These Terms of Service constitute a legally binding agreement between you (herein referred to as the 'Client') and Smart Autoresponder (herein referred to as 'Smart Autoresponder'), owned and operated by Smart Foxes, Alberta, Canada, for the use of an autoresponder account (herein referred to as the 'Service').

The Client may set-up as many autoresponders as are required under a single account, provided that such an account is for the sole use of the Client for his/her own personal use or for use in connection with any Internet business registered, owned and operated by the Client.

The Client may not set-up an autoresponder under his/her account for use by any third party. For the purpose of these Terms of Service a "third party" shall include, but is not limited to, individuals acting as "agents", "affiliates" or "associates" on behalf of the Client.

The Client shall not use the services of Smart Autoresponder for any activity which is either unethical or illegal. This shall include the storage and transmission of any material for any illegal purpose or which is in any way connected with an illegal activity. No material may be transmitted which violates the rights of another party including, but not limited to, the right to copyright, the right to confidentiality and the right to privacy. The Client shall not transmit any material which carries either explicitly or by implication, any threat, libel, racism or otherwise obscene content. The Client shall not transmit any material of a sexually explicit nature (if there is any doubt about whether or not material might fall under the category of 'sexually explicit' the Client shall consult Smart Autoresponder before transmitting such material). The Client shall not transmit any files or attachments which carry viruses or which may in any manner, either intentionally or unintentionally, cause harm or inconvenience to the recipient.  The Client shall not transmit any material which is deemed illegal by any local, national or international law or treaty.

The Client shall not use this Service in connection with any FFA (Free-for-all link lists) Board, Classified Advertising Board or Message Board.  In this respect, the Client shall not post any autoresponder address, or any link to an autoresponder form, on any FFA Board, Classified Advertising Board or Message Board.  In addition, where the Client owns or operates a FFA Board, Classified Advertising Board or Message Board he/she shall not subscribe to the Service any address which has itself been posted to such a board.

The Client may not use this Service, either directly or indirectly, for the purposes of spamming.

Spamming is defined as the practice of sending out unsolicited email. That is to say, the sending of email messages to any addressee who has not indicated their willingness to receive such email messages.

The Client may not use the Service to promote any product or service which in itself is designed to promote, or otherwise aid or encourage, the practice of spamming.

In the event of a complaint being received that a Client is spamming, Smart Autoresponder reserves the right to immediately suspend Service to the Client. Smart Autoresponder will then undertake to investigate the complaint and shall be the sole arbiter in reaching a decision as to the justification for that complaint.  If Smart Autoresponder adjudges that spamming has taken place, the Client account will be terminated immediately and, in the case of a paid account, the Client shall have no right to any reimbursement of fees paid.  In addition, should Smart Autoresponder suffer any loss or damage, either directly or indirectly, as a result of a Client spamming, the Client shall be liable for the payment of all loses and damages.

Smart Autoresponder operates the following policy in respect of refunds.  Any Client requesting cancellation of his account within a period of one month from the date of initial payment shall receive a full refund of all monies paid.  The Client's account shall be closed immediately.  Any Client requesting cancellation of his account later than one month from the date of initial payment shall receive a refund based upon the monthly rate advertised on our web site at the date upon which the request is received.  The Client's account will remain open until the end of the billing month in which the request is received ^{(Note 1)}.

Smart Autoresponder reserves the right to modify its service or change its terms and conditions of this agreement. Any such modification or changes shall be published on its web site and all existing Clients will be notified of such changes in writing (by email). The continuation of service by a Client after such notification has been received will be deemed an acceptance of the new agreement by the Client.

Smart Autoresponder Services may be terminated by either party to this agreement at any time upon written notice to the other party. Smart Autoresponder shall not be liable for any third party termination of the service. Smart Autoresponder reserves the right to levy its normal monthly billing charge for the month following that in which termination is notified where the Client gives notice of their wish to terminate a paid account within 5 days of the rebilling of their account. 

The Client agrees that Smart Autoresponder has the right to delete all data, files and other information stored on behalf of the Client from Smart Autoresponder's server once the Client's account has been terminated, regardless of the reason for such termination.

Smart Autoresponder reserves the right to suspend Service to the Client at any time and for any reason, without notice, should Smart Autoresponder deem such suspension of Service necessary.

Smart Autoresponder makes no warranties of any kind, whether expressed or implied, for the Service it is providing. Smart Autoresponder shall disclaim any warranty of merchantability or fitness for a particular purpose. Smart Autoresponder will not be liable for any damage suffered. This includes, but is not limited to, the loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by negligence on behalf of Smart Autoresponder, or its employees, or the Client's errors or omissions. 

LIMITED LIABILITY. ANY LIABILITY OF SMART AUTORESPONDER, 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, COMMUNICATION 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 CLIENT TO SMART AUTORESPONDER FOR THE CURRENT MONTH.

Should any provision of this agreement be held to be illegal, invalid or unenforceable by a court of law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected unless otherwise stated.

In requesting the Service, the Client is, by implication, accepting these Terms of Service.

Notes:

1.  For the purposes of example only the following illustrates how Smart Autoresponder operates its refund policy:

A Client opens an annual account on 13 May 2002 at a price of $130.  The Client requests the closure of his account on 5 September 2002.  The Client's account will remain open until the end of his current billing month on 13 September 2002, at which time the account will have been open for a total period of 4 months.  Assuming that the monthly fee on 5 September 2002 (the date on which cancellation was requested) is $15.99, we will calculate the account charges due as $63.96 ($15.99 X 4).  A refund of $66.04 ($130 - $63.96) will be paid.