29. Terms and Conditions
This website at http://www.turbo-smtp.com/ (the “Site”) is owned and operated by turboSMTP Corp. ("turboSMTP"). Your access to this Site and your use of the information and services provided herein is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site (known collectively as the "turboSMTP Terms of Service").
turboSMTP operates and provides turbo-smtp.com services to users who register with us to send email data from the turbo-smtp.com system (collectively, the “Service”). By using the Service, you agree to be bound by the turboSMTP Terms of Service. These turboSMTP Terms of Service apply only to the Service described in this document, and not any other turboSMTP service.
turboSMTP reserves the right to amend these Terms of Service at any time. We suggest that since you are bound by the turboSMTP Terms of Service, you should periodically refer to them in this document and elsewhere on the Site. If you do not agree with the turboSMTP Terms of Service, do not use this Site. If at any time you have any questions or doubts as to whether your use may contravene the turboSMTP Terms of Service, please contact turboSMTP at firstname.lastname@example.org before engaging in such activities.
Restrictions on Use
You shall use the turbo-smtp.com email Service and web site for lawful purposes only. You shall not:
- Modify, copy, distribute, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, software, products, services, or other materials on, generated by or obtained from the Site (collectively, the "Materials");
- Redeliver any page, text, image, or Materials on the Site using "framing," hyperlinks, or other technology;
- Engage in any conduct that could damage, disable, or overburden (i) the Site, (ii) any Materials or services provided through the Site, or (iii) any systems, networks, servers, or accounts related to the Site, including without limitation, using devices or software that provide repeated automated access to the Site
- Probe, scan, or test the vulnerability of any Materials, services, systems, networks, servers, or accounts related to the Site or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with the Site through hacking, password, or data mining, or any other means of circumventing any access-limiting, user authentication, or security device of any Materials, services, systems, networks, servers, or accounts related to the Site.
Misuse of this site will result in prosecution to the maximum extent permitted under state, Federal and international law. turbo-smtp.com reserves the right to refuse service to users, and any conduct by you that in turbo-smtp.com's discretion restricts or inhibits any other user from using or enjoying the web site and/or service will not be permitted.
turboSMTP services carry a 15 day satisfaction guarantee to all new turboSMTP customers.
A full refund will be granted to all new turboSMTP accounts cancelled within the first 15 days or until user has sent 100 messages (whichever is sooner). Thereafter, no refunds will be permitted.
All monthly plans will automatically renew at the end of the plan's Billing Cycle (monthly or annual). You may cancel your monthly plan at any time by clicking on the "Cancellation request" button in the Client Area. Cancellation requests submitted fewer than 15 days prior to a billing date may result in automatic billing for one (1) additional billing cycle.
To avoid automatic billing for a subsequent billing cycle, you must submit your online cancellation request at least 15 days prior to your billing date. If your account is terminated or suspended due to SPAM / email abuse no refund will be allowable.
You agree that turbo-smtp.com in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason or no reason, including, without limitation, for SPAM as described here by FTC
or if turboSMTP believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. turboSMTP may also in its sole discretion, for any reason or no reason and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that turboSMTP may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Service. Further, you agree that turboSMTP shall not be liable to you or any third-party for any termination of your access to the Service.
This Site is controlled and operated by turboSMTP Corp., http://www.turbo-smtp.com. All materials on the turbo-smtp.com Site including, but not limited to, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by turboSMTP or owned by other parties who have licensed their intellectual property to turboSMTP. turboSMTP, and all other derivations of the "turboSMTP" mark appearing on this web site are trademarks and/or service marks of turboSMTP Corp, and all other trademarks, service marks, and trade names used on the site are the property of their respective owners. Except as expressly authorized herein, material from this Site and from any other web site owned, operated, controlled, or licensed by turboSMTP may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of turboSMTP's intellectual property in any form, including but not limited to use on any other web site or networked computer environment, without express written authorization is a violation of turboSMTP's copyrights and other proprietary rights and is strictly prohibited.
LINKS IN THIS WEB SITE MAY LET THE USER LEAVE turboSMTP SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF turboSMTP, AND turboSMTP IS NOT RESPONSIBLE FOR THE CONTENT AVAILABLE ON ANY OTHER INTERNET SITES LINKED TO THE WEB SITE. turbo-smtp.com IS PROVIDING THESE LINKS TO OTHER INTERNET SITES AS A CONVENIENCE TO USERS, AND ACCESS TO ANY OTHER INTERNET SITES LINKED TO THIS WEB SITE IS AT THE USER'S OWN RISK. THE INCLUSION OF ANY LINK DOES NOT IMPLY A RECOMMENDATION OR ENDORSEMENT BY turboSMTP OF THE LINKED SITE.
Limitation of Liability and Disclaimer of Warranties
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SERVICE. turbo-smtp.com, ITS CLIENTS, PROVIDERS, AND AUTHORIZED AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE OR COST (INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL AND PUNITIVE DAMAGES) WHICH YOU INCUR DUE TO YOUR USE, OR INABILITY TO USE, THE SERVICE. IF YOU LIVE IN A STATE THE LAWS OF WHICH PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, turboSMTP 'S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL turboSMTP 'S LIABILITY EXCEED THE AMOUNT OF DIRECT DAMAGES TO THE PROPERTY OR PERSON CAUSED BY OUR NEGLIGENCE. turboSMTP MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), REPRESENTATIONS, OR ENDORSEMENTS REGARDING THE SERVICE OR ANY THIRD PARTY MATERIAL ADVERTISED, PROMOTED, OR MADE AVAILABLE THROUGH THE SERVICE.
FURTHERMORE, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS - WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. turboSMTP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS, GOODS, OR SERVICES ADVERTISED EITHER BY turboSMTP 'S PARTNERS OR PROMOTED IN CONJUNCTION WITH turboSMTP 'S PROGRAMS. YOU AGREE THAT NEITHER turboSMTP, NOR ITS AFFILIATED OR RELATED ENTITIES, OR ITS CONTENT PROVIDERS, ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY INFORMATION OR OPINIONS PROVIDED ON THIS SITE.
You agree to indemnify turboSMTP and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the provisions of the turboSMTP Terms of Service.
This site is controlled and/or operated by turboSMTP from its offices within the State of New York, United States of America. turbo-smtp.com makes no representation that materials in this site are appropriate or available for use in other locations outside the United States. Unless otherwise expressly stated, advertising and related materials made available through this site, or through any site displaying the authorized turbo-smtp.com logo, or otherwise linked to this site are intended only for presentation within the United States, its territories and protectorates. Those who choose to access this site from other locations do so on their own initiative and without warranty or recourse except as provided for by United States law.
Choice of Law
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, without regard to its conflicts of law principles. Any action brought to enforce this Agreement or, in connection with, any matters related to this Site, shall be brought only in either the state or Federal courts located in New York, and you expressly consent to the jurisdiction and venue of said courts. This Agreement shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is hereby excluded. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. You also acknowledge and agree that turboSMTP will fully cooperate with any law enforcement authorities or court order requesting or directing turbo-smtp.com to disclose information or materials in our possession.
Assignment and Succession
You may not grant, devise, or otherwise assign any rights or benefits under this Agreement to any other party. Notwithstanding any other provision of this Agreement, turboSMTP, its successors and assigns may fully enforce any term or provision of this Agreement, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.
This document, including the documents referenced by and incorporated into this document, form the complete agreement between you and turboSMTP with respect to the Service. Any other statements, trade practices, or conduct engaged in by either party shall not alter or modify this Agreement; the words contained in this document control the entire meaning of this agreement. Any decision not to enforce a particular provision of this agreement does not waive the right to enforce it at any other time and turboSMTP will not waive the right to enforce any provision of this agreement except in writing.
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