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You must be at least eighteen (18) years old and able to enter into contracts.
ProgrammerAuthor (“ProgrammerAuthor” or the “Service” or “We” or “Us” or “Our”) provides email marketing services offered through various domains (we’ll refer to it as the “Website”, “Websites”, or “Service”) that allows you to create, send, and manage email newsletters (each message is called an “Email” o “Newsletters”) to individual recipients.
You agree to indemnify and hold harmless ProgrammerAuthor and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any claims resulting from the use of the service which damages the subscriber or any other parties.
Spamming is strictly prohibited. Importing or in any way using purchased leads with an account on our service is strictly prohibited. If you paid money or in any way purchased a group of pre-existing leads these may not be used with our service. This includes co-registration services, “safe lists” or any type of free leads given to you. Only people that have specifically requested information directly from you may be emailed through our service.
We may view, copy, and internally distribute content from your Emails and account to create algorithms and programs (“Tools”) that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws. For example, We study data internally to make our Email Genome Project smarter and create better experiences for senders and subscribers.
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. In the case of ProgrammerAuthor, we can suspend your ProgrammerAuthor account if the complaint rate or the bounce rate is more than certain percentages. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
As long as you’re a Member or have an outstanding balance with us, you’ll provide us with valid
credit card information and authorize us to deduct the monthly charges against that credit
You’ll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order after some retries, we’ll try to contact you by email and suspend your account until your payment can be processed. For continued service, your account is automatically charged for the amount due on monthly, yearly or on the basis of specific services.
All subscription plans and all pricing are subject to change at any time.
We’ll give you a refund for a month if we stop providing our Services to you for a reason that’s not laid out in these Terms or our Acceptable Use Policy. You won’t be entitled to a refund from us under any other circumstances. NO REFUND WOULD BE GIVEN IF your account is suspended because of spamming or other related issues, or you do not follow our Terms of Service & Acceptable Use Policy or you do not request for cancellation of your account prior to the date of payment irrespective of whether or not you’ve been using the services.
An account cannot be transferred or used by anyone other than the subscriber. Accounts that have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate cancellation.
ProgrammerAuthor shall have the right to suspend service to the subscriber at any time, and for any reason, without notice. If such a suspension is to last for more than 18 days, the subscriber will be notified as to the reason.
Service provided by ProgrammerAuthor may be canceled in writing at any time with no penalty.
The customer unit name and password must be included in the cancellation request. Cancellation will take effect only when the receipt of the cancellation request is confirmed by ProgrammerAuthor.
ProgrammerAuthor exercises no control whatsoever over the content of the information passing through ProgrammerAuthor. All leads (email addresses) generated by the subscriber are held strictly confidential. The leads are never released to any other parties for any purpose. The lead information is only used on ProgrammerAuthor’s servers to deliver the follow-up messages designated by the subscriber.
Customers are prohibited from transmitting on or through any of ProgrammerAuthor’s services, any material that is, in ProgrammerAuthor’s sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or that encourages conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
ProgrammerAuthor is committed to respecting intellectual property rights. If you identify copyrighted material that belongs to you posted without your permission to our Website or sent through the services please follow the directions below to let us know. All related emails should be sent to: firstname.lastname@example.org and the subject of your communication should be: DMCA Takedown Request. Your notice must include all relevant information including a physical or electronic signature of someone authorized to act on behalf of the copyright owner.
ProgrammerAuthor makes no warranties of any kind, whether expressed or implied, for the service, it is providing. ProgrammerAuthor also disclaims any warranty of merchantability or fitness for a particular purpose. ProgrammerAuthor will not be responsible for any damage suffered. This includes loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by ProgrammerAuthor’s negligence or the subscriber’s errors or omissions. The use of any information obtained via ProgrammerAuthor is at your own risk. ProgrammerAuthor specifically denies any responsibility for the accuracy or quality of information obtained through its services.
LIMITED LIABILITY. ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR THE CURRENT MONTH.
Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity, and enforceability of the remaining provisions of this the agreement shall remain unaffected thereby unless otherwise stated.
This agreement shall be governed by the laws of the State of Delaware and the United States.
These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of ProgrammerAuthor’s service constitutes acceptance of these Terms and Conditions.
Thanks for taking the time to read our Acceptable Use Policy.
This agreement is in effect as of Jan 15, 2018.