your list is truly permission based.
5. End User Privacy. SFT may monitor, edit or review the contents of any Messages composed and/or sent by an End User to a third-party recipient: a) as required by law; b) in compliance with legal authorities or during any legal proceeding; c) to enforce this Agreement; d) to respond to any good faith belief or claim that such Message, or any of its contents, violates the rights or interests of any third party or violates this Agreement; and/or e) to protect the rights and/or property of SFT, its licensors or any other third party. As an End User composing and/or sending such Messages, you acknowledge and agree that technical processing of the Messages is required in order to send and receive such Message, to conform to the technical requirements of connecting networks, to conform to the limitations of the Service and its equipment, to conform to other similar technical requirements, or as otherwise noted in the SFT Privacy Policy.
6. End User Conduct. By accessing and/or using the Service, you hereby represent and warrant that you will not utilize the Service for any purpose that is unlawful and/or prohibited by the terms and conditions in this Agreement. The Service provided by SFT makes use of the Internet to compose, send and receive Messages; therefore, each End User's conduct is subject to Internet law, regulations, policies and procedures. By utilizing the Service, you shall not engage in unlawful or unethical activities through your use of the Service, including, but not limited to: a) unsolicited surveys, contests or pyramid schemes; b) defamation, libel, slander, abuse, harassment, stalking, embarrassment, threatening acts or otherwise violate the legal rights of any third party; c) publish and/or distribute inappropriate, profane, vulgar, defamatory, infringing, obscene, adult-oriented, pornographic, tortuous, indecent, unlawful, immoral or otherwise objectionable material; d) harm minors in any way, form or manner; e) harvest or collect any information about any third party, including, but not limited to, email addresses, without consent of such third party; f) record conversations or communications between or among any other third parties without the consent of such third parties; g) create false identities for the purpose of misleading any third party as to the identity of the sender of any Message or to manipulate the origin of any Message or transmission of same; h) transmit or upload any content or materials that contain viruses, trojan horses, worms, bots or any other harmful or destructive programs; i) transmit or upload any content or materials that contain software or other content that is protected by Intellectual Property Rights, including, but not limited to, copyright, trademark and patent rights, rights of privacy or publicity, or any other applicable law, unless you are the owner of such rights thereto or have received all necessary consents by the respective owners of such rights; j) transmit or upload any content or material that would encourage conduct that could constitute a criminal offense, civil liability or otherwise violate any applicable local, state, federal or international law, regulation or policy; k) interfere with, disrupt or manipulate the Service, its networks or servers, or violate the regulations, policies and procedures of such networks and servers; l) successfully gain or attempt to gain unlawful and/or unauthorized access to the Service and/or accounts, systems and networks connected to the Service by password mining or other unauthorized means; m) violate any applicable laws, policies or regulations, including, but not limited to, laws relative to the transmission of data or software exported from the United States of America through the Service and/or any other applicable local, state, federal and international law and regulation; n) interfere with any individual, entity, or any other third party's use and enjoyment of the Service; o) use the Service to advertise and/or promote any illegal activities; p) use the Service for illegal purposes; q) use the Service for promoting gambling-related products or services; r) use the Service to promote pharmaceuticals or perscription medications; s) use the Service to promote the use of alcohol, firearms or tobacco products; t) use the Service to send electronic mail transmissions to any third party that include links to any web site that violates the terms and conditions set forth in this Agreement; or u) engage in any other conduct, activity or behavior that, in SFT's sole and exclusive discretion, is considered unauthorized, illegal, immoral or objectionable.
7. Spamming. By accessing, using and/or registering for the Service, you shall not use the Service, in whole or in part, in any way, for the purpose of composing and/or sending chain letters, junk electronic mail, "spam", or any purpose that involves the utilization of distribution lists to any third party business or individual that has not given express specific permission to be included in such a distribution list. Any electronic mail advertisement that is composed and addressed to a third-party recipient with whom the sender does not have an existing business, commercial or personal relationship and which is not sent at the express request or consent of the recipient to receive such a Message from you is strictly prohibited (hereinafter referred to as "Spamming"). SFT reserves the right to immediately terminate any End User's license to access and/or use the Service if such End User uses the Service, in whole or in part, for Spamming purposes, and SFT reserves the right to seek appropriate legal action as necessary for any such violation. If you reasonably believe that any other user may be using the Service for Spamming purposes, you hereby agree that you will promptly notify SFT of any such violation.
8. Monitoring. SFT holds no obligation to monitor the Service, your use of the Service or to store the content of any end user session. However, SFT reserves the right to monitor, review, retain, store or disclose any information or content as necessary, at any time, in conjunction with any applicable law, regulation, policy, legal process and/or government or police request, or to enforce this Agreement herein at the sole discretion of SFT. You hereby agree that SFT shall be held harmless from any liability for any such monitoring, lack of monitoring, review, lack of review, retention, lack of retention and/or disclosure of content or information as described herein.
9. End User Accounts and Security. As an End User of the Service, you will receive an end user account and password to access said account. You are solely responsible for maintaining the confidentiality and security of your account and password. You are solely responsible for any and all activity that occurs within your end user account while using the Service, including, but not limited to, the content located in all electronic mail messages sent through the Service from your account. You may modify or change your password at your sole discretion, at any time, by following the instructions located on the SFT web site. You expressly agree to promptly notify SFT of any unauthorized use of your account or any other breach of security.
10. Unsolicited Submissions. SFT will not accept, review or consider any suggestions, ideas, notes, drawings, diagrams, concepts or other information (hereinafter referred to as "Information") from any End User or other third party, other than those it has specifically and expressly solicited, and SFT therefore requests that any End User or other third party refrain from sending any such Information to SFT. If any End User or other third party elects to send any suggestion, idea, note, drawing, diagram, concept or other information, any such Information shall be deemed the property of SFT. End User hereby assigns and transfers all Intellectual Property Rights in and to the Information to SFT, and End User further agrees to reasonably and promptly effectuate the assignment described herein by executing all applicable instruments and documents now or hereafter requested by SFT which are necessary to effectuate the assignment, as well as perform any other reasonable act deemed necessary by SFT to fully transfer ownership of the Information to SFT to the fullest extent possible. During any such transfer of ownership of Information from End User to SFT, SFT is not responsible or liable to provide compensation to End User in any way, form or manner for the transfer or assignment of Intellectual Property Rights in and to the Information, nor is SFT subject to any confidentiality policies on behalf of the End User regarding the Information and, therefore, shall not be liable or owe any compensation to End User for any use and/or disclosure of the Information.
11. User-Submitted Content. You, as End User, have the sole and exclusive responsibility for any content, data, text, software, music clips, sound, video, photographs, graphics, messages, files or other material that is transmitted, posted or otherwise distributed by you through the Service (hereinafter referred to as "End User Content"), including, but not limited to, the contents of your electronic mail communications, photographs posted by you on the SFT Site or through the Service. As such, you assume sole liability for all End User Materials posted by you, whether publicly or privately posted and/or transmitted. SFT is not responsible and holds no liability relative to monitoring the End User Content provided through the Service, and does not warrant, guarantee or represent, in any way, the accuracy, quality and/or integrity of the End User Materials. By utilizing the Service, you acknowledge that you may be exposed to content or other materials submitted by third parties or other users that may be offensive, indecent or otherwise objectionable, and that SFT is held harmless from any liability resulting or arising out of same. Likewise, SFT shall not be held liable for any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content transmitted through the Service.
12. Use of Service and Storage Limitations. SFT may, at its sole discretion, establish and enforce general practices, policies and limitations with regard to your use of the Service, including, but not limited to: a) the maximum number of day(s) that electronic mail messages or other uploaded content will be stored by the Service; b) the maximum number of electronic mail messages that may be sent or received by your account through the Service; c) the maximum size of any electronic mail messages that may be sent or received by your account through the Service; d) the maximum disk and/or server space that will be allotted to you on SFT's servers for your use of the Service; and/or e) the maximum number of instances and duration which you may access the Service in a given period of time. The amount of electronic mail storage on SFT's server allotted to you for your use of the Service is limited; however, additional storage space for electronic mail messages may be available to you upon payment of additional fees. SFT shall not be held liable for the deletion of an electronic mail message or the failure to compose or send an electronic mail message through use of the Service, nor is SFT liable for electronic mail messages that are not processed or sent due to space limitations or outbound message limitations. SFT reserves the right to log off the account of any end user which has been inactive for an extended period of time, at the sole discretion of SFT. SFT further reserves the right to modify, add to or otherwise change these practices, policies and limitations at any time, with or without notice to you, at its sole discretion.
13. Termination. As End User of the Service, if you disagree and/or are dissatisfied with the Service, in whole or in part, or with any provision of this Agreement, in whole or in part, or any subsequent modifications thereto, it is your sole and exclusive obligation and remedy to terminate your End User account, for any reason and at any time. To terminate your account, you must immediately discontinue your use of the Service, notify SFT of your intention to terminate your End User account, and destroy all content and materials obtained through your use of the Service, all related documentation and any originals or copies of same. Upon execution of the termination process, you must cease all use of the Service immediately, and any license granted to you by SFT to use the Service will be revoked. Termination of this Agreement and your End User account to use the Service shall not have any effect on your obligations to SFT under any other agreement or policy relating to the SFT Service. Upon termination of your End User account, SFT shall not be liable, in any way, to you or any third party for termination of your use of the Service, and SFT shall not be obligated to forward any unread, unsent or unprocessed electronic mail messages to you or any third party. SFT reserves the right to immediately terminate your End User account and your access to the Service for any violation of the terms and conditions set forth in this Agreement, with or without prior notice to you, for any reason in SFT's sole and exclusive discretion. Upon termination of your End User account and your access to the Service, you must destroy all content and materials obtained through your use of the Service, all related documentation and any originals or copies of same. Upon termination of your End User account by SFT, SFT reserves the right to immediately delete all electronic mail messages in your End User account and prohibit any and all further access to those electronic mail messages and/or your use of the Service.
14. Cancellation Policy. Since SFT is a month-to-month service, you may cancel your account at any time. Your subscription fee is prepaid so we simply require that you cancel 72 hours prior to your monthly renewal date or you will be charged your next month's subscription fee. We do not prorate nor refund our service.
All cancellations must be done through our support desk. THERE ARE NO EXCEPTIONS. To cancel, submit a support ticket through our helpdesk at www.StressFreeSupport.com. Your ticket must include your order number, email address, username, and password. Upon receipt, we will schedule your account for cancellation. Your account will remain accessible and active up until the day before your renewal date. At that time, we will permanently cancel and delete from our system your all email lists, campaigns, and reports.
Please note that until you provide us with a support ticket specifically requesting cancellation, your account will be charged monthly for your subscriptions fee. Inactivity in your account will not constitute a cancellation.
15. Disclaimer of Warranties. You expressly agree that use of the Service is at your sole risk. The Service is provided by SFT on an "as is" and "as available" basis. SFT 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. SFT makes no warranties that the Service will meet your requirements and/or be uninterrupted, timely, secure or error-free, nor does SFT make any warranty as to the accuracy or reliability of any information obtained and/or downloaded through the use of the Service or that defects in the system and software will be corrected. SFT makes no warranty regarding any goods or services purchased or downloaded through the use of the Service or any third-party links or any information obtained or transactions entered into through the use of the Service. No advice or information, whether oral or written, obtained by you from SFT shall create a warranty not expressly stated herein. Furthermore, SFT makes no warranties concerning the suitability of the content provided through the Service for any purpose.
16. Disclaimer of Liability. SFT shall not be liable for any damages whatsoever, whether direct, indirect, punitive, incidental, special or consequential, arising out of or in any way connected to the use of the Service or with the delay or inability to use the Service, or for any information, products and services obtained through use of the Service, or otherwise arising out of the utilization of the Service, whether based in contract, tort, strict liability or otherwise, even if SFT has been advised of the possibility of said damages. Furthermore, SFT shall not be liable for any damages arising from the interruption, suspension or termination of the Service, including, but not limited to, direct, indirect, incidental, special, consequential or exemplary damages, whether or not such interruption, suspension or termination was justified, negligent or intentional.
17. Modifications. SFT reserves the right to modify and/or discontinue the Service, whether temporarily or permanently, with or without notice to the users, and SFT shall not be liable to you or any third party for any such modification and/or discontinuance of the Service. SFT further reserves the right to make revisions, modifications, additions, deletions or any such changes to this Agreement at its sole discretion, at any time, with or without notice to its users.
18. Indemnification. You agree to indemnify and hold SFT, subsidiaries, affiliates, officers, agents, representatives, successors, members, principals and other partners and employees harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site or services set forth in this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations, obligations and warranties set forth above. SFT reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of SFT.
19. Jurisdiction. If there is any dispute about or involving the Service provided by SFT, by using the Service, you agree that the dispute will be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You agree to personal jurisdiction by an arbitrator or mediator and the federal courts of the State of Arizona. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial (or other) Arbitration Rules (including the Emergency Interim Relief Procedures), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
20. Severability. If any term or provision of this Agreement is determined to be illegal, unenforceable or invalid in whole or in part for any reason, such illegal, unenforceable or invalid provision(s) or part thereof shall be stricken from this Agreement, and such provision(s) shall not affect the legality, enforceability or validity of the remainder of this Agreement. If any provision or part thereof is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision that is as similar in tenor to the stricken provision as is legally possible.
21. Entire Agreement. This Agreement represents the entire agreement between you and SFT with respect to your use of the Service, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and SFT with respect to your use of the Service.