AUTORESPONDER TERMS OF PURCHASE, LICENSE, AND PRIVACY POLICY


1. The software is licensed and copyrighted.

2. There are no warranties of any kind. No express, implied, or any other type.

THE CONTENT IS LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Licensor's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this License Agreement or use of the content shall not exceed the amount paid to Licensor for the product. In no event shall Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Licensor has been advised of the possibility of such damages. You agree that the foregoing constitutes your sole and exclusive remedy for breach by Licensor of any warranties made under this Agreement. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Support Requests

You agree that if you request support for an active autoresponder that you are giving us access to your website, database, autoresponder, subscriber, and related information. In the course of testing an autoresponder setup test message(s) are typically required to be sent, which you authorize upon requesting support. For a live autoresponder this would mean a test message to your subscribers.

You agree that support is only provided for autoresponder functionality. It does not include any other matter, including but not limited to, preparing web pages, copying subscription forms into web pages, SEO, creating .html files, fixing database errors, or importing data of any type into the autoresponder database. If you import data into the autoresponder database you are responsible for insuring the integrity of the data and that it does not contain any errors which may cause the database to fail. You are also responsible for complying with all anti-spam related laws and contracts, and that we have no responsibility for your actions. You agree that a support request may be refused, and no refunds provided, if it appears that you are a spammer and/or using the software to send unsolicited email messages.

3. There are no guarantees or representations that you will make any amount of money.

4. Privacy Policy

We respect your interest in your privacy, and as a result we have created this informational disclosure. Your purchase constitutes your consent to the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, you are not authorized to purchase the product.

We collect and use personal information for many purposes, including but not limited to, billing; product and service fulfillment; to better understand our customer needs; to provide a better website, products and services; to communicate with customers and potential customers regarding our products and services and third party products and services.

Generally, your private information will only be disclosed to our owners, employees, independent contractors, subsidiaries, partners, affiliates, attorneys, consultants, business associates, service providers, suppliers and agents, acting on our behalf or request. This general rule, and disclosures in specific situations, is more particularly described below.

Information Collected by our ISP

The hosting provider for this Internet site (as with any Internet site) has the ability to record various information, including domain name, pages accessed, date and time of access, web browser type and computer operating system, and referring information, and to disclose this information. This is most commonly done by providing access to raw server logs. For more information you should perform an Internet search on 'server logs' or 'raw server logs.' We have access to our raw server logs and access reports prepared by our hosting provider.

Financial Information for Billing Purposes

We sell products and services. When sales are made certain financial information must be disclosed. This information can include any number of facts you are asked to provide, but most commonly includes your name, financial / credit card information, billing address, and email address. Generally, this purchase information will be provided by you to a third party payment processor and we do not receive your financial / credit card information.

In the event we do receive financial / credit card information, we will not disclose it to anyone unless disclosure is required by a court order, or unless disclosure is required to address an issue implicated by the financial information. For example, if there is a double-billing details may need to be discussed with the payment processor. If your identity is stolen and your credit card is used to make a purchase you did not authorize, details about the financial transaction may be disclosed to law enforcement and anyone else with a need to know.

Use of eMail Addresses and other Contact Information

An important part of our services includes being able to provide information to you. As a result, you expressly consent to receiving communications from us via email, fax, telephone, mail, or any other delivery method. If you unsubscribe from our emailing list you will not receive important information about bonuses, articles, niche products, and other information only provided through email.

If you purchase one of our products or services you will probably receive email from us. You will obviously receive email if you signed-up to receive our newsletter. As a client, you are agreeing to receive information about the product or service you purchased. This may include, but is not limited to, information about product or service updates, new features, or information we believe you may find interesting.

We may also send you information about other products and services our company offers.

We will not sell, provide, or transfer you email address to others.

However, we may allow advertising to our customers, or engage in joint ventures, which result in your receiving advertisements from selected third parties.

Also, if you attempt to defraud us, which includes but is not limited to making refund requests despite having the product, or making incorrect, fraudulent or what we in our discretion consider to be abusive Paypal disputes, your information (name, email, address, IP, etc.) will be publicly disclosed so that other sellers can be warned. There are too many scammers on the Internet trying to get products for free. I'm sure you don't like them either.

As a subscriber we will add your name to our email list. Opt-out instructions are provided at the bottom of every email.

Identification of Purchasers

If you purchase one of our products or services, you authorize us to use your name and identification information in advertising or promotions.

We also use personal information in an aggregate form (i.e., not individually attributable to you) for business analysis, operational, marketing and other promotional purposes.

Cookies

Cookies are used to keep track of referred affiliate commissions and to monitor access to the password protected membership section. You consent to any future use of cookies for testing purposes and the use of cookies for publicly available data to gather statistics for the purpose of determining which search engines, referring sites, key words, etc., bring visitors to our website, which pages visitors are most interested in, what web browsers are used, etc. Various providers may be used for this purpose. The purpose is obtain information that will help promote the website, make the website more interesting and useful to visitors, and to identify areas where improvement is needed.

Additionally, various third party information suppliers and other entities that provide information for this website, or for use by us, may use cookies. Examples include, but are not necessarily limited to billing providers, third party advertisers, and third party resources we promote. For example, in the Members section are numerous third party resources that we recommend, many of which may use cookies which are governed by the respective third party's user agreements and privacy policies.

Additionally, various portions of this website are for members and are password protected. You may set-up your computer / web browser to save and supply username and/or password information, and this may create a cookie or a cookie equivalent. Additionally, third party advertisers may from time to time use cookies.

If cookies are used in the future, you agree that a cookie may be placed on your computer or the cookie may be read to allow us to determine which products and services you have already purchased so that we do not provide redundant information to you.

For any part of our affiliate program that is administered by a third party. Cookies may be used to track sales made to customers referred by you so that you can receive compensation under our affiliate program.

Testimonials and Use of Content

We always want testimonials to advertise and promote our products and services and new content to make use of. If you send us information about our products or services or your use of the same, or submit content to us, you authorize us to use your name, likeness, and information you send us or provide in any manner, including advertisements or promotional materials without remuneration. Although we are not required to do so, we will often want to reciprocate in some way, so please provide a live link to your website, and personal contact information that can be included in a testimonial. This will provide you with free advertising and with a referring link that may help your search engine rankings.

Minors

We do not direct this website to minors, nor does we knowingly collect any personal information from children under the age of thirteen.

Disclosure by Necessity

Private information may be disclosed if required by a court order, statute, law, or regulation.

Information is subject to disclosure to address a claim that you are violating the terms of any agreement pertaining to your use of your use this website or our products or services, or rights of any third party.

Information is also subject to disclosure if believe that disclosure is necessary to identify, contact or bring an action against someone who may be causing injury to or interference (either intentionally or unintentionally) with our rights or property, your rights or property, other users of our web site, products or services, or anyone else.

In addition, as we continue to develop our business, we may sell or buy other businesses or entities, or we may merge with another company, or be bought by another company. In such transactions, personal information may be one of the transferred assets.

Your information may be stored and processed in any country in which we maintain facilities or conduct operations. By using our website, products and services, you consent to any such transfer of information outside of your country. For example, computers that we use to conduct operations are not always located in the United States, and our service providers are not all located in the United States.

After your account becomes inactive your information may remain in our databases, computers, and archives, and cannot reasonably be expunged. Your name, email address, and purchase information will always be kept private.

5. Since software cannot be returned there are no refunds. Make sure you have read the requirements for being able to install the autoresponder on your own website.

The free installation offer is only valid and offered if you supply access to your: ftp, cpanel, and phpmyadmin. If you use a different administrative setup, such as Plesk or something other than cpanel, ask your ISP to install the software for you if you have trouble. Installation only takes a couple minutes. Installation requests are attempted to be answered within 48 hours of the request.

The free installation offer is only good for one installation. Sorry, but we cannot do a thousand free installs if you have that many domains. After the one free install, any additional installations are $15 each, paid before the install takes place, payable only through PayPal. You can order additional installations by clicking here:

6. Our failure to enforce any rights granted in this Agreement or to take action against any other party in the event of any breach shall not be deemed a waiver by us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

This Agreement in all respects shall be governed by and construed according to the laws of the State of California, to the exclusion of any other applicable body of governing law, without regard to conflicts of laws principles.

This Agreement is entered into in Sacramento County, California. You consent to the exclusive jurisdiction of California for any dispute arising from or related to this Agreement.

You agree that the exclusive venue for any dispute arising from or related to this Agreement will be a court located in Sacramento County, California.

Should any term of this Agreement be declared void or unenforceable, that term shall be severed from the Agreement such declaration shall have no effect on the enforceability of the remaining terms.

This Agreement contains the complete and entire understanding and agreement between you and us and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement.

This Agreement may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement.

This Agreement may be amended by us at any time and without notice, but only by amending this Agreement as posted on this website, unless otherwise agreed to in a writing signed by both of us.

Any amendments will become effective 30 days after being posted on the website, unless circumstances require that a change be immediately implemented. As a condition for this Agreement you agree to periodically check this Agreement posted at this page.

You agree that your continued use of our product or service after that date will constitute your consent and acceptance of the amendment.

7. Contact Information

Dirt Cheap Autoresponder
PO Box 725
Rancho Cordova, CA 95741