All services provided by AWeber Systems may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless AWeber Systems from any claims resulting from the use of the service which damages the subscriber or any other parties.
Spamming, or the sending of unsolicited email, using an email address, URL that is maintained on an AWeber Systems machine, or directing traffic to a webpage that contains any reference to AWeber Systems is STRICTLY prohibited. AWeber Systems will be the sole arbiter as to what constitutes a violation of this provision. This action WILL RESULT in immediate termination of your account without refund. Any service interruptions as a result of subscribers spamming will be billed to the subscriber at $50.00 per hour until service is restored. Subscriber will also be in violation of the AWeber Systems Service Agreement and subject to legal action.
Importing or in any way using purchased leads with an AWeber account is strictly prohibited. If you paid money or in any way purchased a group of pre-existing leads these may not be used with AWeber. 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 AWeber.
Batching or in any way trying to script the addition of new subscribers to the web form subscribe methods is strictly forbidden. A script must not be used to auto submit a web form subscriber on behalf of a website visitor. The visitor who desires to subscribe to your list must be the one to activate that subscription process.
Pornography and sex-related merchandising are prohibited on any AWeber Systems server. AWeber Systems will be the sole arbiter as to what constitutes a violation of this provision.
Payment is due immediately after date of invoice. All payments must be in US dollars and withdrawable from a US bank. The subscriber is responsible for providing up-to-date payment information. AWeber Systems will not be held responsible should the subscriber's payment information become out-of-date.
If payment is by credit card, the subscriber authorizes AWeber Systems to charge the credit card listed on the subscription form for those charges for AWeber Systems 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 AWeber Systems may charge the amount due to the provided card at any time.
Accounts are in default if payment is not received within 20 days after date of invoice. If a subscriber's check is returned by the bank as unredeemable, the subscriber will be deemed to be in default, and will be liable for a "returned check" charge of $25. Accounts unpaid 20 days after date of invoice may have their service interrupted. Such interruption does not relieve the subscriber from the obligation to pay the monthly charge. Only a written request to terminate your service relieves you of your obligation to pay the monthly account charge. Accounts in default are subject to a late payment charge of $25 and an interest charge of 1.5% per month on the outstanding balance. If the subscriber's state law does not allow an interest rate of 1.5% per month, the maximum allowable rate for the subscriber's state will be charged. If the subscriber defaults, the subscriber agrees to pay AWeber Systems its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.
All files, information and mail under the account will be preserved for 20 days from the date the payment is due. If the payment is not received after 20 days, all files, information and mail under the account will be deleted. If the subscriber wishes to use the service again, the subscriber must re-apply as a new subscriber.
The subscriber agrees that the company has the right to delete all data, files or other information that is stored in the subscriber's account if the subscriber's account with the company is terminated, for any reason, by either AWeber Systems or the subscriber.
System accounts can not be transferred or used by anyone other than the subscriber. Accounts which have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate cancellation.
AWeber Systems 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 20 days, the subscriber will be notified as to the reason.
Service provided by AWeber Systems may be cancelled in writing at any time with no penalty. 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 AWeber Systems. AWeber Systems reserves the right to change the rate by notifying the subscriber 15 days in advance of the effective date of the change.
AWeber Systems exercises no control whatsoever over the content of the information passing through AWeber Systems. All leads (email addresses) generated by subscriber are held strictly confidential. The leads are never released to any other parties for any purpose. The lead information is only used on AWeber Systems' servers to deliver the follow up messages designated by the subscriber.
Customers are prohibited from transmitting on or through any of AWeber Systems' services, any material that is, in AWeber Systems' 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.
AWeber Systems, Inc is committed to respecting intellectual property rights. If you identify copyrighted material that belongs to you posted without your permission to www.aweber.com or sent through the services please follow the directions below to let us know. Our designated agent is as follows:
1100 Manor Drive
Chalfont, PA 18914
The subject of your communication should be: DMCA Takedown Request
Your notice must include all of the following:
- a physical or electronic signature of someone authorized to act on behalf of the copyright owner;
- identification of the work that has allegedly been infringed;
- identification of the website material that is allegedly infringing;
- information for the website owner to contact the complaining party, such as a postal address, telephone number, or email address;
- a statement that the complaining party has a good faith belief that the allegedly infringing use is not authorized or legal; and
- a statement that the information in the takedown notice is accurate and, under penalty of perjury, that the author of the takedown notice is authorized to act on behalf of the copyright owner.
AWeber Systems makes no warranties of any kind, whether expressed or implied, for the service it is providing. AWeber Systems also disclaims any warranty of merchantability or fitness for a particular purpose. AWeber Systems will not be responsible for any damage suffered. This includes loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by AWeber Systems' negligence or the subscriber's errors or omissions. Use of any information obtained via AWeber Systems is at your own risk. AWeber Systems 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 agreement shall remain unaffected thereby unless otherwise stated.
This agreement shall be governed by the laws of the State of Pennsylvania 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 AWeber Systems service constitutes acceptance of these Terms and Conditions.
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