Terms of Service for Ecourse Wizard
1. The autoresponder Client (herein referred to as 'Client') agrees to waive liability of Ecourse Wizard from any claims resulting from misuse of the service. Client agrees to defend, indemnify and hold harmless Ecourse Wizard from all liabilities, claims and expenses, including attorneys' fees, arising from breach of this Agreement. Ecourse Wizard services may only be used for lawful purposes.
2. Clients must adhere to the strict NO SPAM policy at Ecourse Wizard. Spam, also called unsolicited commercial email (UCE), will result in immediate cancellation of Client account. Fees paid towards Client account will not be refunded, and Client agrees to pay $40 per hour until service is restored, for any service interruptions that result from Clients abuse of our service.
3. Clients must use their Ecourse Wizard account as an autoresponder service. Uses that are not allowed and subject to suspension of services are, but not limited to: email forwarding, generating a new list with our service from those who request removal from a list you own, or relaying illegal content to third parties. Ecourse Wizard has sole discretion over determining if a violation has occurred in regards to this paragraph.
4. Payment for services at Ecourse Wizard must be made in US Dollars. Charges for services at Ecourse Wizard are processed by 2Checkout . It is the Client's responsibility to make certain the billing information for each monthly billed account is kept current. If billing data is not kept current, Client's account will be deleted after 15 days of none-payment. Client agrees that Ecourse Wizard has the right to delete Client account, and all data associated with Client account, if payment is not received 15 days after it is due. If payment is by credit card, the Client authorizes Ecourse Wizard to charge the credit card listed on the Order form for charges for Ecourse Wizard services that may accrue from month to month, or for any past-due balances, in order to bring the account to current status. Credit card payments will be billed and charged automatically, and Ecourse Wizard may charge the amount due to the provided card at any time.
5. Ecourse Wizard offers a 30 day money back guarantee . Clients have 30 days from date of purchase to cancel an account and receive a 100% refund. Accounts that are cancelled due to Terms of Service violation do not qualify for a refund.
6. Client agrees that Ecourse Wizard shall have the right to FREEZE service of Client account at any time. Ecourse Wizard reserves the right to FREEZE Clients account(s) due to, but not limited to: non-payment, spam complaints, illegal activities, or non-compliance with this agreement.
7. Ecourse Wizard reserves the right to suspend functionality of our autoresponder service from an Client account due to, but not limited to: misusing our service, for illegal or unethical practices, or non-compliance with this service agreement.
8. Client understands that a valid email address is required by Ecourse Wizard, Inc. for this service. Ecourse Wizard will NOT give your email address to any 3rd party. Any correspondence sent to you comes directly from Ecourse Wizard.
9. Ecourse Wizard, Inc. exercises no editorial control over the content of messages sent from Client account. Clients are prohibited from using Ecourse Wizard's autoresponder system to send any material that is, unlawful, libelous, or hateful. Ecourse Wizard, Inc. has sole discretion over determining if a violation has occurred in regards to this paragraph.
10. Ecourse Wizard makes no warranties of any kind for the service it provides, whether expressed or implied. Ecourse Wizard will not be held liable for any damages suffered to Client, including, but not limited to: loss of data resulting from delays, non delivery of email, or service outages caused by Ecourse Wizard's negligence. Ecourse Wizard will not be held liable for any damages suffered to Client by use of the Ecourse Wizard autoresponder system.
11. Ecourse Wizard DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR FREE OR UNINTERRUPTED. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PURPOSE. Ecourse Wizard WILL NOT BE RESPONSIBLE FOR ANY LOSSES, DAMAGES OR COSTS THAT YOU AND/OR YOUR BUSINESS MAY SUFFER WHEN USING THE SERVICE. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS Ecourse Wizard FROM ANY CLAIMS RESULTING FROM YOUR USE OF SERVICE. YOU EXPRESSLY AGREE THAT USE OF SERVICE IS AT YOUR SOLE RISK. NEITHER Ecourse Wizard NOR ITS SERVICE PROVIDERS, AGENTS, LICENSORS, EMPLOYEES SHALL HAVE ANY LIABILITY FOR ANY DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE USE OR MISUSE OF THE SERVICE.
12. Should any paragraph of this agreement be considered illegal, invalid, or unenforceable by a court of law, the legality, validity and enforceability of the remaining paragraphs of this agreement shall remain unaffected thereby unless otherwise stated.
13. Multiple account autoresponders are for single users only. If Ecourse Wizard determines multiple users are accessing a single multiple account autoresponder, or if the unlimited account is being used to provide autoresponder services to your Clients or members of your organization, said account will be frozen and potentially deleted. Ecourse Wizard has sole discretion over determining if a violation has occurred in regards to this paragraph.
14. These Terms and Conditions supersede all previous written, verbal or implied provisions. Use of Ecourse Wizard services constitutes acceptance of these Terms and Conditions. Ecourse Wizard reserves the right to make changes and amendments to these terms and conditions at any time. Ecourse Wizard agrees to notify account Clients of any changes or amendments by email and by posting changes on this page.