The autoresponder owner, (herein referred to as 'Owner') agrees to waive liabilty of Royal Responder, Inc. from any claims resulting from misuse of the service. Owner agrees to defend, indemnify and hold harmless Royal Responder, Inc. and its affiliated companies, from all liabilities, claims and expenses, including attorneys' fees, arising from breach of this Agreement. Royal Responder services may only be used for lawful purposes.

Owners must adhere to the strict 'no spam' policy at Royal Responder. Spam, also called unsolicited commercial email (UCE), will result in immediate cancellation of Owner account. Fees paid towards owner account will not be refunded, and Owner agrees to pay $40 per hour until service is restored, for any service interuptions that result from owners abuse of our service. Royal Responder reserves the right to delete a list from an account that is receiving spam complaints in order to prevent further email from being sent.

Owner must ONLY use the autoreply email address in the body of an email, or on your website, in reference to receiving more information. You must never use your Royal Responder email address as a means for anyone to send you personal email messages. You must never use your Royal Responder address as the "reply to", "from", or "return" address in any correspondence. The only acceptable use is to reference your Royal Responder address within the "body" of your email, not as the *From* email address. You must never use your Royal Responder address as your email address when submitting any material to search engines, link submitters, FFA sites, banner exchanges etc. You must never send unsolicited email to anybody that includes a reference to Royal-Responder.Com or any of our other corporate domains.

Owners must adhere to the CAN-SPAM (Bill S. 877 - took effect on January 1, 2004) regulations regarding not sending email with descriptive subjectlines. Owner must use their name or business name in the From: field, and not a sales pitch or marketing message. Owners must also put their valid physical postal address within all email messages sent by the Royal Responder service. Royal Responder will ensure that message headers are valid and accurate and that a functional remove link is placed in all emails sent.

Owners must use their Royal Responder account as an autoresponder service. Uses that are not allowed and subject to suspension of services are, but not limited to: email forwarding, vacation or temporary leave of absence notifications, mail list server uses (importing emails to send only one message), generating a new list with our service from those who request removal from a list you own, or relaying illegal content to third parties. Royal Responder, Inc. has sole discretion over determining if a violation has occured in regards to this paragraph.

Owners will be required to upgrade their account to Enterprise level when any of the following conditions are reached: 1) single pro accounts with over 30,000 subscribers. 2) multple accounts (5 Pack and Unlimited) with combined list totals of over 100,000 subscribers, or any single account within the multiple account with over 30,000 subscribers. The Enterprise account fees are $ per month. For each 15,000 subscribers above the 30,000 or 100,000 subscriber levels, there will be an additional $5.00 per month added to the Enterprise fee of $. Enterprise accounts have unlimited autoresponder accounts. All broadcasts for Enterprise accounts are accomplished on a multi-server platform for enhanced speed and performance. All Enterprise accounts must be paid by credit card and be billed on a Monthly basis. We can not accept payment for Enterprise accounts via Pay Pal.

Owner agrees that importing greater than 3000 leads into their account constitutes acceptance of the stipulations placed on High Import / Import Enabled accounts. The stipulation are as follows: (a): these accounts have no broadcast capabilities.

Payment for services at Royal Responder must be made in US Dollars. Charges for services at Royal Responder are processed by PayPal (www.paypal.com) or Verisign/Wellsfargo. Enterprise level accounts require billing via Verisign/Wellsfargo - major credit cards only. It is the Owners responsibility to make certain the billing information for each monthly billed account is keep current. If billing data is not keep current, owners account will be deleted after 30 days of none-payment. Owner agrees that Royal Responder has the right to delete owner account, and all data associated with Owner account, if payment is not received 30 days after it is due. If payment is by Pay Pal, Owner acknowledges that cancellation of their subscription at Pay Pal will result in automatic freezing of their account. An active subscription is required for the account to be active. If payment is by credit card, the Owner authorizes Royal Responder to charge the credit card listed on the purchase form for those charges for Royal Responder 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 Royal Responder may charge the amount due to the provided card at any time. Owner agrees that Royal Responder, Inc. is not responsible for over-draft charges that may occur when processing charges against your account. It is the owners responsibility to make certain funds are available to cover the monthly recurring charges.

Royal Responder, Inc. offers a 30 day money back guarantee. Owners has 30 days from date of purchase to cancel an account and receive a 100% refund. Refunds will not be issued for monthly recurring payments. It is the Owners responsibility to cancel their account 3 days before monthly billing occurs to avoid additional charges. All cancellation requests MUST be made via the Help Desk - accessed from within your autoresponder account login area. If you paid for your account via Pay Pal and wish to cancel the account, simply login to your Pay Pal account and cancel the subscription to Royal Responder. You can NOT cancel your account via email or by phone. Accounts that are cancelled due to Service Agreement violation do not qualify for a refund.

Owner agrees that Royal Responder shall have the right to FREEZE service of Owner account at any time. Royal Responder reserves the right to FREEZE Owners account(s) due to, but not limited to: non-payment, spam complaints, illegal activities, or non-compliance with this service agreement.

Royal Responder reserves the right to suspend functionality of our autoresponder service from an Owner account due to, but not limited to: misusing our service, for illegal or unethical practices, or non-compliance with this service agreement.

Owner understands that a valid email address is required by Royal Responder, Inc. for this service. Royal Responder, Inc. will NOT give your email address to any 3rd party. Any correspondence sent to you comes directly from Royal Responder, Inc.

Royal Responder, Inc. exercises no editorial control over the content of messages sent from Owner account. Owners are prohibited from using Royal Responder, Inc.'s autoresponder system to send any material that is, unlawful, libelous, or hateful. Owners are prohibited from sending copyrighted materials (content, images, concepts) in emails sent from our system, unless the copyright is the property of the Owner. Royal Responder, Inc. has sole discretion over determining if a violation has occured in regards to this paragraph.

Royal Responder, Inc. makes no warranties of any kind for the service it provides, whether expressed or implied. Royal Responder, Inc. will not be held liable for any damages suffered to owner, including, but is not limited to: loss of data resulting from delays, nondeliveries of email, misdeliveries of email, or service outages caused by Royal Responder, Inc.'s negligence. Royal Responder, Inc. will not be held liable for any damages suffered to owner by use of the Royal Responder autoresponder system.

FREE Accounts will be removed on the 45 day of inactivity. Stated differently, if a FREE account has no activity for 45 days, ie. no subscriptions to the list, then the account will be deleted.

Royal Responder, Inc. reserves the right to send periodic promotional offers (via email) to FREE account owners. We will never send promotional emails to any PRO account owners, however, often a PRO account owner has several free accounts which 'are' subject to receiving these offers.

Royal Responder, Inc. 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. Royal Responder, Inc. 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 Royal Responder, Inc. FROM ANY CLAIMS RESULTING FROM YOUR USE OF SERVICE. YOU EXPRESSLY AGREE THAT USE OF SERVICE IS AT YOUR SOLE RISK. NEITHER Royal Responder, Inc. 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.

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.

This service agreement is governed by the laws of the state of Colorado and of the United States of America.

Multiple account autoresponders are for single users only. If Royal Responder 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. Royal Responder, Inc. has sole discretion over determining if a violation has occured in regards to this paragraph.

These Terms and Conditions supersede all previous written, verbal or implied provisions. Use of Royal Responder, Inc. services constitutes acceptance of these Terms and Conditions. Royal Responder, Inc. reserves the right to make changes and ammendments to these terms and conditions at any time. Royal Responder, Inc. agrees to notify account owners of any changes or ammendments by email OR by posting changes on this page.